Loading...
2023, 12-12 Formal Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, December 12, 2023 6:00 p.m. Remotely via ZOOM Meeting and In Person at CenterPlace Regional Event Center 2426 N Discovery Place Spokane Valley, WA 99216 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in-person at the address provided above, or 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. 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 Jeremy Anglin, Valley Real Life 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. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person’s public comment time before the three-minute mark. 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 at the meeting. 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. Council Agenda December 12, 2023 Page 1 of 2 a. Approval of Claim Vouchers, December 12, 2023, Request for Council Action Form: $8,721,886.50. b. Approval of Payroll for Pay Period ending November 15, 2023: $538,432.11. c. Approval of Payroll for Pay Period ending November 30, 2023: $723,869.17. d. Approval of Council Meeting Minutes of August 22, 2023 e. Approval of Council Meeting Minutes of August 29, 2023 2. Second Reading Ordinance 23-024 Transportation Benefit District Tab Fee – Erik Lamb 3. Motion Consideration: Behavioral Health and Human Trafficking Request for Proposal Awards – Gloria Mantz, Sarah Farr \[public comment opportunity\] 4. Motion Consideration: Spokane Sports Funding Request, 2024 Tourism Promotion Area Proceeds – Mike Basinger \[public comment opportunity\] 5. Motion Consideration: 2024 Lodging Tax Awards – Sarah Farr \[public comment opportunity\] 6. Motion Consideration: 2024 Federal Legislative Agenda - Virginia Clough \[public comment opportunity\] 7. Motion Consideration: Amended 2024 State Legislative Agenda - Virginia Clough \[public comment opportunity\] 8. Motion Consideration: Park Maintenance Request for Proposals Contract Award – John Bottelli \[public comment opportunity\] ADMINISTRATIVE REPORT: 9. Admin Report: 2024 Comprehensive Plan Amendments Docket – Levi Basinger 10. Admin Report: City Signal Shop – Bill Helbig, Jerremy Clark 11. Admin Report: Governance Manual Update – Kelly Konkright 12. Advance Agenda – Mayor Haley INFORMATION ONLY (will not be reported or discussed): 13. Department Monthly Reports 14. Fire Dept Monthly Report COUNCIL COMMENTS CITY MANAGER COMMENTS EXECUTIVE SESSION: \[RCW 42.30.110(1)(g)\] Review Performance of a Public Employee Proposed Motion: I move that Council adjourn into executive session for approximately 60 minutes to review the performance of a public employee, and that no action will be taken upon return to open session. ADJOURNMENT Council Agenda December 12, 2023 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 11/7/202361861-618991,023,844.68 11/8/2023 61900-61927 271,004.32 11/13/2023 61928-61929 (less 61928) 18,398.35 11/13/2023 61930-61956, wires 36335252, 36416688 179,819.42 11/14/2023 61957 23,767.85 11/15/2023 10459-10469 (park refunds) 1,960.00 11/16/2023 61958-61993 269,086.55 11/21/202361994-62027, wire 224465612,966,706.80 11/29/2023 62028-62074 185,534.91 12/4/2023 62075-62080 10,007.78 12/4/2023 62081 39,181.64 12/5/2023 62082-62130, wires 22594476, 22594532, 22626983 3,732,574.20 GRAND TOTAL: $8,721,886.50 Explanation of Fund and Project Numbers found on Voucher Lists #001 - General Fund 001.090.000.560. General Gov’t-Social Services 001.011.000. City Council 001.090.000.594. General Gov’t-Capital Outlay 001.013.000. City Manager 001.090.000.595. General Gov’t-Roads/Streets Capital 001.013.015. Legal 001.016.000. Public Safety Other Funds: 001.016.016. Precinct Shared Expenses 101 – Street Fund 001.018.013. Deputy City Manager 103 – Paths & Trails 001.018.014. Finance 104 – Tourism Facilities 001.018.016 Human Resources 105 – Hotel/Motel Tax 001.018.017. Information Technology 106 – Solid Waste 001.033.000. Facilities Administration 107 – PEG Fund 001.033.033. Facilities – City Hall 108 – Affordable & Supplemental Housing Sales Tax 001.033.034. Facilities – Other 120 – CenterPlace Operating Reserve 001.040.000. Community/Public Works-Administration 121 – Service Level Stabilization Reserve 001.040.041. Engineering 122 – Winter Weather Reserve 001.040.042.558. Economic Development 204 – Debt Service 001.040.042.565. Housing/Homeless Services 301 – REET 1 Capital Projects 001.040.043. Building 302 – REET 2 Capital Projects 001.040.044. Planning 303 – Street Capital Projects 001.076.000. Parks & Rec–Administration 309 – Parks Capital Grants 001.076.300. Parks & Rec-Maintenance 310 – Civic Bldg. Capital Projects 311 – Pavement Preservation 001.076.301. Parks & Rec-Recreation 001.076.302. Parks & Rec- Aquatics 312 – Capital Reserve 001.076.304. Parks & Rec- Senior Center 314 – Railroad Grade Separation Projects 001.076.305. Parks & Rec-CenterPlace 315 – Transportation Impact Fees 001.090.000.511. General Gov’t- Council related 316 – Economic Development Capital Projects 001.090.000.514. General Gov’t-Finance related 402 – Stormwater Management 001.090.000.517. General Gov’t-Employee supply 403 – Aquifer Protection Area 001.090.000.518. General Gov’t- Centralized Serv. 501 – Equipment Rental & Replacement 001.090.000.519. General Gov’t-Other Services 502 – Risk Management 001.090.000.550. General Gov’t-Natural & Eco. 632 – Passthrough Fees & Taxes Project Numbers: 322 - City Hall Repairs 143 - Barker Rd/BNSF Grade Separation 323 - Evergreen Road Preservation Project 205 - Sprague/Barker Intersection Improvement 326 - 2020 Citywide Reflective Post Panels 223 - Pines Rd Underpass @ BNSF & Trent 327 - Sprague Avenue Stormwater 249 - Sullivan & Wellesley Intersection Improv 328 - Sullivan Park Waterline 273 - Barker/I-90 Interchange 329 - Barker Road Imp- City Limits to Appleway 275 - Barker Rd Widening - River to Euclid 330 - WTSC 2021 School Zone Beacons 285 - Indiana Ave Pres - Evergreen to Sullivan 331 - COVID-19 Relief Funds 286 - Broadway Preservation: Havana to Fancher 332 - NE Industrial Area - Sewer Extension 293 - 2018 CSS Citywide Reflective Signal BP 333 - Evergreen Rd Pres Broadway to Mission 294 - Citywide Reflective Post Panels 334 - Sprague Ave Preservation 299 - Argonne Rd Concrete Pavement Indiana to Mont. 335 - Mission Ave over Evergreen Rd Deck Repair 300 - Pines & Mission Intersection Improvement 338 - Loop Trail Project 308 - Regional Decant Facility Canopy 339 - 2022 Local Access Streets: Summerfield E 309 - Local Access Streets: Barker Homes 340 - 8th Ave Sidewalk (Coleman to Park) 311 - Sullivan Rd./SR 290 Interchange Project 341 - Broadway Preservation- Fancher to Park 313 - Barker Road/Union Pacific Crossing 342 - 2022 School Zone Flashing Beacons 314 - Balfour Park Frontage Improvements 343 - Buckeye Avenue Sewer Extension 315 - Brown's Park 2020 Improvements 344 - Park Rd Sidewalk- Broadway to Cataldo 316 - Balfour Park Improvements - Phase 1 345 - Park Rd Sidewalk- Nora to Baldwin 317 - Appleway Stormwater Improvements 346 - Bowdish Sidewalk 12th to 22nd 318 - Wilbur Sidewalk: Boone to Mission 347 - Broadway and Park Intersection th 320 - Sullivan Preservation: Sprague-8 350 – Balfour Facility 321 - Argonne Corridor Improvements- North of Knox 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: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 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 November 15, 2023 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: 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 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 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 November 30, 2023 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: EmployeesCouncilTotal Gross: $ 448,248.50$ 13,050.00 $ 461,298.50 Benefits: $ 247,292.28$ 15,278.39 $ 262,570.67 Total payroll $ 695,540.78$ 28,328.39 $ 723,869.17 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 MINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday, August 22, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. _____________________________________________________________________________________ Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Gloria Mantz, City Services Administrator Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Mike Basinger, Economic Dev. Director Brandi Peetz, Councilmember Tony Beattie, Sr. Deputy City Attorney Ben Wick, Councilmember John Whitehead, Human Resources Director Arne Woodard, Councilmember (via Zoom) Adam Jackson, Engineering Manager Erica Amsden, CIP Engineering Manager Eric Robison, Housing & Homeless Coordinator Others in attendance: Sean Walter, Deputy Police Chief Kelly Konkright, Attorney Sarah Farr, Accounting & Finance Program Manager Virginia Clough, Legislative Policy Coordinator Chad Knodel, IT Manager Marci Patterson, City Clerk INVOCATION: Pastor Jamie Schultz with Sun City Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Patterson called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COUNCILMEMBER REPORTS Councilmember Woodard: said he attended a Spokane Valley Partners meeting at CenterPlace and also th attended the city 20 Anniversary Spokane Indians Baseball Game event. Councilmember Wick: said he attended the FMSIB board meeting, mentioned a grant that East Valley received and would be updating the shop with the funding, and that East Valley students were assisting with moving all the shop equipment. Wick also toured the new police training center. Councilmember Hattenburg: said he also attended the baseball game, thanked all the firefighters in the area that are currently battling all the wildfires and thanked STA (Spokane Transit Authority) for providing free transit for those being displaced by the wildfires. Councilmember Padden: said she attended the Spokane Law and Justice meeting and took a tour of our city th pavement preservation pilot program and also attended the 20 Anniversary baseball game. Councilmember Peetz: spoke about the Staples ribbon cutting event, thanked Staples for the $1000 donation to CVSD for school supplies, assisted SCOPE with evacuation efforts during the wildfires, and attended th the 20 Anniversary baseball game. Council Meeting Minutes, Formal: 08-22-2023 Page 1 of 4 Approved by Council: Deputy Mayor Higgins: said he attended a clean air meeting and spoke about all the debris that would be th left from the fires and what it will take for it to all be cleaned up and he attended the 20Anniversary baseball game. th Mayor Haley reported that she also attended the 20 Anniversary Baseball game. PROCLAMATIONS: n/a GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited comments from the public. Ms. Barb Howard, Spokane Valley \[via zoom\] spoke about spoke about the junk vehicle discussion and questioned when it would return to the agenda and spoke about the homeless individuals in her neighborhood. Ms. Pam Marlow, Spokane Valley neighborhood and that the level of theft in her neighborhood has gotten worse. She noted there was a shooting in her area recently. Mr. Rob Tupper, Spokane Valley spoke about sidewalk snow removal in the main arterial areas, and noted that he wanted to clarify that statement from the previous council meeting. Mr. Dan Wilson, Spokane Valley Spokane about being a 50 year union member and would like to see the city purchase American made products when possible as he feels the city should not rely on other nations for our products. Mr. John Harding, Spokane Valley spoke about public safety, Fire and EMS response times. 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 August 22, 2023, Request for Council Action Form: $9,385,466.05. b. Approval of Payroll for Pay Period Ending August 15, 2023: $666,139.77. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the Consent Agenda. 2. First Reading Ordinance 23-014, Final Action for Condemnation Erica Amsden After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to waive the rules and adopt Ordinance 23-014 related to land acquisition for the Pines Road/BNSF Grade Separation Project. After Ms. Amsden gave a brief synopsis of the purpose of the ordinance Mayor Haley invited public comments. Ms. Misty Staker, Spokane Valley was upset with the process and felt she was not provided with proper notice. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Motion Consideration Bid Award Stormwater Services Contract Adam Jackson It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to finalize and execute a contract with Cameron Reilly, LLC in an amount not to exceed $350,000 for stormwater services. After Mr. Jackson provided a brief background on the project and what the contract would include, Mayor Haley invited public comments. No comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. Motion Consideration: Law Enforcement MOU Chelsie Taylor, Chief Ellis 5. Motion Consideration Habitat for Humanity Grant Agreement Sarah Farr It was moved by Deputy Mayor Higgins and seconded to approve the Grant Agreement with Habitat for Humanity for a $471,728 award and authorize the City Manager or designee to finalize and execute the agreement in substantially the form presented and to carry out the terms of the agreement once executed. Ms. Farr presented a brief summary of the and the Coronavirus State and how the City of Spokane Valley identified using the funds. Mr. Farr also provided details on the grant agreement with Habitat of Humanity and outlined what their Council Meeting Minutes, Formal: 08-22-2023 Page 2 of 4 Approved by Council: portion of the CLFR funds would be for. Mayor Haley invited public comments. No comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 6. Motion Consideration Reclaim Grant Agreement Sarah Farr It was moved by Deputy Mayor Higgins and seconded to approve the Grant Agreement with Reclaim Project Recovery for a $1,460,000 award and authorize the City Manager or designee to finalize and execute the agreement in substantially the form presented and to carry out the terms of the agreement once executed. Ms. Farr presented a brief summary of the and the and how the City of Spokane Valley identified using the funds. Ms. Farr described the grant funding details and summarized what Reclaim does in our local community. Mayor Haley invited public comments. Shawn Kingbury, Reclaim Project Director thanked council for the funding and noted that the group was excited to be part of the community. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. ADMINISTRATIVE REPORTS: 6A. Law Enforcement MOU Chelsie Taylor, Deputy Chief Walter Ms. Taylor provided a review of the current funding and the need to extend the MOU through December 31, 2024. Deputy Chief Walter spoke about the funding for the gang task force and other major crimes. Council discussed areas the funding should be targeted. There was Council consensus to place the MOU on a future agenda for a motion consideration. 7. Spokane County Conservation District Presentation Virginia Clough, Vicki Carter Ms. Clough introduced Spokane County Conservation District Director, Ms. Vicki Carter. Ms. Carter went through a PowerPoint presentation and provided an update on the scale house project as well as other new construction projects at the 50-acre campus. Ms. Carter programs. Ms. Carte ended her presentation with an invitation to the open house the district was hosting at their new location. 8. Recording Fee Program Update Gloria Mantz, Eric Robison Ms. Mantz, City Services Administrator, opened the discussion with a review of the background of the funding and what the current requirements are for the ability to collect and use the funding. The city is required to establish a task force and a five-year plan for the funding. Ms. Mantz noted that staff is working on the requirements for the task force and identifying potential candidates for the task force. Ms. Mantz also provided an unding, defining the metrics and articulating priorities. All of that information is in the current regional plan that is in place until the end of 2024. More information will be gathered and a plan as well as additional follow-up will be provided at a council meeting in the future. 9. Advance Agenda Mayor Haley Councilmember Wick noted there two traumatic events within the East Valley School District in the last week and requested to check in with the superintendent. INFORMATION ONLY The (8) Fire Department Monthly Report, and the (9) Department Monthly Reports were for information only and were not reported or discussed. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman reported that staff is working closely with Peggy Doering, Director of Valleyfest and will th have the last 20 Anniversary event held during Valleyfest. Council Meeting Minutes, Formal: 08-22-2023 Page 3 of 4 Approved by Council: It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:44p.m. ATTEST: ________________________________ Pam Haley, Mayor ____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Formal: 08-22-2023 Page 4 of 4 Approved by Council: MINUTES City of Spokane Valley City Council Study Session Tuesday, August 29, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Tony Beattie, Sr. Deputy City Attorney Brandi Peetz, Councilmember Bill Helbig, Community & PW Director Laura Padden, Councilmember Chelsie Taylor, Finance Director Ben Wick, Councilmember John Bottelli, Parks & Rec Director Arne Woodard, Councilmember Gloria Mantz, City Services Administrator Mike Basinger, Economic Dev. Director Others in attendance: Virginia Clough, Legislative Policy Coordinator Kelly Konkright, Attorney Rob Lochmiller, CIP Engineering Manager Jenny Nickerson, Building Official John Whitehead, Human Resources Director Dave Ellis, Chief of Police Chad Knodel, IT Manager Marci Patterson, Newly Appointed City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. Mayor Haley noted there would be a brief Executive Session added to the end of the meeting. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. No public comment was provided. ACTION ITEMS: 1. Motion Consideration: Opioid Abatement Council -MOU - Tony Beattie, Erik Lamb It was moved by Deputy Mayor Higgins and seconded to approve the MOU establishing the Spokane Regional Opioid Abatement Council and authorize the City manager or designee to finalize and execute the same in substantially the form presented. Mr. Lamb provided a background on the need for the MOU and to be a part of the Spokane Regional Opioid Abatement Council (OAC) in order to receive funding from a statewide settlement. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Motion Consideration: Barker Road/BNSF Change Orders Rob Lochmiller It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to finalize and execute Change Order Numbers 29, 41, and 68 with Max J. Kuney Company in the amount of $88,751.92, $29,014.87, and $20,079.74 respectively. Mr. Lochmiller mentioned the updated spreadsheet showing the change orders and reviewed the specific change orders. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. Council Meeting Minutes, Study Session: 08-29-2023 Page 1 of 3 Approved by Council: 3. Motion Consideration: 2024 Council Budget Goals John Hohman, Chelsie Taylor It was moved by Deputy Mayor Higgins and seconded to approve the 2024 Budget Goals as presented and include the approved goals in the 2024 Budget document. Ms. Taylor provided a review of the budget portion of the goals and that this is the first year that the Business Plan will be incorporated into the budget book. She noted that the financial goals would be relocated to the front of the book and better situated next to the council goals in order to reflect the goals together. Council commented on some of the current budget revenues and expenditures. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 4. East Valley School District Update- Virginia Clough, Superintendent Talbott Ms. Clough introduced Superintendent Talbott and East Valley Executive Director of Business Services Neale Rasmussen. Mr. Talbott provided an update on the trauma that the district has experienced not only in the last week, but over the last year. They have suffered the loss of children and have had a difficult time throughout the entire district. Currently, there has been a high demand for ESD to provide counselors to staff and students. Many of the counselors on staff at the schools are not equipped to handle the capacity of trauma that has happened. Mr. Rasmussen noted that there may be a need to look at an outside agency for assistance due to the nature of the trauma that they are dealing with. 5. Behavioral Health Programs- Virginia Clough, Justin Johnson Ms. Clough introduced Justin Johnson, Director at Spokane County Community Services to provide an overview of the behavioral health programs and priorities in Spokane County. Mr. Johnson spoke about the pilot program for the Student Wellness Program being introduced within some of the local school districts and provided a data summary of the program for the 2022-2023 school year. Mr. Lamb spoke about a potential partnership with Spokane County for the pilot program to be introduced to our East Valley School District. Mr. Lamb noted that if council was interested using the $1 million set aside from the ARPA funds, that he and staff would return with further details on the program and partnership. After a brief discussion about a possible partnership with the County, there was Council consensus that staff proceed with a discussion with the County, with further information coming back at a later meeting. 6. 2023 Budget Estimated Revenues and Expenditures- Chelsie Taylor Ms. Taylor provided a second detailed review of the 2024 budget. Currently, all of the information is a work in progress as she is still reviewing the current revenues and expenditures. Ms. Taylor provided a comprehensive list of the funds and the 2024 appropriations associated with the funds. There will be additional discussions regarding the 2024 budget in the following months as the budget schedule has detailed. 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 did not have any comments to provide for the evening. Executive Session: It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for approximately 15 minutes to discuss potential acquisition of real estate, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:22 p.m. At 7:35p.m. Mayor Haley announced that Council is out of executive session, at which time it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. Council Meeting Minutes, Study Session: 08-29-2023 Page 2 of 3 Approved by Council: ATTEST: ________________________________ Pam Haley, Mayor _____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 08-29-2023 Page 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: SecondReading of Ordinance No. 23-024 establishing an annual vehicle license fee and the allowable uses of such fee for transportation improvements pursuant to RCW 36.73. GOVERNING LEGISLATION: RCW 35A.11.020 – Powers vested in legislative bodies of noncharter and charter code cities; RCW 36.73 – Transportation Benefit Districts; Chapter 3.85 SVMC. PREVIOUS COUNCIL ACTION TAKEN: The Pavement Management Program (PMP) has been discussed at least 74 times by City Council since shortly after the City’s incorporation. Most recently, Council discussed the PMP as part of the following relevant agenda items: April 19, 2022 – Administrative Report on the 2021 Street Sustainability Committee’s (SSC) efforts and next steps to improve the Pavement Management Program (PMP). May 10, 2022 – Administrative Report discussing using the Fund 106 to fund a new open-order contract for 2023 pavement preservation-specific projects. June 14, 2022 – 2023 Budget Workshop including discussion on the PMP and sustainable funding for the PMP, including Street Fund #101. July 12, 2022 – Administrative Report on the prioritization of local access street projects. September 27, 2022 – Administrative Report on the allocation of Capital Reserve Fund #312, identifying $250,000 for a 2023 surface treatment pilot project. December 6, 2022 – Administrative Report on potential funding sources for the Pavement Management Program. January 17, 2023 – Administrative Report on Transportation Benefit Districts as a funding source September 26, 2023 – Administrative Report on formation of Transportation Benefit Districts, including providing drafts of formation documents October 24, 2023 – Council approved Ordinance No. 23-018 forming the Spokane Valley Transportation Benefit District after a properly noticed public hearing November 21, 2023 – Council adopted Ordinance No. 23-022 assuming the Spokane Valley Transportation Benefit District after a properly notice public hearing December 5, 2023 – First reading of Ordinance No. 23-024 adopting a $20 vehicle license fee BACKGROUND: The City’s street network consists of roughly 450 centerline miles of roadway, including 127 centerline miles of arterials/collectors and 323 centerline miles of local access streets. This equates to 1,025 total lane miles in the network covering roughly 9.2 million square yards (SY) of paved surfaces, equivalent to 1,900 acres. Roughly two-thirds of the City streets’ pavement area is attributed to local access streets. The remaining one-third of pavement area is located on arterial or collector streets. The City’s PMP serves two primary functions: Preservation: Multi-year planning and implementation of pavement ‘treatments’ to extend the life of existing paved streets and sustain the pavement condition over time. Page 1 of 4 Maintenance: Annual costs for repairs and upkeep of snowplow operations, traffic signals and signs, streetlights, sidewalks, potholes, crack filling, and roadside maintenance. Overall, to sustain the citywide average Pavement Condition Index (PCI), the City in 2019 estimated it should expend approximately $16 million annually: $10 million for preservation and $6 million for maintenance. Those numbers have been utilized for discussion purposes, though staff believe that 2023 current expenditures are larger due to declining pavement condition, inflation, and increased project delivery costs. Since 2018, the City has reliably provided an annual average recurring allocation of $8 million using the local street wear fee, local funds (e.g. REET), and telephone utility tax and fuel tax revenues. Due to decreasing telephone utility tax revenues, in 2019 the City began providing annual transfers of surplus general fund revenues to Street Fund #101 for street maintenance. Those transfers have increased since 2019 and are approximately $4.6 million in the 2024 budget. Note that these transfers consist of surplus fund balance reserves in the General Fund from prior years. The surplus transfers have been available primarily due to favorable sales tax collections and lower than budgeted staffing in the City’s law enforcement contract. In the event the City does not have available surplus, it would not be able to make such a transfer which would reduce the existing level of service for street maintenance activities. Also, these transfers have been accounted for in the budget as nonrecurring items. If Council decided to make the transfers permanent recurring transfers, the General Fund would no longer have recurring revenues exceeding recurring expenditures based on the 2024 budget. The transfers also result in a reduction of available general funds for other priority purposes, including public safety, significant transportation projects, economic development/tourism and parks projects, and homeless and affordable housing-related services. The remaining necessary funding of the PMP continues to be unfunded and the shortfall results in the City not completing or constructing needed local access street preservation and reconstruction projects. In 2019 and 2020, the City conducted a holistic, third-party review of its PMP. A primary outcome from this effort revolved around conducting public outreach to identify the long-term goal of the PMP and how to financially support that goal. As a result, the Street Sustainability Committee was formed in 2021 to help engage the public while providing detailed insights from a focused stakeholder group. The committee recommended several measures to address a sustainable PMP program. These recommendations generally focused on local streets, working on different and more economical project delivery methods, identifying alternative surface treatment methods, and identifying additional funding sources. Based on the Street Sustainability Committee’s recommendations, the City has taken steps to focus on local streets, identify and implement more economical delivery methods, and to engage in pilot projects for alternative surface treatment methods. Through a series of discussions from 2022 and 2023, City Council identified a desire to fully or adequately fund the PMP and focused on creation of a transportation benefit district as a means to provide additional dedicated transportation funding. As a result of those discussions, on October 24, 2023, City Council approved Ordinance No. 23-018, which adopted chapter 3.85 of the Spokane Valley Municipal Code and formed the Spokane Valley Transportation Benefit District (Spokane Valley TBD). On November 21, 2023, City Council approved Ordinance No. 23-022 assuming the powers of the Spokane Valley TBD. On November 14, 2023, City Council heard an administrative report on funding options for the Spokane Valley TBD. Page 2 of 4 Though there are many options available under RCW 36.73 for TBD funding, Council has focused on two potential options: vehicle license tab fees and sales taxes. The presentation on November 14, 2023, contained extensive information about funding needs for street maintenance purposes and each funding source. A copy of the presentation from November 14 is included with this item for reference. At the November 14, 2023, Council meeting, Council focused on the $20 vehicles license fees as a possible funding option and requested additional information. On December 5, 2023, staff presented additional information regarding vehicle license fees (provided below) and provided draft Ordinance No. 23-024, adopting a $20 annual vehicle license fee to fund certain transportation improvements for City Council consideration. Information regarding the fees is contained below. Vehicle License Tab Fees. • Vehicles license tab fees are administered by the Washington Department of Licensing (DOL). DOL is authorized to collect a fee of up to 1% for its administrative costs. • Staff currently estimate approximately 140,676 registered vehicles within Spokane Valley (based on DOL as of March 2023). • Council may approve a license fee of up to $20 at any time without voter approval - Estimated net revenue for $20 fee: $2,785,385 • After $20 fee has been in effect for at least 24 months, Council may increase the fee to $40. - Estimated net revenue for $40 fee: $5,570,770 • After the $40 fee has been in effect for at least 24 months, Council may increase the fee to $50. - Estimated net revenue for $50 fee: $6,963,462 • Vehicle license fees may exceed $50, but not more than $100, with simple majority voter approval. • Certain vehicles are exempt, including campers, farm vehicles, mopeds, off- road and non-highway vehicles, snowmobiles, and private use single-axle trailers. • Implementation timeline – pursuant to RCW 82.80.140, vehicle license fees imposed pursuant to 36.73.065 may not be collected until six months after approval. Practically, this means that if approved by the end of 2023, the City would not be able to start collecting tab fee revenue until approximately July 1, 2024. Accordingly, these funds would not likely be utilized until late 2024 or early 2025. There would need to be a future 2024 budget amendment to incorporate these fees. Proposed Ordinance 23-024 would (1) authorize and impose a $20 vehicle license fee on qualifying vehicles, (2) restrict use of revenues to transportation improvements as set forth in chapter 3.85 SVMC and State law, (3) authorize collection to begin on July 1, 2024, (4) direct the Finance Director to notify DOL of the vehicle license fee, and (5) automatically incorporate the fees into the Master Fee Schedule. Page 3 of 4 At the December 5, 2023 City Council meeting, Council advanced proposed Ordinance No. 23- 024 to a second reading. OPTIONS: Approve Ordinance No. 23-024 establishing an annual vehicle license fee and the allowable uses of such fee for transportation improvements pursuant to RCW 36.73; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 23-024 establishing an annual vehicle license fee and the allowable uses of such fee for transportation improvements pursuant to RCW 36.73. BUDGET/FINANCIAL IMPACTS: If approved by Council, a $20 tab fee is estimated to generate about $2.8 million in additional City revenues. Any revenues collected under the TBD would be restricted for use on the City’s Pavement Management Program, and a new City Fund #111 would need to be created to account for activity related to the TBD. STAFF CONTACT: Erik Lamb, Deputy City Manager ATTACHMENTS: 1. Draft Ordinance No. 23-024 2. Presentation from November 14, 2023, administrative report on funding options. Page 4 of 4 Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 23-024 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING AN ANNUAL VEHICLE LICENSE FEE; ESTABLISHING THE EFFECTIVE DATE OF FEE COLLECTION; ESTABLISHING SEVERABILITY AND AN EFFECTIVE DATE; AND PROVIDING FOR CERTAIN MATTERS RELATED THERETO. WHEREAS, the City Council (the “City Council” or “Council”) of the City of Spokane Valley, Spokane County, Washington (the “City”) has the responsibility under the Constitution of the State of Washington for the construction, improvement, maintenance, protection and operation of public ways within the corporate limits of the City; and WHEREAS, chapter 36.73 of the Revised Code of Washington (“RCW”) enables cities and counties to create transportation benefit districts to finance and carry out transportation improvements necessitated by economic development and to improve the performance of transportation systems; and WHEREAS, pursuant to Ordinance No. 23-018 passed by the City Council on October 24, 2023, the City created the Spokane Valley Transportation Benefit District (the “TBD”) and adopted a new chapter 3.85 to the Spokane Valley Municipal Code (“SVMC”) governing the same; and WHEREAS, the City Council approved Ordinance No. 23-022 on November 21, 2023, wherein the City Council assumed the rights, powers, functions, and obligations of the TBD; and WHEREAS, RCW 36.73.065 authorizes a transportation benefit district to impose, by majority vote, a twenty dollar ($20.00) annual vehicle license fee as authorized in RCW 82.80.140; and WHEREAS, in accordance with RCW 82.80.140, the new vehicle license fee may not be collected until six months after approval of this action by the City Council; and WHEREAS, the City Council has established by resolution a fee schedule, and established fees may be added to such fee schedule; and WHEREAS, the City Council finds it to be in the best interest of the City to establish an annual vehicle license fee in the amount of twenty dollars ($20.00) for the purpose of preserving, maintaining, operating, constructing, and/or reconstructing transportation facilities in the City in accordance with Ordinance No. 23-018 and chapter 3.85 SVMC; and WHEREAS, it is necessary to create Fund 111 Transportation Benefit District Fund to account for collections and expenditures of vehicle license fee revenues. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Annual Vehicle License Fee Established. An annual vehicle license fee in the amount of twenty dollars ($20.00) is hereby established. Consistent with RCW 36.73.065(4)(a)(i), as written or hereafter amended, the annual license fee shall be collected by the Washington Department of Licensing (“DOL”) on qualifying vehicles as set forth in RCW 82.80.140, as written or hereafter amended. Section 2. Revenue Restrictions. The revenues received from the annual vehicle license fee established in Section 1 of this Ordinance shall only be expended on transportation improvements as 1 Draft provided pursuant to chapter 3.85 SVMC and State law. Section 3. Effective Date of Fee Collection. The annual vehicle license fee authorized in Section 1 of this Ordinance shall take effect for notices mailed in 2024 for vehicle license renewals due on or after July 1, 2024, or as soon thereafter as DOL is reasonably able to incorporate collection of the fee; but in no event shall the vehicle license fee be collected sooner than one hundred and eighty (180) days after approval of this Ordinance, as provided in RCW 82.80.140(4). The vehicle license fee shall cease to be collected upon dissolution of the TBD. Section 4.Creating Fund 111.There is hereby created Fund 111 Transportation Benefit District Fund which will be used to account for collections and expenditures of vehicle license fee revenues. Section 5. Notice to Department of Licensing. The City Council directs the Finance Director to notify DOL of the vehicle license fee established in Section 1 of this Ordinance and to request that DOL take all steps necessary to implement collection of this fee in accordance with RCW 82.80.140. Section 6.Master Fee Schedule. The Master Fee Schedule shall hereby automatically be amended through this action to include the annual vehicle license fee authorized in Section 1 of this Ordinance, effective as of the effective date of this Ordinance. A new “Schedule H – Spokane Valley Annual Vehicle License Fees” shall be added to the Master Fee Schedule without any additional action necessary by City Council with such information necessary to evidence the annual vehicle license fee authorized pursuant to this Ordinance. The City Clerk is authorized to take such action necessary to revise and publish the schedule in the Master Fee Schedule a manner consistent with this Ordinance. Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance, the vehicle license fee established herein, or its application to other persons or circumstances. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this _____ day of _______, 2023. CITY OF SPOKANE VALLEY, WASHINGTON Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2 Draft Date of Publication: ___________________ Effective Date: 3 Funding Options $6,590,920 $3,805,535 $2,785,385 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: Motion Consideration: RFP Allocations for Behavioral Health and Human Trafficking GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35. PREVIOUS COUNCIL ACTION TAKEN: May 31, 2022, Council allocated $1 million of the City’s $16 million from the Coronavirus Local Fiscal Recovery Fund (CLFR) toward mental health and mental health learning support for youth programs. August 29, 2023, staff provided information about behavioral health program options November 14, 2023, Council reached consensus to expand the use of these funds for behavioral health purposes and anti-human trafficking purposes November 21, 2023, Council reached consensus to request a local provider to present at the next council meeting BACKGROUND: On March 11, 2021, the President signed the American Rescue Plan Act (“ARPA”) into law. ARPA provided funding for a variety of purposes, including direct assistance to small businesses, for homeless and affordable housing purposes, and to state and local governments. ARPA established the Coronavirus State and Local Fiscal Recovery Funds (“CLFR”) and allocated $350 billion to these accounts to assist state and local governments in meeting pandemic response needs and rebuilding the economy. The City of Spokane Valley received approximately $16 million in CLFR funding. One of the categories of allowable uses is to replace lost revenue as a result of the pandemic. The United States Treasury has provided a formula and guidance on how to calculate lost revenue. Based on the formula, the City calculated that the CLFR funds received may be used for any governmental service to replace lost revenue. The City has primarily used these funds towards its ongoing law enforcement contract costs. As a result of replacing that money, the City has identified it will have a corresponding amount of general fund revenue available for use by City Council towards other projects or community needs. On May 31, 2022, Council provided direction to allocate $1 million toward mental health and mental health learning support for youth programs. On August 29, 2023, staff provided information about behavioral health program options including a potential partnership with Spokane County Behavioral Health and East Valley School District for the Initiative for Student Wellness program. At this meeting, Council directed staff to continue talks with the County and bring back more information. Following the August 29 meeting, Spokane County’s Board of County Commissioners decided to fully fund the East Valley School District program, so the $1 million in funding designated for mental health/youth mental health programs was still available. On November 14, 2023, Council reached consensus to expand the use of these funds to include behavioral health and anti-human trafficking purposes. Council also directed staff to research non-profits that provide services that focus their efforts to prevent human trafficking. On November 21, staff brought back a list of four providers. Council reached consensus to invite one of the providers to present at the next council meeting as this provider was thought to be the only one that provided these services in Spokane Valley. Page 1 of 2 After the council meeting, other providers reached out to staff and expressed their interest to submit a proposal for consideration for the funds available for human trafficking prevention. Staff released a request for proposals (RFP) on December 4, 2023. As of December 7, 2023, the City has received proposals from two applicants. Each provider will present their request and program at tonight’s council meeting. The applicants, general description of project, and amount requested are as follows: 1. Lutheran Community Services Northwest: July 2024-June 2027 Advocacy and behavioral health services for survivors of human trafficking –$539,606.54 2. The Jonah Project: 2024-2025 Education, advocacy, and emergency relocation efforts for anti- human trafficking efforts and survivors of human trafficking - $534,348.17 Prior to the presentations, Council will be provided with an allocation sheet to complete after the presentations. The award process has been outlined as follows: Council will provide their recommendation on the allocation sheet to staff immediately following applicant presentations. Staff will tabulate the results of the number of votes received by each agency and the average of the seven award recommendations. Agencies that receive four or more votes will receive a calculation of the average of the Council award recommendations. Agencies that receive three or less votes will not receive an average calculation for an award recommendation. In no event will any agency receive an allocation greater than their initial request. Council may choose not to award all the available funds. Total awards cannot exceed $1 million. OPTIONS: Award the funds for behavioral health per the allocation sheet in amount not to exceed $1,000,000 for all awards or take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the allocated funds for behavioral health per the allocation sheet in amount not to exceed $1,000,000 for all awards. BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses. City Council has allocated $1 million for behavior health including anti-human trafficking purposes. This award will reduce the City’s available general funds provided through the revenue replacement process of the American Rescue Plan by $1 million. Contracts resulting from awards made through the RFP process are anticipated to be on a reimbursement basis. STAFF CONTACT: Gloria Mantz, City Services Administrator; Sarah Farr, Accounting and Finance Program Manager. ___________________________________________________________________________ ATTACHMENTS: Lutheran Community Services Northwest proposal The Jonah Project proposal Power Point Presentations Behavioral Health and Human Trafficking RFP Page 2 of 2 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalleywa.gov Email: cityhall@spokanevalleywa.gov CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS Behavioral Health andHumanTrafficking Due Date: 10:00 a.m., December 7,2023 The City of Spokane Valley (the “City”) is seeking to enter into a Grant Agreement with a qualified non- profit entity or entities to provide behavioral health and human trafficking social services to the community. The City has allocated a total of $1 million of grant funds for these purposes. The City will consider all proposals for the social services related to the behavioral health and human trafficking relief efforts and anticipates awarding one or more entities based on the quality of submissions to this Request for Proposals (RFP). The combined amount of all awards will not exceed $1 million. Submission will be accepted by delivery of 14printed copies Thursday December 7, 2023 at 10:00 . General Guidelines: Funding is open to non-profit organizations with a 501(c)(3) or (6) federal tax-exempt status. The applying organization will be required to deliver an in-person presentation of no more than 10 minutes, highlighting their proposal to the Spokane Valley City Council on December 12, 2023, at a City Council meeting beginning at 6 p.m. City Council meetings occur at CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley. All required sections must be completed to be considered for funding. sfarr@spokanevalleywa.govor 509-720-5041. Responses will be evaluated by City Council for award.The City is focused on providing behavioral health This will include The CityCouncilwill consider and evaluate projects with those goals in mind and will considerprocess: Emphasis on human trafficking relief efforts provided to the Spokane Valley community. Focus on entities that have a plan for long-term sustainability once the City’s funding is complete. Focus on projects that will have full funding with receipt of the City’s funding. Emphasis on proposals from entities with a demonstrated record of high success rate. Strong desire for proposals that create new services/projects within Spokane Valley. The City Council retains sole authority to award funding to one, multiple, or no proposals at its discretion. Currently, it is anticipated that City Council will make award decision(s) at its regular City Council meeting on Tuesday, December 12, 2023. prior to the deadline of Thursday December 7, 2023, at 10:00 a.m. ny electronic materials to by 1. Business Statement – Cover page and brief description of organization, mission statement, and primary function. 2. Detailed Project Budget – Propose an award amount that will allow you to fulfill your project, and describe other funding sources, including the status of those funds, that will be utilized in operating your proposed program. Please provide a plan for addressing any remaining budget gaps. If the proposal is flexible on the amount of funds needed, please indicate how to include a specific, alternative plan for consideration. 3. Annual Operational Budget - 4. Project Summary and Scope of Work – Provide a concise summary of your request and what it will accomplish. If it is part of a larger project, you may briefly describe the overall project. Fully describe the scope of the project. 5. – Address the project administration from award date through completion including the team composition and costs for operation and management. 6. – List specific goals and how your organization will measure the successful use of any awarded grant funding. Include the methodology used to determine if goals are met and the specific impact the grant funding would have on the project. Address the type of services that will be provided and how many individuals are expected to be served. 7. Board of Directors - List of organization’s Board of Directors and principal staff. 8. – (Optional) For use during presentation to Council on th December 12. This will include any PowerPoint presentation file which may be submitted on a USB drive or by emailing the presentation to Sarah Farr at sfarr@spokanevalleywa.gov. Entities th must include all presentation items when submitting their original proposal by the December 7 deadline. - Request for Proposals for Behavioral Health and Human Trafficking Grant grant agreement, then the recipient will not receive the grant funds. The City’s proposed grant agreement, with the terms and conditions, will be required for any awarded project. The proposed contract includes standard terms and conditions, including certain federal requirements. Some key contract terms are provided below. Please note that the City expects all submitting entities to consent to the City contract, identified terms and conditions below, including without limitation all federal requirements, and does not anticipate agreeing to any modifications or exceptions. Any proposed exceptions or modifications to the contract terms and conditions provided below must be noted in the responsive submittal. The exception to this is in the drafting of the Scope of Work. The City reserves the right to negotiate and revise any or all contract terms and conditions prior to contract signature. Key contract terms include, but are not limited to, the following: 1. Recipient may not use the grant funds for any purpose other than the agreed upon Scope of Work. 2. Recipient must use the grant funds for secular purposes only, and in compliance with all applicable laws, including but not limited to the Revised Code of Washington, the Washington State Constitution, and the United States Constitution. 3. If any portion of the grant funds are to be used by the recipient to purchase real property, then the recipient must agree to a deed restriction that (a) will be recorded against title and be binding on all future transferees/purchasers, (b) has at least a 15-year duration, and (c) requires the subject real property to be used for the same or similar public purpose for which it was purchased. The particular language of the deed restriction will be negotiated based on the Scope of Work and purpose for which the subject real estate is obtained. As part of the grant agreement, the City typically requires recipients to maintain commercial general liability insurance in the amount of $2,000,000 General Aggregate and per occurrence, automobile right to obtain services through other means. Non- or refrain from proposing. Request for Proposals for Behavioral Health and Human Trafficking Grant ty selected by the City prior to the date of the contract. Non-Endorsement property of the City. Under Washington State law, the documents (including all such items as described in RCW 42.56.010 for submission to the City, subject to mandatory disclosure upon request by any person, unless the mail and electronic mail if the person has provided an e- Request for Proposals for Behavioral Health and Human Trafficking Grant CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:Motion Consideration: Spokane Valley Tourism Promotion Area (TPA) Sports Recruitment and Marketing Services in 2024 GOVERNING LEGISLATION: Chapter 35.101 RCW; SVMC 3.21 PREVIOUS COUNCIL ACTION TAKEN: On September 20, 2022, the City Council adopted Ordinance 22-016, establishing a City- wide TPA, with an effective date of January 1, 2023 for the TPA Commission. On June 6, 2023, the City Council heard a presentation and request from Spokane Sports to use $300,000 in TPA-generated revenue for sports recruitment and marketing services. By consent, the City Council directed staff to bring forward a motion to authorize City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On June 20, 2023, the City Council approved a motion to authorize City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On December 5, 2023, the City Council heard a presentation and request from Spokane Sports to use $400,000 in TPA-generated revenue for sports recruitment and marketing services for 2024. By consensus, the City Council directed staff to bring forward a motion to authorize City Manager or designee to execute a contract with Spokane Sports for $400,000 to provide sports recruitment and marketing services for 2024. BACKGROUND: On May 18, 2023, the TPA Commission discussed a proposal from Spokane Sports to utilize $300,000 in TPA free revenues for sports recruitment and marketing services in 2023. After deliberation and unanimous motion, the Commission recommended the City Council approve the proposal from Spokane Sports. On June 6, 2023, the City Council heard a presentation and request from Spokane Sports to use $300,000 in TPA-generated revenue for sports recruitment and marketing services. By consent, Council directed staff to bring forward a motion to authorize the City Manager or designee to execute a contract with Spokane Sports. On June 20, the Council approved a motion to authorize the City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. The City and Spokane Sports signed an agreement for sports recruitment and marketing services in July 2023. The agreement allows the City and Spokane Sports to enter into up to four annual renewals of this agreement (if agreed upon by both parties), with each renewal defined by a new scope of services and fee for that particular year. Spokane Sports has requested to renew this agreement and utilize $400,000 in TPA fee revenues in 2024 to provide sports recruitment and marketing services. Services would be focused on several marketing components, including support for the City’s legislative services and requests for capital project funding; event scouting; technical research and design, as well as ongoing site visitations for the cross course facility; project management related to event development, bidding and production; establishment and management of grant programs; retention of legacy events and creation of new events; and positioning of the City via participation in industry events and tradeshows; marketing programs in collaboration with 116 & West; lead generation for Spokane Valley hotels; and destination marketing promotion. On November 16, 2023, Spokane Sports presented a proposal to the TPA Commission to use $400,000 in TPA fee revenue in 2024 to support sports recruitment and marketing services. After deliberation, Commissioners unanimously recommended that the City Council approve this request. On December 5, 2023, Spokane Sports provided a presentation and details outlining a proposed Scope of Work and fee of $400,000 for 2024 sports recruitment and marketing services. City Council directed staff to bring forward a motion to authorize City Manager or designee to execute a contract with Spokane Sports for $400,000 to provide sports recruitment and marketing services for 2024. OPTIONS: Motion to authorize City Manager or designee to execute a contract with Spokane Sports for $400,000 to provide sports recruitment and marketing services for 2024, or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve City Manager or designee to execute a contract with Spokane Sports for $400,000 to provide sports recruitment and marketing services for 2024. BUDGET/FINANCIAL IMPACTS: $400,000 for recruitment of sporting events and marketing to promote tourism in Spokane Valley. STAFF CONTACT: Mike Basinger, Economic Development Director ATTACHMENTS: Spokane Sports Recruitment and Marketing services scope and fee. Exhibit A: Date November , 2023 Prepared for Spokane Sports Project Name Sports Tourism Sports Tasks Timeline 1.January-$230,000 Target Staff Travel and efforts:December 2024 RCO Grant Meeting | January 2024 (pending scope of grant) GSI Legislative Fly-in Meeting | January 2024 Research, vetting, planning, and delivery of proposals for funding sources– grants, tax, sponsorship 2.ti Target Staff Travel: 2024 NCAA Regional Cross Country Championships November 2024 | Multiple Sites 2024 NCAA DI Cross Country National Championships November 2024 |Madison, WI 2024 NCAA DII Cross Country National Championships November 2024 |Sacramento, CA 2024 NCAA DIII Cross Country National Championships November 2024| Terre Haute, IN 2024 USA Cycling Cyclocross Championships December 2024 | Louisville, KY Apple Ridge Cross Country Site Visit September 2024 | Yakima, WA 3.- Collaborate with City of Spokane Valley staff and other partners on the following: Concept vetting; user group discussion, sport governing body course requirements, public access and amenities Facility research: best practices for operational models, design/construction process Site evaluation, initial mapping, final mapping, course measurements and certification readiness Development of project timeline for Flora Park 1 Collaborate on site plan and design; to include cross country running course, cyclocross course, club house, crows nest, parking, equipment needs Collaborate on potential funding opportunities and grant applications– research, proposal building, presenting 4. Technical Specialists–Trips to Spokane Planned trips to Spokane to provide technical advice, insight, and product positioning: Jason Drake: Technical Site Visit—Race Director, Decision Influencer January 10-14, 2024 |January 31-February 4, 2024 |December 7-9, 2024 NCAA DI Championship Committee, Mountain West Conference, Fresno State Blake Bolden: Technical Site Visit–Race Director, Decision Influencer December 7-9, 2024 |NCAA DI Championship Committee, USA Track & Field Scott Abbott: Technical Site Visit–Race Director, Decision Influencer, Announcer |January 11-14, 2024 Mike Jay: Technical Site Visit–Race Director, Decision Influencer, Announcer | January 31-February 4, 2024 Athletic Timing: Timing, Seeding, Results, Decision Influencer January 2024 | February 2024 Tara McCarthy: Technical Site Visit–Race Director, Decision Influencer USA Cycling | Date TBD Ramsey Baker: Aggregate Sports–Sponsorships, Naming Rights, Strategic Initiatives | April 2024 5. – Staff Hours to leverage the following elements: Research, vetting, and building event frameworks Event biding, negotiation, contracting Event delivery and production Engagement, informing, and development of concept with key vendors; timing company, live streaming company, merchandise, medical providers, event booking and contract platform staff htc– Grants and : Task Timeline 1. ti January-December $75,000 Development of grant program where regional event organizers can apply for 2024 support. Target Pillars: Promotion: standardized signgage/marketing package 2 Facility: Financial assistance to identify, negotiate, and cover cost of facility to run event Attendee Experience: Financial assistance to enhance attendee experience; athletes, coaches, VIPs, officials 2.Retenti Effort associated with retaining and growing cornerstone events that have a positive economic impact on the city. Ex: Growing PNQ to three weekends of competition; coordinating effort with hotels, facilities, tourism outlets, regional businesses Coordinate master calendar of events in Spokane County to maximize major event hosting 3.ti– Concept development for new events Analysis of market trends Technical event development and management Resource development and allocation Budget scope, vendor procurement Local community access, clubs, schools, clinics staff htc efforts– Tasks Timeline 1.January 2024-$80,000 Hosting Costs Associated with client visits to Spokane:December 2024 Sport Governing Bodies: WIAA, National Federation High School Sports, USA Track & Field Collegiate Conferences: WCC, Big Sky, WAC, Pac 12, GNAC, Northwest Conference, Mountain West Conference National Running Brands: Hoka, Brooks, Nike, Saucony, On Running 2.Industr – Target Staff Travel: 2024 USA Track & Field Annual Meeting November 28-30, 2024|Orlando, FL 2024 USTFCCCA Annual Meeting December 2024|Denver, CO Business of Running Events Conference July 8-10, 2024|Colorado Springs, CO 3.– Independent and collaborate effort with 116 & West: Digital and print presence; focus on earned media 3 Videography; documentary style video of permanent cross course development Photography; destination staff htc efforts– Tasks Timeline January-December $15,000 1. 2024 Promotion of Spokane Valley hotels, restaurants and other tourism-related businesses at sporting events organized by Spokane Sports during agreement period: •Building of hotel database for Spokane Valley properties •Disbursement of hotel leads to Spokane Valley properties for upcoming and prospecting events •Development and distribution of attendee guide that highlights Spokane Valley attributes •Promotion of Spokane Valley during stakeholder projects, tradeshows, conferences, and meetings •Collecting and reporting analytics (as feasible) regarding impacts to Spokane Valley businesses–economic impact calculator, survey data, registration information, event performance staff htc efforts– 00 summary report at the end of the contract period: with the city. events industry during the contract period. An outline of sports events that were NOT directly funded or booked with contractual funds, but indirectly promoted the city and possibly generated revenue for city businesses. 4 the Scope o Work), shall not exceed $400,000. 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 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: Lodging Tax Grant Allocations GOVERNING LEGISLATION: State Law RCW 82.08 and 67.28; Spokane Valley Municipal Code 3.20 PREVIOUS COUNCIL ACTION TAKEN: Thus far in 2023 for the 2024 awards, the Council has had discussions pertaining to lodging tax as follows: July 18, 2023 where we discussed: o Lodging tax in general – what it is and how it may be expended. o The Lodging Tax Advisory Committee (LTAC) – what it is and its role in the process. o The Council’s role in the process. o Council goals and priorities for the LTAC. August 8, 2023, where Council discussed and reached consensus on the goals and priorities that should be included in the lodging tax grant application and communicated to the LTAC. November 14, 2023 where Council heard an administrative report on the LTAC recommended lodging tax grant allocations. BACKGROUND: The City has imposed and levied a total tax of 3.3% on furnishing of lodging that occurs in Spokane Valley. The total tax is made of two portions, a 2% tax and 1.3% tax, and each portion may be used for different purposes. The 2% portion may be used to promote tourism to the City. The 1.3% portion has been further restricted by City Council to be used “solely for capital expenditures for acquiring, constructing, making improvements to or other related capital expenditures for large sporting venues or tourism-related facilities.” The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the Lodging Tax Advisory Committee (LTAC). The LTAC is comprised of five members who are appointed by the City Council. The LTAC membership must include: At least two representatives of businesses that are required to collect the tax, At least two people who are involved in activities that are authorized to be funded by the tax, and One elected city official who serves as chairperson of the LTAC The LTAC makes its recommendations based upon a combination of written application materials and a presentation that is made to them by each applicant. On October 26, 2023, the LTAC met to consider proposals and presentations from applicants seeking a portion of the $1,252,200 appropriated in the City’s 2024 Budget for the 2% portion of lodging taxes in Fund #105, and for amounts from the 1.3% portion of taxes in Fund #104. The requests received for 2024 awards from the 2% portion of the tax totaled $641,360. Presentations for these funds were made by Cody Productions, CNC Productions, Family Guide, JAKT for both Crave and Farmer's Market, Northwest Winterfest, Spokane Conservation District, Spokane Co Fair and Expo Center, Spokane Valley Heritage Museum, Spokane Valley HUB 1 Sports Center, Spokane Valley Summer Theatre, Victory Media, Washington State Quilters - Spokane Chapter, and WinterGlow Spectacular. One application was received from The City of Spokane Valley in partnership with Spokane Sports from the 1.3% tax for a capital project to develop a Cross Country/Cyclocross Course & Clubhouse at Flora Park. Following applicant presentations, the LTAC members briefly discussed both the merits of making particular awards to various applicants and how they felt revenues should be allocated. These recommendations were made in two motions. The first motion included the awards from the 2% lodging tax from Fund #105 as noted in the chart below. The recommended grant funding allocations from the 2% tax totals $458,625. As part of this first motion, the LTAC also recommended transferring $793,575 from Fund #105 to Fund #104. The first motion passed unanimously. The second motion was regarding funding for a new Cross Country/Cyclocross Course & Clubhouse at Flora Park as a capital project from the 1.3% lodging tax in Fund #104. The motion unanimously passed to recommend allocating $4,400,000 to the City of Spokane Valley in partnership with Spokane Sports for this project. At times some organizations apply for funding through both the Outside Agency and the Lodging Tax award processes. The HUB, JAKT, Spokane Valley Heritage Museum, Spokane Valley Summer Theatre, all applied for Lodging Tax Funding for 2024, as well as for 2024 Outside Agency funding. On November 14, 2023, staff provided an administrative report to City Council on the LTAC’s recommended allocations, which were as follows: 2 AmountAmounts ApplicantRequestedRecommended Applicants for 2% Tax: 1)Cody Productions 10,0008,250 2)CNC Productions 10,0007,000 3)Family Guide 15,00012,000 4)JAKT - Crave! 60,00048,750 5)JAKT - Farmer's Market 20,00012,250 6)Northwest Winterfest 45,00036,250 7)Spokane Conservation District 101,86020,750 8)Spokane Co Fair and Expo Center 75,00055,250 9)Spokane Valley Heritage Museum 37,50026,125 10)Spokane Valley HUB 147,000147,000 11) Spokane Valley Summer Theatre 25,00025,000 12) Victory Media 50,00038,750 13)Washington State Quilters - Spokane Chap 25,00017,500 14)WinterGlow Spectacular 20,0003,750 Transfer to Fund #104 (1.3% tax)793,575 641,360 1,252,200 Total Available for Awards in 2024 from 2% Tax1,252,200 Applicants for 1.3% Tax: 1)City of Spokane Valley - Spokane Sports 4,400,000 4,400,000 793,575 Total Available for Awards in 2024 from 1.3% Tax after transfer5,533,478 4,400,000 Fund #104 (1.3% Tax) balance 1,133,478 As occurred with the LTAC, staff recommends City Council consider the allocation in two separate motions – one for use of money in Fund #104 and one for use of money in Fund #105. This allows independent discussion on the use of funds from the two sources. OPTIONS: The options for City Council action have been viewed as primarily being limited to either (1) approving some or all of the listed recipients and amounts recommended by the LTAC or (2) not approving any recipients and having the LTAC revise its recommendation for further City Council action. However, under RCW 67.28.1817, a municipality may propose “a change in the use of revenue received under \[RCW 67.28\],” but must submit the proposal to the LTAC for review and comment. Then, the LTAC must be given at least 45 days to review and provide comments prior to final action by the municipality. This allows the City Council to conduct its own review of the materials submitted, including the minutes and recommended amounts by the LTAC, to come up with its own proposed distribution of the revenue for any of the applicants, which may 3 be the same or different from the LTAC recommendation. If it is different, the City must give the LTAC 45 days to review and provide comments on the proposed revised distribution before taking final action. RECOMMENDED ACTION OR MOTION: Motion #1: I move to make the following allocation of Lodging Tax funds for calendar year 2024 from Fund #105 from the 2% tax: Cody Productions – up to $8,250 CNC Productions– up to $7,000 Family Guide – up to $12,000 JAKT - Crave! – up to $48,750 JAKT - Farmer's Market – up to $12,250 Northwest Winterfest – up to $36,250 Spokane Conservation District – up to $20,750 Spokane Co Fair and Expo Center– up to $55,250 Spokane Valley Heritage Museum – up to $26,125 Spokane Valley HUB Sports Center – up to $147,000 Spokane Valley Summer Theatre - up to $25,000 Victory Media – up to $38,750 Washington State Quilters Spokane Chapter– up to $17,500 WinterGlow Spectacular – up to $3,750 And a transfer of the remainder of actual lodging tax collections in the amount of $793,575 to be moved into the 1.3% Lodging Tax Fund #104. Motion #2: I move to allocate $4,400,000 of Lodging Tax funds from Fund #104 from the 1.3% tax to the design, construction, and other associated costs of the City of Spokane Valley and Spokane Sports Cross Country Course Project as presented in its 2024 lodging tax application. BUDGET/FINANCIAL IMPACTS: The 2024 Budget includes total revenues of $1,590,000 in lodging taxes, including $910,000 from Fund #105 from the 2% tax and $680,000 in Fund #104 from the 1.3% tax. Total expenditures are budgeted at $1,282,200 in Fund #105, including $30,000 to offset advertising at CenterPlace and up to $1,252,200 to be allocated through this award process. The fund balance at the conclusion of 2024 is expected to be about $181,000 in Fund #105, which should be adequate to cover cash flow needs. There are currently no budgeted 2024 expenditures in Fund #104; however, if the Cross-Country course project is awarded, expenditures will be added in a future 2024 budget amendment. If $4,400,000 is awarded from Fund #104, there will be an estimated remaining fund balance of about $1,813,000 in that fund after the transfer of $793,575 from Fund #105. STAFF CONTACT: Sarah Farr, Accounting and Finance Program Manager ATTACHMENTS: Minutes of October 26, 2023, Lodging Tax Advisory Committee meeting. Lodging Tax Application and Award History for the years 2019 through 2023. 4 MINUTES LODGING TAX ADVISORY COMMITTEE MEETING SPECIAL MEETING October 26, 2023 8:00 a.m. CenterPlace Regional Event Center 2426 N Discovery Place _____________________________________________________________________________________ Attendance: Lodging Tax Advisory Committee Members: Staff: Chair: Deputy Mayor Rod Higgins Chelsie Taylor, Finance Director Grant Guinn, Tru by Hilton Tony Beattie, Sr. Deputy City Attorney Kary Gibbs, Spokane County Fair Board Sarah Farr, Accounting & Finance Amanda Alcamo, Oxford Suites Program Manager Justan Kinsel, IT Specialist Marci Patterson, City Clerk ------------------------------------------------------------------------------------------------------------------------------ Chair Deputy Mayor Higgins called the meeting to order at 8:00 a.m. and welcomed everyone, after which there were self-introductions. Deputy City Attorney Beattie introduced himself, and explained that as appointed officials, members of this committee are subject to laws such as those dealing with open government; and he went through his Open Public Government PowerPoint training for Committee members, explaining the various portions of the Public Records Act, and the Open Public Meetings Act. Opening Comments: Accounting and Finance Program Manager Ms. Farr and Finance Director Taylor gave an overview of the contents of the notebook, including the Lodging Tax committee process, City Council goals and Priorities for use of Lodging Tax Revenues and provided instruction on the presentations that were to follow. Public Comment Opportunity: Chair Higgins explained that this is an opportunity for public comment and that comments will be limited to three minutes each. Chair Higgins opened the floor for public comments. No public comments were offered. Chair Higgins called for a recess at approximately 8:45 a.m. The meeting reconvened at 9:00 a.m. Presentations were made in the following order: 1. CNC Productions LLC – Mr. Chris Cody The applicant seeks $10,000 to market the annual RV show. 2. Cody Productions Inc – Mr. Chris Cody The applicant seeks $10,000 to market the Spokane Motorcycle Show and Sale. 3. Family Guide – Ms. Charity Doyl and Mr. Rahul Sharma The applicants seek $15,000 to promote their Diwali & Vegetarian Festival, also known as the Festival of Lights; said the event will likely be held at the Mirabeau, Fairgrounds, or CenterPlace. 4. JAKT-Crave – Mr. Adam Hegsted, and Mr. Rob Holman The applicants seek $60,000 to continue marketing and operations of their event. 5. JAKT – Farmer’s Market – Mr. Adam Hegsted, and Mr. Rob Holman The applicants seek $20,000 to continue marketing and operations of their event. 6. Northwest Winterfest – Mr. Sam Song LTAC Minutes October 26, 2023 Page 1 of 3 The applicants seek $45,000 for the 2024 event, which he explained will continue to be held indoors due to winter weather. 7. Spokane Conservation District – Ms. Vicki Carter and Ms. Brittany Tyler The Spokane Conservation District seeks $163,763 to market and promote the new Quarry Event Center. 8. Spokane County Fair and Expo Center – Ms. Erin Gurtel and Ms. Rachelle Buchanan The Spokane County Fair and Expo Center seeks $75,000 to continue to enhance the fair marketing program and bring in more guests and attractions. 9. Spokane Valley Heritage Museum – Ms. Jayne Singleton & Mr. Tom McArthur The applicants seek $37,500 to assist in their tourism promotion and marketing efforts to include the 2024 rack card, and for additional Smithsonian exhibits. 10. HUB Sports Center – Mr. Phil Champlin The applicant seeks $147,000 to market their 2024 events and promote tourism to the area. 11. Spokane Valley Summer Theatre – Dr. Marnie Rorholm The applicant seeks $25,000 to market the 2024 SVST Season. Chair Higgins called for a recess at 10:30 a.m. The meeting reconvened at 10:45 a.m. 12. Victory Media – Mr. Jesse Johnson & Mary Patterson The applicant seeks $50,000 for their SHOP, EAT, STAY event, which would be a package event to potential tourists, and would include the Spokane Valley Mall, Hampton Inn and Tru by Hilton. 13. Washington State Quilters – Ms. Vicki Trudel and Cheryl Clossin The applicant seeks $25,000 to market and advertise the 2024 Quilt Show in October. 14. WinterGlow Spectacular – Mr. Tom Chamberlain The applicant seeks $25,000 to market and advertise the 2024 holiday light show set up in Orchard Park in the City of Liberty Lake. Finance Director Taylor offered clarification that the prior presentations were for the 2% tax and the following single presentation was for the 1.3% tax. 15. City of Spokane Valley – Mr. Mike Basinger The applicant seeks $4,400,000 in partnership with Spokane Sports to develop the Cross Country/Cyclocross Course & Clubhouse at Flora Park. Lodging Tax Advisory Committee members develop funding recommendations Ms. Farr said once the committee members have completed their individual recommendations, to please hand them to her and she will include all the totals on one spreadsheet. Ms. Farr said that once all figures are included on the spreadsheet, the average is the starting point in the discussion; that committee members are free to discuss this, that they can stay with the average, or negotiate different values for different events; and once completed, she will need a motion on the applicant allocations, followed by a motion for the 1.3% tax request. Lodging Tax Advisory Committee member discussion and award recommendation Members gave their recommendations to Ms. Farr who entered them on the spreadsheet, along with the average for each item. The committee members discussed the allocated amounts. It was then moved by Mr. LTAC Minutes October 26, 2023 Page 2 of 3 Guinn, seconded and unanimously agreed to accept the recommendation of $458,625 and transfer the balance to Fund 104 per the following spreadsheet. The amounts are as follows: Cody Productions: $8,250 CNC Productions: $7,000 Family Guide: $12,000 JAKT-Crave!: $48,750 JAKT-Farmer’s Market : $12,250 Northwest Winterfest: $36,250 Spokane Conservation District: $20,750 Spokane Co Fair & Expo Ctr: $55,250 Spokane Valley Heritage Museum: $26,125 Spokane Valley HUB: $147,000 Spokane Valley Summer Theatre: $25,000 Victory Media $38,750 WA State Quilters: $17,500 WinterGlow Spectacular: $3,750 Concerning the 1.3% tax for capital projects, it was moved by Mr. Guinn, seconded and unanimously agreed to accept the recommendation of $4,400.000 for the Cross Country Course. It was moved by Mr. Guinn, seconded and unanimously agreed to adjourn. The meeting adjourned at 11:55a.m. Respectfully submitted, Marci Patterson, Spokane Valley City Clerk LTAC Minutes October 26, 2023 Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:Motion and Consideration of 2024 Draft Federal Legislative Agenda GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: The 2023 Federal Legislative Agenda was adopted on December 20, 2022 and amended on June 6, 2023 to add the Barker/I-90 Interchange project. The draft 2024 Federal Legislative Agenda was reviewed at the November 14, 2023 City Council meeting. BACKGROUND: Following the November 14 Admin Report, no changes were made to the proposed projects or policy statements on the agenda. On the map shown on the Legislative Agenda, the 2025 funding requests were added and a number was corrected. As mentioned on November 14, project description flyers would be updated and brought back to provide more current information about the capital projects. A project team that included the new Communications Manager, Engineering Manager, Engineering Planning and Grants Manager and Legislative Policy Coordinator met to align the project descriptions with the City’s prior funding requests and update and standardize the look for consistency. The CPW Director and City Services Administrator also participated in the final content review. With the new formatting of the Legislative Agenda, the content carried over to a second page. A sentence, that was not deemed necessary, was removed from the agenda so it would fit on one page. That sentence is shown below: “The City of Spokane Valley’s legislative priorities include four capital infrastructure projects and three policy statements.” The Federal Legislative Agenda and project flyers will be posted on the City’s website and distributed in upcoming meetings with our Congressional delegation. The project flyers now align with our current Congressionally Directed Spending (CDS) requests and may be slightly amended prior to our 2024 DC trip to reflect 2025 CDS or other funding requests. 2024 DRAFT FEDERAL LEGISLATIVE AGENDA The proposed 2024 Federal Legislative Agenda includes the same four capital projects adopted in June of 2023 and three key policy priorities as reviewed in November. CAPITAL PROJECTS The flyers include project descriptions, graphics, cost estimates and funding information. Each flyer includes the challenge, goal and project context for the following projects: Sullivan/Trent Interchange Argonne Road Bridge Improvements at Interstate 90 Barker Road/Interstate 90 Interchange South Barker Road Corridor Projects. POLICY STATEMENTS The following policy statements address the Council’s priorities of housing, substance abuse, public safety, transportation and infrastructure. 1. Policy Consideration #1 – Concern Over the Unhoused and Growing Epidemic of Substance Abuse: The City of Spokane Valley supports immediate passage of legislation to reauthorize the SUPPORT Act and encourages action by the courts to reverse harmful court decisions limiting the City’s ability to regulate its public spaces. The City will advocate for federal programs and funding to advance meaningful outcomes to address homelessness. Additionally, the City will seek to utilize programs and funding from the federal government to increase drug treatment and enforcement programs. The City supports passage of the Halt Fentanyl and Fend Off Fentanyl Acts to address the national fentanyl crisis. 2. Policy Consideration #2 - Eliminate Obstacles to Efficient Implementation of Federal Transportation Projects: The City has encountered obstacles to the timely use of federal funding in the construction of critical transportation projects. The City will work with Washington State’s Congressional representatives and the U.S. Department of Transportation to ensure that coordination between federal agencies does not continue to delay the efficient use of federal transportation funds. 3. Policy Consideration #3 – Continue Federal Infrastructure Partnerships: Given the unprecedented growth and maintenance needs of existing infrastructure within the region, the City encourages Congress to continue federal participation in locally directed projects. The City fully supports its partnership with the Federal Department of Transportation to implement the projects and programs funded through federal grant programs. The City encourages Members of Congress to visit our region and see the extraordinary growth driving these critical infrastructure projects and the City’s wise stewardship of federally awarded funds. OPTIONS: Approve the proposed 2024 Federal Legislative Agenda as presented or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the 2024 Federal Legislative Agenda as presented. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator ATTACHMENTS: Proposed Legislative Agenda, Project Description Flyers (4) 2024 Federal Legislative Agenda 10210 E Sprague Avenue Spokane Valley, WA 99206 Phone: (509) 720-5000 www.SpokaneValleyWA.gov CAPITAL PROJECTS These projects offer practical solutions to improve capacity, mobility and safety on the National Highway System while preserving and hardening Interstate 90. The City is committed to sustaining a national system with thoughtful, local improvements. Sullivan/Trent Interchange Total Cost: $42 Million 2024 CDS Request: $3 Million(Pending) 2025 CDS Request: $5 Million Barker/I-90 Interchange Total Cost: $40 Million (Est.) 2025 CDS Request $4 Million Argonne Bridge at I-90 South Barker Corridor Total Cost: $24 Million (Est.) Total Cost: $41Million 2025 CDS Request: $3 Million 2025 CDS Request $3 Million POLICY STATEMENTS Concern over the Unhoused and Growing Epidemic of Substance Abuse The City of Spokane Valley supports immediate passage of legislation to reauthorize the SUPPORT Act and encourages action by the courts to reverse harmful court decisions limiting the City’s ability to regulate its public spaces. The City will advocate forfederal programs and funding to advance meaningful outcomes to address homelessness. Additionally, the City will seek to utilize programs and funding from the federal government to increase drug treatment and enforcement programs. The City supports the passage of the Halt Fentanyl and Fend Off Fentanyl Acts to address the national fentanyl crisis. Eliminate Obstacles to Efficient Implementation of Federal Transportation Projects The City has encountered obstacles to the timely use of federal funding in the construction of critical transportation projects. The City will work with Washington State’s Congressional representatives and the U.S. Department of Transportation to ensure that coordination between federal agencies does not continue to delay the efficient use of federal transportation funds. Continue Federal Infrastructure Partnerships Given the unprecedented growth and maintenance needs of existing infrastructure within the region, the City encourages Congress to continue federal participation in locally directed projects. The City fully supports its partnership with the Federal Department of Transportation to implement the projects and programs funded through federal grant programs. The City encourages members of Congress to visit our region and see the extraordinary growth driving these critical infrastructure projects and the City’s wise stewardship of federally awarded funds. Dec. 5, 2023 Sullivan/Trent Interchange Project Challenge:The Sullivan Road Bridge over State Route 290 (Trent Avenue) was built in 1960 and is ratedtoday as“structurally deficient, high risk, and in poor condition,” Washington State Department of Transportation’s (WSDOT) lowest rating.Further, the failing interchange creates extensive congestion for one of the region’s busiest freight corridors. Goal:$36.5 milliontoreconstruct the interchangewhileimproving safety and efficiency for all users. ProjectContext:Sullivan Road between I-90 and SR 290 is home to 9,000 jobs, 85% directly related to freight. Large employers, including Spokane Business Park (SBIP), Kaiser Aluminum, Mercer Mass Timber and Amazon, move their goods and employees via Sullivan Road and Bigelow Gulch Road. The Sullivan- Bigelow corridor connects to Spokane’s Northeast Public Development Authority (NEPDA) and WSDOT’s Future US 395 (North Spokane Corridor). Massivefreight and commuter traffic causes chaotic half-mile backups and traffic operations have a Level of Service (LOS) “F” during rush hour, the worst rating. The bridge girders have insufficient clearance and are often struck by trucks traveling on SR 290. BigelowGulch-Sullivan Corridor NEPDA SR 290 Amazon SBIP Mercer Kaiser I-90 Existing –Traffic SignalsProposed –New Roundabouts Project Highlights Funding: $42 MillionEstimated Total Cost Safety: Eliminates dangerous left turns and minimizes fatal/severe angle collisions $4 Million Design (Fully Funded) $1.5 Million Right-of-Way (Fully Funded) Bridge Condition:Restores substandard bridges to promote freight expansion $36.5 Million Construction (Unsecured) Funding Need: $36.5 Million Traffic Capacity: 2030Level of Service (LOS) improves from “F” to “A” Potential RAISE Application FY 2024 Request CDS FY 2025: $5 Million All Users:Newshared use path and sidewalk provides safety andcomfort Secured Funding: $7.6 Million Community:Support for proposed design $1.0 Million in City Funds $6.6 Million in Federal Funds Dec. 5, 2023 Argonne Road Bridge Improvements at Interstate 90 Challenge: The existing two-lane Argonne Road Bridge over Interstate 90 (I-90) is the critical bottleneck moving through Spokane Valley and eastern Spokane County. The bridge is old, undersized, weight- restricted, has insufficient clearance over I-90 and has no pedestrian or bicycle facilities. Goal: Seeking$3 million to finalize the design of the bridge replacement over Interstate 90. Project Context: The Argonne Road Bridge over Interstate 90 is a principal arterial and designated T-1 freight corridor experiencing over 10 million gross tons annually, Washington State Department of Transportation’s (WSDOT) highest rating. The project will reconstruct the existing bridge and add a third lane to improve safety and traffic flow. Anew shared-use path willaddpedestrian andbicycle facilities to improvesafe mobility for all users. Partners By 2026,Spokane Transit Authority (STA), the region’s transit provider, will construct its I-90 regional Park andRide Facility along the southern limits of the interchange. This transit project is fully funded by WSDOT and STA. Together, the Existing City, STA and WSDOT will be Three-Lane responsible for collaborating to Reconstruct Bridge to Remain deliver these companionprojects. Existing Bridgeand Add ThirdLane Estimated Cost (By Phase) In 2022,Spokane Regional Transportation Council (SRTC) awarded $1.2 million to beginproject design. The City requires an additional $3 million to complete design.The City initiated its preliminary design efforts in fall 2023. New STA Park and Ride Transit Facility Design $ 4.2 Million 2026 Construction $24.0 Million Total Estimated Cost: $28.2 Million Dec. 5, 2023 Barker Road/Interstate 90 InterchangeProject Challenge:The Barker Road/Interstate 90 (I-90) Interchange iscriticallyundersized and is approaching its point of failurethat inhibits new development in the City and adjoining jurisdictions. Goal: Seeking $4millionfor the engineering design phase to reconstruct the interchange. ProjectContext:The Barker Road and I-90 interchange is the most important element of this regional corridor. This project will replace the two-lane bridge with a new four-lane bridge and replace the single-lane roundabouts with new two-lane roundabouts. Immense industrial and residential growth spanning Spokane Valley, Spokane County and Liberty Lake has overwhelmed the interchange and the project’s design must start immediately. The interchange operates at a Level of Service (LOS) “E” or “F” during rush hours, which equates to standstill traffic conditions with unstable traffic flow and extensive congestion. The interchange serves over800 acres of industrial propertyand220 acres of homeswithin city limitsalone. Barker Road is a key arterial for vehicles accessing Interstate 90, the east-west Sprague Avenue corridor, and the City’s Northeast Industrial Area. Project Partners Estimated Cost(By Phase) Federal Highway Administration Preliminary Engineering $ 4 Million Washington State Departmentof Transportation Right-of-Way $ 2 Million Spokane County Construction $34 Million Spokane Regional Transportation Council Total Estimated Cost: $40 Million Greater Spokane Valley Chamber of Commerce Replace Three-Lane Potential to Realign Bridge with Four-Lane BooneAve/BarkerRd Bridge Intersection Replace Single-Lane Roundabouts with Two-Lane Roundabouts Potential to Realign Broadway Avenue, East of Barker Road Dec. 5, 2023 South Barker Road Corridor Projects Challenge:Barker Road is bursting at the seams. The corridor is undersized and struggles to provide access to its bustling commercial and industrial districts that have tripled in size in the past five years. Goal:Seeking $3 million to deliverkey projects necessary to accommodate rapid growth and commerce. Project Context:The Barker Road corridor is a key arterial that parallels the eastern boundary of Spokane Valley and intersects with I-90, connecting people and goods to over 800 acres of industrial property and 220 acres of homes. The area is experiencing rapid industrial growth north of the interstate and expanding residential neighborhoods south of the interstate, particularly in Spokane County and east in the City of Liberty Lake. The congestion creates unwarranted safety hazardsanddelays, slows the overall economic growth and dampens the prosperity of our region. Required Project Elements Mission to Boone 1 Reconstruction: Widen to five lanes (Not Started) Barker Road/Interstate 90 Interchange 2 Included on Federal Agenda - See Project Flyer (Costs are not included in the funding status below) I-90 to Appleway 3 Reconstruction: Widen to five lanes (Not Started) Sprague/Barker Roundabout 4 Single lane roundabout (Completed in 2022) Appleway to City Boundary 5 Reconstruction: Widen to three lanes (In Design) th 4/Barker Roundabout 6 Single lane roundabout (In Design) th 8/Barker Roundabout 7 Single lane roundabout (In Design) Partners Funding Status Federal Highway Administration Total Costof Projects $41.1 Million Washington State Departmentof Transportation Completed Projects $ 2.7 Million Spokane County Secured Funds $ 6.7Million Impact Fees $ 3.6 Million Spokane Regional Transportation Council Greater Spokane Valley Chamber of Commerce Total Funds Required $28.1 Million Dec. 5, 2023 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:Motion Consideration: Amended 2024 State Legislative Agenda GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: An admin report was provided to City Council on September 5 and the 2024 State Legislative Agenda was adopted on October 3, 2023. BACKGROUND: The 2024 State Legislative Agenda includes two funding requests (Cross Country Sports Complex and Sullivan/Trent Interchange), a support request for the Performing Arts Center and several policy statements. Since the agenda was adopted, the project description for Sullivan/Trent Interchange project was updated for the Federal Legislative Agenda and the Council is considering and potentially approving a lodging tax fund allocation for the Cross Country Sports Complex on December 12. This document assumes the City Council will approve the Lodging Tax Committee’s recommendation for funding. Additionally, the City is currently modernizing and standardizing its communications, so the font and layout were updated. The result is an improved document with updated funding request descriptions and graphics, more streamlined layout, and a document that fits on one page, double-sided. There were no changes to the support request or policy statements. This document will be shared th with the 4 Legislative District at a special meeting on December 18. OPTIONS: Review and approve the amended 2024 State Legislative Agenda. RECOMMENDED ACTION OR MOTION: Move to approve the proposed 2024 State Legislative Agenda. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator. ATTACHMENTS: Amended 2024 State Legislative Agenda 2024 State Legislative Agenda 10210 E Sprague Avenue Spokane Valley,WA 99206 Phone: (509) 720-5000 www.SpokaneValleyWA.gov FUNDING REQUESTS Cross Country Sports Complex The City of SpokaneValley asks the state to contribute $600,000 to a cross country/cyclocross course that can host events for youth, middle school, high school, collegiate, post-collegiate and master athletes. Cross country would serve as the primary use, and cyclocross, a form of bicycle racing, would be a secondary use. The project is in partnership with Spokane Sports. Located at Flora Park, the over 60-acre course will have the capacity to host premier events, attracting visitors to Spokane Valley and supporting the City’s tourism sector. The greater community will also be served through new programming, clinics, and practice opportunities. The total cost of the project is estimated at $7 million including amenities. The City is contributing $4.4 million in lodging tax funds. City and state funds are anticipated to be sufficient to construct a functioning course. The City isseekingadditional funding sources to complete complimentary amenities. Sullivan/Trent Interchange The City of Spokane Valley requests the state’s partnership in rebuilding the Sullivan/Trent Interchange.The Sullivan Road Bridge over State Route 290 (Trent Avenue) was built in 1960 and is ratedtoday as“structurally deficient, high risk, and in poor condition,”Washington State Department of Transportation’s (WSDOT)lowest rating.Further, the failing interchange creates extensive congestion for one of the region’s busiest freight corridors. Sullivan Road between I-90 and SR 290 is home to 9,000 jobs, 85% directly related to freight.Large employers,including Spokane Business Park, Kaiser Aluminum, Mercer Mass Timber and Amazon, move their goods and employees via Sullivan Road and Bigelow Gulch Road. The Sullivan-Bigelow corridor connects to Spokane’s Northeast Public Development Authorityand WSDOT’s Future US 395 (North Spokane Corridor). Freight and commuter traffic causes chaotic half-mile backups and traffic operations have a Level of Service “F” during rush hour, the worst rating. The City is actively seeking federal funding for this project but will need state assistance in future years. Project design and right-of-way are fully funded. Theconstruction phaseis estimated at $36.5 million. SUPPORT REQUEST Performing Arts Center The City of Spokane Valley supports ongoing efforts by the Idaho Central Spokane Valley Performing Arts Center to utilize state and federal grants to fund a state-of-the art 59,000 square-foot performing arts center housing a 475-seat main stage, 200-seat flexible studio theater, acting conservatoryfor area youth and event and business meeting space. POLICY STATEMENTS Public Safety Public safety is the City Council’s highest priority. The Spokane Valley City Council and its residents support a commonsense and meaningful approach to public safety policies that protect lives and property and do not erode trust in government. Examples include: Enacting increased penalties for the possession of controlled substances, especially fentanyl, and allocate the necessary funding to ensure the policy can be implemented with readily available treatment services and swift and meaningful consequences for those who fail or lack a willingness to complete treatment. Enacting policies and increased penalties to address rising retail theft and property crimes. Encouraging the state to fully fund and support a comprehensive behavioral and mental health system to serve all areas of the state. Ensuring that the state’s policy on possession of controlled substances can be implemented with readily available treatment services and swift and meaningful consequences for those who fail or lack a willingness to complete treatment. Re-establishing a reasonable suspicion standard for when officers engage in vehicular pursuits. Increasing investments in alternative response teams, such as the City’s behavioral health unit and homeless outreach that pair an officer with either a social worker or a mental health professional in a co- responder model. Increasing resources to hire, train, retain, and protect law enforcement officers. Supporting efforts to reduce traffic fatalities at no additional cost to residents, including increased driver’s education. Remove Barriers to the Construction of Housing The City calls on the state to remove barriers to the construction of housing to make it more affordable. These include, but are not limited to: Continuing to revise condominium liability regulations. Evaluating the impact of the state energy and building codes on the cost of construction. Providing tax incentives. Tax Relief The City of Spokane Valley calls on the Legislature to provide relief to Washington’s taxpayers, as has occurred in other states. Local Decision-Making Authority A foundational belief for the Spokane Valley City Council and the citizens they represent is that the most effective level of government is the one closest to the people. As such, the Council urges the Legislature to respect local decision-making. Some examples include management of right-of-way and land use decisions. Protect and Restore Local State-Shared Revenues The City requests that the Legislature protect and enhance local state-shared revenues to allow the City to deliver vital services to its residents. These funds include the Liquor Excise Tax Account, Liquor Board Profits, Municipal Criminal Justice Assistance Account, City-County Assistance Account, and Marijuana Revenues. Growth Management Act Policies The City of Spokane Valley will explore proposals making changes to the Growth Management Act, including making it easier to complete an urban growth area (UGA) swap. The City encourages the state to allocate adequate funding to cities to effectively implement planning directives from the state. Reducing Costs Through Reform Like many in Washington State, the City of Spokane Valley is facing rising project costs amid an influx of state and federal funding and limited contractors. The City supports legislative efforts that aim to reform regulations that are causing project costs to rise, including implementing Disadvantaged Business Enterprise (DBE) goals that take into consideration the availability of DBE’s regionally rather than state-wide. The City supports AWC legislative agenda items that serve the best interests of Spokane Valley. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: Dec 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Motion Consideration – Park Landscape Maintenance Contract Awards GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Contract 16-174 Awarded 12/17/2016; Administrative Report: Parks Maintenance Contract, 11/15/2022; Administrative Report: Parks Maintenance Update, 5/30/2023; Administrative Report: Park Maintenance Contract, 8/8/2023; Administrative Report: Park Maintenance RFP Update, 12/05/2023. BACKGROUND: The City of Spokane Valley offers a diverse range of parks and trails throughout its parks system for use and enjoyment of residents and visitors. As a contract city, Spokane Valley has contracted with Senske Services for most of its Parks System Maintenance needs since 2005. Three successive contracts for Parks Maintenance Services for the City of Spokane Valley have been competitively bid through RFP processes, the first in 2004, the second in 2009, and the third in 2016, and each contract has subsequently been awarded to Senske. The current Parks Maintenance contract, which commenced in 2017, will expire on December st 31, 2023. Over the past 12 months staff held three discussions with Council regarding park maintenance services and how best to structure future Parks Maintenance RFP(s) to be competitively bid for new contracts beginning in 2024. On August 8, 2023, staff outlined two alternatives for future contracted park maintenance: a Single Contractor and a Multiple Contractor model. Ultimately, Council gave consensus for staff to move forward with a Multiple Contractor model that would include separate landscape maintenance contract opportunities for different types of parks (a general park agreement for most parks, a “linear park” agreement for the Appleway and Centennial Trail, and a third “premier park” agreement for some of the cornerstone parks/facilities, such as Balfour, Mirabeau Park and CenterPlace). The new model would also separate out needed park services that are not traditionally provided by landscaping companies, such as janitorial and event services. Finally, the new model would separate out other miscellaneous services such as facility maintenance repairs, graffiti removal, etc. Additionally, due to the potential number of contracts and the need to provide daily “eyes on parks” Council agreed that the multiple contractors model would require two additional FTE’s – a Park Operations and Maintenance Coordinator to manage the contracts and to visit parks daily to ensure work is being performed by each contractor in a timely manner, as well as a Park Maintenance Worker to perform necessary and routine daily maintenance work in the parks. These staff are included in the adopted 2024 Budget. Based on this direction from Council, a Request for Proposals (RFP) for up to three separate Landscape Maintenance contracts – Linear Parks and Roadways; Signature Parks; and Designated Parks – was developed and published on October 9, 2023. th A Pre-Submittal meeting was held on October 18which was attended by multiple individuals representing three different landscaping companies. Ultimately two firms submitted proposals by the November 9 deadline for multiple contracts. Pursuant to the RFP, a staff Evaluation Committee reviewed and scored the proposals for the purpose of forming a recommendation to be presented to Council. The City Council retains the authority to review all proposals and select the proposal or proposals that best meet the needs and interests of the City. Staff provided an Administrative Report to Council on December 5, 2023 outlining the RFP process, the proposals submitted, and the Evaluation Committee’s recommendation, including budget impacts, for Council discussion. A copy of that presentation is attached to this RCA for reference. Staff received consensus from Council on December 5, 2023 to bring back a motion to award the contracts for landscape maintenance services as recommended by the evaluation committee: 1. Landscape Maintenance of Linear Parks to Senske Services with an initial annual amount of $488,450. 2. Landscape Maintenance of Designated Parks to Senske Services with an initial annual amount of $625,800. 3. Landscape Maintenance of Signature Parks to Clearwater Summit Group with an initial annual amount of $669,085. Note that the initial amount for Signature Parks of $669,085 submitted by Clearwater Summit group was based upon a full year of service at Balfour Park. Due to the current anticipated completion date for the Balfour Park Phase I project in the spring of 2024, there will not be a full year of service in 2024 under the awarded contract and the first annual amount for Signature Parks will be lower than that submitted amount of $669,085. An RFP for janitorial and event services to cover the remaining necessary services will be issued in the near future. The two staff authorized by City Council pursuant to the 2024 budget will be hired in early 2024. OPTIONS: Move to (1) award the contract for Landscape Maintenance of Linear Parks to Senske Services, (2) award the contract for Landscape Maintenance of Designated Parks to Senske Services, (3) award the contract for Landscape Maintenance of Signature Parks to Clearwater Summit Group, all such awards with an initial annual amount not to exceed the amounts submitted by each respondent in their proposals dated November 9, 2023, and (4) authorize the City Manager to negotiate, finalize and execute said contracts; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to (1) award the contract for Landscape Maintenance of Linear Parks to Senske Services, (2) award the contract for Landscape Maintenance of Designated Parks to Senske Services, (3) award the contract for Landscape Maintenance of Signature Parks to Clearwater Summit Group, all such awards with an initial annual amount not to exceed the amounts submitted by each respondent in their proposals dated November 9, 2023, and (4) authorize the City Manager to negotiate, finalize and execute said contracts in substantially the form as provided in the RFP for Landscape Maintenance of Parks, Trails, and Open Spaces advertised October 9, 2023. BUDGET/FINANCIAL IMPACTS: The 2023 Parks Maintenance Budget was $972,455. The preliminary 2024 Parks Maintenance Budget includes a 50% increase as a placeholder plus two additional FTEs which are estimated at $219,522. Implementation of the Landscape Maintenance Service contracts as recommended by the evaluation committee and additional Park Maintenance services and associated costs is anticipated to require an increase of $668,752 to the 2024 Parks budget. Finance has indicated that the General Fund can currently support this increase based on estimated 2024 budgeted revenues and expenditures. More detail is shown in the presentation provided to City Council on December 5, 2023, a copy of which is attached to this RCA for reference. STAFF CONTACT: John Bottelli, Parks & Recreation Director ATTACHMENTS: 1. Contract Form – this contract form will be utilized as a base for each of the three contracts; 2. Special Provisions for Linear Parks and Roadway Landscape Maintenance; 3. Special Provisions for Designated Parks Landscape Maintenance; 4. Special Provisions for Signature Parks Landscape Maintenance; 5. Copy of Presentation provided to City Council on December 5, 2023 6. Link to RFP Advertisement, RFP Addenda and Other Notices, RFP Submittal Responses, and RFP Evaluation Committee Score Sheets Attachment D LANDSCAPE MAINTENANCE AGREEMENT \[Applicable Scope of Service\] <Name of Contractor> THIS AGREEMENT(the “Agreement”) is made by and between the City of Spokane Valley, a code city of the State of Washington (“City”) and _______________________________, (“Contractor”) jointly referred to as the “Parties”. IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies and equipment and other items necessary for the \[Applicable Scope of Service\] (hereinafter “Work”) in accordance with the Contract Documentsand shall perform any changes in the work in accordancewith the Contract Documents. The Contract Documents include this Agreement, theSubmittal Response, Addenda, Special Provisions, Insurance Certificates, and the Performance and Payment Bonds which are by this reference incorporated herein and made part hereof (the “Contract Documents”). The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the compensationset forth in the Contractor’s bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for completing the Work and related activities provided for in the Contract Documents (except those items mentioned therein to be furnished by the City) to City’s satisfaction. The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state and federal standards, codes, ordinances, regulations and lawsas now existing or as may be adopted or amended. Contractor acknowledges review of the Contract Documents and accepts the same. 2. Term of Contract. This agreement shall be in full force and effect beginning January 1, 2024, and shall remain in effect for three years, with oneadditional three-yearrenewal option which may be exercised by the City Manager or designee. Renewals, if any, shall coincide with the calendar year. Either Party may terminate this Agreement with a minimum of 90 days’ written notice at any time during a contract term. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Liquidated Damages. See section 4, Compensation, and section 5, Payment for details regarding incomplete or unsatisfactory Work. 4. Compensation. Contractor shall be compensated as follows: (a)The City shall pay the Contractorup to $________ annually inclusive of sales tax, at the then current rate, for as full compensation for all Work as identified in the Contract Documents. Parks Maintenance Agreement 2024Page 1 of 9 Compensation may be adjusted pursuant to the Special Provisions for subsequent contract years or renewals. If Contractor does not provide services hereunder for a full calendar year, then the payment due under this subparagraph shall be prorated. (b)Force account maintenance work. Upon the request of the City for the Contractor to complete specific workoutside the scopeof the lump sum contract, the City shall pay the Contractor on a time and materials basis for all work completed and materials used based on an estimate provided by the Contractorand approved by the City. Force account maintenanceshall not exceed $25,000. 5. Payment. Contractor shall be paid in monthly installments. The Contractor shall submit invoices to the City which document the work performed for the previousmonth. The City shall pay the Contractor within 30 days of receipt of a properly submitted invoice that has been approved by the City, except as described in section 5(a) and 5(b) below. Upon request, the Contractor shall provide further documentation to support the invoice. (a) Pursuant to RCW 60.28 et seq., 5% of the compensation due Contractor shall be retained by City and administered in accordance with applicable Washington law. (b) The 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 Contract Administratorto be incomplete or noncompliant with the Contract Documents,Special Provisions,City standards, City code, or federal or state standards. The amount withheld shall be determined in the reasonable judgment of the Contract Administrator, based on the estimated value of the incomplete or noncompliant work, which was not timely remedied pursuant to section 2.4 of the Special Provisions. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson, City Clerk Name: Phone: (509) 921-1000 Phone: Address: 10210 East Sprague Ave Address: Spokane Valley, WA 99206 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions. A.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 or 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 Parks Maintenance Agreement 2024Page 2 of 9 antitrust statues 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. 9. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries (“L&I”). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I are located at the L&I website address: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates isalso available for viewing at the officesof City located at 10210 East Sprague, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood, agreed,and declared that Contractor 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 Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. As such, the Contractor shall be solely responsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, including, but not limited to, those promulgated under the Washington Industry Safety and Health Act, chapter 49.17 RCW, and Title 296 WAC. Parks Maintenance Agreement 2024Page 3 of 9 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor 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. 12. 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 Contractor’s records with respect to all matters covered in thisAgreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreementfor a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreementare free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor’s other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registeredand bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bondeachin the full amount of the contract on the City’s bond forms, which shall be executed and attached to this Agreement as part of the Contract Documents. 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liabilityinsurance 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 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. The Cityshall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Cityusing 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. Parks Maintenance Agreement 2024Page 4 of 9 3. Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liabilityinsurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liabilityinsurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor’s insurance coverage shall be primary insurance withrespecttoCity. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor’sinsurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer’s cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. D. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractorreturns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shallinclude applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. G. Maintaining Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the Citymay, after giving at least five business days’ notice to Contractor to correct the breach, immediately terminate the Agreementor, at its discretion, procure or renew such insurance and pay any and all premiums in Parks Maintenance Agreement 2024Page 5 of 9 connection therewith, with any sums so expended to be repaid to the Cityon demand, or at the sole discretion of the City, offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City 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. 17. Criminal Background Checks. Contractor agrees that it shall not ask or direct any person to go to any City Parkproperty in the performance of this Agreement, whether the person is an employee or volunteer, unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes 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. 19. 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. 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 timeany 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. 20. 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 first obtaining the written consent of the other party. 21. Confidentiality. Contractormay, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 22. Disputes. All disputes arising under or related to this Agreementthat cannot be resolved through informal discussion and negotiations shall be resolved by litigation filedin the Superior Courtof the State Parks Maintenance Agreement 2024Page 6 of 9 of Washington for Spokane County, unless otherwise required by applicable federal or state law. 23. Subcontractor Responsibility. 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 shallbe included in every subcontract of every tier. 24. Jurisdiction and Venue.This Agreementis entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedesany prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties. 26. Anti-kickback. No officer or employee ofCity, 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 fromany person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractorshall register with the City as a business. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor 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. B. Non-discrimination. Contractor, 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. Contractor 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 Contractor 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 Contractor of Contractor’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor 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 Parks Maintenance Agreement 2024Page 7 of 9 or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any informationrequired of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor 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 Contractor'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 Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor 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. Contractor 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor 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 Contractor 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; and 49 Part 26; 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 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 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 Parks Maintenance Agreement 2024Page 8 of 9 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.). 29. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by acourt of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase ofthis Agreement. 30. Attachments. Attachments and Exhibitsincorporated into this Agreement are: Contract Documents The Parties have executed this Agreement this day of __________, 2023. CITY OF SPOKANE VALLEY: Contractor: John Hohman, CityManager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Marci Patterson, City Clerk Office of the City Attorney Parks Maintenance Agreement 2024Page 9 of 9 SPECIAL PROVISIONS FOR LINEAR PARKS & ROADWAY LANDSCAPE MAINTENANCE 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®­³± ¢³ ¬ ­ ¦¤¬¤­³ ¯±®µ¨²¨®­² andrequirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for the complete maintenance of specified linear parks, open space, and paved trails including the Centennial Trail and Appleway Trail, and associated trailhead parking lots, walkways and other facilities operated by the Parks and Recreation Department, which includes the City Gateway at the intersection of E. Appleway Blvd and Thierman Road. General expectationsof these servicesinclude: mowing trimming edging spraying for pests and weeds aerating fertilizing pressurized irrigation maintenance and repair litter control tree/shrub pruning and maintenance raking sweeping pressure washing maintenance of picnic benches and trash receptacles snow removal of parking lots and walkways The City is also soliciting bids with this same contract for roadway landscape maintenance of irrigated stormwater drainage areas, open space, medians, rights-of-way, and other grassy facilities operated by the Public Works Department and generally supportingthe City’s roadway system. General expectations of these services include: mowing trimming edging spraying for pests and weeds aerating fertilizing pressurized irrigation maintenance and repair litter control tree/shrub pruning and maintenance raking swale inspections City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract.The work description above isnot all inclusive but is representative of a comprehensive landscape service and maintenance contract. This contract does not include janitorial services for park restrooms and park reservations. 1.2 OBJECTIVE The objective of this linear parks and roadway landscaping contract is to provide consistently well- maintained spaces that are clean, healthy, and safe. The City is seeking a high-quality contractor that is responsive, reliable, and provides superior service. 1.3 GENERAL INFORMATION These Special Provisions focus on maintenance of the paved Centennial Trail and Appleway Trail, their associated amenities (benches, parking lots, trail crossings, etc.), as well as irrigated rights of way and road frontages within the City. The Centennial Trail is a 40-mile paved trail that runs from the Idaho State Line to Nine Mile Falls, Washington. The City maintains approximately 6.85 miles of the Centennial Trail within the City’s municipal boundaries through an Inter-Agency Agreement with Washington State Parks and three other jurisdictions. The Appleway Trail is approximately 6.4 miles long, beginning at NorthFarr Road on the west end, then running easterly along Appleway Avenue, and continuing eastward through theformer Milwaukee Railroad Right- of-Way to the westerly boundary of the City of Liberty Lake. Both trails include various paved and gravel parking lots, trail access points, improved turf and landscaping areas, and related pathways, sidewalks, and plazas. The various irrigated rights of way and roadway landscape areas comprise approximately 14 acres of additional irrigated turf. 1.4 CONTRACT TYPE This Contractis a lump sum fixed fee, purchased service-type Contract.Prevailing wagesare required to be paid to the Contractor’s employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. Contractor to Provide Performance and Payment Bonds. The contractor shall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5 MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ with our citizenry. 2. Firms must have sufficientequipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge ofand compliance withfederal, state, and local laws and regulations including but not limited to pesticide applications,licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel for the linear park facilities and by Public Works Department personnel for the roadway landscape facilities following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1 Subcontractors The Contractor shall neithersubcontract nor assign any obligation or interest in this agreement without theprior written approval of the City. All subcontracted work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contract includes these parts: The Linnear Parks and Roadway Landscape Maintenance Agreement, Submittal Response, Addenda, these Special Provisions, Insurance Certificates, and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 1.9 CONTRACT TERM The contractshall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days’ written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10COMPENSATION Thelumpsumfixedpriceitemsincludeallsupplies,labor,material,components,equipment, insurance and bondcosts, and appurtenances necessary tocomplete theserviceswhichshall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractorreaffirmsmeeting all requiredqualifications and will remain qualifiedthroughout the duration ofthe Contractand subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shallimmediately informtheAdministratorof thechange in qualification status. The Contractor shall also supply in writing to theAdministrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractoracknowledges visiting theworkareasandbecoming fullyacquaintedwith site conditions to understandthe facilities,difficulties, and restrictionsattending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the sites and get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her original proposedbidor to this contract. 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreedin writing,theContractor is expectedtoprovide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 1.13.1 Support Facilities TheCitywillnotprovideequipmentstorage,shopfacilities,workspace,oroffice spaceaspart of this contract. The Contractor willbe responsible for providing allsupportfacilities at theirown location(s).The Contractorshallfurnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 EquipmentIdentification All vehicles used by the Contractormust beclearly identifiedwith the name of the company. 1.14VERIFICATION OFCOMPLIANCE Non-compliancewithany applicablelaw, rule, permit requirement,or regulationrelatedto this work shall be reported to the City immediately. The City may requirethat theContractor provide a reportof the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor andshall be disposed of in amanner consistent with federal, state,and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make,at any time during thecontract term, such changesin quantities and such alterations in these Special Provisionsas are necessary to satisfactorily complete themaintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance andPayment Bond, andthe Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: Deleting any part of the maintenance work Increasing or decreasing quantities Altering Special Provisions Altering the way the maintenance work is to be done Adding new maintenance work Altering facilities, equipment, materials, services, or sites, provided by the Contracting Agency City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ Ordering the Contractorto speed up or delay the maintenance work Anychange that affectstheoverallContracteffortand amount of maintenance workto be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation ofany change unless orderedby the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ th The contractor shall use rates effective November 7, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewalcontractexecution. No payment will be made until the Contractor has submitted a “Statement of Intent to Pay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection The City will periodicallyinspect the work andcondition of facilities under the care of the Contractor. If the Contractor’s work or conditions at the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond tomeet the standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ madewhole withinthe time specified,the Administratorreservestherightto withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City the referenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by March 1 (or fourweeks prior to spring operations) Periodic reports – with each invoice Annual report –annually by November 15 Contractor reports shall distinguish between the two unique schedules of work included in this contract: linear parks and roadway landscaping. 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be madeafterreview, approval, andauthorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth abreakdown of work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices shall distinguish between two unique work schedules: Roadway Landscaping and Linear Parks. Invoices for work in the roadway landscaping facilities may besubmitted monthly for 9 equal amountsfrom Aprilthrough November. Invoices for work in the linear park facilities may be submitted monthly for 12 equal amounts from Januarythrough December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request anadjustment of the lump sum fixedfee annually, and at renewal, and no later than November 1st for thefollowing calendar year. Such prices shall be negotiated by the City and Contractor and shall notbe increased or decreased bymorethan the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. If the City chooses to exercise the option years, the Contractor must update andpayprevailing wagesto the mostrecently published and effectiveWashington State Department of Labor& Industries rates for the next contract optionterm. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 2 GENERAL SPECIFICATIONS This Chapterdiscusses generalitems on Contractor andCity conductinexecuting the work. 2.1 WORK PLAN 2.1.1Annual Work Plan The Contractor shall submit an annual work planto theCity in accordance with Section 1.18.2 – Contractor Reports. The plan communicates who,when,and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during theyearmay benecessaryandthe Contractor is to workwith Citystaff on any necessary revisions. The Annual Work Plan should indicate such things as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. General schedules for typical, weekly routine work, for example: o mowing Sprague (areas 1420 and 1430) on Mondays o watering Mission (area 1460) on Tuesday and Friday o mowing City Gateway (area CG-1) on Mondays o irrigated system inspections <by location, zone, week> Specific schedule for other task work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Seasonal Irrigation/Sprinkler System Adjustments<spring, summer, fall> o Startup and Winterization <application timeframe, i.e. month, week(s)> o Backflow testing <application timeframe> What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) Self-inspectionplan and reporting Employee uniform example 2.1.2WeeklyWork Plans If different from the Annual Work Plan, theContractor shall submit an email to City designated staff and identify weeklyworkplans indicatingwhere the Contractor willbe working and what activities will be performed. It may be sent up to one day in advance for the next work period. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 2.2 CONTRACTOR’S EMPLOYEES 2.2.1Licenses Contractorand staff whoare supplying servicesunder this agreement shall at all times possess and carry a valid driver’s license issued bythe State of Washington andhave all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utilityfacilities, adjacent property, trees,shrubbery, andmotorvehicles.In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code underpermits issued bythe City. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaints and deficiencies, with regardstothis Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone,email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractorhascorrected thelisteddeficiencies,the Contractor shall notify the designated City staffandrequest inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 2.4.2Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement.. 2.5 INSPECTIONS & REPORTING Contractor reports shall distinguish between the two unique schedules of work included in this contract: linear parks and roadway landscaping. Either a singular report or two separate reports is acceptable. 2.5.1 City Inspections The City will periodically inspect the conditionof each area depicted in these Special Provisions. The conditions shall be measured based on theseSpecial Provisions and City staff judgment. 2.5.2Periodic Reporting The Contractor shall provide self-inspections and/orrecords ofwork it performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual reportby November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing landscaping deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7 PARK MAINTENANCE SCHEDULE The park use season is January 1 – December 31 (year-round). Active growing season shall be considered March 1 – November 15. This may vary depending on weather/use. During the active City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ growing season, linear parksand trailsmay require a maintenance presence up to sevendaysper week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between the hours of 6:00AM and 5:00PM. The Contractor shall work around public use and always be courteous and respectful to park visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public thth use from 6:00AM – 9:00PM, April 15through October 15and from 6:00AM to 7:00PM, thth October 16 through April 14. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3 WORK SPECIFICATIONS – STANDARD MAINTENANCE IRRIGATED AREAS This Chapterdescribes thework to be performed in irrigated areas including standards, schedule,quantity,and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1 General Requirements Mowing, trimming, and edging of all irrigated turf (roadway landscaping sites, linear park trailheads and improved trail crossings and City Gateway) is expected to occur weekly. Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc., that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1– November 15 of each year. The estimated number of mowing cycles is approximately 32 cycles. Mowing of each area shall be completed on the same day that mowing begins. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 3.1.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming, Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. Grass clippings shall be blown from sidewalks, trails, and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs forturf, grass, trees, sprinklers, private property, and anything else that may be damaged during mowing, trimming or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter / Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts, paper, cardboard, rocks, any plastic, rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 3.1.8 Measurement& Location Measurement for mowing, trimming, and edging shall beincluded inLump Sum for “Mowing, Trimming, and Edging and Standard Irrigation Maintenance” as applicable to Roadway Landscape Facilities and Linear Park Facilities. Approximate turf area for roadway landscape facilities is 559,770square feet. The approximate turf area for irrigated linear park facilities is 42,754 square feet. See maps and tables in the Appendices for more details. 3.1.9 Payment Payment for mowing, trimming, and edging shall be included in thelump sum Contract price for “Mowing, Trimming, and Edging and Standard Irrigation Maintenance” (separately) for Roadway Landscape Facilities and Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standardmaintenance and repair of all irrigation/sprinkler systems under this contract. Thisincludes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the following Roadway and Stormwater Landscaping zones as shown in Appendix A:zones1310, 1340, 1410, 1420, 1430, 1480, 1490, 1570, and 1580;and the Linear Park location shown in Appendix F: CG-1 (City Gateway). Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ Irrigating water on concrete, pavement, and unimproved areas shall be minimized. Standard maintenance is considered operationalmaintenance on all elements of the system not requiring special equipment, labor, or parts. Maintenance not covered under this section will be covered under Section 7, “Force Account Maintenance – Irrigated Areas”. This determination will be made by the City. 3.2.2Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice, provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” (separately) for Roadway Landscape Facilities and Linear Park Facilitiesand shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1General Requirements Aeration of the bottoms of bio-infiltration, roadside swale facilities, and irrigated trailhead or trail crossing facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with ½-inch diameter core, 3 ½-inches deep, and the frequency of cores shall be 6-inches or less apart. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 3.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration of trailhead and trail crossing facilities shall be performed twice per year, once in the spring as soon as conditions permit and again in the fall after th August 15. Aeration of Roadway Landscape Facilities shall be performed once per year and must coincide with either the spring or fall aeration schedule described above. The contractor shall notify the City one week prior to performing the work. 3.3.2 Measurement Measurement shall be Lump Sum for “Core Aeration” as applicable to Roadway Landscape Facilities and Linear Park Facilities. Approximate area of roadway landscape facilities is 279,663 square feet. Approximate area of linear park facilities is 42,754 square feet. See maps and tables in the Appendices for more details. 3.3.3 Payment Payment shall be lump sum Contract price for “Core Aeration” (separately) for Roadway Landscape Facilities and Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4 FERTILIZING 3.4.1General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per st year, once in the spring, before June 1, once in the summer, and once in the fall, after st September 1. Applications shall be at optimal times and shall be outlined in the contractor’s annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if,when and how chemically sensitive individuals were notified pursuant to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.4.3 Approved Fertilizer Where allowed by state law per RCW 15.54.200(2)(a) and (b): o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 Other fertilizers outside the recommended ratio can/shall be submitted to the City for approval based on soil analysis by a lab selected by contractor and approved by owner. 3.4.4Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for “Fertilizer” as applicable to Roadway Landscape Facilities and Linear Parks Facilities. The approximate turf area of roadway landscape facilities is 559,770 square feet. The approximate area of the irrigated City Gateway and linear park trailheads and trail crossing facilities is 42,754 square feet. 3.4.6 Payment Payment shall be lump sum Contract price for “Fertilization” (separately) for Roadway Landscape Facilities and Irrigated Linear Park Facilitiesand shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf, trees, shrubs, and approved plantings will occur to maintain City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ a healthy, green, and attractive landscape. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed four times per year, applied uniformly throughout the appropriate season, except for the Roadway Landscape zones specified herein, which are to receive only two applications per year: zones 1270, 1280, 1330, 1350, 1360, 1365, 1370, 1460, 1470, 1540, 1590, and 2570. Specific application timeframes shall be identified in the Annual Work Plan. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 3.5.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 3.5.5Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying” as applicable to Roadway Landscape Facilities and Irrigated Linear Park Facilities. 3.5.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying” (separately) for Roadway Landscape Facilities and Irrigated Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.6 TREE AND SHRUB TRIMMING AND MAINTENANCE 3.6.1General Requirements Tree and shrub maintenance is on an “as needed basis”. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed/replaced as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be correctedimmediately or reported to the City.Contractor shall make an ISA Certified Arborist available as needed. 3.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least once per year in the spring. 3.6.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance” as applicable to Roadway Landscape Facilities and Irrigated Linear Park Facilities.The approximate number of trees and shrubs in roadway landscape facilities is listed in Chapter City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 8 –Appendix B.The approximate number of trees and shrubs in irrigated City Gateway, Linear Park trailheads and trail crossing facilities is listed in Chapter 8 –Appendix F and Appendix D. 3.6.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” (separately) for Roadway LandscapeFacilities and Irrigated Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1General Requirements Organic/Inorganic groundcover in linear park trailheads and trail crossing facilities shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Ground cover deficiencies shall be corrected no less than three times per year. Landscaping beds shall be weeded no less than three times per year. City Gateway shall be planted with annuals in the spring and kept weed free throughout the growing season. 3.7.3Measurement Measurement shall be Lump Sum for “Landscape Bed Maintenance.” The approximate area of the irrigated City Gateway, linear park trailheads and trail crossing facilities is 28,353 square feet. 3.7.4Payment Payment shall be lump sum Contract price for “Landscape Bed Maintenance” and shall be paid for furnishing all tools, labor, equipment, andmaterials required. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 4 WORK SPECIFICATIONS – STANDARD MAINTENANCE UNIMPROVED AREAS This Chapterdescribes thework to be ¯¤±¥®±¬¤£ ¨­ ³§¤ &®±¬¤± -¨«¶ ´ª¤¤ 2 ¨«±® £ Right-of-7 ¸ ¶§¨¢§ ¢®­³ ¨­² ³§¤ !¯¯«¤¶ ¸ 4± ¨«  ­£ ¨­ ³§¤ -¸±³«¤ 0®¨­³ . ³´± « !±¤  ¶§¨¢§ ¢®­³ ¨­²   ¯®±³¨®­ ®¥ ³§¤ 3¯®ª ­¤ 2¨µ¤± #¤­³¤­­¨ « 4± ¨«,  ² ¶¤««  ² ³§¤ ­ ³´± «  ±¤ ² ²´±±®´­£¨­¦ ³§¤ Ι #¤­³¤­­¨ « 4± ¨« 4± ¨«§¤ £²  ­£ 4± ¨« !¢¢¤²² 0®¨­³² ¨­ ³§¤ City, including standards, schedule, quantity, and location. 4.1NOXIOUS WEED CONTROLAND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds along the Appleway Trail and throughout the unimproved areas of the Former Milwaukee Railroad Right-of-Way. Additionally, the Contractor shall control noxious weeds along the Centennial and throughout the City- owned Myrtle Point Natural Area and the natural areas surrounding the 6 Centennial Trail trailheads / trail access points within the City. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. 4.1.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf . Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 4.1.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 4.1.5Measurement Measurement shall be lump sum for “Noxious Weed Control and Chemical Spraying – Unimproved Linear Park Facilities.” The approximate areas of the unimproved Former Milwaukee Railroad Right-of-Way and the Myrtle Point Natural Area, both of which may contain noxious weeds, are shown in Appendices D and E. 4.1.6Payment Payment shall be lump sum Contract price for “Noxious Weed Control and Chemical Spraying” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.2 LITTER CONTROL 4.2.1General Requirements Litter includes paper, cardboard, plastic, rubber or metal, foreign objects, wood, cloth, etc. Large or otherwise visible accumulations, such as multiple items of litter in the same location, dumped mattress or appliance, large accumulation of trash or debris, etc. shall be City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ removed as soon as possibleafter being reported or noticed by contractor. 4.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly.There is a general expectation that litter will always be picked up incidental to other work. 4.2.3Measurement Measurement shall be lump sum for “Litter Control – Unimproved Linear Park Facilities.” The approximate areas of the unimproved Former Milwaukee Railroad Right-of-Way and the Myrtle Point Natural Area, are shown in Appendices D and E. 4.2.4Payment Payment shall be lump sum Contract price for “Litter Control – Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and materials required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING 4.3.1General Requirements Mowing and trimming of ground vegetation in the unimproved (un-irrigated) Former Milwaukee Railroad Right-of-Way along the Appleway Trail and the city-owned parcel between Mirabeau Parkway and the Centennial Trail shall be at a height of 4-6 inches and growth shall not exceed 10 inchesbetween mowing and trimming intervals. Due to uneven surfaces and natural obstructions in these areas a variety of equipment such as flail mowers and hand trimmers may be required. 4.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The entire Appleway Trail corridor from University Rd to the Liberty Lake City Limits is expected to be mowed until growth ceases in the summer. The estimated number of mows is 6-8 occurrences . 4.3.3Measurement Measurement shall be lump sum for “Mowing and Trimming – Unimproved Linear Park City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ Facilities.” The approximate area of the unimproved Former Milwaukee Railroad Right- of-Wayis 30.65 acres and theCity-owned parcel between Mirabeau Parkway and the Centennial Trail (parcel 45101.9068) is 1.11 acres. 4.3.4Payment Payment shall be lump sum Contract price for “Mowing and Trimming – Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.4 TREE AND SHRUB TRIMMING AND MAINTENANCE 4.4.1General Requirements Tree and shrub maintenance in the unimproved areas of the Former Milwaukee Trail Right- of-Way (Appleway Trail Corridor) is on an “as needed basis”. Trees and shrubs that are encroaching on trails or diseased, dead/dying shall be trimmed or removed as appropriate. City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the City.Contractor shall make an ISA Certified Arborist available as needed. 4.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least once per year in the spring. 4.4.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance– Unimproved Linear Park Facilities.” The approximate number of trees and shrubs in the unimproved areas of the Former Milwaukee Railroad Right-of-Way (Appleway Trail Corridor) are shown in Appendices D and E. 4.4.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance – Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 5 WORK SPECIFICATIONS – PAVED TRAILS, TRAIL CROSSINGS, AND TRAILHEAD PARKING LOT MAINTENANCE This Chapter describes the work tobe ¯¤±¥®±¬¤£ ®­ ³§¤ ¯®±³¨®­ ®¥ ³§¤ #¤­³¤­­¨ « 4± ¨« ³§ ³ ±´­² ³§±®´¦§ ³§¤ #¨³¸ ®¥ 3¯®ª ­¤ 6 ««¤¸  ² ¶¤««  ² ³§¤ !¯¯«¤¶ ¸ 4± ¨«, including standards, schedule, quantity, and location. 5.1 SWEEPING 5.1.1General Requirements Unless otherwise noted, hard surfaces including parking lots, pathways, sidewalks and paved trail surfaces shall be swept, vacuumed or blown off as needed to maintain a clean appearance. Parking lots shall be swept each spring to remove all sand, leaves, pinecones, and other debris accumulated over the winter. The Contractor shall sweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved trail and pathway surfaces shall be swept at least four times per year. However, due to storms, etc. hard surfaces may require additional sweeping, which shall be the responsibility of the contractor. 5.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Paved parking lots shall be swept a minimum of two times per year and paved trails and pathways shall be swept a minimum of four times per year. 5.1.3Measurement Measurement shall be Lump Sum for “Sweeping – Paved Trails.” The approximate areas (sq feet) of paved trails, pathways, sidewalks and parking lots associated with the Appleway and Centennial Trail is listed in Appendices D and E. 5.1.4Payment Payment shall be lump sum Contract price for “Sweeping – Paved Trails” and shall be paid City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ for furnishing all tools, labor, equipment, and materials required. 5.2 VEGETATION CONTROL 5.2.1General Requirements Appleway Trail and Centennial Trail shoulders shallbe mowed, trimmed,or sprayed as needed to eradicate weeds, and remove vegetation for a minimum of two feet on each side of the Trail and associated public trail spur connections. Vegetation shall be cut back further if necessary to maintain line-of-sight for safety on curves. Overhanging tree limbs shall be cut to maintain a minimum clearance of 10 feet. Hazardous trees shall be removed pursuant to ISA standards. 5.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Generally vegetation control needs are more intensive along the Centennial Trail corridor. Trimmingof weeds and grasses, brush control, and tree limb clearing shall occur a minimum of three times per year. 5.2.3Measurement Measurement shall be Lump Sum for “Vegetation Control – Paved Trails.” The approximate length (miles) of the Appleway and Centennial Trails is shown in Appendices D & E. 5.2.4Payment Payment shall be lump sum Contract price for “Vegetation Control – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, andmaterials required. Hazardous tree removalmay be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.3 GARBAGE REMOVAL 5.3.1General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containers and doggie pot stations along the Appleway and Centennial Trails. Trash containers, as noted in Appendices D & E are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for fourdays. All containers shallbe lined with a plastic linerand all doggie pot stations shall be replenished with compatible waste bags. Vehicle access to cans may be limited in some locations.All costs associated with garbage collection, transport, and disposal shall be the responsibility of the contractor. 5.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter control along trails shall occur at least weekly April through September and then monthly although there is a general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least two times per week (or more as may be needed per section 5.3.1 above) from April through October and weekly (or more as may be needed per section 5.3.1 above) from November through March. 5.3.3Measurement Measurement shall be Lump Sum for “Garbage Removal – Paved Trails.” The approximate number of trash containers and doggies pot stationson the Appleway and Centennial Trails is shown in Appendices D & E. 5.3.4Payment Payment shall be lump sum Contract price for “Garbage Removal – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, materials and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.4 WEED CONTROL AND CHEMICAL SPRAYING 5.4.1General Requirements Weeds in cracks in parking lots, sidewalks, paved trails and other hard-scape areas shall be sprayed for eradication and control. 5.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ Plan, see section 2.1.1. 5.4.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf . Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.4.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. Any product/chemical used shall conform to local, state, and federal laws and regulations. 5.4.5Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying – Paved Trails.” The approximate quantity (sq feet) of hard-scape areas on the Appleway and Centennial Trails is shown in Appendices D & E. Contractor should take care to inspect hard-scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.4.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, materials, and tipping fees required. 5.5 BOLLARDS AND OTHER TRAIL FIXTURES AND AMENITIES 5.5.1General Requirements Trail bollards, benches, picnic tables, mile markers, decorative trash receptacles, and other trail amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Trail Bollards shall be removed and immediately placed back in position whenever access is required by the Contractor on the trails. Bollards shall remain locked and not left unsecured. Benches, picnic tables, informational kiosks, doggie pot stations, picnic tables or other trail fixtures shall be wiped clean, or pressure City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ washed when needed. Missing or damaged bollards or locks or other trail fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5.5.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Inspection and maintenance shall occur not less than two times per week from April through October and weekly from November through March. There is a general expectation that trail fixture inspection and maintenance shall always occur incidental to other work. 5.5.3Measurement Measurement shall be Lump Sum for “Bollards and Other Trail Fixtures and Amenities.” The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other trail fixtures on the Appleway and Centennial Trails is shown in Appendices D & E 5.5.4Payment Payment shall be lump sum Contract price for “Bollards and Other Trail Fixtures and Amenities” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged fixtures may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1General Requirements Snow removal from trailhead parking lots, trailhead pathways and plazas, and municipal sidewalks associated with trailheads and trail crossings and the City Gateway shall commence at 1” or more accumulation on level surfaces. Exceptions: paved sections of the Centennial Trail and Appleway Trail are not plowed in winter. Snow shall be removed within eight hours following the measurable accumulation of 1”. All areas shall be sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. If accumulations interfere with parking or other use, or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. If accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ approval from Administrator or designeeto forego removal. Ice Melt: Contractor shall be required to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures on municipal sidewalks associated with linear park properties including theCity Gatewayand other areas, as may be designated, to maintain free of ice during hours which that facility may reasonably be in use by the public. 5.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shallaccommodate usage demand. Schedule to be worked out with Director. 5.6.3Measurement Measurement shall be Lump Sum for “Parking Lot and Sidewalk/Pathway Snow Removal.” The approximate quantities (sq feet) of parking lots, plazas, pathways, and sidewalks associated with the Appleway Trail trailheads and trail crossings, the Centennial Trail trailheadsand trail property frontages, and the City Gateway is shown in Appendices D & E & F. 5.6.4Payment Payment shall be lump sum Contract price for “Parking Lot and Sidewalk/Pathway Snow Removal” and shall be paid for furnishing all tools, labor, equipment, materials, and supplies required. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 6 INSPECTION 6.1 General Requirements The Contactor shall perform visual site inspections when onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the Cityif any, but not limited to, the following are found or needed: Irrigation sprinkler system repair requirements Pest and disease infestation Structural Damage to drywells, catch basins, and inlets Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale Dry or dead turf in irrigated areas. Removal and replacement of bark Illegal dumping Tree, plant, or shrub removal and replacement Tree, plant, or shrub trimming Dead or Stolen Plant Material Accident cleanup Miscellaneous damage to City owned landscaping Fence damage Graffiti Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures Cracked asphalt, potholes, or crumbling edges of trail surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 “Force Account Maintenance.” The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 7 FORCE ACCOUNT MAINTENANCE 7.1 General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenanceand explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements, which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor’s intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to ISA standards Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: Meet the requirements of chapter 22.70 SVMC for street trees. Closely match existing trees along the corridor. Approval of the City prior to installation. Minimum of 1½ inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary), trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year, new trees will be fertilized spring and fall, then once per year for the next two years. 7.2.3Payment City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ Payment will be made in accordance with the Contract. 7.3DEAD OR STOLEN PLANT MATERIAL 7.3.1General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement. No replacement plantings shall be done without consent of the City. 7.3.2Payment Payment will be made in accordance with the Contract. 7.4 PEST AND DISEASE CONTROL 7.4.1General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1General Requirements City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ The Contractor is responsible for theoperation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on thoseelements of the system requiring special equipment, labor, or parts.Force account maintenance may include, but is not limitedtothe following: Replace special item controllers Replace water meters Deep excavation valve replacement Sub-irrigation type emitters Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, “Standard Irrigation Maintenance.” This determination will be made by the City. 7.5.2 Payment Payment will be made in accordance with the Contract. City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices containsite specific exhibit maps, and associated tables detail the approximate quantities and the locations of the work to be performed under this contract. Appendix A: Map of Roadway and Stormwater Landscaping Sites Appendix B: Table of Estimated Quantities for Roadway and Landscaping Sites Appendix C: Map of Linear Park Facilities and City Gateway Site Appendix D: Table of Estimated Quantities for Appleway Trail Locations Appendix E: Table of Estimated Quantities for Centennial Trail Locations Appendix F: Table of Estimated Quantities for City Gateway Site City of Spokane ValleySpecial Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-___ #1#1 Spokane Spokane County #3County #3 East Spokane East Spokane Water MetersWater District Fence Cyclone 0No-- 40Yes3Vera40Yes1Vera40Yes3Vera90No3Irvin30Yes4Consolidated unkNo--unkNo--unkYes1unkYesModernunkNo3VeraunkYes4VeraunkNo2VeraunkNo4unkNo4Modern900No1Consolidated900No2ConsolidatedunkNo3ConsolidatedunkNo1Consolidated Heads NetafimNo2NetafimNo2 Sprinkler (approx.) , ------ _ Fir Pine Sentry unknownunknown Greenspire Hornbeam Cherry, Maple, shrubs & bushesshrubs & bushes Maple, Orn. PearMaple, Orn. Pear Green/Purple Ash, Hornbeam, Orn. PearHornbeam, Orn. PearHornbeam, Orn. Pear Pine, shrubs & bushes ETC.) (SF)TOTAL AREA (SF)Trees (approx.)Tree Types Area (TREES, SHRUBS, BARK, Other Landscape 10/4/2023 Page 1 of 1 Appendix B (SF)SWALE TURF (SF)TOTAL TURF (SF) SIDE SLOPE TURF ROADWAY LANDSCAPING SERVICES QUANTITIES (approx.) 198,66281,445279,663559,77077,808637,57864840 FLAT TURF (SF) POND BOTTOM/ Totals: LOCATION NAME 1270Sullivan Road, 24th to 16th Roadside Swalesn/an/a20,90020,900020,90001280Sullivan Road, S 424 & 502, Roadside Swales (2)n/an/a3,6003,60003,60001300Willamette Road Bio-Infiltration Strip6,200006,20006,200191310Appleway, Dora to Park, Roadside Swalesn/an/a26,10026,100026,10051133016th & Dishman-Mica Bio-Infiltration Facility (1)9,50016,000025,500025,500411340Appleway Swales, Farr to University n/an/a11,20011,200011,2000135016th, Pines to Keller Bio-Infiltration Facilities (4)7,10018,900026,000026,00001360Evergreen, 16th to 6th Bio-Infiltration Facilities (3)66,4005,700072,100072,1004136516th, Warren to Sullivan Bio-Infiltration Facilities (4)25,50020,500046,00012,20058,20011370Sullivan, 16th to 4th Roadside Swalesn/an/a12,30012,3001,00013,300131410S prague, Park to Thierman Roadside Swalesn/an/a42,16342,163042,163781420Sprague, Park to Argonne Park Stripsn/an/a25,70025,700025,700921430Sprague, Mullan to University Park Stripsn/an/a49,40049,40004 9,4001401460Mission near Progress Bio-Infiltration Facility (1)21,1000021,10028,80049,90001470Broadway, Moore to Flora Bio-infiltration Facilities (4)9,6001,000010,60019,70030,30001480Appleway, Sprague to Barker Roadside Swalesn/an/a44,30044,300044,300971490Appleway, Barker to City Limit Roadside Swalesn/an/a40,00040,000040,0001001540Pines & Mansfield Bio-Infiltration Facilities (6)30,8000030,800030,80001570Mission/Flora Roundabout Bio-Infiltration Facilities (4)12,4621,745014,20716,10830,315121590Barker, I-90 to Jackson Bio-Infiltration Facilities (4)10,00017,600027,600027 ,60002570Sullivan Bridge, SW Corner Swale__4,0004,000_4,000_ NUMBER LOCATION Fixed Tables Benches / Area Lights 1 3 1 1 2 1 1 2 1 1 2 2 3 2 3 1 1 1 1 30 Doggie Stations 7 168 2 2 2 2 2 2 5 2 2 2 2 2 2 1 21 27,98415,72042,444 Gravel 1 Trail (sq ft)Bike Racks 14 1 2 2 2 1 2 2 2 1 2 2 1 1 1 6 86,148 412 6,193 / Plazas (sq feet)Bollards 32 1 2 2 2 2 2 2 2 1 1 2 2 2 2 2 2 Sidewalks 7,2007,9447,824 32,38015,80431,53615,32415,03617,48415,60015,48031,15223,556 (sq ft) Paved Trail 13 6 3 4 15 8 8 8 6 8 8 17 13 4 9 18,076 ) Ft.) Gravel 1,558 Parking (Sq Paved (Sq Ft) Parking 13,740 16,152 264,564 (Sq Ft) Restrooms 30,732 6,098 7,405 13,504 Drinking 1,570 240 1,159 1,906 1,199 437 3,927 581 Fountains Trash Appendix D Containers 9 2 236 1 10,153 1,341 1 1 1,089 1,047 162 1 1,794 1 2 502 Beds (Sq Ft) 2 2 1 2 2 1 2 1 1 2 2 1 1 2 22 Landscaping Shrubs (approx.) 180 205 196 28,353 Linear Park Quantities - Appleway Trail (approx. Trees (approx.) 53 32 31 13 37 37 53 15 124 21 33 55 62 52 193 1 812 (Acres) 28 10 14 50 30 21 36 23 36 28 14 24 27 12 21 466 Unimproved 2,3024,1083,8842,0892,4273,8233,5391,7751,4311,3162,3221,2471,2361,8939,362 feet) Turf (sq Irrigated 1,516 1,638 1,838 1,200 1,975 2,428 2,861 1,687 835 848 1,047 2,082 1,569 2,135 4,694 30.65 Size (Acres) 5.18 2.48 0.94 1.10 4.72 1.43 2.33 1.44 0.95 1.30 1.52 3.22 1.92 0.60 1.52 37 17 38 42,754 Length (Miles) 0.86 5.92 2.99 1.33 1.48 5.60 1.98 2.96 2.00 1.50 1.75 1.96 4.06 2.56 0.87 2.20 2.34 1.59 4.50 48.45 d d d d APPROX. TOTALS6.28 University Rd TrailheaBowdish Rd CrossingS Union Rd CrossingRobie Rd CrossingPines Rd Crossing & TrailheaMcDonald Rd CrossingBlake Rd CrossingEvergreen Rd CrossingBest Rd Crossing & TrailheaAdams Rd CrossingProgress Rd CrossingSullivan Rd CrossingConklin Rd CrossingSteen Rd CrossingFlora Rd CrossingTschirley Rd Crossing & Trailhea ATC-1 ATS-1University to Bowdish0.50 ATC-2 ATS-2Bowdish to S Union0.25 ATC-3 ATS-3S Union to Robie0.11 ATC-4 ATS-4Robie to Pines0.13 ATC-5 ATS-5Pines to McDonald0.51 ATC-6 ATS-6McDonald to Blake0.25 ATC-7 ATS-7Blake to Evergreen0.25 ATC-8 ATS-8Evergreen to Best0.28 ATC-9 ATS-9Best to Adams0.22 AT-ExtFarr to University0.62 ATC-10 ATS-10Adams to Progress0.25 ATC-11 ATS-11Progress to Sullivan0.26 ATC-12 ATS-12Sullivan to Conklin0.50 ATC-13 ATS-13Conklin to Steen0.38 ATC-14 ATS-14Steen to Flora0.13 ATC-15 ATS-15Flora to Tschirley0.26 ATC-16 ATS-16Tschirley to Greenacres0.44ATS-17Greenacres to Barker0.27ATS-18Barker to Ridgeline HS0.67 NUMBERLocation Name LOCATION Note: "ATC" = Appleway Trail CrossingNote: "ATS" = Appleway Trail SectionNote: "AT-Ext" = Appleway Trail Extension 1 Connects Spur Trail Kiosk Signs / 2 6 Fixed Tables 1 2 1 1 1 4 10 Benches/ Picnic Tables 19 Doggie Stations 2 1 2 1 5 1 1 1 1 2 2,4961,2101,0622,717 ) (sq ft)Bollards Sidewalk Pathway / 2 3 2 1 7 4 28 Trail 52,800 (sq ft) Paved 2 3 3 7 4 3 20,434 Ft) Gravel 1,453 361,680 Parking (Sq Ft) Paved 12,020 2,193 20,322 Parking (Sq (Sq Ft) Restrooms 20,322 29,260 Appendix E 126 11,720 126 Drinking FountainsRestrooms 52,800 44,880 3 Trash Containers 52,800 52,800 52,800 52,800 2 17,540 1 3 11111211121 0.856 Length (Miles) Linear Park Quantities - Centennial Trail (approx. Mile 6-7Mile 7-8Mile 8-9Mile 9-10Mile 10-11Mile 11-12Mile 12-13Totals54.986.8518 NumberLocation NameSize (Acres)Parcel ID Location CTM-6CTH-1Barker Rd Trailhead0.5655083.90631CTM-7CTH-2Flora Rd Trailhead0.6555073.0458CTM-8CTH-3Old Mission Trailhead0.18N/A (ROW)1CTM-9CTH-4Sullivan Trailhead0.13N/A (ROW)1CTM-10CTH-5Mirabeau Springs Trailhead21.2845101.90953CTM-11CTH-6Mirabeau Meadows Trailhead45101.90952CTM-12CTNA-1Spokane Valley Vacant Parcel1.1145101.9068CTNA-2Mytrtle Point Natural Area31.0745046.9062CTH: Centennial TrailheadCTM: Centennial Trail MileCTNA: Centennail Trail Natural Area (sq ft)Area Lights Gravel Roadway ft)Signs Paved Trail / Sidewalks (sq Beds (Sq Ft) Landscaping Shrubs (approx.) Trees (approx.) Appendix F feet) Turf (sq Irrigated 0.6114907411784264180240 Size (Acres) y Linear Park Quantities - Gity Gateway (approx.) CG-1West City Gatewa NUMBERLocation Name LOCATION SPECIAL PROVISIONS FOR DESIGNATED PARKS LANDSCAPE MAINTENANCE City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®­³± ¢³ ¬ ­ ¦¤¬¤­³ ¯±®µ¨²¨®­² andrequirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for landscape maintenance servicesin designated parks, open spaces, and natural areas operated by the Parks and Recreation Department. General expectations of these services include: mowing trimming edging spraying for pests and weeds aerating fertilizing turf reseeding and rehabilitation pressurized irrigation maintenance and repair backflow device testing mowing non-turf (unimproved) areas litter control garbage removal tree/shrub pruning landscaping bed maintenance raking sweeping pressure washing maintenance of picnic tables, benches, trash receptacles, and other park fixtures snow removal of parking lots and sidewalks placing haybales in winter sledding areas Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract.Thework description above isnot all inclusive but is representative of a comprehensive landscape service and maintenance contract. 1.2 OBJECTIVE The objective of this designated parks landscape maintenance contract is to provide exceptional parks that are “clean, green, and open.” The City is seeking a high-quality contractor that is responsive, reliable, and provides superior service. The successful contractor will consistently improve the quality of maintenance across the City’s Parks and Recreation System for its programs, residents and visitors. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 1.3GENERAL INFORMATION These Special Provisions focus on general landscape maintenance of certain neighborhood parks, community parks, natural open space areas, and currently undeveloped park properties encompassing a total area of approximately 180 acres. Park improvements include irrigated turf, landscaping beds, trees and shrubs, pathways, parking lots, picnic shelters, sport courts, playgrounds, splash pads, and other amenities such as picnic tables, benches, bleachers, trash receptacles, and fencing. These properties support a wide range of recreational opportunities for City residents and visitors including passive and active recreation, organized programs, summer day camps, youth sports camps, special events and park reservations. A 16-court sand volleyball complex at Browns Park is programmed and operated by the Evergreen Regional Volleyball Association and requires careful coordination with park maintenance contractor(s). The City also owns three outdoor pools: Terrace View Pool, Park Road Pool, and Valley Mission Pool. The City pools are maintained and operated by the Valley YMCA through a separate agreement. Additionally, there are three other special use facilities that are maintained and operated by outside entities through agreements with the City: Splashdown Family Water Park within Valley Mission Park, and a Western Dance Hall and Radio-Controlled Car Track at Sullivan Park. The specific park properties included in the scope of services for this contract are: Browns Park (8.2 acres) located at 3101 S. Pines Road Castle Park (2.7 acres) located at 6415 S. University Roa d Edgecliff Park (4.7 acres) located at 800 S. Park Road Greenacres Park (8.6 acres) located at 1311 N. Long Road Sullivan Park (16.1 acres) located at 1901 N Sullivan Road th Terrace View Park (9.2 acres) located at 13525 E. 24 Ave. Valley Mission Park (23.3 acres) located at 11123 E. Mission Avenue Valley Mission Park South Property (7.23 acres) located 11202 E Mission Ave. Park Road Pool grounds (2 acres) located at 906 N Park Road Myrna Park (12 acres) located at 22310 E. Saltese Lake Road (outside City limits) Flora future park property(46.2 acres)located approx.2600 N Flora Road th Ponderosa future park property(17.6 acres)located at 11515 E. 47 Avenue Summerfield future park property (24.5 acres) located approx. 5201 N Progress 1.4 CONTRACT TYPE This Contractis a lump sum fixed fee, purchased service-type Contract.Prevailing wagesare required to be paid to theContractor’s employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Contractor to Provide Performance and Payment Bonds. The contractorshall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to pesticide applications, licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior writtenapproval of theCity.Allsubcontractedwork will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contractincludes these parts: TheDesignated Parks Landscape Maintenance City of Spokane Valley Special Provisions Designated Parks Landscape Maintenance Contract 23-___ Agreement,Submittal Response, Addenda,these Special Provisions, Insurance Certificates,and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mentionit specifically. 1.9 CONTRACT TERM The contractshall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days’ written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bondcosts, and appurtenances necessary tocomplete theserviceswhichshall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractorreaffirmsmeeting all requiredqualifications and will remain qualifiedthroughout the duration ofthe Contractand subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shallimmediately informtheAdministratorof thechange in qualification status. The Contractor shall also supply in writing to theAdministrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractoracknowledges visiting theworkareasandbecoming fullyacquaintedwith site conditions to understandthe facilities,difficulties, and restrictionsattending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, ortovisitthesitesandgetacquaintedwithconditionsexistingthereinandverifyingproject area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her originalproposedbidorto this contract. 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ SUPPORTFACILITIES Unless stated otherwise and agreedin writing,theContractor is expectedtoprovide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. 1.13.1 Support Facilities The City will not provide equipment storage, shop facilities, workspace, oroffice spaceaspart of this contract. The Contractor willbe responsible for providing allsupportfacilities at theirown location(s).The Contractorshallfurnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 EquipmentIdentification All vehicles used by the Contractormust beclearly identifiedwith the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliancewithany applicablelaw, rule, permit requirement,or regulationrelatedto this work shall be reported to the City immediately. The City may requirethat theContractor provide a reportof the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor andshall be disposed of in amanner consistent with federal, state,and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make,at any time during thecontract term, such changesin quantities and such alterations in these Special Provisionsas are necessary to satisfactorily complete themaintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance andPayment Bond, andthe Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: Deleting any part of the maintenance work Increasing or decreasing quantities Altering Special Provisions City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Altering the way the maintenance work is to be done Adding new maintenance work Alteringfacilities, equipment, materials,services, or sites, provided by the Contracting Agency Ordering the Contractorto speed up or delay the maintenance work Any change that affects the overall Contract effort and amount of maintenance work to be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation ofany change unless orderedby the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ th The contractor shall use rates effective November 7, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewalcontractexecution. No payment will be made until the Contractor has submitted a “Statement of Intent to Pay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. City of Spokane Valley Special Provisions Designated Parks Landscape Maintenance Contract 23-___ 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection The City will periodicallyinspect thework and condition of facilities under the care of the Contractor. If the Contractor’s work or conditionsat the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond tomeetthe standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City thereferenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by March 1 (or fourweeks prior to spring operations) Periodic reports – with each invoice Annual report – annually by November 15 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be madeafterreview, approval, andauthorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth abreakdown of Work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices may be submitted monthly for 12 equalamounts fromJanuary through December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request anadjustment of the lump sum fixedfee annually, and no later than November 1st for thefollowing calendaryear. Such pricesshallbe negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent changeshallbetheU.S.DepartmentofLabor,BureauofLaborStatistics. If the City chooses to exercise the option years, the Contractor must update andpayprevailing wagesto the mostrecently published and effectiveWashington State Department of Labor& Industries rates for the next contract optionterm. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 2 GENERAL SPECIFICATIONS This Chapterdiscusses generalitems on Contractor andCity conductinexecuting the work. 2.1 WORK PLAN 2.1.1Annual Work Plan The Contractor shall submit an annual work planto theCity in accordance with Section 1.18.2 – Contractor Reports. The plan communicates who,when,and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during theyearmay benecessaryandthe Contractor is to workwith Citystaff on any necessary revisions. The Annual Work Plan should indicate such things as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. General schedules for typical, weekly routine work, for example: o mowing Valley Mission Park on Mondays o watering Sullivan Park on Tuesday and Friday o mowing Castle Park on Wednesdays o irrigated system inspections <by location, zone, week> Specific schedule for other task work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Seasonal Irrigation/Sprinkler System Adjustments<spring, summer, fall> o Startup and Winterization <application timeframe, i.e. month, week(s)> o Backflow testing <application timeframe> What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) Self-inspectionplan and reporting Employee uniform example 2.1.2WeeklyWork Plans If different from the Annual Work Plan, theContractor shall submit an email to City designated staff and identify weeklyworkplans indicatingwhere the Contractor willbe working and what activities will beperformed,. It may be sent up to one day in advance for the next work period. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 2.2 CONTRACTOR’S EMPLOYEES 2.2.1Licenses Contractorand staff whoare supplying servicesunder this agreement shall at all times possess and carry a valid driver’s license issued bythe State of Washington andhave all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utilityfacilities, adjacent property, trees,shrubbery, andmotorvehicles.In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code underpermits issued bythe City. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaints and deficiencies, with regardstothis Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone,email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractorhascorrected thelisteddeficiencies,the Contractor shall notify the designated City staffandrequest inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 2.4.2Failure toPerform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1CityInspections The City will periodically inspectthe condition of each area depicted in these Special Provisions. The conditions shall bemeasured basedon these Special Provisions and City staff judgment. 2.5.2Periodic Reporting TheContractorshall provideself-inspectionsand/orrecordsofworkit performsin each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual reportby November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing landscaping deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7 PARK MAINTENANCE SCHEDULE The park use season is January 1 – December 31 (year-round). Active growing season shall be considered March 1 – November 15. This may vary depending on weather/use. During active growing season, the designated parks may require a maintenance presence up to seven daysper week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between the hours of 6:00AM and 5:00PM. Contractor shall work around public use and always be City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ courteous and respectful to park visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public thth use from 6:00AM – 9:00PM, April 15 through October 15 and from 6:00AM to 7:00PM, thth October 16 through April 14. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 3 WORK SPECIFICATIONS – STANDARD MAINTENANCE IRRIGATED AREAS This Chapter describes theWork to beperformed in irrigatedareasincluding standards, schedule,quantity,and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1General Requirements Mowing, trimming, and edging of all irrigated turf is expected to occur weekly, except for Browns Park which shall occur two times per week during the peak volleyball season (generally May through July). Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc., that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1– November 15 of each year. The estimated number of mowing cycles is approximately 32 cycles (44 cycles for Browns Park). Mowing of each area shall be completed on the same day that mowing begins. 3.1.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming, Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Grass clippings shall be blown from sidewalks, trails,and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs for turf, grass, trees, sprinklers, private property, and anything else that may be damaged during mowing, trimming or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter / Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts, paper, cardboard, rocks, any plastic, rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. In addition to Debris/Litter pickup which is incidental to other work during the growing season, leaves, pine needles, and pinecones shall be swept, raked, or blown as necessary to collect and remove from all turf areas at least two additional times per year: once in the Spring before April 1, and again in the fall after final mowing has been completed. Accumulations of pine needles and other debris along fences shall be cleared away. Exception: At Browns Park, particular attention must be paid to leaf and tree debris in and around the sand volleyball courts. At appropriate times of year, the Contractor shall monitor the trees in the volleyball complex daily and remove leaves and tree debris as frequently as daily as may be necessary to minimize debris from entering the sand courts. Whenever on site to remove leaves from the volleyball complex the Contractor shall also remove leaf and tree debris from the playground area to minimize debris from remaining on the rubberized playground surfacing. 3.1.8 Measurement & Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for “Mowing, Trimming, Edging and Standard Irrigation Maintenance.” The approximate irrigated turf area for the designated park facilities is 1,697,533 square feet or approximately 39 acres. See maps and tables in Appendix A for more details. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 3.1.9 Payment Payment for mowing, trimming, and edging shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standard maintenance and repair of all irrigation/sprinkler systems under this contract. This includes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the irrigation zones in Browns Park, Castle Park, Edgecliff Park, Greenacres Park, Sullivan Park, Terrace View Park,and Valley Mission Park. Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete, pavement, and unimproved areas shall be minimized. Standard maintenance is consideredoperational maintenance on all elements of the system not requiring special equipment, labor, or parts. Maintenance not covered under this section will be covered under Section 7, “Force Account Maintenance –Irrigated Areas”. This determination will be made by the City. 3.2.2Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather conditions. Winterizing is the City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meetthe requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice,provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1General Requirements Aeration of irrigated turf in the designated park facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with ½-inch diameter core, 3 ½-inches deep, and the frequency of cores shall be 6-inches or less apart. Allowance will be made for dry or rocky conditions at the discretion of the Director. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. 3.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration shall be performed twice per year, once in the spring as th soon as conditions permit and again in the fall after August 15. The contractor shall notify the City one week prior to performing the work. 3.3.2Measurement Measurement shall be Lump Sum for “Core Aeration.” The approximate irrigated turf area for designated park facilities is 1,697,533 square feet or approximately 39 acres. See maps and tables in Appendix A for more details. 3.3.3 Payment City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Payment shall be lump sum Contract price for “Core Aeration” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4 FERTILIZING 3.4.1General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per st year, once in the spring, before June 1, once in the summer, and once in the fall, after st September 1. Applications shall be at optimal times and shall be outlined in the contractor’s annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if, when and how chemically sensitive individuals were notified subject to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.4.3 Approved Fertilizer Where allowed by state law per RCW 15.54.200(2)(a) and (b): o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Other fertilizers outside the recommended ratio can/shall be submitted to the City for approval based on soil analysis by a lab selected by contractor and approved by owner. 3.4.4Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for “Fertilizer.” The approximate irrigated area of the designated park facilities is 1,697,533 square feet or approximately 39 acres. See maps and tables in Appendix A for more details. 3.4.6 Payment Payment shall be lump sum Contract price for “Fertilization” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf, trees, shrubs, and approved plantings will occur to maintain a healthy, green, and attractive landscape. All chemical spraying shall followthe state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed two times per year, applied uniformly throughout the appropriate season. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Specific application timeframes shall be identified in the Annual Work Plan.Care should be taken by the Contractor to schedule treatments during hours of operation when use by the public is at its least, for example first thing in the morning. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 3.5.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 3.5.5 Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying.” 3.5.6 Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying” and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Special Provisions Designated Parks Landscape Maintenance Contract 23-___ 3.6TREE AND SHRUB TRIMMINGAND MAINTENANCE 3.6.1General Requirements Tree and shrub maintenance is on an “as needed basis”. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the City. The Contractor shall make an ISA Certified Arborist available as needed. 3.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimmingshall be performed at least onceper year in the springand again as needed to maintain healthy attractive appearance. 3.6.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance.”The approximate number of trees and shrubs, where known, is listed in the appendices in Chapter 8. The Contractor shall take care to inspect the designated park facilities to determine quantity of needed maintenance under this section. 3.6.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1General Requirements Organic/Inorganic groundcover shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Plan, see section 2.1.1.Ground cover deficiencies shall be corrected no less than three timesper year.Landscaping beds shall be weeded no less than three times per year. 3.7.3Measurement Measurement shall be Lump Sum for “Landscape Bed Maintenance.” The approximate area of the designated park facilities is 1,677 square feet. See maps and tables in Appendix A for more details. 3.7.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 4 WORK SPECIFICATIONS – STANDARD MAINTENANCE UNIMPROVED AREAS ThisChapterdescribes the Work tobe¯¤±¥®±¬¤£ ¨­ ³§¤ ´­¨¬¯±®µ¤£ ¯®±³¨®­² ®¥ ³§¤ £¤²¨¦­ ³¤£ ¯ ±ª facilitiesǾ  ² ¶¤««  ² ¨­ -¸±­  0 ±ªǾ ³§¤ &«®±  ¥´³´±¤ ¯ ±ª ¯±®¯¤±³¸Ǿ ³§¤ 0®­£¤±®²  ¥´³´±¤ ¯ ±ª ¯±®¯¤±³¸Ǿ  ­£ ³§¤ 3´¬¬¤±¥¨¤«£ ¥´³´±¤ ¯ ±ª ¯±®¯¤±³¸, including standards, schedule, quantity,  ­£ location. 4.1 NOXIOUS WEED CONTROLAND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. 4.1.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 4.1.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 4.1.5Measurement Measurement shall be lump sum for “Noxious Weed Control and Chemical Spraying – Unimproved Areas.” The approximate areas of the unimproved portions of the designated park facilities, as well as Myrna Park, the Flora future park property, the Ponderosa future park property, and the Summerfield future park property, allof which may contain noxious weeds, areshown in the appendices in Chapter 8.The Contractor should take care to inspect these areas as well as records of the Spokane County Noxious Weed Control board for past notices and information to determine quantity of needed maintenance under this section. 4.1.6Payment Payment shall be lump sum Contract price for “Noxious Weed Control and Chemical Spraying – Unimproved Areas” and shall be paid for furnishing all tools, labor, equipment, andmaterials required. 4.2 LITTER CONTROL 4.2.1General Requirements Litter includes paper, cardboard, plastic, rubber or metal, foreign objects, wood, cloth, etc. Large or otherwise visible accumulations, such as multiple items of litter in the same location, dumped mattress or appliance, large accumulation of trash or debris, etc. shall be removed as soon as possible after being reported or noticed by contractor. 4.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly. There is a general City of Spokane Valley Special Provisions Designated Parks Landscape Maintenance Contract 23-___ expectation that litter will always be picked up incidental to other work. 4.2.3Measurement Measurement shall be lump sum for “Litter Control –Unimproved Areas.” The approximate areas of the unimproved portions of the designated park facilities, as well as Myrna Park, the Flora future park property, the Ponderosa future park property, and the Summerfield future park propertyare shown in the appendices in Chapter 8. 4.2.4Payment Payment shall be lump sum Contract price for “Litter Control – Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and materials required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING 4.3.1General Requirements Mowing and trimming of ground vegetation shall occur in the Valley Mission Park – South property and shall be at a height of 4-6 inches, and growth shall not exceed 10 inches between mowing and trimming intervals. The Summerfield future park property shall also be mowed to additionally control noxious weeds and vegetation. Due to uneven surfaces and natural and man-made obstructions in the Summerfield future park property a variety of equipment such as flail mowers and hand trimmers may be required. 4.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The Valley Mission Park –South property isexpected to bemowed until growth ceases in the summer.The estimated number of mows is 4-6 occurrences. The Summerfield future park property shall be mowed at least once annually in May or June to be coordinated with the Spokane County Noxious Weed Control Board. 4.3.3Measurement Measurement shall be lump sum for “Mowing and Trimming – Unimproved Areas.” The approximate area of the Valley Mission Park – South property and the Summerfield future City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ park property is shown in the appendices in Chapter 8. 4.3.4Payment Payment shall be lump sum Contract price for “Mowing and Trimming –Unimproved Areas” and shall be paid for furnishing all tools, labor, equipment, andmaterials required. An additional mowing of the Summerfield future park property, if recommended by the Contractor and approved by the City, shall be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 5 WORK SPECIFICATIONS – HARDSCAPES, PARK FIXTURES, AND OTHER MAINTENANCE ThisChapter describes the Work to be ¯¤±¥®±¬¤£ ®­ ¯ ±ª¨­¦ «®³²Ǿ ¯ ±ª ¯ ³§¶ ¸²Ǿ ²¯®±³ ¢®´±³²Ǿ ¯¨¢­¨¢ ²§¤«³¤±²Ǿ ¯¨¢­¨¢ ³ ¡«¤²Ǿ ¯ ±ª ¡¤­¢§¤²  ­£ ®³§¤± ¯ ±ª  ¬¤­¨³¨¤² including standards, schedule, quantity, and location. 5.1 SWEEPING 5.1.1General Requirements Unless otherwise noted, hard surfacesincluding parking lots, pathways, sidewalks, sport courts, and other paved or concrete surfaces shall be swept, vacuumed, or blown off as needed to maintain a clean appearance. Inspections shall be daily in conjunction with other maintenance tasks. Glass, debris, or other foreign material shall be removed immediately. Parking lots shall be swept each spring to remove all sand and other debris accumulated over the winter. The Contractor shallsweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved pathwaysand sidewalks shall be swept at least four times per year. However, due to storms, etc. hard surfacesmay require additional sweeping, which shall be the responsibility of the contractor. 5.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Sport courts shall be cleaned bi-weekly according to a schedule developed by the Contractor. Paved parking lots shall be swept a minimum of two times per year and paved pathwaysand sidewalks shall be swept a minimum of four times per year. 5.1.3Measurement Measurement shall be Lump Sum for “Sweeping.” The approximate areas (sq feet) of pathways, parking lots, sidewalks, sport courts, plazas, picnic areas and other hard surfaces in the designated parksare listed in the appendices in Chapter 8. 5.1.4Payment Payment shall be lump sum Contract price for “Sweeping” and shall be paid for furnishing City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ all tools, labor, equipment, and materials required. 5.2 GARBAGE REMOVAL 5.2.1General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containers in the designated parks. Trash containers, as noted in the appendices in Chapter 8, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for fourdays. All containers shall be lined with a plastic liner and all doggie pot stations shall be replenished with compatible waste bags. Vehicle access to cans may be limited in some locations.All costs associated with garbage collection, transport, and disposal shall be the responsibility of the contractor. 5.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Litter control in the designated parks shall occur at least weekly April through September and then monthly although there is a general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least two times per week (or more as may be needed per section 5.3.1 above) from April through October and weekly (or more as may be needed per section 5.3.1 above) from November through March. 5.2.3Measurement Measurement shall be Lump Sum for “Garbage Removal.” The approximate number of trash containers and doggies pot stations in the designated parks is shown in the appendices in Chapter 8. 5.2.4Payment Payment shall be lump sum Contract price for “Garbage Removal” and shall be paid for furnishing all tools, labor, equipment, materials and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ Unexpected Maintenance as outlined in Chapter 7. 5.3 WEED CONTROL AND CHEMICAL SPRAYING 5.3.1General Requirements Weeds in cracks in parking lots, sidewalks, park pathways, sport courts, and other hard- scape areas shall be sprayed for eradication and control. 5.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.3.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.3.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency.Any product/chemical used shall conform to local, state, and federal laws and regulations. 5.3.5Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying – Hardscapes.” The approximate quantity (sq feet) of hard-scape areas in the designated parks is shown in the appendices in Chapter 8. Contractor should take care to inspect hard- scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.3.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, materials, and City of Spokane Valley Special Provisions Designated Parks Landscape Maintenance Contract 23-___ tipping fees required. 5.4 BOLLARDS,PARK BENCHES, PICNIC TABLES, PARK KIOSKS AND OTHER PARKFIXTURES AND AMENITIES 5.4.1General Requirements Bollards, gates, fences, park benches, picnic tables, decorative trash receptacles, kiosks, and other park amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Bollards shall be removed and immediately placed back in position, and gates shall be opened and then closed, whenever access is required by the Contractor for maintenance activities in the designated parks. Bollards and gates shall remain locked and not left unsecured. Park benches, picnic tables, informational kiosks, doggie pot stations, picnic tables or other park fixtures shall be wiped clean, or pressure washed when needed. Missing or damaged bollards, gates, locks,or other park fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Inspection and maintenance shall occur not less than two times per week from April through October and weekly from November through March. There is a general expectation that inspection and maintenance of park fixtures shall always occur incidental to other work. 5.4.3 Measurement Measurement shall be Lump Sum for “Bollards, Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures.” The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other parks fixtures in the designated parks is shown in the appendices in Chapter 8. 5.4.4 Payment Payment shall be lump sum Contract price for “Bollards Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged park fixtures may City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.5 VALLEY MISSION SLEDDING HILL 5.5.1General Requirements Starting October 15, or upon the first snow if it occurs prior to October 15, and through March 1, or after March 1 if snow remains on the ground, straw bales shall be placed around the trees, light pole bases, and structures depicted in Exhibit B. Contractor shall inspect the lights (seven pole-mounted fixtures) in the sledding area to ensure they are functioning properly and report any lights out to the City immediately. Straw bales shall require daily inspection and/or maintenance to replace/reset in position as necessary. All makeshift sledding jumps or other temporary snow structures shall be removed, and straw bales returned to needed locations. In the spring, the Contractor shall pick up and dispose of all straw bales. Disposal fees shall be the responsibility of the Contractor. 5.5.2 Schedule and Notification The Contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The inspection and maintenance of straw bales should occur at the beginning of each day, prior to use by the public when possible. The Contractor shall notify the City immediately if area lights are found to be not functioning. 5.5.3 Measurement Measurement shall be Lump Sum for “Valley Mission Sledding Hill.” The locations to be protected are depicted in Exhibit B. It is expected the Contractor will need to replace positioned bales with new bales periodically. The total number of bales that will be required annually is unknown. 5.5.4 Payment Payment shall be Lump Sum for “Valley Mission Sledding Hill” and shall be paid for furnishing all tools, materials, equipment, and labor required. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1General Requirements Snow removal from parking lots, and municipal sidewalks associated with the designated parks shall commence at 1” or more accumulation on level surfaces. Exception: the parking lot at Castle Park isnot plowed in winter. Snow shall be removed within eight City of Spokane Valley Special Provisions Designated Parks Landscape Maintenance Contract 23-___ hours following the measurable accumulation of 1”. All areas shallbe sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. Ifaccumulations interfere with parking or other use,or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. Ifaccumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request approval from Administrator or designee to forego removal. Ice Melt: Contractor shall berequired to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures onmunicipal sidewalks associated with the designated park properties to maintain free of ice during hours which that facility may reasonably be in use by the public. 5.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shall accommodate usage demand. Schedule to be worked out with Director. 5.6.3Measurement Measurement shall be Lump Sum for “Parking Lot and Sidewalk/Pathway Snow Removal.” The approximate quantities (sq feet) of parking lots, and sidewalksassociated with the designated parks is shown in the appendices in Chapter 8. 5.6.4Payment Payment shall be lump sum Contract price for “Parking Lot and Sidewalk/Pathway Snow Removal” and shall be paid for furnishing all tools, labor, equipment, materials, and supplies required. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 6 INSPECTION 6.1 General Requirements The Contactor shall perform visual site inspectionswhen onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the Cityif any, but not limited to, the following are found or needed: Irrigation sprinkler system repair requirements Pest and disease infestation Structural Damage to drywells, catch basins, and inlets Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale Dry or dead turf in irrigated areas. Removal and replacement of bark Illegal dumping Tree, plant, or shrub removal and replacement Tree, plant, or shrub trimming Dead or Stolen Plant Material Accident cleanup Miscellaneous damage to City owned landscaping Fence damage Graffiti Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures Cracked asphalt, potholes, or crumbling edges of trail surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 “Force Account Maintenance.” The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 7 FORCE ACCOUNT MAINTENANCE 7.1. General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenanceand explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor’s intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to ISA standards. The Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: Meet the requirements of chapter 22.70 SVMC for street trees. Closely match existing trees along the corridor. Approval of the City prior to installation. Minimum of 1½ inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary),trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year,new trees will be fertilized spring and fall, then once per year for the next two years. 7.2.3Payment Payment will be made in accordance with the Contract. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 7.3 DEAD OR STOLEN PLANT MATERIAL 7.3.1General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement. No replacement plantings shall be done without consent of the City. 7.3.2Payment Payment will be made in accordance with the Contract. 7.4 PEST AND DISEASE CONTROL 7.4.1General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1General Requirements The Contractor is responsible for the operation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on those elements of the system requiring special City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ equipment, labor, or parts.Force account maintenance may include, but is not limitedtothe following: Replace special item controllers Replace water meters Deep excavation valve replacement Sub-irrigation type emitters Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, “Standard Irrigation Maintenance.” This determination will be made by the City. 7.5.2 Payment Payment will be made in accordance with the Contract. City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain tables with approximate quantities and site maps of the locations of the work to be performed under this contract. Appendix A: Designate Park Quantitiesand Site Images Appendix B: Valley Mission Park Winter Hay Bale Locations City of Spokane ValleySpecial Provisions Designated Parks Landscape Maintenance Contract 23-___ SPECIAL PROVISIONS FOR SIGNATURE PARKS LANDSCAPE MAINTENANCE City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®­³± ¢³ ¬ ­ ¦¤¬¤­³ ¯±®µ¨²¨®­² andrequirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for landscape maintenance servicesin two signature parks operated by the Parks and Recreation Department. General expectations of these services include: mowing trimming edging spraying for pests and weeds aerating fertilizing turf reseeding and rehabilitation pressurized irrigation maintenance and repair backflow device testing litter control garbage removal tree/shrub pruning landscaping bed maintenance raking sweeping pressure washing maintenance of picnic tables, benches, trash receptacles, and other park fixtures snow removal of parking lots and sidewalks Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract. The work description above is not all inclusive but is representative of a comprehensive landscape service and maintenance contract. This contract does not include playground equipment inspection and maintenance or janitorial services for park restrooms and park reservations. 1.2 OBJECTIVE The objective of this signature parks landscape maintenance contract is to provide exceptional service in the City’s two signature parks that host numerous special events and large community celebrations each year. The City is seeking a high-quality contractor that provides superior service and is responsive, reliable, and highly adaptable. The successful contractor will take immense pride in the quality of maintenance delivered in the City’s crown jewel parks for itsresidents and City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ visitors.Additionally, the successful contractor will assist the City in bringing its newest urban park online in the heart of Spokane Valley across from City Hall. 1.3 GENERAL INFORMATION These Special Provisions are for landscaping maintenance services at the newly expanded Balfour Park next to the brand-new Spokane Valley Library and across from Spokane Valley City Hall, and at Mirabeau Point Park, which includes theCenterPlace Regional Event Center grounds, Discovery Playground, and the Mirabeau Meadows Park and Natural Area. Together these areas encompass a combined total of approximately 65 acres. Park improvements include irrigated turf, expansive landscaping beds, a wide diversity of trees and shrubs, an engineeredpond and waterfall, paved and concrete pathways, several parking lots, picnic shelters, event plazas, performance stages, a veteransmemorial, flagpoles, signature playgrounds, public art, and other park amenities such as restrooms, picnic tables, benches, seating walls, shade structures, area lighting, and decorative fencing. Thesetwo properties together support a wide range of recreational opportunities for thousands of City residents and visitors and host numerous special events and large community celebrations each year.Additionally, the City is just now completing construction of Phase 1 of the Balfour Park expansion. As such, the Contractor will play a critical role in establishing the new landscaping throughout the park. Portions of the Phase 1 construction have been seeded with non-irrigated native grasses which will be replaced in the future with additional park element. Phase 2 and future park elements at Balfour will include basketball and pickleball courts, a soccer mini-pitch, a large splashpad and destination playground, a large picnic shelter and community gathering space, and a park amphitheater with covered performance stage. The signature park properties included in the scope of services for this contract are: Balfour Park (8.6 acres) located at 105 N. Balfour Road Mirabeau Point Park (55.1 acres) located at 13500 E. Mirabeau Parkway, including: o Mirabeau Meadows o Mirabeau Park Natural Area o Mirabeau Springs Waterfall and Pond o CenterPlace Regional Event Center grounds at 2426 N Discovery Place, and o Discovery Playground 1.4 CONTRACT TYPE This Contractis a lump sum fixed fee, purchased service-type Contract.Prevailing wagesare required to be paid to theContractor’s employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ Contractor to Provide Performance and Payment Bonds. The contractorshall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to pesticide applications, licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior writtenapproval of theCity.Allsubcontractedwork will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contract includes these parts: The Signature Parks Landscape Maintenance City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-___ Agreement,Submittal Response, Addenda,these Special Provisions, Insurance Certificates,and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mentionit specifically. 1.9 CONTRACT TERM The contractshall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days’ written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bondcosts, and appurtenances necessary tocomplete theserviceswhichshall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractorreaffirmsmeeting all requiredqualifications and will remain qualifiedthroughout the duration ofthe Contractand subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shallimmediately informtheAdministratorof thechange in qualification status. The Contractor shall also supply in writing to theAdministrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractoracknowledges visiting theworkareasandbecoming fullyacquaintedwith site conditions to understandthe facilities,difficulties, and restrictionsattending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, ortovisitthesitesandgetacquaintedwithconditionsexistingthereinandverifyingproject area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her originalproposedbidorto this contract. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreedin writing,theContractor is expectedtoprovide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. 1.13.1SupportFacilities The City will not provide equipment storage, shop facilities, workspace, oroffice spaceaspart of this contract. The Contractor willbe responsible for providing allsupportfacilities at theirown location(s).The Contractorshallfurnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 EquipmentIdentification All vehicles used by the Contractormust beclearly identifiedwith the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliancewithany applicablelaw, rule, permit requirement,or regulationrelatedto this work shall be reported to the City immediately. The City may requirethat theContractor provide a reportof the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor andshall be disposed of in amanner consistent with federal, state,and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make,at any time during thecontract term, such changesin quantities and such alterations in these Special Provisionsas are necessary to satisfactorily complete themaintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance andPayment Bond, andthe Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: Deleting any part of the maintenance work City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ Increasing or decreasing quantities Altering Special Provisions Altering the waythe maintenance work is to be done Adding new maintenance work Alteringfacilities, equipment, materials,services, or sites, provided by the Contracting Agency Ordering the Contractorto speed up or delay the maintenance work Anychange that affectstheoverallContracteffortand amount of maintenance workto be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation ofany change unless orderedby the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ th The contractor shall use rates effective November 7, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewalcontractexecution. No payment will be made until the Contractor has submitted a “Statement of Intent to Pay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-___ 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection The City will periodicallyinspect thework and condition of facilities under the care of the Contractor. If the Contractor’s work or conditionsat the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond tomeetthe standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City thereferenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by March 1 (or fourweeks prior to spring operations) Periodic reports – with each invoice Annual report – annually by November 15 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be madeafterreview, approval, andauthorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth abreakdown of Work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices may be submitted monthly for 12 equalamounts fromJanuary through December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request anadjustment of the lump sum fixedfee annually, and no later than November 1st for thefollowing calendaryear. Such pricesshallbe negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent changeshallbetheU.S.DepartmentofLabor,BureauofLaborStatistics. If the City chooses to exercise the option years, the Contractor must update andpayprevailing wagesto the mostrecently published and effectiveWashington State Department of Labor& Industries rates for the next contract optionterm. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 2 GENERAL SPECIFICATIONS This Chapterdiscusses generalitems on Contractor andCity conductinexecuting the work. 2.1 WORK PLAN 2.1.1Annual Work Plan The Contractor shall submit an annual work planto theCity in accordance with Section 1.18.2 – Contractor Reports. The plan communicates who,when,and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during theyearmay benecessaryandthe Contractor is to workwith Citystaff on any necessary revisions. The Annual Work Plan should indicate such things as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. General schedules for typical, weekly routine work, for example: o mowing Balfour Park on Mondays o watering Mirabeau on Tuesday and Friday o mowing Mirabeau on Wednesdays o irrigated system inspections <by location, zone, week> Specific schedule for other task work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Seasonal Irrigation/Sprinkler System Adjustments<spring, summer, fall> o Startup and Winterization <application timeframe, i.e. month, week(s)> o Backflow testing <application timeframe> What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) Self-inspectionplan and reporting Employee uniform example 2.1.2WeeklyWork Plans If different from the Annual Work Plan, theContractor shall submit an email to City designated staff and identify weeklyworkplans indicatingwhere the Contractor willbe working and what activities will be performed. It may be sent up to one day in advance for the next work period. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 2.2 CONTRACTOR’S EMPLOYEES 2.2.1Licenses Contractorand staff whoare supplying servicesunder this agreement shall at all times possess and carry a valid driver’s license issued bythe State of Washington andhave all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utilityfacilities, adjacent property, trees,shrubbery, andmotorvehicles.In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code underpermits issued bythe City. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaints and deficiencies, with regardstothis Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone,email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractorhascorrected thelisteddeficiencies,the Contractor shall notify the designated City staffandrequest inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 2.4.2Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1CityInspections The City will periodically inspectthe condition of each area depicted in these Special Provisions. The conditions shall bemeasured basedon these Special Provisions and City staff judgment. 2.5.2Periodic Reporting The Contractor shall provide self-inspections and/orrecords ofwork it performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual reportby November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing landscaping deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7 PARK MAINTENANCE SCHEDULE The park use season is January 1 – December 31 (year-round). Active growing season shall be considered March 1 – November 15. This may vary depending on weather/use. During active growing season, the signature parks may require a maintenance presence up to seven days per week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ the hours of 6:00AM and 5:00PM. The Contractor shallwork around public use and always be courteous and respectful to park visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public thth use from 6:00AM – 9:00PM, April 15 through October 15 and from 6:00AM to 7:00PM, thth October 16 through April 14. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services.It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3 WORK SPECIFICATIONS – STANDARD MAINTENANCE IRRIGATED AREAS This Chapter describes theWork to beperformed in irrigatedareasincluding standards, schedule,quantity,and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1 General Requirements Mowing, trimming, and edging of all irrigatedturf is expected to occur weekly, or more as needed to maintain specified heights. Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc., that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1– November 15 of each year. The estimated number of mowing cycles is approximately 32-44cycles. Mowing of each area shall be completed on the same day that mowing begins. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 3.1.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming, Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. Grass clippings shall be blown from sidewalks, trails, and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs forturf, grass, trees, sprinklers, private property, and anything else that may be damaged during mowing, trimming, or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter / Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts, paper, cardboard, rocks, any plastic, rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. In addition to Debris/Litter pickup which is incidental to other work during the growing season, leaves, pine needles, and pinecones shall be swept, raked, or blown as necessary to collect and removefrom all turf areas at least two additional times per year: once in the Spring before April 1, and again in the fall afterfinal mowing has been completed. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ Accumulations of pine needles and other debris along fences shall be cleared away. 3.1.8 Measurement & Location Measurement for mowing, trimming, and edging shall beincluded inLump Sum for “Mowing, Trimming, Edging and Standard Irrigation Maintenance.” The approximate irrigated turf area for the signature park facilities is 991,594square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.1.9 Payment Payment for mowing, trimming, and edging shall be included in thelump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standardmaintenance and repair of all irrigation/sprinkler systems under this contract. Thisincludes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the irrigation zones in Balfour Park and Mirabeau Point Park. Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete, pavement, and unimproved areas shall be minimized. Standard maintenance is considered operational maintenance on all elements of the system not requiring special equipment, labor, or parts. Maintenance not covered under this section will be covered under Section 7, “Force Account Maintenance – Irrigated Areas”. This determination will be made by the City. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 3.2.2Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice, provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1General Requirements Aeration of irrigated turf in the designated park facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with ½-inch diameter core, 3 ½-inches deep, and the frequency of cores shall be 6-inches or less apart. Allowance will be made for dry or rocky conditions at the discretion of the Director. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. 3.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration shall be performed twice per year, once in the spring as th soon as conditions permit and again in the fall after August 15. The contractor shall notify the City one week prior to performing the work. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 3.3.2Measurement Measurement shall be Lump Sum for “Core Aeration.” The approximate irrigated turf area for the signature park facilities is 991,594 square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.3.3 Payment Payment shall be lump sum Contract price for “Core Aeration” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4 FERTILIZING 3.4.1General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per st year, once in the spring, before June 1 , once in the summer, and once in the fall, after st September 1. Applications shall be at optimal times and shall be outlined in the contractor’s annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if, when and how chemically sensitive individuals were notified subject to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 3.4.3Approved Fertilizer Where allowed by state law per RCW 15.54.200(2)(a) and (b): o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 Other fertilizers outside the recommended ratio can/shall be submitted to the City for approval based on soil analysis by a lab selected by contractor and approved by owner. 3.4.4Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for “Fertilizer.” The approximate irrigated area of the designated park facilities is 991,594 square feet or approximately 22 acres.See maps and tables in Appendix A for more details. 3.4.6 Payment Payment shall be lump sum Contract price for “Fertilization”and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf, trees, shrubs, and approved plantings will occur to maintain a healthy, green, and attractive landscape. All chemical spraying shall followthe state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied.The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed two times per year, applied uniformly throughout the appropriate season. Specific application timeframes shall be identified in the Annual Work Plan. Care should be taken by the Contractor to schedule treatments during hours of operation when use by the public is at its least, for example first thing in the morning. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 3.5.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-___ 3.5.5Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying.” 3.5.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.6 TREE AND SHRUB TRIMMING AND MAINTENANCE 3.6.1General Requirements Tree and shrub maintenance shall be performed by an ISA Certified Aborist. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed/replaced as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the City. 3.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least twice per year and additionally as needed to maintain a healthy, attractive appearance. 3.6.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance.”The approximate number of trees and shrubs, where known,is listed inChapter 8, Appendix A.The Contractor shall take care to inspect the signaturepark facilities to determine quantity of needed maintenance under this section. 3.6.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1General Requirements Organic/Inorganic groundcover shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Ground cover deficiencies shall be corrected no less than three times per year. Landscaping beds shall be weeded no less than six times per year. 3.7.3Measurement Measurement shall be Lump Sum for “Landscape Bed Maintenance.” The approximate total area of landscaping beds in the signature park facilities is 193,803 square feet. There are approximately 55 distinct landscaping beds on the CenterPlace grounds. See maps and tables in Appendix Afor more details. 3.7.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 4 WORK SPECIFICATIONS – STANDARD MAINTENANCE UNIMPROVED AREAS ThisChapterdescribes the Work tobe¯¤±¥®±¬¤£ ¨­ ³§¤ ´­¨¬¯±®µ¤£ ¯®±³¨®­² ®¥ ³§¤ -¨± ¡¤ ´ 0®¨­³ 0 ±ª . ³´± « !±¤  ­£ ³§¤ ­®­-¨±±¨¦ ³¤£  ±¤ ² ¨­ " «¥®´± 0 ±ª ¯§ ²¤ ΔǾ including standards, schedule, quantity,  ­£ location. 4.1 NOXIOUS WEED CONTROLAND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds as needed. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. 4.1.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: . https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-___ Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in thesample work plan in your response to the RFP per the submittal requirements. 4.1.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulationsas well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 4.1.5Measurement Measurement shall be lump sum for “Noxious Weed Control and Chemical Spraying – Unimproved Areas.” The approximate area of the unimproved portion of the Mirabeau Point Park Natural Area, which may contain noxious weeds, is shown in Chapter 8, Appendix A. Noxious weeds in the Mirabuea Park Natural Area are anticipated to be none to minimal. The Contractor should take care to inspect these areas to determine quantity of needed maintenance under this section. 4.1.6 Payment Payment shall be lump sum Contract price for “Noxious Weed Control and Chemical Spraying – Unimproved Areas” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.2 LITTER CONTROL 4.2.1General Requirements Litter includes paper, cardboard, plastic, rubber or metal, foreign objects, wood, cloth, etc. Large or otherwise visible accumulations, such as multiple items of litter in the same location or large accumulation of trash or debris, etc. shall be removed as soon as possible after being reported or noticed by the Contractor. 4.2.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly.There is a general City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ expectation that litter will always be picked up incidental to other work. 4.2.3Measurement Measurement shall be lump sum for “Litter Control –Natural Area.” The approximate areas of the unimproved portions of the Mirabeau Point Park Natural Area isshown in Chapter 8, Appendix A. 4.2.4Payment Payment shall be lump sum Contract price for “Litter Control – Natural Area” and shall be paid for furnishing all tools, labor, equipment, and materials required.Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING OF NON-IRRIGATED AREAS 4.3.1General Requirements Mowing and trimming of non-irrigated ground vegetation shall occur in Balfour Park and shall be at a height of 4-6 inches, and growth shall not exceed 8 inches between mowing and trimming intervals. 4.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The non-irrigated areas in Balfour Park areexpected to be mowed until growth ceases in the summer.The estimated number of mows is 8-12occurrences. 4.3.3Measurement Measurement shall be lump sum for “Mowing and Trimming – Non-Irrigated Areas.” The approximate area of the non-irrigated turf areas at Balfour Park is 86,057 square feet. See Chapter 8, Appendix B for additional details. 4.3.4Payment Payment shall be lump sum Contract price for “Mowing and Trimming – Non-Irrigated City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ Areas” and shall be paid for furnishing all tools, labor, equipment, andmaterials required. 5 WORK SPECIFICATIONS – HARDSCAPES, PARK FIXTURES, AND OTHER MAINTENANCE ThisChapter describes the Work to be ¯¤±¥®±¬¤£ ®­ ¯ ±ª¨­¦ «®³²Ǿ ¯ ±ª ¯ ³§¶ ¸²Ǿ ²¯®±³ ¢®´±³²Ǿ ¯ ±ª ¯« ¹ ²Ǿ ¯¨¢­¨¢ ²§¤«³¤±²Ǿ ¯¨¢­¨¢ ³ ¡«¤²Ǿ ¯ ±ª ¡¤­¢§¤²  ­£ ®³§¤± ¯ ±ª amenities including standards, schedule, quantity, and location. 5.1 SWEEPING 5.1.1General Requirements Unless otherwise noted, hard surfacesincluding parking lots, pathways, sidewalks, sport courts, and other paved or concrete surfaces shall be swept, vacuumed, or blown off as needed to maintain a clean appearance. Inspections shall be daily in conjunction with other maintenance tasks. Glass, debris, or other foreign material shall be removed immediately. Parking lots shall be swept each spring to remove all sand and other debris accumulated over the winter. The Contractor shall sweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved pathways, sidewalks, plazas, and sport courts shall be swept or blown off weekly between April 15 and October 15 and monthly between October 16 and April 14. However, due to storms, etc. all hard surfaces may require additional sweeping, which shall be the responsibility of the contractor. 5.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.1.3Measurement Measurement shall be Lump Sum for “Sweeping.” The approximate areas (sq feet) of pathways, parking lots, sidewalks, sport courts, plazas, picnic areas and other hard surfaces in the signature parks are listed in Chapter 8, Appendix A. 5.1.4Payment Payment shall be lump sum Contract price for “Sweeping” and shall be paid for furnishing City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ all tools, labor, equipment, and materials required. 5.2 GARBAGE REMOVAL 5.2.1General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containers in the signature parks. Trash containers, as noted in Chapter 8, Appendix A, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for three days. All containers shall be lined with a plastic liner and all doggie pot stations shall be replenished with compatible waste bags. Vehicle access to cans may be limited in some locations.All costs associated with garbage collection, transport, and disposal shall be the responsibility of the contractor. 5.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter control in the signatureparks shall occur at least weekly April through September and then monthly although there is a general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least three times per week (or more as may be needed per section 5.3.1 above) from April through October and two times per week (or more as may be needed per section 5.3.1 above) from November through March. 5.2.3Measurement Measurement shall be Lump Sum for “Garbage Removal.” The approximate number of trash containers and doggies pot stations in the signature parks is shown in Chapter 8, Appendix A. 5.2.4Payment Payment shall be lump sum Contract price for “Garbage Removal” and shall be paid for furnishing all tools, labor, equipment, materials,and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ Unexpected Maintenance as outlined in Chapter 7. 5.3 WEED CONTROL AND CHEMICAL SPRAYING 5.3.1General Requirements Weeds in cracks in parking lots, sidewalks, park pathways, sport courts, and other hard- scape areas shall be sprayed for eradication and control. 5.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.3.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.3.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency.Any product/chemical used shall conform to local, state, and federal laws and regulations. 5.3.5Measurement Measurement shall be Lump Sum for “Weed Control – Hardscapes.” The approximate quantity (sq feet) of hard-scape areas in the signature parks is shown in Chapter 8, Appendix A. Contractor should take care to inspect hard-scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.3.6Payment Payment shall be lump sum Contract price for “Weed Control – Hardscapes” and shall be City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-___ paid for furnishing all tools, labor, equipment, materials,and tipping fees required. 5.4 BOLLARDS,PARK BENCHES, PICNIC TABLES, PARK KIOSKS AND OTHER PARKFIXTURES AND AMENITIES 5.4.1General Requirements Bollards, gates, fences, park benches, picnic tables, decorative trash receptacles, kiosks, and other park amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Bollards shall be removed and immediately placed back in position, and gates shall be opened and then closed, whenever access is required by the Contractor for maintenance activities in the signature parks. Bollards and gates shall remain locked and not left unsecured. Park benches, picnic tables, informational kiosks, doggie pot stations, picnic tables or other park fixtures shall be wiped clean, or pressure washed when needed. Missing or damaged bollards, gates, locks,or other park fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Inspection and maintenance shall occur not less than two times per week from April through October and weekly from November through March. There is a general expectation that inspection and maintenance of park fixtures shall always occur incidental to other work. 5.4.3 Measurement Measurement shall be Lump Sum for “Bollards, Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures.” The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other parks fixtures in the signature parks is shown in Chapter 8, Appendix A. 5.4.4 Payment Payment shall be lump sum Contract price for “Bollards Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged park fixtures may City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.5 MIRABEAU SPRINGS WATERFALL AND POND 5.5.1General Requirements The Mirabeau Springs waterfall and pond have become a signature feature within the City of Spokane Valley’s Park System. The pond and waterfall requires daily maintenance when active, generally from approximately April 1 –November 1, to keep the strainer free of debris and functioning properly. Trash must be removed from the pond daily. In addition to other water quality maintenance, there may be a need to remove soap suds from the pond if encountered. If the pump fails, or problems arise with electrical or mechanical components that cause the circulation system to require special maintenance, the contractor shall notify the Administrator immediately. 5.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Pond activation and winterization will coincide with the park irrigation system activation and winterization. 5.5.3 Measurement Measurement shall be Lump Sum for “Mirabeau Springs Waterfall and Pond.” The existing water feature consists of an approximate 7,000 square foot PVC lined pond, a 24-inch diameter screened intake pipe, a wet vault with submersible pump system, an automated low water/keep-fill float, electronic controls, and a 10-inch cast iron return pipe which takes water to the top of the 60-foot natural rock outcrop. At the top of the bluff, the outfall splits into a “T” to produce two waterways supplying the falls. 5.5.4 Payment Payment shall be Lump Sum for “Mirabeau Springs Waterfall and Pond” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged system components may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1General Requirements Snow removal from parking lots, park pathways, hardscapes, and municipal sidewalks City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ associated with the signatureparksshall commence at 1” or more accumulation on level surfaces. Snow shall be removed within eighthours following the measurable accumulation of 1inch. All areas shallbe sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. Ifaccumulations interfere with parking or other use,or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. If accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request approval from Administrator or designee to forego removal. Ice Melt: Contractor shall berequired to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures onpark pathways and municipal sidewalks associated with the signature park properties to maintain free of ice during hours which that facility may reasonably be in use by the public. 5.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shall accommodate usage demand. Schedule to be worked out with Director. 5.6.3Measurement Measurement shall be Lump Sum for “Parking Lot and Sidewalk/Pathway Snow Removal.” The approximate quantity for snow removal from parking lots at Mirabeau Point Park (located at Mirabeau Meadows and the CenterPlace grounds) is 205,000 square feet. The designated municipal sidewalks and park pathways for snow removal at CenterPlace and Mirabeau Meadows are depicted in Appendix C. The approximate quantity for snow removal from parking lots at Balfour Park is 39,593 square feet. Thedesignated municipal sidewalks and parkpathways for snow removal at Balfour Park are depicted in Appendix D.Park pathways shall be cleared to a width of 6 feet. Additionally, snowshall be clearedfromthe Events Plaza/Veterans Memorial. 5.6.4Payment Payment shall be lump sum Contract price for “Parking Lot and Sidewalk/Pathway Snow Removal” and shall be paid for furnishing all tools, labor, equipment, materials, and supplies required. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 6 INSPECTION 6.1General Requirements The Contactor shall perform visual site inspectionswhen onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the Cityif any, but not limited to, the following are found or needed: Irrigation sprinkler system repair requirements Pest and disease infestation Structural Damage to drywells, catch basins, and inlets Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale Dry or dead turf in irrigated areas. Removal and replacement of bark Illegal dumping Tree, plant, or shrub removal and replacement Tree, plant, or shrub trimming Dead or Stolen Plant Material Accident cleanup Miscellaneous damage to City owned landscaping Fence damage Graffiti Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures Cracked asphalt, potholes, or crumbling edges of trail surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 “Force Account Maintenance.” The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 7 FORCE ACCOUNT MAINTENANCE 7.1. General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenanceand explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor’s intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to ISA standards. The Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: Meet the requirements of chapter 22.70 SVMC for street trees. Closely match existing trees along the corridor. Approval of the City prior to installation. Minimum of 1½ inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary),trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year,new trees will be fertilized spring and fall, then once per year for the next two years. 7.2.3Payment Payment will be made in accordance with the Contract. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 7.3 DEAD OR STOLEN PLANT MATERIAL 7.3.1General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement. No replacement plantings shall be done without consent of the City. 7.3.2Payment Payment will be made in accordance with the Contract. 7.4 PEST AND DISEASE CONTROL 7.4.1General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1General Requirements The Contractor is responsible for the operation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on those elements of the system requiring special City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ equipment, labor, or parts.Force account maintenance may include, but is not limitedtothe following: Replace special item controllers Replace water meters Deep excavation valve replacement Sub-irrigation type emitters Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, “Standard Irrigation Maintenance.” This determination will be made by the City. 7.5.2 Payment Payment will be made in accordance with the Contract. City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain tables with approximate quantities and site maps of the locations of the work to be performed under this contract. Appendix A: MirabeauPark Quantities and Site Images Appendix B: Balfour Park Phase 1 quantities and site map diagrams Appendix C: Mirabeau Point Park Snow Removal Map Appendix D: Balfour Park Snow Removal Map Appendix D1: Jan-March 2024 Balfour Park Snow Removal Map City of Spokane ValleySpecial Provisions Signature Parks Landscape Maintenance Contract 23-___ Valley Spokane of City Park Images Site Mirabeau - and B Quantities Appendix Estimated Quantities - Mirabeau Point Park 68975985563460046010043920 5 1 32 705 83 800061 7 3 1 2 430 64 6 340051290 ,,,,,,,,,, 1426524218 3 1 3 9504 7121 Mirabeau Point Park ) ) s y Maintenance Hardscape (sq ft / Kiosk (#) Fixed Table / / Bollards Flagpole Trees (#) Shrubs (#) Shelters (#) Size (Acres) Landscape Area Lights (#) Location Name Gravel Pathwa Signs Picnic Tables (#) Fence (Linear ft) Shelters (Sq Ft) Sidewalk Playgrounds (Sq Ft) Unimproved (Acres) Trash Containers (#)/ Backflow Devices (#) Irrigated Turf (Acres)Landscaping Beds (#) Unpaved Trails (sq ft) Concrete Stage (sq ft) Irrigated Turf (sq feet)Drinking Fountains (#) Benches Paved Parking (Sq Ft Landscaping Beds (Sq Ft) Parks Pathway Signature Valley Spokane of City Park Images Site Mirabeau - and B Quantities Appendix 71112 102014 20 350 164398933 7.284.19 1,932 1,156 80,00025,00045,104 317,117 a. Mirabeau Meadows Maintenance Landscape Estimated Quantities - Mirabeau Point Park - Mirabeau Meadows, 13500 E Mirabeau Pkwy. Bollards Trees (#) Shrubs (#) Shelters (#) Restrooms (#) Area Lights (#) Location Name Picnic Tables (#) Fence (Linear ft) Restrooms (Sq Ft) Shelters (Sq Ft) Unimproved (Acres)Parks LOCATION NUMBERTrash Containers (#) Backflow Devices (#) Irrigated Turf (Acres) Concrete Stage (sq ft) Irrigated Turf (sq feet)Drinking Fountains (#) Benches/ Fixed Tables Paved Parking (Sq Ft) Landscaping Beds (Sq Ft) Pathway / Sidewalk (sq ft) Signature Valley Spokane of City NORTH Park Images Site Mirabeau - and B Quantities Appendix 1185 1338 58 105514 315210800 1,899 24,69436,00070,400 434,831180,000 f. CenterPlace Grounds Estimated Quantities - Mirabeau Point Park -CenterPlace Grounds, 2426 N Discovery Place Maintenance Hardscape (sq ft) / Flagpole Bollards Trees (#)Bike Rack Shrubs (#) Shelters (#) Area Lights (#) Restrooms (#) Signs / Kiosk (#) Picnic Tables (#) Fence (Linear ft) Location Name Shelters (Sq Ft) Landscape Sidewalk Playgrounds (Sq Ft) LOCATION NUMBERTrash Containers (#) /Benches/ Fixed Tables Backflow Devices (#) Irrigated Turf (Acres)Landscaping Beds (#) Irrigated Turf (sq feet)Drinking Fountains (#) Paved Parking (Sq Ft) Landscaping Beds (Sq Ft) Parks Pathway Signature Valley Spokane of City Park Images Site Mirabeau - and B Quantities Appendix Estimated Quantities - Mirabeau Point Park - Natural Area 001 unkunk 21.18 14,166 c. Natural Area Maintenance Landscape Trees (#) Shrubs (#) Location Name Signs / Kiosk (#) Picnic Tables (#) Fence (Linear ft) Unimproved (Acres)Parks LOCATION NUMBERTrash Containers (#) Irrigated Turf (Acres) Unpaved Trails (sq ft) Irrigated Turf (sq feet)Drinking Fountains (#) Benches/ Fixed Tables Gravel Pathways (sq feet) Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Appendix C MirabeauPointPark Snow Removal: Sidewalks and Pathways Signature Parks Landscape MaintenanceCity of Spokane Valley 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 7, 2023 Introduction The City of Spokane Valley(the “City”)is seeking proposals from qualified entities for landscape maintenanceat City parks, trails, andother open spaces as described in the attached Special Provisions. The City is known for its unique array of recreational amenities that offer a diverse range of activities for all to enjoy. These include eleven developed City Parks, CenterPlace Regional Event Center, a dance hall, three outdoor swimming pools, two paved multi-modal trails, open space along the Spokane River, and undeveloped park land. The City developed a Parks and Recreation Master Plan in 2005and updated that plan in 2013 and again in 2019. With over 340 acres of park and open spaces,this is an opportunity for an entity, or multiple entities, to have a positive impact on the entire community. The work by the selected entityor entitieswillbe very visible to community members and will provide first impressions for visitors. As such, the selected entity or entities must take pride inand understand the importance ofmaintaining the parks, trails, and other open spaces to the standards and expectations of the City. This RFP isdivided into three categories, each with its own Special Provisions. Those categories are Linear Parks & Roadway Landscape Maintenance, DesignatedParks Landscape Maintenance, and Signature Parks Landscape Maintenance. Entities may submit proposals for one, two, or all three of the scopes of servicelisted in the Special Provisions. An entity that submits proposals for more than one scope of serviceis not guaranteed to be awarded allof the contracts for which it submits. For instance, the City may award zero, one, two, or three contracts to anentitythat submits proposals for all three scopes of service. The remainder of this RFP package provides information regarding submittal requirements, evaluation criteria, selection process, and Special Provisions for each scope of work. City staff will conduct initial evaluations of each proposal and bring forward recommendations to City Council. City Council retains the authority to review all proposals and select the proposal or proposals that best meet the needs and interests of the City. All contracts are subject to City Council approval. Background information The City of Spokane Valley is a non-charter code city organized under Title 35A RCW, and has a Council-Manager form of government. The City Council consists of seven members elected at- large. The Mayor is elected by theirfellow Councilmembers and serves as the Chair of the Council. The City Manager directs all City operations. The City Manager seeks at all times to develop and implement a “best practices” approach in operating the City government and to achieve a balanced, efficient, economical, and quality service delivery. The City of Spokane Valley incorporated March 31, 2003, and is currently the ninth largest city in Washington, encompassing 38.5 square miles. Its current population is approximately 107,100. The City is part of the larger Spokane metropolitan area of approximately 550,000. The City generally considers itself to be a “contract” city, with many core services provided by contract with private or other public entities. Communications All communications related to responding to this RFP are to be directed to: ohn Bottelli, Parks & Recreation Director J jbottelli@spokanevalleywa.gov 509 720-5400 Entities that wish to receive updates or addenda should emailpbischoff@spokanevalleywa.gov or call 509-720-5401 to register their contact information with the City. IfJohn Bottelli is unavailable, communications related to responding to this RFP may be directed to Patty Bischoff, Parks & Recreation Administrative Assistant, at pbischoff@spokanevalleywa.gov or 509-720- 5401. Unauthorized contact regarding this RFP with other City employees or City Councilmembers shall result in automatic disqualification. Any communications by John Bottelli or Patty Bischoff will be considered unofficial and non-binding on the City. Pertinent Attachments A.Business Statement B.Representations and Certifications C.Wage Law Compliance – Responsibility Criteria D.Example Contract and attachments E.Base Bid Schedules for corresponding scopes of service: E1 Base Bid Schedule for Linear Parks & Roadway Landscape Maintenance E2 Base Bid Schedule for Designated Parks Landscape Maintenance E3 Base Bid Schedule for Signature Parks Landscape Maintenance F.Special Provisions for corresponding scopes of service: F1SP-1 “Special Provisions for Linear Parks & Roadway Landscape Maintenance” F2SP-2 “Special Provisions for Designated Parks Landscape Maintenance” F3SP-3 “Special Provisions for Signature Parks Landscape Maintenance” General Description of Scopes of Service There are three separate scopes of servicedescribed in the three attached Special Provision documents. The following is a list of the Special Provisions, and a general description of the services soughtin each. However, this list and general description is for information purposes Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 only. Entities are directed to review and respond to this RFP by paying close attention to the details of the specific Special Provision documents to which the entity is submitting. SP-1 Special Provisions for Linear Parks & Roadway Landscape Maintenance The City is requesting proposals for complete maintenance of specified linear parks, open space, paved trails and associated trailhead parking lots such as the Centennial Trail and Appleway Trail, walkways and other facilities as indicated in SP-1. Work also includes landscape maintenance for irrigated stormwater drainage areas, open space, medians, rights- of-way, and other grassy facilities. General expectations of these services includebut are not limited tomowing, trimming, aerating, fertilizing, spraying for pests and weeds, pressurized irrigation maintenance, stormwater drainage swale inspections, litter control, pruning of trees/shrubs, edging, raking, sweeping, pressure washing, maintenance of picnic benches and trash receptacles, and snow removal of parking lots and walkways. See SP-1 “Special Provisions for Linear Parks and Roadway Landscape Maintenance.” SP-2 Special Provisions for Designated Parks Landscape Maintenance This contract is specifically for landscape maintenance and other services in designated park properties and undeveloped land as listed in the Special Provisions. The maintenance and other services include but are not limited to mowing, trimming, edging, raking, sweeping, washing, spraying for pests and weeds, aerating, fertilizing, watering, litter control, garbage removal, snow removal of parking and walkways, , storage of picnic benches and trash receptacles, placing of straw bales in winter sledding areas, and forestry operations such as trimming, removal or spraying to maintain healthy trees and shrubbery on Park and Recreation property. See SP-2 “Special Provisions for Designated Parks Landscape Maintenance.” SP-3 Special Provisions for Signature Park Landscape Maintenance This contract is specifically for landscape maintenance and other services in two of the City’s signature parks (Mirabeau Point Park & Balfour Park). The maintenance and other services include but are not limited to mowing, trimming, edging, raking, sweeping, washing, spraying for pests and weeds, aerating, fertilizing, watering, litter control, garbage removal, snow removal of parking lots and walkways, , storage of picnic benches and trash receptacles, maintenance of the Mirabeau Springs waterfall and pond, and forestry operations such as trimming, removal or spraying to maintain healthy trees and shrubbery on Park and Recreation property. See SP-3 “Special Provisions for Signature Park Landscape Maintenance.” Schedule The City anticipates the following schedule for completion of the selectionprocess, however, the schedule is subject to change at the sole discretion of the City: RFP publication date: October 9, 2023 Pre-Submittal Meeting: October 18, 2023 3:00 p.m. 10210 East Sprague Avenue, Spokane Valley, WA 99206 Rm: N212 RFP submission date: 5:00 p.m. November 7, 2023 City Staff Review: November 14, 2023 Recommendation to Council: November 21, 2023 Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 How to Respond Submit two copies of written responses no later than 5:00 p.m. on November 7, 2023 to City of Spokane Valley, Attn: John Bottelli, Parks Recreation Director, 10210 East Sprague Avenue, Spokane Valley, WA 99206. Limit written responses, excluding attachments, to 10 pages. Submittals shall be signed by authorized representatives of the responding entity. In addition to the required two hard copies, submissions may be submitted via email to John Bottelli at jbottelli@spokanevalleywa.gov. Unsigned proposals shall not be considered. Written proposals not received by 5:00 p.m. on November 7, 2023 shall not be considered by the City. The responding entity is responsible for ensuring that written responses are received by the City by the time and date specified herein and accept all risk of late delivery, regardless of fault. An entity may not withdraw its proposal after the time for submittal has passed, or before the award and execution of the contract. Submittal Requirements Submittal requirements vary depending on theSpecial Provisions for which the entity is submitting its proposaland are described below. An entity wishing to submit a proposal for more than one contract is required to submit a proposal for each category. 1. Special Provisions for Linear Parks & Roadway Landscape Maintenance A. Entity History. Describe the entity’s experience in providing landscape maintenance services, and summaries of previous work that details the entity’s capability to perform the scope of landscape maintenance services listed in the Special Provisionsfor Linear Parks & Roadway Maintenance. Please provide at least two references that the City may contact. B.Supervisor and Employees. The entity shall designate a supervisor to oversee the contract who shall have the authority to represent and act for the entity. Please provide the experience and qualifications of the designated supervisor. Provide the number of employees that will be dedicated to fulfilling the terms of the Special Provisionsfor Linear Parks & Roadway Maintenance. Provide a list of roles, qualifications, and any necessary licenses held by employees that will carry out the work described in the Special Provisions for Linear Parks & Roadway Maintenance. C. Equipment. Provide a list of equipment and vehicles that will be utilized to perform the services described in the Special Provisionsfor Linear Parks & Roadway Maintenance. Also list secured storage areas that will be utilized to store equipment and supplies for provision of these services. D. Proposed Work Plan. Provide a detailed draft work plan as described in Chapter 2, section 2.1 of the Special Provisions that demonstrates the entity’s understanding of the Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 scope of services to be provided pursuant to the Special Provisions for Linear Parks & Roadway Maintenance. E. Complete Base Bid Schedule. Provide a completed base bid schedule for the lump sum quantities indicated for this scope of service. F. Miscellaneous. Provide any other information that the entity feels is relevant to the City in making its selection. Naming of a reference is considered permission to contact the reference. The City may contact outside individuals, whether offered as references or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. 2. Special Provisions for Designated Parks Landscape Maintenance A. Entity History. Describe the entity’s experience in providing landscape maintenance services, and summaries of previous work that details the entity’s capability to perform the scope of landscape maintenance services listed in the Special Provisions for Designated Parks Landscape Maintenance. Please provide at least two references that the City may contact. B. Supervisor and Employees. The entity shall designate a supervisor to oversee the contract who shall have the authority to represent and act for the entity. Please provide the experience and qualifications of the designated supervisor. Provide the number of employees that will be dedicated to fulfilling the terms of the Special Provisions for Designated Parks Landscape Maintenance. Provide a list of roles, qualifications, and any necessary licenses held by employees that will carry out the work described in the Special Provisions for Designated Parks Landscape Maintenance. C. Equipment. Provide a list of equipment and vehicles that will be utilized to perform the services described in the Special Provisions for Designated Parks Landscape Maintenance. Also list secured storage areas that will be utilized to store equipment and supplies for provision of these services. D. Proposed Work Plan. Provide a detailed draft work plan as described in Chapter 2, section 2.1 of the Special Provisions that demonstrates the entity’s understanding of the scope of services to be provided pursuant to the Special Provisions for Designated Parks Landscape Maintenance. E. Complete Base Bid Schedule. Provide a completed base bid schedule for the lump sum quantities indicated for this scope of service. F. Miscellaneous. Provide any other information that the entity feels is relevant to the City in making its selection. Naming of a reference is considered permission to contact the reference. The City may contact outside individuals, whether offered as references or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. 3. Special Provisions for Signature Park Landscape Maintenance Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 A. Entity History. Describe the entity’s experience in providing landscape maintenance services, and summaries of previous work that details the entity’s capability to perform the scope of landscape maintenance services listed in the Special Provisions for Signature Parks Landscape Maintenance. Please provide at least two references that the City may contact. B. Supervisor and Employees. The entity shall designate a supervisor to oversee the contract who shall have the authority to represent and act for the entity. Please provide the experience and qualifications of the designated supervisor. Provide the number of employees that will be dedicated to fulfilling the terms of the Special Provisions for Signature Parks Landscape Maintenance. Provide a list of roles, qualifications, and any necessary licenses held by employees that will carry out the work described in the Special Provisions for Signature Parks Landscape Maintenance. C. Equipment. Provide a list of equipment and vehicles that will be utilized to perform the services described in the Special Provisions for Signature Parks Landscape Maintenance. Also list secured storage areas that will be utilized to store equipment and supplies for provision of these services. D. Proposed Work Plan. Provide a detailed draft work plan as described in Chapter 2, section 2.1 of the Special Provisions that demonstrates the entity’s understanding of the scope of services to be provided pursuant to the Special Provisions for Signature Parks Landscape Maintenance. E. Complete Base Bid Schedule. Provide a completed base bid schedule for the lump sum quantities indicated for this scope of service. F. Miscellaneous. Provide any other information that the entity feels is relevant to the City in making its selection. Naming of a reference is considered permission to contact the reference. The City may contact outside individuals, whether offered as references or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. Additional Submittal Requirements In addition to the submittal requirements for each scope of service, the respondent entity shall provide one copy of the following: 1. Business Statement(Attachment A to this RFP) 2. Representations and Certifications (Attachment B to this RFP) 3. Wage Law Compliance – Responsibility Criteria (Attachment C to this RFP) 4. List any adverse determinations made against the responding entity by any and all regulatory agencies, either federal or state,in the last three years including general description of the matter and resolution, and any corrective measures that may have been made as a result of such determinations. Evaluation Criteria The entity’s response to each scope of service will be evaluated by City staff as set forth immediately below in order for staff to make recommendations to City Council: Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 1. Entity and individual qualifications, capabilities, and past experience. 30points. 2. Understanding of the scope of services as demonstrated by submittal response. 15 points. 3. Cost of services. 55 points. The following formula will determine the amount of points awarded for this category: Price of Lowest Cost Proposal Price of Proposal Being Evaluated x 55 points = Awarded Points Pricing proposals for each individual scope of services shall be based on that scope alone. The City understands that there may be price benefits if you are awarded multiple contracts due to economies of scale. You may include any information regarding this in your submittal. The city may consider any cost benefits in bundling two or three proposals together. The evaluation criteria above is solely for staff to form recommendations to be presented to City Council. City Council retains the authority to review all proposals and select the proposal or proposals that best meet the needs and interests of the City. All contracts are subject to City Council approval. The City reserves the right to utilize new or revised evaluation criteria at its sole discretion. Responding entities may be requested to interview with members of the Proposal Evaluation Committee. Addenda, Modifications and Clarifications 1. The City reserves the right to change the RFP schedule or issue addenda to the RFP at any time. All such addenda will become part of the RFP. The City will provide notification of addenda in the same manner as distribution of the RFPand will be emailedto any prospective bidders who have provided their contact information through registration. It is the responder’s responsibility to confirm as to whether any addenda have been issued. The City also reserves the right to cancel or reissue the RFP. 2. The City reserves the right to request that any responding entity clarify its proposal or to supply any additional material deemed necessary to assist in the evaluation and risk assessment of the proposal, and the entity. Modification of a proposal already received will be considered only if the modification is received prior to the submittal deadline. Evaluation and Selection The City reserves the right to award the contract to the responding entity which best meets the needs and interests of the City, or to reject all responses as set forth below. The following steps are anticipated: Step 1. Receipt and review of proposals and written responses. Step 2. City follow-up with respondents and possible interviews. Step 3. Initial reference and information check. Step 4. Selection of entity. Step 5. Negotiation of contract. Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 NOTE: Selection of provider and approval of contract is subject to City Council approval. Contract Please note that the City expects all submitting entitiesto consent to the City contract, terms and conditions, and does not anticipate agreeing to any modifications or exceptions. Any exceptions or modifications to the contract proposed by an entity must be noted in the responsive submittal. The City reserves the right to negotiate and revise any or all contract terms and conditions prior to contract signature. Insurance Requirements As noted in the proposed contract.. Rejection of Proposals The City reserves the right to reject any or all submittals, portions, or parts thereof. The City reserves the right to obtain services through other means. Non-Collusion Submittal and signature of a proposal swears that the document and proposal is genuine and not a sham or collusive, and not made in interest of any person not named, and that the responding entity has not induced or solicited others to submit a sham offer, or refrain from proposing. No Costs The City shall not be responsible for any costs incurred by any respondents in preparing, submitting, or presenting its response to the RFP or interview process, if applicable. The City shall not be responsible for any costs incurred by the responding entity selected by the City prior to the date of the contract. Non-Endorsement As a result of the selection of a responding entity, the City is neither endorsing nor suggesting the responding entity’s services are the best or only solution. The responding entity agrees to make no reference to the City in any literature, promotional material, brochures, sales presentation or the like without prior express written consent from the City. Ownership of Documents Any reports, studies, conclusions and summaries submitted by the responding entity shall become the property of the City. Public Records Under Washington State law, the documents (including all such items as described in RCW 42.56.010 for the term “writing”) submitted in response to this RFP (the “documents”) become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted by a specific provision of law. If the City receives a request for inspection or copying of the documents, it will promptly notify the person submitting the documents to the City (by U.S. mail and electronic mail if the person has provided an e-mail Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 address) and upon written request of such person, received by the City within five days of the providing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of such documents. The City assumes no contractual obligation to enforce any exemption. Assurance of Non-Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, including the Department of the Treasury’s Title VI regulations, 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents, hereby notifies all entities that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and all others will be afforded full and fair opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in consideration for an award. The City of Spokane Valley in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing John Whitehead at jwhitehead@spokanevalleywa.gov or by calling 509-720-5111. Request for Proposals for Landscape Maintenance – Parks, Trails and Open Spaces Spokane Valley, WA Publication Date: October 9, 2023 Attachment A BUSINESS STATEMENT Please complete and submit with your response. 1. Name of business: 2. Business address: 3. Phone: Business fax: e-mail: 6. Name of owner: 4. Business classification (check all that apply): Individual ______ Partnership______ Corporation ______ 5. Washington State UBI number: 6. Washington State Contractors License Number: ____________________ 7. Federal Tax Identification Number:______________________________ 8. State Industrial Account Identification Number:____________________ 9. State Excise Tax Number:_____________________________________ 10. Employment Security Department Number:_______________________ 11. City of Spokane Valley Business License Number:__________________ (required prior to contract execution) 12. Does the company maintain insurance in amounts specified by the City contract: Yes: No: (General liability insurance of at least $2,000,000 per occurrence; $2,000,000 aggregate, Combined Single Limit (CSL); Automobile liability of at least $1,000,000 per accident CSL; Professional Liability, if applicable, of at least $2,000,000.) If no, describe the differences: 13. Are there claims pending against this insurance policy? Yes: No: If yes, please explain the nature of the claims: 14. Has the company or anybody in the company ever been disqualified or terminated by any public agency? Yes: No:__________ 15. Proposal offers shall be good and valid until the City completes the award or rejects the proposals. Failure to concur with this condition may result in rejection of the offer. Does the firm accept this condition? Yes: No: I certify that to the best of my knowledge, the information contained in this proposal is accurate and complete, and that I have the legal authority to commit this company to a contractual agreement. SIGNATURE: Date: _________________ PRINT NAME AND TITLE OF SIGNER: Attachment B REPRESENTATIONS AND CERTIFICATIONS I __________________, declare under penalty of perjury under the laws of the State of Washington that the following Representations and Certifications are true and correct: REPRESENTATION: I am the _______________(position) for __________________ (company name), (hereinafter “Entity”), and have been duly authorized to make all such representations and certifications herein on behalf of the Entity. Any reference herein to “I,” “me,” or “we” means the Entity. ANTI-KICKBACK REPRESENTATION: No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this submittal, has, nor will they acquire any interest in this submittal, or have solicited, accepted or granted a present or future gift, favor, service, or other thing of value from or to any person involved in this submittal. REPRESENTATION: In submitting this proposal I represent that the proposal documents have been read and understood, that the site has been visited and or that I have become familiarized with the local conditions under which the work is to be performed, that by signature of this proposal I acknowledge all requirements and that I or authorized representatives of the Entity have signed all certificates contained herein. NON-COLLUSION: That the Entity and all associated members, officers, and employees of such Entity have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. I CERTIFY that pursuant to RCW 39.04.350(1)(d) and RCW 39.06.010, no final determination of violation of RCW 50.12.070(1)(b), 51.16.070(1)(b), or 82.32.070(2) has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the closing of this request for proposals. I understand further that no proposal may be submitted, considered or contract awarded for a public work to any person or entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this request for proposal closing. I CERTIFY that the Entity is not in violation of RCW 39.04.350(1)(d) and RCW 39.12.065(3) with regard to payment of prevailing wages. I CERTIFY that pursuant to RCW 39.04.350(1)(f), all necessary members, officers, and employees of the Entity have: CHECK ONE: ____ Completed the appropriate training on prevailing wage and public works requirements prior to contract award; or ____ Completed three or more public works projects and has held a valid Washington business for three or more years. A copy of evidence of such training or exemption from the Department of Labor and Industries has been attached to this Representation and Certification Form. Training is available online at www.lni.wa.gov. I CERTIFY that pursuant to RCW 39.06.020, if selected, I will verify the responsibility criteria for all subcontractors as set forth in RCW 39.04.350(1). I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to commit this Entity to a contractual agreement. I understand that the Entity may not withdraw its proposal after close of the submittal period or before the award and execution of the contract. I realize the final funding for any service is based upon budget levels and the approval of the City of Spokane Valley. I CERTIFY that by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. Signed on the ___ day of ________, 2023 at ______________, _____ (city or county) (state) Name: _________________________________________________ Person and entity submitting proposal (print) Signature: ______________________________________________ Title: ________________________________ Attachment C Contractor Certification Wage Law Compliance - Responsibility Criteria FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty ofperjury under the laws of the State of Washington,on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Request for Proposals. Bidder Name: ________________________________________________ ______ Name or Contractor/Bidder – Print full legal entity name of firm By: __________________________________________ _______________________________________________ Signature of authorized Print Name of person making certifications for firm Title:________________________________________ Place: ________________________________________ Title of person signing certificate Print city and state where signed Date: ______________________________ Attachment D LANDSCAPE MAINTENANCE AGREEMENT \[Applicable Scope of Service\] <Name of Contractor> THIS AGREEMENT(the “Agreement”) is made by and between the City of Spokane Valley, a code city of the State of Washington (“City”) and _______________________________, (“Contractor”) jointly referred to as the “Parties”. IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies and equipment and other items necessary for the \[Applicable Scope of Service\] (hereinafter “Work”) in accordance with the Contract Documents. The Contract Documents include theSubmittal Response, Addenda, Special Provisions, InsuranceCertificates,andthe PerformanceandPaymentBonds which are by this reference incorporated herein and made part hereof (the “Contract Documents”), and shall perform any changes in the work in accordancewith the Contract Documents.The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the compensationset forth in the Contractor’s bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for completing the Work and related activities provided for in the Contract Documents (exceptthose items mentioned therein to be furnished by the City) to City’s satisfaction. The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, State and federal standards, codes, ordinances,regulations and lawsas now existing or as may be adopted or amended. Contractor acknowledges review of the Contract Documents and accepts the same. 2.Term of Contract. This agreement shall be in full force and effect beginning January 1, 2024, and shall remain in effect for three years, with oneadditional three-year renewal optionwhich may be exercised by the City Manager or designee. Renewals, if any, shall coincide with the calendar year. Either Party may terminatethis Agreement with a minimum of 90days’ written notice atany time during a contract term. In the event of such termination, the City shall pay the Contractor forall work previously authorized and satisfactorily performed prior to the termination date. 3. Liquidated Damages. See section 4, Compensation, and section 5, Payment for detailsregarding incompleteor unsatisfactory Work. 4. Compensation. Contract shall be compensated as follows: (a)The City shall pay the Contractorup to$________ annuallyinclusive of sales tax, at the then current rate, for as full compensation forall Work as identified in the Contract Documents. Compensation may be adjusted pursuant to the Special Provisionsfor subsequent contract years or renewals. If Parks Maintenance Agreement 2024Page 1 of 9 Contractor does not provide services hereunder for a full calendar year, then the payment due under this subparagraph shall be prorated. (b)Force account maintenance work. Upon the request of the City for the Contractor to complete specific workoutside the scope of the lump sum contract, the City shall pay the Contractor on a time andmaterials basisfor all work completed and materialsused based on an estimate provided by the Contractorand approved by the City. Force account maintenanceshallnot exceed $25,000. 5. Payment. Contractor shall be paid in monthly installments. The Contractor shall submit invoices to the City which document the work performed for the previousmonth. The City shall pay the Contractor within 30 days of receipt of aproperly submitted invoice that has been approved by the City, except as described in section 5(a) and 5(b) below. Upon request, the Contractor shall providefurther documentation to support the invoice. (a) Pursuant to RCW 60.28 et seq.,5% of the compensation due Contractor shall be retained by City and administered in accordance with applicable Washington law. (b) The City reserves the right to withholdpaymentunder thisAgreement for that portion of the Work (if any) which is determined in the reasonable judgment of the Contract Administratorto be incomplete or noncompliant with the Contract Documents,Special Provisions,City standards,City code, or federalor state standards. The amount withheld shallbe determined in the reasonable judgment of the Contract Administrator, based on the estimated value of the incomplete or noncompliant work, which was not timely remedied pursuant to section 2.4of theSpecial Provisions. 6. Notice. Noticeother than applications for paymentshall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson, City Clerk Name: Phone: (509)921-1000 Phone: Address: 10210East Sprague Ave Address: Spokane Valley,WA 99206 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codesandregulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions. A. By executing this Agreement, the Contractorcertifies to thebest of its knowledge and belief, that it and its principals: 1. Are not presentlydebarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from coveredtransactions 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 or 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 statues or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Parks Maintenance Agreement 2024Page 2 of 9 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 inparagraph (A)(2) of this certification; and 4. Have not withina 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. 9. Prevailing Wages onPublic Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage,asspecified by the Industrial Statistician ofthe Washington State Department of Labor and Industries (“L&I”). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality fromthe Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractorshall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claimsrelated to its failure to comply with chapter 39.12RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable tothis public works project, published by L&I are located at the L&I website address: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B. This Projectis located in Spokane County. C. The effectiveprevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates isalso available for viewing at the offices of City located at 10210 East Sprague, SpokaneValley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood, agreed,and declared that Contractor shall bean 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 Contractor. Any and all employees whoprovide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct andactions of all its employees under this Agreement and any liabilitythatmay attach thereto. As such, the Contractor shall besolelyresponsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, including, but not limited to, those promulgated under the Washington Industry Safety and Health Act, chapter 49.17 RCW, and Title 296 WAC. 11. Ownership of Documents. All drawings, plans, specifications, and otherrelated documents prepared by Contractor under this Agreement are and shall be the property of City andmay be subject to disclosure Parks Maintenance Agreement 2024Page 3 of 9 pursuant to chapter42.56RCW, or other applicable public record laws. 12. Records. The City or State Auditor or any oftheir representatives shall have full access to and the right to examineduring normal business hoursall of Contractor’s records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records andtomake audits of all contracts, invoices,materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed orinstalled under this Agreementare free from defect or failure for a period of one year following final acceptance by City, unless asupplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. Inthe event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construedto establish a periodof limitation with respect to Contractor’s other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registeredand bonded by the State of Washingtonat all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bondeachin the full amount of the contract on the City’s bond forms, which shall be executed and attached to this Agreement as part of the Contract Documents. 16. Insurance. Contractorshall procure and maintain for the duration of the Agreement, insurance against claims for injuries topersons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liabilityinsurance covering all owned, non-owned, hired, and leased vehicles. Coverage shallbewritten on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insuranceshall be written on ISO occurrence formCG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for 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 equivalent coverage. 3.Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintainthe following insurance limits: Parks Maintenance Agreement 2024Page 4 of 9 1.Automobile liabilityinsurance with a minimum combined single limit for bodily injury and property damage ofno less than$1,000,000 per accident. 2. Commercial general liabilityinsurance shall be written with limits no less than $1,000,000 each occurrence,$2,000,000 general aggregate, andno less thana $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1.Contractor’s insurance coverage shall be primary insurance withrespectto City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor’sinsurance and shall not contribute with it. 2.Contractor shall fax or send electronically in .pdf formata copy of insurer’s cancellation notice within two business days of receipt by Contractor. 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 ofCoverage. As evidence of the insurance coverages required by thisAgreement, Contractorshall furnish acceptable insurance certificates to City at the time Contractorreturns the signed Agreement, which shall be attached to this Agreement as part of the Contract Documents. The certificate shall specify all of the parties who are additional insureds, and shallinclude applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall beprovided to City. Contractorshall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 17. Criminal Background Checks. Contractor agrees that itshall not ask or direct any person to go to any City Parkproperty inthe performance of this Agreement, whether the person is an employee or volunteer, unless that personhas passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18. Indemnification and Hold Harmless. Contractor shalldefend, indemnify and holdthe City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arisingout of or in connection with the performance of this Agreement, exceptfor injuries and damages caused by the sole negligence of the City. 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW,solely for the purposes 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. Parks Maintenance Agreement 2024Page 5 of 9 19. Waiver. No officer, employee, agent or other individual actingon behalf of either party has the power, right orauthority to waive anyofthe 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 timeany of the provisions of this Agreement or to requireat any time performance by the other party of any provision hereofshall 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. 20. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities ofthis Agreement or the benefits receivedhereunder without first obtaining the written consent of the other party. 21. Confidentiality. Contractormay, from time to time, receive information which is deemed by City to be confidential. Contractorshall not disclose such information without theprior express written consent of City or upon order of a Court of competent jurisdiction. 22. Disputes. All disputes arising under or related to this Agreementthat cannot be resolved through informal discussion and negotiations shall be resolved by litigation filedinthe Superior Courtfor Spokane County, unless otherwise required by applicable federal or state law. 23. Subcontractor Responsibility. 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, meetsthe 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 contractorlicense if required by chapter 70.87 RCW. This verification requirement must be included inevery subcontract of every tier. 24. Jurisdiction and Venue. This Agreementis entered into in Spokane County, Washington. Venue shall be in Spokane County, State ofWashington. 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties. 26. Anti-kickback. No officer or employee ofCity, having the power orduty 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. 27. Business Registration. Prior to commencement of Workunder this Agreement, Contractorshall register with theCity as a business. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself,its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below (“Pertinent Non-Discrimination Authorities”) relative to non-discrimination in Parks Maintenance Agreement 2024Page 6 of 9 federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall notdiscriminate on the grounds of race, color, or national originin the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor 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, ornegotiation made by Contractor 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 Contractor of Contractor’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify tothe City orthe WSDOT, as appropriate, and shall set forth what efforts it hasmade to obtain the information. E. Sanctions for Noncompliance. Inthe event of a Contractor'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 Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials andleases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the Cityor theWSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. Inaddition, Contractor may request the United States to enter into the litigation to protectthe interests of the United States. G. Pertinent Non-DiscriminationAuthorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Parks Maintenance Agreement 2024Page 7 of 9 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, nationalorigin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of personsdisplaced or whose property has been acquired because of Federalor Federal-aid programs and projects); Federal-AidHighway 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); Airportand 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); 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 FederalAviation 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 andLow-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 TitleVI, you must take reasonable steps to ensure that LEP persons have meaningful access toyour 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 ofsex in education programs or activities (20 U.S.C. §1681 et seq.). Parks Maintenance Agreement 2024Page 8of 9 29. Severability. If any section, sentence, clause or phrase of this Agreement should be heldto 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 ofthis Agreement. 30. Attachments. Attachments and Exhibits incorporated into this Agreement are: Contract Documents The Parties have executed this Agreementthis day of__________, 2023. CITY OF SPOKANEVALLEY: Contractor: Mark Calhoun, CityManager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Parks Maintenance Agreement 2024Page 9 of 9 BOND NO: CONTRACTOR’S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to _____________________________________ (Contractor), as Principal, a contract for the construction of the project designated as (PROJECT NAME), Project No. (Project #)in Spokane Valley, Washington, and said Principal is requiredunder the terms of the Contract to furnish a payment bond in accordancewith 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. TreasuryDept., 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. Thispaymentbond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordancewith chapters39.08 and 39.12RCW,including all workers, laborers, mechanics, subcontractors, andmaterialmen, 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, extensionof 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 SignatureDateSurety SignatureDate PrintedNamePrinted Name Title Title Name, address, and telephone of local office/agent of Surety Company is: BOND NO: CONTRACTOR’S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to _____________________________________ (Contractor), as Principal, a contract for the construction of the project designated as (PROJECT NAME), Project No. (Project #)in Spokane Valley, Washington, and said Principal is requiredunder 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 theFederal 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. Thisperformance 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 andconditions 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 Contractandshallindemnify 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 forthe officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR)SURETY Principal SignatureDateSurety SignatureDate PrintedNamePrinted Name Title Title Name, address, and telephone of local office/agent of Surety Company is: Attachment E1 BaseBidSchedulefor Annual Linear Parks and Landscape Maintenance Bid Schedule A: Roadway Landscaping ITEM # ITEM DESCRIPTION UNITS QTY. PRICE/UNIT TOTAL 1 Mowing, Trimming, Edging and Standard Irrigation LS 1 Maintenance – Roadway LandscapeFacilities 2 Core Aeration– Roadway Landscape Facilities LS 1 3 Fertilization – Roadway Landscape Facilities LS 1 4 Weed Control and Chemical Spraying – Roadway LS 1 LandscapeFacilities 5 Tree and Shrub Trimming and Maintenance – LS 1 Roadway Landscape Facilities $ Subtotal Bid Schedule B: Linear Parks PRICE/UNITTOTAL ITEM # ITEMDESCRIPTION UNITS QTY. 6 Mowing, Trimming, Edging and Standard Irrigation LS 1 Maintenance – Irrigated Linear ParkFacilities 7 Core Aeration– Irrigated Linear Park Facilities LS 1 8 Fertilization – Irrigated Linear Park Facilities LS 1 9 Weed Control and Chemical Spraying – Irrigated LS 1 Linear Park Facilities 10 Tree and Shrub Trimming and Maintenance – LS 1 Irrigated Linear Park Facilities 11 Landscape Bed Maintenance – Irrigated Linear Park LS 1 Facilities 12 Noxious Weed Control and Chemical Spraying – LS 1 Unimproved Linear ParkFacilities 13 Litter Control – Unimproved Linear Park Facilities LS 1 14 Mowing and Trimming – Unimproved Linear Park LS 1 Facilities 15 Tree and Shrub Pruning and Maintenance – LS 1 Unimproved Linear ParkFacilities 16Sweeping – Paved Trails LS 1 17 Vegetation Control – Paved Trails LS 1 18Garbage Removal – Paved Trails LS 1 19 Weed Control and Chemical Spraying – Paved Trails LS 1 20 Benches, Kiosks and Trail Fixtures Maintenance LS 1 21Parking Lot and Sidewalk/Pathway Snow Removal LS 1 $ Subtotal 22 Force Account Maintenance & Repairs EST $ 25,000 $25,000 City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ Attachment E1 Bid Schedule A: Bid Schedule B: Force Account: $25,000 *BID TOTAL: *(Items 1-21 are the cost for the contract. Item 22 is then added for the total cost. Item 22 may or may not be utilized during the contract term.) Person/Entity Name: Signature of Bidder: __________________ Company: Date: _____________________________ City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ Attachment E2 BaseBidSchedulefor Annual Designated Parks and Landscape Maintenance ITEM # ITEMDESCRIPTION UNITS QTY. PRICE/UNIT TOTAL 1 Mowing, Trimming, Edging and Standard Irrigation LS 1 Maintenance 2 Core Aeration LS 1 3 FertilizationLS 1 4 Weed Controland Chemical Spraying LS 1 5 Tree and Shrub Trimming and Maintenance LS 1 6 Landscape Bed MaintenanceLS 1 7Noxious Weed Control and Chemical Spraying –LS1 Unimproved Areas 8Litter Control–Unimproved AreasLS1 9 Mowing and Trimming – Unimproved Areas LS 1 10 Sweeping LS 1 11Garbage Removal LS 1 12 Weed Control – Hardscapes LS 1 13 Bollards Park Benches, Picnic Tables, Park Kiosks LS 1 and Other Park Fixtures 14 Valley Mission Sledding Hill LS 1 15Parking Lot and Sidewalk/Pathway Snow Removal LS 1 16 Force Account Maintenance & Repairs EST $ 25,000 $25,000 *BID TOTAL: *(Items 1-15 are the cost for the contract. Item 16 is then added for the total cost. Item 16 may or may not be utilized during the contract term.) Person/Entity Name: Signature of Bidder: __________________ Company: Date: _____________________________ City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Attachment E3 BaseBidSchedulefor Annual Signature Parks and Landscape Maintenance ITEM # ITEMDESCRIPTION UNITS QTY. PRICE/UNIT TOTAL 1 Mowing, Trimming, Edging and Standard Irrigation LS 1 Maintenance 2 Core Aeration LS 1 3 FertilizationLS 1 4 Weed Controland Chemical Spraying LS 1 5 Tree and Shrub Trimming and Maintenance LS 1 6 Landscape Bed MaintenanceLS 1 7Noxious Weed Control and Chemical Spraying –LS1 Unimproved Areas 8Litter Control–Unimproved AreasLS1 9 Mowing and Trimming – Non-Irrigated Areas LS 1 10 Sweeping LS 1 11Garbage Removal LS 1 12 Weed Control – Hardscapes LS 1 13 Bollards Park Benches, Picnic Tables, Park Kiosks LS 1 and Other Park Fixtures 14 Mirabeau Springs Waterfall and Pond LS 1 15Parking Lot and Sidewalk/Pathway Snow Removal LS 1 16 Force Account Maintenance & Repairs EST $ 25,000 $25,000 *BID TOTAL: *(Items 1-15 are the cost for the contract. Item 16 is then added for the total cost. Item 16 may or may not be utilized during the contract term.) Person/Entity Name: Signature of Bidder: __________________ Company: Date: _____________________________ City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ SPECIAL PROVISIONS FOR LINEAR PARKS & ROADWAY LANDSCAPE MAINTENANCE Proposals Due: 5:00 p.m., November 7, 2023 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®­³± ¢³ ¬ ­ ¦¤¬¤­³ ¯±®µ¨²¨®­² andrequirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for the complete maintenance of specified linear parks, open space, and paved trails including the Centennial Trail and Appleway Trail, and associated trailhead parking lots, walkways and other facilities operated by the Parks and Recreation Department, which includes the City Gateway at the intersection of E. Appleway Blvd and Thierman Road. General expectationsof these servicesinclude: mowing trimming edging spraying for pests and weeds aerating fertilizing pressurized irrigation maintenance and repair litter control tree/shrub pruning and maintenance raking sweeping pressure washing maintenance of picnic benches and trash receptacles snow removal of parking lots and walkways The City is also soliciting bids with this same contract for roadway landscape maintenance of irrigated stormwater drainage areas, open space, medians, rights-of-way, and other grassy facilities operated by the Public Works Department and generally supportingthe City’s roadway system. General expectations of these services include: mowing trimming edging spraying for pests and weeds aerating fertilizing pressurized irrigation maintenance and repair litter control tree/shrub pruning and maintenance raking swale inspections City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract.The work description above isnot all inclusive but is representative of a comprehensive landscape service and maintenance contract. This contract does not include janitorial services for park restrooms and park reservations. 1.2 OBJECTIVE The objective of this linear parks and roadway landscaping contract is to provide consistently well- maintained spaces that are clean, healthy, and safe. The City is seeking a high-quality contractor that is responsive, reliable, and provides superior service. 1.3 GENERAL INFORMATION These Special Provisions focus on maintenance of the paved Centennial Trail and Appleway Trail, their associated amenities (benches, parking lots, trail crossings, etc.), as well as irrigated rights of way and road frontages within the City. The Centennial Trail is a 40-mile paved trail that runs from the Idaho State Line to Nine Mile Falls, Washington. The City maintains approximately 6.85 miles of the Centennial Trail within the City’s municipal boundaries through an Inter-Agency Agreement with Washington State Parks and three other jurisdictions. The Appleway Trail is approximately 6.4 miles long, beginning at North Farr Road on the west end, then running easterly along Appleway Avenue, and continuing eastward through the former Milwaukee Railroad Right- of-Way to the westerly boundary of the City of Liberty Lake. Both trails include various paved and gravel parking lots, trail access points, improved turf and landscaping areas, and related pathways, sidewalks, and plazas. The various irrigated rights of way and roadway landscape areas comprise approximately 14 acres of additional irrigated turf. 1.4 CONTRACT TYPE This Contractis a lump sum fixed fee, purchased service-type Contract.Prevailing wagesare required to be paid to the Contractor’s employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. Contractor to Provide Performance and Payment Bonds. The contractor shall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5 MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ with our citizenry. 2. Firms must have sufficientequipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge ofand compliance withfederal, state, and local laws and regulations including but not limited to pesticide applications,licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel for the linear park facilities and by Public Works Department personnel for the roadway landscape facilities following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1 Subcontractors The Contractor shall neithersubcontract nor assign any obligation or interest in this agreement without theprior written approval of the City. All subcontracted work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contract includes these parts: The Linnear Parks and Roadway Landscape Maintenance Agreement, Submittal Response, Addenda, these Special Provisions, Insurance Certificates, and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 1.9 CONTRACT TERM The contractshall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days’ written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10COMPENSATION Thelumpsumfixedpriceitemsincludeallsupplies,labor,material,components,equipment, insurance and bondcosts, and appurtenances necessary tocomplete theserviceswhichshall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractorreaffirmsmeeting all requiredqualifications and will remain qualifiedthroughout the duration ofthe Contractand subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shallimmediately informtheAdministratorof thechange in qualification status. The Contractor shall also supply in writing to theAdministrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractoracknowledges visiting theworkareasandbecoming fullyacquaintedwith site conditions to understandthe facilities,difficulties, and restrictionsattending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the sites and get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her original proposedbidor to this contract. 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreedin writing,theContractor is expectedtoprovide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 1.13.1 Support Facilities TheCitywillnotprovideequipmentstorage,shopfacilities,workspace,oroffice spaceaspart of this contract. The Contractor willbe responsible for providing allsupportfacilities at theirown location(s).The Contractorshallfurnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 EquipmentIdentification All vehicles used by the Contractormust beclearly identifiedwith the name of the company. 1.14VERIFICATION OFCOMPLIANCE Non-compliancewithany applicablelaw, rule, permit requirement,or regulationrelatedto this work shall be reported to the City immediately. The City may requirethat theContractor provide a reportof the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor andshall be disposed of in amanner consistent with federal, state,and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make,at any time during thecontract term, such changesin quantities and such alterations in these Special Provisionsas are necessary to satisfactorily complete themaintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance andPayment Bond, andthe Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: Deleting any part of the maintenance work Increasing or decreasing quantities Altering Special Provisions Altering the way the maintenance work is to be done Adding new maintenance work Altering facilities, equipment, materials, services, or sites, provided by the Contracting Agency City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ Ordering the Contractorto speed up or delay the maintenance work Anychange that affectstheoverallContracteffortand amount of maintenance workto be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation ofany change unless orderedby the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ th The contractor shall use rates effective November 7, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewalcontractexecution. No payment will be made until the Contractor has submitted a “Statement of Intent to Pay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection The City will periodicallyinspect the work andcondition of facilities under the care of the Contractor. If the Contractor’s work or conditions at the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond tomeet the standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ madewhole withinthe time specified,the Administratorreservestherightto withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City the referenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by March 1 (or fourweeks prior to spring operations) Periodic reports – with each invoice Annual report –annually by November 15 Contractor reports shall distinguish between the two unique schedules of work included in this contract: linear parks and roadway landscaping. 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be madeafterreview, approval, andauthorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth abreakdown of work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices shall distinguish between two unique work schedules: Roadway Landscaping and Linear Parks. Invoices for work in the roadway landscaping facilities may besubmitted monthly for 9 equal amountsfrom Aprilthrough November. Invoices for work in the linear park facilities may be submitted monthly for 12 equal amounts from Januarythrough December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request anadjustment of the lump sum fixedfee annually, and at renewal, and no later than November 1st for thefollowing calendar year. Such prices shall be negotiated by the City and Contractor and shall notbe increased or decreased bymorethan the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. If the City chooses to exercise the option years, the Contractor must update andpayprevailing wagesto the mostrecently published and effectiveWashington State Department of Labor& Industries rates for the next contract optionterm. 2 GENERAL SPECIFICATIONS This Chapterdiscusses generalitems on Contractor andCity conductinexecuting the work. 2.1 WORK PLAN 2.1.1Annual Work Plan City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ TheContractorshallsubmit anannualworkplanto theCityin accordance with Section 1.18.2 – Contractor Reports. The plan communicates who,when,and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during theyearmay benecessaryandthe Contractor is to workwith Citystaff on any necessary revisions. The Annual Work Plan should indicate such things as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. Generalschedulesfortypical, weeklyroutinework, forexample: o mowingSprague (areas1420 and1430)on Mondays o watering Mission (area 1460) on Tuesday and Friday o mowing City Gateway (area CG-1) on Mondays o irrigated systeminspections <by location, zone, week> Specificschedule forothertaskworkthat is not weekly,for example: o Aeration<application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Winterization <application timeframe, i.e. month, week> o Backflow testing <application timeframe> What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) Self-inspection plan and reporting Employee uniform example 2.1.2WeeklyWork Plans IfdifferentfromtheAnnualWorkPlan, theContractorshallsubmitanemailto City designated staff and identify weeklyworkplans indicatingwhere the Contractor willbe working and what activities will be performed. It may be sent up to one day in advance for the next work period. 2.2 CONTRACTOR’S EMPLOYEES 2.2.1Licenses Contractorand staff whoare supplying servicesunder this agreement shall at all times possess and carry a valid driver’s license issued bythe State of Washington andhave all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utilityfacilities, adjacent property, trees,shrubbery, andmotorvehicles.In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code underpermits issued bythe City. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaints and deficiencies, with regardstothis Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone,email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may bee-mailed, hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. 2.4.2Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement.. 2.5 INSPECTIONS & REPORTING Contractor reports shall distinguish between the two unique schedules of work included in this contract: linear parks and roadway landscaping. Either a singular report or two separate reports is acceptable. 2.5.1 City Inspections City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ TheCitywill periodicallyinspecttheconditionof eacharea depicted in theseSpecial Provisions. The conditions shall bemeasured basedon these Special Provisions and City staff judgment. 2.5.2Periodic Reporting The Contractor shall provide self-inspections and/orrecords ofwork it performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual reportby November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing landscaping deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7PARK MAINTENANCE SCHEDULE The park use season isJanuary 1 –December 31(year-round). Active growing season shall be considered March 1 – November 15. This may vary depending on weather/use. During the active growing season, linear parksand trailsmay require a maintenance presence up to sevendaysper week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between the hours of 6:00AM and 5:00PM. The Contractor shallwork around public use and always be courteous and respectful to park visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public thth use from 6:00AM –9:00PM, April 15 through October 15 and from 6:00AM to 7:00PM, thth October 16 through April 14. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ the success of this contract.Changes in quantities or service levelsmay, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3WORK SPECIFICATIONS –STANDARD MAINTENANCE IRRIGATED AREAS This Chapterdescribes thework to be performed in irrigated areas including standards, schedule,quantity,and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1 General Requirements Mowing, trimming, and edging of all irrigated turf (roadway landscaping sites, linear park trailheads and improved trail crossings and City Gateway) is expected to occur weekly. Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc., that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1– November 15 of each year. The estimated number of mowing cycles is approximately 32 cycles. Mowing of each area shall be completed on the same day that mowing begins. 3.1.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 3.1.4 Trimming, Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. Grass clippings shall be blown from sidewalks, trails, and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs forturf, grass, trees, sprinklers, private property, and anything else that may be damaged during mowing, trimming or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter / Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts, paper, cardboard, rocks, any plastic, rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. 3.1.8 Measurement& Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for “Mowing, Trimming, and Edging and Standard Irrigation Maintenance” as applicable to Roadway Landscape Facilities and Linear Park Facilities. Approximate turf area for roadway landscape facilities is 559,770square feet. The approximate turf area for irrigated linear park facilities is 42,754 square feet. See maps and tables in the Appendices for more details. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 3.1.9Payment Payment for mowing, trimming, and edging shall be included in the lump sum Contract price for “Mowing, Trimming, and Edging and Standard Irrigation Maintenance” (separately) for Roadway Landscape Facilities and Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standard maintenance and repair of all irrigation/sprinkler systems under this contract. This includes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the following Roadway and Stormwater Landscaping zones as shown in Appendix A:zones1310, 1340, 1410, 1420, 1430, 1480, 1490, 1570, and 1580;and the Linear Park location shown in Appendix F: CG-1 (City Gateway). Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete, pavement, and unimproved areas shall be minimized. Standard maintenance is considered operational maintenance on all elements of the system not requiring special equipment, labor, or parts. Maintenance not covered under this section will be covered under Section 7, “Force Account Maintenance –Irrigated Areas”. This determination will be made by the City. 3.2.2Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ receive approval from the City based on need and weather conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice, provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” (separately) for Roadway Landscape Facilities and Linear Park Facilitiesand shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1General Requirements Aeration of the bottoms of bio-infiltration, roadside swale facilities, and irrigated trailhead or trail crossing facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with ½-inch diameter core, 3 ½-inches deep, and the frequency of cores shall be 6-inches or less apart. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. 3.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration of trailhead and trail crossing facilities shall be performed twice per year, once in the spring as soon as conditions permit and again in the fall after th August 15. Aeration of Roadway Landscape Facilities shall be performed once per year and must coincide with either the spring or fall aeration schedule described above. The contractor shall notify the City one week prior to performing the work. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 3.3.2Measurement Measurement shall be Lump Sum for “Core Aeration” as applicable to Roadway Landscape Facilities and Linear Park Facilities. Approximate area of roadway landscape facilities is 279,663 square feet. Approximate area of linear park facilities is 42,754 square feet. See maps and tables in the Appendices for more details. 3.3.3 Payment Payment shall be lump sum Contract price for “Core Aeration” (separately) for Roadway Landscape Facilities and Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4FERTILIZING 3.4.1General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per st year, once in the spring, before June 1, once in the summer, and once in the fall, after st September 1. Applications shall be at optimal times and shall be outlined in the contractor’s annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if, when and how chemically sensitive individuals were notified pursuant to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 3.4.3Approved Fertilizer City Approved List: o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 Other N-P-K fertilizers outside the recommended ratio can/shall be submitted to the City for approvalbased on soil analysis by a lab selected by contractor and approved by owner. 3.4.4Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for “Fertilizer” as applicable to Roadway Landscape Facilities and Linear Parks Facilities. The approximate turf area of roadway landscape facilities is 559,770 square feet. The approximate area of the irrigated City Gateway and linear park trailheads and trail crossing facilities is 42,754 square feet. 3.4.6 Payment Payment shall be lump sum Contract price for “Fertilization” (separately) for Roadway Landscape Facilities and Irrigated Linear Park Facilitiesand shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf, trees, shrubs, and approved plantings will occur to maintain a healthy, green, and attractive landscape. All chemical spraying shall followthe state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed four times per year, applied uniformly throughout the appropriate season, except for the Roadway Landscape zones specified herein, which are to receive only two applications per year: zones 1270, 1280, 1330, 1350, 1360, 1365, 1370, 1460, 1470, 1540, 1590, and 2570. Specific application timeframes shall be identified in the Annual Work Plan. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: . Choice of https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 3.5.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 3.5.5 Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying” as applicable to Roadway Landscape Facilities and Irrigated Linear Park Facilities. City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 3.5.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying” (separately) for Roadway Landscape Facilities and Irrigated Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.6 TREE AND SHRUB TRIMMING AND MAINTENANCE 3.6.1General Requirements Tree and shrub maintenance is on an “as needed basis”. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed/replaced as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the City. Contractor shall make an ISA Certified Arborist available as needed. 3.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least once per year in the spring. 3.6.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance” as applicable to Roadway LandscapeFacilities and Irrigated Linear Park Facilities.The approximate number of trees and shrubs in roadway landscapefacilities is listed in Chapter 8 –Appendix B.The approximate number of trees and shrubs in irrigated City Gateway, Linear Park trailheads and trail crossing facilities is listed in Chapter 8 –Appendix F and Appendix D. 3.6.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” (separately) for Roadway LandscapeFacilities and Irrigated Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1General Requirements Organic/Inorganic groundcover in linear park trailheads and trail crossing facilities shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Ground cover deficiencies shall be corrected no less than three times per year. Landscaping beds shall be weeded no less than three times per year. City Gateway shall be planted with annuals in the spring and kept weed free throughout the growing season. 3.7.3Measurement Measurement shall be Lump Sum for “Landscape Bed Maintenance.” The approximate area of the irrigated City Gateway, linear park trailheads and trail crossing facilities is 28,353 square feet. 3.7.4Payment Payment shall be lump sum Contract price for “Landscape Bed Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4 WORK SPECIFICATIONS – STANDARD MAINTENANCE UNIMPROVED AREAS This Chapterdescribes thework to be ¯¤±¥®±¬¤£ ¨­ ³§¤ &®±¬¤± -¨«¶ ´ª¤¤ 2 ¨«±® £ Right-of-7 ¸ ¶§¨¢§ ¢®­³ ¨­² ³§¤ !¯¯«¤¶ ¸ 4± ¨«  ­£ ¨­ ³§¤ -¸±³«¤ 0®¨­³ . ³´± « !±¤  ¶§¨¢§ ¢®­³ ¨­²   ¯®±³¨®­ ®¥ ³§¤ 3¯®ª ­¤ 2¨µ¤± #¤­³¤­­¨ « 4± ¨«,  ² ¶¤««  ² ³§¤ ­ ³´± «  ±¤ ² ²´±±®´­£¨­¦ ³§¤ Ι #¤­³¤­­¨ « 4± ¨« 4± ¨«§¤ £²  ­£ 4± ¨« !¢¢¤²² 0®¨­³² ¨­ ³§¤ City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ City, including standards, schedule,quantity,and location. 4.1 NOXIOUS WEED CONTROLAND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds along the Appleway Trail and throughout the unimproved areas of the Former Milwaukee Railroad Right-of-Way. Additionally, the Contractor shall control noxious weeds along the Centennial and throughout the City- owned Myrtle Point Natural Area and the natural areas surrounding the 6 Centennial Trail trailheads / trail access points within the City.All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. 4.1.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf . Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 4.1.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulationsas well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 4.1.5Measurement Measurement shall be lump sum for “Noxious Weed Control and Chemical Spraying– Unimproved Linear Park Facilities.” The approximate areas of the unimproved Former Milwaukee Railroad Right-of-Way and the Myrtle Point Natural Area, both of which may contain noxious weeds, are shown in Appendices D and E. 4.1.6 Payment Payment shall be lump sum Contract price for “Noxious Weed Control and Chemical Spraying” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.2 LITTER CONTROL 4.2.1General Requirements Litter includes paper, cardboard, plastic, rubber or metal, foreign objects, wood, cloth, etc. Large or otherwise visible accumulations, such as multiple items of litter in the same location, dumped mattress or appliance, largeaccumulation of trash or debris, etc. shall be removed as soon as possibleafter being reported or noticed by contractor. 4.2.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly.There is a general expectation that litter will always be picked up incidental to other work. 4.2.3Measurement Measurement shall be lump sum for “Litter Control – Unimproved Linear Park Facilities.” The approximate areas of the unimproved Former Milwaukee Railroad Right-of-Way and City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ the Myrtle Point Natural Area, are shown in Appendices D and E. 4.2.4Payment Payment shallbe lump sum Contract price for “Litter Control –Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, andmaterials required.Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING 4.3.1General Requirements Mowing and trimming of ground vegetation in the unimproved (un-irrigated) Former Milwaukee Railroad Right-of-Way along the Appleway Trail and the city-owned parcel between Mirabeau Parkway and the Centennial Trail shall be at a height of 4-6 inches and growth shall not exceed 10 inchesbetween mowing and trimming intervals. Due to uneven surfaces and natural obstructions in these areas a variety of equipment such as flail mowers and hand trimmers may be required. 4.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The entire Appleway Trail corridor from University Rd to the Liberty Lake City Limits is expected to be mowed until growth ceases in the summer. The estimated number of mows is 6-8 occurrences . 4.3.3Measurement Measurement shall be lump sum for “Mowing and Trimming –Unimproved Linear Park Facilities.” The approximate area of the unimproved Former Milwaukee Railroad Right- of-Way is 30.65 acres and the City-owned parcel between Mirabeau Parkway and the Centennial Trail (parcel 45101.9068) is 1.11 acres. 4.3.4Payment Payment shall be lump sum Contract price for “Mowing and Trimming – Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ materials required. 4.4 TREE AND SHRUB TRIMMING AND MAINTENANCE 4.4.1General Requirements Tree and shrub maintenance in the unimproved areas of the Former Milwaukee Trail Right- of-Way (Appleway Trail Corridor) is on an “as needed basis”. Trees and shrubs that are encroaching on trails or diseased, dead/dying shall be trimmed or removed as appropriate. Cityshall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerousconditions regarding trees shall be correctedimmediately or reported to the City.Contractor shall make an ISA Certified Arborist available as needed. 4.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least once per year in the spring. 4.4.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance – Unimproved Linear Park Facilities.” The approximate number of trees and shrubs in the unimproved areas of the Former Milwaukee Railroad Right-of-Way (Appleway Trail Corridor) are shown in Appendices D and E. 4.4.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance –Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and materials required. 5 WORK SPECIFICATIONS – PAVED TRAILS, TRAIL CROSSINGS, AND TRAILHEAD PARKING LOT MAINTENANCE This Chapter describes the work tobe ¯¤±¥®±¬¤£ ®­ ³§¤ ¯®±³¨®­ ®¥ ³§¤ #¤­³¤­­¨ « 4± ¨« ³§ ³ ±´­² ³§±®´¦§ ³§¤ #¨³¸ ®¥ 3¯®ª ­¤ 6 ««¤¸  ² ¶¤««  ² ³§¤ !¯¯«¤¶ ¸ 4± ¨«, including standards, schedule, quantity, and location. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 5.1 SWEEPING 5.1.1General Requirements Unless otherwise noted, hard surfacesincluding parking lots, pathways, sidewalks and paved trail surfacesshallbe swept, vacuumed or blown off as needed to maintain a clean appearance. Parking lots shall beswept each spring to remove all sand, leaves, pinecones, and other debris accumulated over the winter. The Contractor shallsweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved trail and pathway surfaces shall be swept at least four times per year. However, due to storms, etc. hard surfacesmay require additional sweeping,which shallbe the responsibility of the contractor. 5.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Paved parking lots shall be swept a minimum of two times per year and paved trails and pathways shall be swept a minimum of four times per year. 5.1.3Measurement Measurement shall be Lump Sum for “Sweeping –Paved Trails.” The approximate areas (sq feet) of paved trails, pathways, sidewalks and parking lots associated with the Appleway and Centennial Trail is listed in Appendices D and E. 5.1.4Payment Payment shall be lump sum Contract price for “Sweeping – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, and materials required. 5.2 VEGETATION CONTROL 5.2.1General Requirements Appleway Trail and Centennial Trail shoulders shallbe mowed, trimmed,or sprayed as needed to eradicate weeds, and remove vegetation for a minimum of two feet on each side of the Trail and associated public trail spur connections. Vegetation shall be cut back further if necessary to maintain line-of-sight for safety on curves. Overhanging tree limbs shall be cut to maintain a minimum clearance of 10 feet. Hazardous trees shall be removed City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ pursuant to ISA standards. 5.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Generally vegetation control needs are more intensive along the Centennial Trail corridor. Trimmingof weeds and grasses, brushcontrol,and tree limb clearingshall occur a minimum of three times per year. 5.2.3Measurement Measurement shall be Lump Sum for “Vegetation Control – Paved Trails.” The approximate length (miles) of the Appleway and Centennial Trails is shown in Appendices D & E. 5.2.4Payment Payment shall be lump sum Contract price for “Vegetation Control – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, and materials required. Hazardous tree removalmay be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.3 GARBAGE REMOVAL 5.3.1General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containersand doggie pot stationsalong the Appleway and Centennial Trails. Trash containers,as noted in Appendices D & E are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for four days. All containers shall be lined with a plastic liner and all doggie pot stations shall be replenished with compatible waste bags. Vehicle access to cans may be limited in some locations.All costs associated with garbage collection, transport, and disposal shall be the responsibility of the contractor. 5.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter control along trails shall occur at least weekly April through City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ September and then monthly although there isa general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least twotimes per week (or more as may be needed per section 5.3.1 above) from April through October and weekly (or more as may be needed per section 5.3.1 above) from November through March. 5.3.3Measurement Measurement shall be Lump Sum for “Garbage Removal – Paved Trails.” The approximate number of trash containers and doggies pot stations on the Appleway and Centennial Trails is shown in Appendices D & E. 5.3.4Payment Payment shall be lump sum Contract price for “Garbage Removal – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, materials and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.4 WEED CONTROL AND CHEMICAL SPRAYING 5.4.1General Requirements Weeds in cracks in parking lots, sidewalks, paved trails and other hard-scape areas shall be sprayed for eradication and control. 5.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.4.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf . Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of City of Spokane Valley Bid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.4.4Herbicide Safety Applications shall be made only by trained and licensed employeesfollowingall state and federal regulationsas well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency.Any product/chemical used shall conform to local, state, and federal laws and regulations. 5.4.5Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying – Paved Trails.” The approximate quantity (sq feet) of hard-scape areas on the Appleway and Centennial Trails is shown in Appendices D & E. Contractor should take care to inspect hard-scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.4.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, materials,and tipping fees required. 5.5 BOLLARDS AND OTHER TRAIL FIXTURES AND AMENITIES 5.5.1General Requirements Trail bollards, benches, picnic tables, mile markers, decorative trash receptacles, and other trail amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Trail Bollards shall be removed and immediately placed back in position whenever access is required by the Contractor on the trails. Bollards shall remain locked and not left unsecured. Benches, picnic tables, informational kiosks, doggie pot stations, picnic tables or other trail fixtures shall be wiped clean, or pressure washed when needed. Missing or damaged bollards or locks or other trail fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5.5.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ Work Plan, see section 2.1.1.Inspection and maintenance shall occur not less thantwo times per week from April through October and weekly from November through March. There is a general expectation that trail fixtureinspection and maintenance shall always occur incidental to other work. 5.5.3Measurement Measurement shall be Lump Sum for “Bollards and Other Trail Fixtures and Amenities.” The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other trail fixtures on the Appleway and Centennial Trails is shown in Appendices D & E 5.5.4Payment Payment shall be lump sum Contract price for “Bollards and Other Trail Fixtures and Amenities” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged fixtures may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1 General Requirements Snow removal from trailhead parking lots, trailhead pathways and plazas, and municipal sidewalks associated with trailheads and trail crossings and the City Gateway shall commence at 1” or more accumulation on level surfaces. Exceptions: paved sections of the Centennial Trail and Appleway Trail are not plowed in winter. Snow shall be removed within eighthours following the measurable accumulation of 1”. All areas shallbe sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. If accumulations interfere with parking or other use, or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. If accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request approval from Administrator or designee to forego removal. Ice Melt: Contractor shall berequired to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures onmunicipal sidewalks associated with linear park properties including theCity Gatewayand other areas, as may be designated, to maintain free of ice during hours which that facility may reasonably be in use by the City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ public. 5.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shallaccommodate usage demand. Schedule to be worked out with Director. 5.6.3Measurement Measurement shall be Lump Sum for “Parking Lot and Sidewalk/Pathway Snow Removal.” The approximate quantities (sq feet) of parking lots, plazas, pathways, and sidewalksassociated with the Appleway Trail trailheads and trail crossings, the Centennial Trail trailheadsand trail property frontages, and the City Gateway is shown in Appendices D & E & F. 5.6.4Payment Payment shall be lump sum Contract price for “Parking Lot and Sidewalk/Pathway Snow Removal” and shall be paid for furnishing all tools, labor, equipment, materials, and supplies required. 6 INSPECTION 6.1 General Requirements The Contactor shall perform visual site inspections when onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the Cityif any, but not limited to, the following are found or needed: Irrigation sprinkler system repair requirements Pest and disease infestation Structural Damage to drywells, catch basins, and inlets Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale Dry or dead turf in irrigated areas. Removal and replacement of bark Illegal dumping City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ Tree, plant, or shrub removal and replacement Tree, plant, or shrub trimming Dead or Stolen PlantMaterial Accident cleanup Miscellaneous damage to City owned landscaping Fence damage Graffiti Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures Cracked asphalt, potholes, or crumbling edges of trail surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 “Force Account Maintenance.” The determination of whether the work is unanticipated maintenance shall be made by the City. TheCity may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. 7 FORCE ACCOUNT MAINTENANCE 7.1 General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenanceand explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements, which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor’s intent to remove any trees or shrubs prior to starting work. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to ISA standards Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: Meet the requirements of chapter 22.70 SVMC for street trees. Closely match existing trees along the corridor. Approval of the City prior to installation. Minimum of 1½ inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary), trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year, new trees will be fertilized spring and fall, then once per year for the next two years. 7.2.3 Payment Payment will be made in accordance with the Contract. 7.3 DEAD OR STOLEN PLANT MATERIAL 7.3.1General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the materialis beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement. No replacement plantings shall be done without consent of the City. 7.3.2Payment Payment will be made in accordance with the Contract. City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ 7.4 PEST AND DISEASE CONTROL 7.4.1General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1General Requirements The Contractor is responsible for the operation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on those elements of the system requiring special equipment, labor, or parts. Force account maintenance may include, but is not limited to the following: Replace special item controllers Replace water meters Deep excavation valve replacement Sub-irrigation type emitters Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, “Standard Irrigation Maintenance.” This determination will be made by the City. 7.5.2Payment Payment will be made in accordance with the Contract. 8 LOCATIONS AND ESTIMATED QUANTITIES City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ The attachedappendices containsite specific exhibit maps, and associated tablesdetail the approximate quantities and the locations of the work to be performed under this contract. Appendix A: Map of Roadway and Stormwater Landscaping Sites Appendix B: Table of Estimated Quantities for Roadway and Landscaping Sites Appendix C: Map of Linear Park Facilities and City Gateway Site Appendix D: Table of Estimated Quantities for Appleway Trail Locations Appendix E: Table of Estimated Quantities for Centennial Trail Locations Appendix F: Table of Estimated Quantities for City Gateway Site City of Spokane ValleyBid Proposal Documents Linear Parks and Roadway Landscape Maintenance Contract No.: ________ #1#1 Spokane Spokane County #3County #3 East Spokane East Spokane Water MetersWater District Fence Cyclone 0No-- 40Yes3Vera40Yes1Vera40Yes3Vera90No3Irvin30Yes4Consolidated unkNo--unkNo--unkYes1unkYesModernunkNo3VeraunkYes4VeraunkNo2VeraunkNo4unkNo4Modern900No1Consolidated900No2ConsolidatedunkNo3ConsolidatedunkNo1Consolidated Heads NetafimNo2NetafimNo2 Sprinkler (approx.) , ------ _ Fir Pine Sentry unknownunknown Greenspire Hornbeam Cherry, Maple, shrubs & bushesshrubs & bushes Maple, Orn. PearMaple, Orn. Pear Green/Purple Ash, Hornbeam, Orn. PearHornbeam, Orn. PearHornbeam, Orn. Pear Pine, shrubs & bushes ETC.) (SF)TOTAL AREA (SF)Trees (approx.)Tree Types Area (TREES, SHRUBS, BARK, Other Landscape 10/4/2023 Page 1 of 1 Appendix B (SF)SWALE TURF (SF)TOTAL TURF (SF) SIDE SLOPE TURF ROADWAY LANDSCAPING SERVICES QUANTITIES (approx.) 198,66281,445279,663559,77077,808637,57864840 FLAT TURF (SF) POND BOTTOM/ Totals: LOCATION NAME 1270Sullivan Road, 24th to 16th Roadside Swalesn/an/a20,90020,900020,90001280Sullivan Road, S 424 & 502, Roadside Swales (2)n/an/a3,6003,60003,60001300Willamette Road Bio-Infiltration Strip6,200006,20006,200191310Appleway, Dora to Park, Roadside Swalesn/an/a26,10026,100026,10051133016th & Dishman-Mica Bio-Infiltration Facility (1)9,50016,000025,500025,500411340Appleway Swales, Farr to University n/an/a11,20011,200011,2000135016th, Pines to Keller Bio-Infiltration Facilities (4)7,10018,900026,000026,00001360Evergreen, 16th to 6th Bio-Infiltration Facilities (3)66,4005,700072,100072,1004136516th, Warren to Sullivan Bio-Infiltration Facilities (4)25,50020,500046,00012,20058,20011370Sullivan, 16th to 4th Roadside Swalesn/an/a12,30012,3001,00013,300131410S prague, Park to Thierman Roadside Swalesn/an/a42,16342,163042,163781420Sprague, Park to Argonne Park Stripsn/an/a25,70025,700025,700921430Sprague, Mullan to University Park Stripsn/an/a49,40049,40004 9,4001401460Mission near Progress Bio-Infiltration Facility (1)21,1000021,10028,80049,90001470Broadway, Moore to Flora Bio-infiltration Facilities (4)9,6001,000010,60019,70030,30001480Appleway, Sprague to Barker Roadside Swalesn/an/a44,30044,300044,300971490Appleway, Barker to City Limit Roadside Swalesn/an/a40,00040,000040,0001001540Pines & Mansfield Bio-Infiltration Facilities (6)30,8000030,800030,80001570Mission/Flora Roundabout Bio-Infiltration Facilities (4)12,4621,745014,20716,10830,315121590Barker, I-90 to Jackson Bio-Infiltration Facilities (4)10,00017,600027,600027 ,60002570Sullivan Bridge, SW Corner Swale__4,0004,000_4,000_ NUMBER LOCATION Fixed Tables Benches / Area Lights 1 3 1 1 2 1 1 2 1 1 2 2 3 2 3 1 1 1 1 30 Doggie Stations 7 168 2 2 2 2 2 2 5 2 2 2 2 2 2 1 21 27,98415,72042,444 Gravel 1 Trail (sq ft)Bike Racks 14 1 2 2 2 1 2 2 2 1 2 2 1 1 1 6 86,148 412 6,193 / Plazas (sq feet)Bollards 32 1 2 2 2 2 2 2 2 1 1 2 2 2 2 2 2 Sidewalks 7,2007,9447,824 32,38015,80431,53615,32415,03617,48415,60015,48031,15223,556 (sq ft) Paved Trail 13 6 3 4 15 8 8 8 6 8 8 17 13 4 9 18,076 ) Ft.) Gravel 1,558 Parking (Sq Paved (Sq Ft) Parking 13,740 16,152 264,564 (Sq Ft) Restrooms 30,732 6,098 7,405 13,504 Drinking 1,570 240 1,159 1,906 1,199 437 3,927 581 Fountains Trash Appendix D Containers 9 2 236 1 10,153 1,341 1 1 1,089 1,047 162 1 1,794 1 2 502 Beds (Sq Ft) 2 2 1 2 2 1 2 1 1 2 2 1 1 2 22 Landscaping Shrubs (approx.) 180 205 196 28,353 Linear Park Quantities - Appleway Trail (approx. Trees (approx.) 53 32 31 13 37 37 53 15 124 21 33 55 62 52 193 1 812 (Acres) 28 10 14 50 30 21 36 23 36 28 14 24 27 12 21 466 Unimproved 2,3024,1083,8842,0892,4273,8233,5391,7751,4311,3162,3221,2471,2361,8939,362 feet) Turf (sq Irrigated 1,516 1,638 1,838 1,200 1,975 2,428 2,861 1,687 835 848 1,047 2,082 1,569 2,135 4,694 30.65 Size (Acres) 5.18 2.48 0.94 1.10 4.72 1.43 2.33 1.44 0.95 1.30 1.52 3.22 1.92 0.60 1.52 37 17 38 42,754 Length (Miles) 0.86 5.92 2.99 1.33 1.48 5.60 1.98 2.96 2.00 1.50 1.75 1.96 4.06 2.56 0.87 2.20 2.34 1.59 4.50 48.45 d d d d APPROX. TOTALS6.28 University Rd TrailheaBowdish Rd CrossingS Union Rd CrossingRobie Rd CrossingPines Rd Crossing & TrailheaMcDonald Rd CrossingBlake Rd CrossingEvergreen Rd CrossingBest Rd Crossing & TrailheaAdams Rd CrossingProgress Rd CrossingSullivan Rd CrossingConklin Rd CrossingSteen Rd CrossingFlora Rd CrossingTschirley Rd Crossing & Trailhea ATC-1 ATS-1University to Bowdish0.50 ATC-2 ATS-2Bowdish to S Union0.25 ATC-3 ATS-3S Union to Robie0.11 ATC-4 ATS-4Robie to Pines0.13 ATC-5 ATS-5Pines to McDonald0.51 ATC-6 ATS-6McDonald to Blake0.25 ATC-7 ATS-7Blake to Evergreen0.25 ATC-8 ATS-8Evergreen to Best0.28 ATC-9 ATS-9Best to Adams0.22 AT-ExtFarr to University0.62 ATC-10 ATS-10Adams to Progress0.25 ATC-11 ATS-11Progress to Sullivan0.26 ATC-12 ATS-12Sullivan to Conklin0.50 ATC-13 ATS-13Conklin to Steen0.38 ATC-14 ATS-14Steen to Flora0.13 ATC-15 ATS-15Flora to Tschirley0.26 ATC-16 ATS-16Tschirley to Greenacres0.44ATS-17Greenacres to Barker0.27ATS-18Barker to Ridgeline HS0.67 NUMBERLocation Name LOCATION Note: "ATC" = Appleway Trail CrossingNote: "ATS" = Appleway Trail SectionNote: "AT-Ext" = Appleway Trail Extension 1 Connects Spur Trail Kiosk Signs / 2 6 Fixed Tables 1 2 1 1 1 4 10 Benches/ Picnic Tables 19 Doggie Stations 2 1 2 1 5 1 1 1 1 2 2,4961,2101,0622,717 ) (sq ft)Bollards Sidewalk Pathway / 2 3 2 1 7 4 28 Trail 52,800 (sq ft) Paved 2 3 3 7 4 3 20,434 Ft) Gravel 1,453 361,680 Parking (Sq Ft) Paved 12,020 2,193 20,322 Parking (Sq (Sq Ft) Restrooms 20,322 29,260 Appendix E 126 11,720 126 Drinking FountainsRestrooms 52,800 44,880 3 Trash Containers 52,800 52,800 52,800 52,800 2 17,540 1 3 11111211121 0.856 Length (Miles) Linear Park Quantities - Centennial Trail (approx. Mile 6-7Mile 7-8Mile 8-9Mile 9-10Mile 10-11Mile 11-12Mile 12-13Totals54.986.8518 NumberLocation NameSize (Acres)Parcel ID Location CTM-6CTH-1Barker Rd Trailhead0.5655083.90631CTM-7CTH-2Flora Rd Trailhead0.6555073.0458CTM-8CTH-3Old Mission Trailhead0.18N/A (ROW)1CTM-9CTH-4Sullivan Trailhead0.13N/A (ROW)1CTM-10CTH-5Mirabeau Springs Trailhead21.2845101.90953CTM-11CTH-6Mirabeau Meadows Trailhead45101.90952CTM-12CTNA-1Spokane Valley Vacant Parcel1.1145101.9068CTNA-2Mytrtle Point Natural Area31.0745046.9062CTH: Centennial TrailheadCTM: Centennial Trail MileCTNA: Centennail Trail Natural Area (sq ft)Area Lights Gravel Roadway ft)Signs Paved Trail / Sidewalks (sq Beds (Sq Ft) Landscaping Shrubs (approx.) Trees (approx.) Appendix F feet) Turf (sq Irrigated 0.6114907411784264180240 Size (Acres) y Linear Park Quantities - Gity Gateway (approx.) CG-1West City Gatewa NUMBERLocation Name LOCATION SPECIAL PROVISIONS FOR DESIGNATED PARKS LANDSCAPE MAINTENANCE Proposals Due: 5:00 p.m., November 7, 2023 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®­³± ¢³ ¬ ­ ¦¤¬¤­³ ¯±®µ¨²¨®­² andrequirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for landscape maintenance servicesin designated parks, open spaces, and natural areas operated by the Parks and Recreation Department. General expectations of these services include: mowing trimming edging spraying for pests and weeds aerating fertilizing turf reseeding and rehabilitation pressurized irrigation maintenance and repair backflow device testing mowing non-turf (unimproved) areas litter control garbage removal tree/shrub pruning landscaping bed maintenance raking sweeping pressure washing maintenance of picnic tables, benches, trash receptacles, and other park fixtures snow removal of parking lots and sidewalks placing haybales in winter sledding areas Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract.Thework description above isnot all inclusive but is representative of a comprehensive landscape service and maintenance contract. 1.2 OBJECTIVE The objective of this designated parks landscape maintenance contract is to provide exceptional parks that are “clean, green, and open.” The City is seeking a high-quality contractor that is responsive, reliable, and provides superior service. The successful contractor will consistently improve the quality of maintenance across the City’s Parks and Recreation System for its programs, residents and visitors. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 1.3 GENERAL INFORMATION These Special Provisionsfocus on general landscapemaintenance ofcertain neighborhood parks, community parks, natural open space areas, and currently undeveloped park properties encompassing a total area of approximately 180 acres. Park improvements include irrigated turf, landscaping beds, trees and shrubs, pathways, parking lots, picnic shelters, sport courts, playgrounds, splash pads, and other amenities such as picnic tables, benches, bleachers, trash receptacles, and fencing. These properties support a wide range of recreational opportunities for City residents and visitors including passive and active recreation, organized programs, summer day camps, youth sports camps, special events and park reservations. A 16-court sand volleyball complex at Browns Park is programmed and operated by the Evergreen Regional Volleyball Association and requires careful coordination with park maintenance contractor(s). The City also owns three outdoor pools: Terrace View Pool, Park Road Pool, and Valley Mission Pool. The City pools are maintained and operated by the Valley YMCA through a separate agreement. Additionally, there are three other special use facilities that are maintained and operated by outside entities through agreements with the City: Splashdown Family Water Park within Valley Mission Park, and a Western Dance Hall and Radio-Controlled Car Track at Sullivan Park. The specific park properties included in the scope of services for this contract are: Browns Park (8.2 acres) located at 3101 S. Pines Road Castle Park (2.7 acres) located at 6415 S. University Roa d Edgecliff Park (4.7 acres) located at 800 S. Park Road Greenacres Park (8.6 acres) located at 1311 N. Long Road Sullivan Park (16.1 acres) located at 1901 N Sullivan Road th Terrace View Park (9.2 acres) located at 13525 E. 24 Ave. Valley Mission Park (23.3 acres) located at 11123 E. Mission Avenue Valley Mission Park South Property (7.23 acres) located 11202 E Mission Ave. Park Road Poolgrounds(2 acres)located at 906 N Park Road MyrnaPark(12 acres)located at 22310 E. Saltese Lake Road(outside City limits) Flora future park property (46.2 acres) located approx. 2600 N Flora Road th Avenue Ponderosa future park property(17.6 acres) located at 11515 E. 47 Summerfield future park property (24.5 acres) located approx. 5201 N Progress 1.4 CONTRACT TYPE This Contractis a lump sum fixed fee, purchased service-type Contract.Prevailing wagesare required to be paid to theContractor’s employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Contractor to Provide Performance and Payment Bonds. The contractorshall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to pesticide applications, licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior writtenapproval of theCity.Allsubcontractedwork will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contractincludes these parts: TheDesignated Parks Landscape Maintenance City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Agreement,Submittal Response, Addenda,these Special Provisions, Insurance Certificates,and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mentionit specifically. 1.9 CONTRACT TERM The contractshall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days’ written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bondcosts, and appurtenances necessary tocomplete theserviceswhichshall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractorreaffirmsmeeting all requiredqualifications and will remain qualifiedthroughout the duration ofthe Contractand subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shallimmediately informtheAdministratorof thechange in qualification status. The Contractor shall also supply in writing to theAdministrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractoracknowledges visiting theworkareasandbecoming fullyacquaintedwith site conditions to understandthe facilities,difficulties, and restrictionsattending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, ortovisitthesitesandgetacquaintedwithconditionsexistingthereinandverifyingproject area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her originalproposedbidorto this contract. 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ SUPPORTFACILITIES Unless stated otherwise and agreedin writing,theContractor is expectedtoprovide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. 1.13.1 Support Facilities The City will not provide equipment storage, shop facilities, workspace, oroffice spaceaspart of this contract. The Contractor willbe responsible for providing allsupportfacilities at theirown location(s).The Contractorshallfurnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 EquipmentIdentification All vehicles used by the Contractormust beclearly identifiedwith the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliancewithany applicablelaw, rule, permit requirement,or regulationrelatedto this work shall be reported to the City immediately. The City may requirethat theContractor provide a reportof the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor andshall be disposed of in amanner consistent with federal, state,and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make,at any time during thecontract term, such changesin quantities and such alterations in these Special Provisionsas are necessary to satisfactorily complete themaintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance andPayment Bond, andthe Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: Deleting any part of the maintenance work Increasing or decreasing quantities Altering Special Provisions City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Altering the way the maintenance work is to be done Adding new maintenance work Alteringfacilities, equipment, materials,services, or sites, provided by the Contracting Agency Ordering the Contractorto speed up or delay the maintenance work Any change that affects the overall Contract effort and amount of maintenance work to be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation ofany change unless orderedby the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ th The contractor shall use rates effective November 7, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewalcontractexecution. No payment will be made until the Contractor has submitted a “Statement of Intent to Pay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ TheCitywill periodicallyinspecttheworkandcondition of facilitiesunderthecareofthe Contractor. If the Contractor’s work or conditionsat the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond tomeetthe standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City the referenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by March 1 (or fourweeks prior to spring operations) Periodic reports –with each invoice Annual report –annually by November 15 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be madeafterreview, approval, andauthorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth abreakdown of Work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices may be submitted monthly for 12 equalamounts fromJanuary through December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request anadjustment of the lump sum fixedfee annually, and no later than November 1st for thefollowing calendaryear. Such pricesshallbe negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. If the City chooses to exercise the option years, the Contractor must update andpayprevailing wagesto the mostrecently published and effectiveWashington State Department of Labor& Industries rates for the next contract optionterm. 2 GENERAL SPECIFICATIONS This Chapterdiscusses generalitems on Contractor andCity conductinexecuting the work. 2.1 WORK PLAN 2.1.1Annual Work Plan The Contractor shall submit an annual work planto theCity in accordance with Section City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 1.18.2 –Contractor Reports.Theplan communicateswho,when,andhowtheContractor will complete all planned work during the course of the year. Adjustments to the plan during theyearmay benecessaryandthe Contractor is to workwith Citystaff on any necessary revisions. The Annual Work Plan should indicate such things as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. General schedules for typical, weekly routine work, for example: o mowing Valley Mission Park on Mondays o wateringSullivan Parkon TuesdayandFriday o mowing Castle Parkon Wednesdays o irrigated system inspections <by location, zone, week> Specific schedule for other task work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Winterization <application timeframe, i.e. month, week> o Backflow testing <application timeframe> What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) Self-inspection plan and reporting Employee uniform example 2.1.2WeeklyWork Plans If different from the Annual Work Plan, theContractor shall submit an email to City designated staff and identify weeklyworkplans indicatingwhere the Contractor willbe working and what activities will beperformed,. It may be sent up to one day in advance for the next work period. 2.2 CONTRACTOR’S EMPLOYEES 2.2.1Licenses Contractorand staff whoare supplying servicesunder this agreement shall at all times possess and carry a valid driver’s license issued bythe State of Washington andhave all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 2.3PRESERVATION OFPROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utilityfacilities, adjacent property, trees,shrubbery, andmotorvehicles.In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code underpermits issued bythe City. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaints and deficiencies, with regardstothis Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone,email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may bee-mailed, hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. 2.4.2Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1CityInspections The City will periodically inspectthe condition of each area depicted in these Special Provisions. The conditions shall bemeasured basedon these Special Provisions and City staff judgment. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 2.5.2PeriodicReporting The Contractor shall provide self-inspections and/orrecords ofwork it performs in each area depicted in theseSpecial Provisionsto provideasbackupforeachperiodinvoiced. 2.5.3 Annual report The Contractor shall submit an annual reportby November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing landscaping deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7 PARK MAINTENANCE SCHEDULE The park use season is January 1 – December 31 (year-round). Active growing season shall be considered March 1 – November 15. This may vary depending on weather/use. During active growing season, the designated parks may require a maintenance presence up to seven daysper week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between the hours of 6:00AM and 5:00PM. Contractor shall work around public use and always be courteous and respectful to park visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public thth use from 6:00AM – 9:00PM, April 15 through October 15 and from 6:00AM to 7:00PM, thth October 16 through April 14. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 3 WORK SPECIFICATIONS – STANDARD MAINTENANCE IRRIGATED AREAS This Chapter describes theWork to beperformed in irrigatedareasincluding standards, schedule,quantity,and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1General Requirements Mowing, trimming, and edging of all irrigated turf is expected to occur weekly, except for Browns Park which shall occur two times per week during the peak volleyball season (generally May through July). Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc., that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1– November 15 of each year. The estimated number of mowing cycles is approximately 32 cycles (44 cycles for Browns Park). Mowing of each area shall be completed on the same day that mowing begins. 3.1.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming, Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Grass clippings shall be blown from sidewalks, trails,and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs for turf, grass, trees, sprinklers, private property, and anything else that may be damaged during mowing, trimming or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter / Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts, paper, cardboard, rocks, any plastic, rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. In addition to Debris/Litter pickup which is incidental to other work during the growing season, leaves, pine needles, and pinecones shall be swept, raked, or blown as necessary to collect and remove from all turf areas at least two additional times per year: once in the Spring before April 1, and again in the fall after final mowing has been completed. Accumulations of pine needles and other debris along fences shall be cleared away. Exception: At Browns Park, particular attention must be paid to leaf and tree debris in and around the sand volleyball courts. At appropriate times of year, the Contractor shall monitor the trees in the volleyball complex daily and remove leaves and tree debris as frequently as daily as may be necessary to minimize debris from entering the sand courts. Whenever on site to remove leaves from the volleyball complex the Contractor shall also remove leaf and tree debris from the playground area to minimize debris from remaining on the rubberized playground surfacing. 3.1.8 Measurement & Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for “Mowing, Trimming, Edging and Standard Irrigation Maintenance.” The approximate irrigated turf area for the designated park facilities is 1,697,533 square feet or approximately 39 acres. See maps and tables in Appendix A for more details. 3.1.9 Payment City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Payment for mowing, trimming, and edging shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standard maintenance and repair of all irrigation/sprinkler systems under this contract. This includes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the irrigation zones in Browns Park, Castle Park, Edgecliff Park, Greenacres Park, Sullivan Park, Terrace View Park,and Valley Mission Park. Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete, pavement, and unimproved areas shall be minimized. Standard maintenance is considered operational maintenance on all elements of the system not requiring special equipment, labor, or parts. Maintenance not covered under this section will be covered under Section 7, “Force Account Maintenance –Irrigated Areas”. This determination will be made by the City. 3.2.2Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice, provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1General Requirements Aeration of irrigated turf in the designated park facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with ½-inch diameter core, 3 ½-inches deep, and the frequency of cores shall be 6-inches or less apart. Allowance will be made for dry or rocky conditions at the discretion of the Director. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. 3.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration shall be performed twice per year, once in the spring as th soon as conditions permit and again in the fall after August 15. The contractor shall notify the City one week prior to performing the work. 3.3.2Measurement Measurement shall be Lump Sum for “Core Aeration.” The approximate irrigated turf area for designated park facilities is 1,697,533 square feet or approximately 39 acres. See maps and tables in Appendix A for more details. 3.3.3 Payment City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Paymentshall be lump sum Contract price for “Core Aeration” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4 FERTILIZING 3.4.1General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per st year, once in the spring, before June 1, once in the summer, and once in the fall, after st September 1. Applications shall be at optimal times and shall be outlined in the contractor’s annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if, when and how chemically sensitive individuals were notified subject to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.4.3 Approved Fertilizer City Approved List: o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 Other N-P-K fertilizers outside the recommended ratio can/shall be submitted to the City for approvalbased on soil analysis by a lab selected by contractor and approved by owner. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 3.4.4Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for “Fertilizer.” The approximate irrigated area of the designated park facilities is 1,697,533 square feet or approximately 39 acres. See maps and tables in Appendix A for more details. 3.4.6 Payment Payment shall be lump sum Contract price for “Fertilization” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf, trees, shrubs, and approved plantings will occur to maintain a healthy, green, and attractive landscape. All chemical spraying shall followthe state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed two times per year, applied uniformly throughout the appropriate season. Specific application timeframes shall be identified in the Annual Work Plan. Care should be taken by the Contractor to schedule treatments during hours of operation when use by the public is at its least, for example first thing in the morning. Spot treatments during the summer may be necessary to control excessively weedy areas. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur.Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 3.5.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 3.5.5 Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying.” 3.5.6 Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.6 TREE AND SHRUB TRIMMING AND MAINTENANCE 3.6.1General Requirements Tree and shrub maintenance is on an “as needed basis”. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ removed as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The Cityshall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be correctedimmediately or reported to the City.The Contractor shall make an ISA Certified Arborist available as needed. 3.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least once per year in the springand again as needed to maintain healthy attractive appearance. 3.6.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance.”The approximate number of trees and shrubs, where known, is listed in the appendices in Chapter 8. The Contractor shall take care to inspect the designated park facilities to determine quantity of needed maintenance under this section. 3.6.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1General Requirements Organic/Inorganic groundcover shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Ground cover deficiencies shall be corrected no less than three timesper year.Landscaping beds shall be weeded no less than three times per year. 3.7.3Measurement Measurement shall be Lump Sum for “Landscape Bed Maintenance.” The approximate City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ area of the designated parkfacilities is 1,677square feet.See maps and tables in Appendix Afor more details. 3.7.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4 WORK SPECIFICATIONS – STANDARD MAINTENANCE UNIMPROVED AREAS ThisChapterdescribes the Work tobe¯¤±¥®±¬¤£ ¨­ ³§¤ ´­¨¬¯±®µ¤£ ¯®±³¨®­² ®¥ ³§¤ £¤²¨¦­ ³¤£ ¯ ±ª facilitiesǾ  ² ¶¤««  ² ¨­ -¸±­  0 ±ªǾ ³§¤ &«®±  ¥´³´±¤ ¯ ±ª ¯±®¯¤±³¸Ǿ ³§¤ 0®­£¤±®²  ¥´³´±¤ ¯ ±ª ¯±®¯¤±³¸Ǿ  ­£ ³§¤ 3´¬¬¤±¥¨¤«£ ¥´³´±¤ ¯ ±ª ¯±®¯¤±³¸, including standards, schedule, quantity,  ­£ location. 4.1 NOXIOUS WEED CONTROLAND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. 4.1.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 4.1.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 4.1.5Measurement Measurement shall be lump sum for “Noxious Weed Control and Chemical Spraying – Unimproved Areas.” The approximate areas of the unimproved portions of the designated park facilities, as well as Myrna Park, the Flora future park property, the Ponderosa future park property, and the Summerfield future park property, all of which may contain noxious weeds, are shown in the appendices in Chapter 8. The Contractor should take care to inspect these areas as well as records of the Spokane County Noxious Weed Control board for past notices and information to determine quantity of needed maintenance under this section. 4.1.6Payment Payment shall be lump sum Contract price for “Noxious Weed Control and Chemical Spraying – Unimproved Areas” and shall be paid for furnishing all tools, labor, equipment, andmaterials required. 4.2 LITTER CONTROL 4.2.1General Requirements Litter includes paper, cardboard, plastic, rubber or metal, foreign objects, wood, cloth, etc. City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Large or otherwise visible accumulations, such as multiple items of litter in the same location, dumped mattress or appliance, large accumulation of trash or debris, etc. shall be removed as soon as possibleafter being reported or noticed by contractor. 4.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly.There is a general expectation that litter will always be picked up incidental to other work. 4.2.3Measurement Measurement shall be lump sum for “Litter Control – Unimproved Areas.” The approximate areas of the unimproved portions of the designated park facilities, as well as Myrna Park, the Flora future park property, the Ponderosa future park property, and the Summerfield future park property are shown in the appendices in Chapter 8. 4.2.4Payment Payment shall be lump sum Contract price for “Litter Control – Unimproved Linear Park Facilities” and shall be paid for furnishing all tools, labor, equipment, and materials required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING 4.3.1General Requirements Mowing and trimming of ground vegetation shall occur in the Valley Mission Park – South propertyand shall be at a height of 4-6 inches,and growth shall not exceed 10 inches between mowing and trimming intervals. The Summerfield future park property shall also be mowed to additionally control noxious weeds and vegetation. Due to uneven surfaces and natural and man-made obstructions in the Summerfield future park property a variety of equipment such as flail mowers and hand trimmers may be required. 4.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The Valley Mission Park –South property isexpected to bemowed until growth ceases in the summer.The estimated number of mows is 4-6 occurrences. The Summerfield future park property shall be mowed at least once annually in May or City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ June to be coordinated with the Spokane County Noxious Weed Control Board. 4.3.3Measurement Measurement shall be lump sum for “Mowing and Trimming –Unimproved Areas.” The approximate area of the Valley Mission Park –South property and the Summerfield future park property is shown in the appendices in Chapter 8. 4.3.4Payment Payment shall be lump sum Contract price for “Mowing and Trimming – Unimproved Areas” and shall be paid for furnishing all tools, labor, equipment, and materials required. An additional mowing of the Summerfield future park property, if recommended by the Contractor and approved by the City, shall be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5 WORK SPECIFICATIONS – HARDSCAPES, PARK FIXTURES, AND OTHER MAINTENANCE ThisChapter describes the Work to be ¯¤±¥®±¬¤£ ®­ ¯ ±ª¨­¦ «®³²Ǿ ¯ ±ª ¯ ³§¶ ¸²Ǿ ²¯®±³ ¢®´±³²Ǿ ¯¨¢­¨¢ ²§¤«³¤±²Ǿ ¯¨¢­¨¢ ³ ¡«¤²Ǿ ¯ ±ª ¡¤­¢§¤²  ­£ ®³§¤± ¯ ±ª  ¬¤­¨³¨¤² includingstandards,schedule,quantity,andlocation. 5.1 SWEEPING 5.1.1General Requirements Unless otherwise noted, hard surfacesincluding parking lots, pathways, sidewalks, sport courts, and other paved or concrete surfaces shall be swept, vacuumed, or blown off as needed to maintain a clean appearance. Inspections shall be daily in conjunction with other maintenance tasks. Glass, debris, or other foreign material shall be removed immediately. Parking lots shall beswept each spring to remove all sandand other debris accumulated over the winter. The Contractor shallsweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved pathwaysand sidewalks shall be swept at least four times per year. However, due to storms, etc. hard surfacesmay require additional sweeping,which shallbe the responsibility of the contractor. 5.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Plan, see section 2.1.1. Sport courts shall be cleaned bi-weekly according to a schedule developed by the Contractor.Paved parking lots shall be swept a minimum of two times per year and paved pathwaysand sidewalksshall be swept a minimum of four times per year. 5.1.3Measurement Measurement shall be Lump Sum for “Sweeping.” The approximate areas (sq feet) of pathways, parking lots, sidewalks, sport courts, plazas, picnic areas and other hard surfaces in the designated parksare listed in the appendices in Chapter 8. 5.1.4Payment Payment shall be lump sum Contract price for “Sweeping” and shall be paid for furnishing all tools, labor, equipment, and materials required. 5.2 GARBAGE REMOVAL 5.2.1General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containers in the designated parks. Trash containers, as noted in the appendices in Chapter 8, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for four days. All containers shall be lined with a plastic linerand all doggie pot stations shall be replenished with compatible waste bags. Vehicle access to cans may be limited in some locations. All costs associated with garbage collection, transport, and disposal shall be the responsibility of the contractor. 5.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Litter control in the designated parks shall occur at least weekly April through September and then monthly although there is a general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least two times per week (or more as may be needed per section 5.3.1 above) from April through October and weekly (or more as may be needed per section 5.3.1 above) City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ from November through March. 5.2.3Measurement Measurement shall be Lump Sum for “Garbage Removal.” The approximate number of trash containersand doggies pot stationsin the designated parks is shown in the appendices in Chapter 8. 5.2.4Payment Payment shall be lump sum Contract price for “Garbage Removal” and shall be paid for furnishing all tools, labor, equipment, materials and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.3 WEED CONTROL AND CHEMICAL SPRAYING 5.3.1General Requirements Weeds in cracks in parking lots, sidewalks, park pathways, sport courts, and other hard- scape areas shall be sprayed for eradication and control. 5.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.3.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.3.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. Any City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ product/chemical used shall conform to local, state, and federal laws and regulations. 5.3.5Measurement Measurement shall be Lump Sum for “Weed Control and Chemical Spraying – Hardscapes.” The approximate quantity (sq feet) of hard-scape areas in the designated parksis shown in the appendices in Chapter 8. Contractor should take care to inspect hard- scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.3.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying – Paved Trails” and shall be paid for furnishing all tools, labor, equipment, materials,and tipping fees required. 5.4 BOLLARDS,PARK BENCHES, PICNIC TABLES, PARK KIOSKS AND OTHER PARKFIXTURES AND AMENITIES 5.4.1General Requirements Bollards, gates, fences, park benches, picnic tables, decorative trash receptacles, kiosks, and other park amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Bollards shall be removed and immediately placed back in position, and gates shall be opened and then closed, whenever access is required by the Contractor for maintenance activities in the designated parks. Bollards and gates shall remain locked and not left unsecured. Park benches, picnic tables, informational kiosks, doggie pot stations, picnic tables or other park fixtures shall be wiped clean, or pressure washed when needed. Missing or damaged bollards, gates, locks, or other park fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Inspection and maintenance shall occur not less than two times per week from April through October and weekly from November through March. There is a general expectation that inspection and maintenance of park fixtures shall City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ always occur incidental to other work. 5.4.3Measurement Measurement shall be Lump Sum for “Bollards, Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures.” The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other parks fixtures in the designated parksis shown in the appendices in Chapter 8. 5.4.4Payment Payment shall be lump sum Contract price for “Bollards Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged park fixtures may be eligible for compensation under Unexpected Maintenance asoutlined in Chapter 7. 5.5 VALLEY MISSION SLEDDING HILL 5.5.1General Requirements Starting October 15, or upon the first snow if it occurs prior to October 15, and through March 1, or after March 1 if snow remains on the ground, straw bales shall be placed around the trees, light pole bases, and structures depicted in Exhibit B. Contractor shall inspect the lights (seven pole-mounted fixtures) in the sledding area to ensure they are functioning properly and report any lights out to the City immediately. Straw bales shall require daily inspection and/or maintenance to replace/reset in position as necessary. All makeshift sledding jumps or other temporary snow structures shall be removed, and straw bales returned to needed locations. In the spring, the Contractor shall pick up and dispose of all straw bales. Disposal fees shall be the responsibility of the Contractor. 5.5.2Schedule and Notification The Contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The inspection and maintenance of straw bales should occur at the beginning of each day, prior to use by the public when possible. The Contractor shall notify the City immediately if area lights are found to be not functioning. 5.5.3Measurement Measurement shall be Lump Sum for “Valley Mission Sledding Hill.” The locations to be protected are depicted in Exhibit B. It is expected the Contractor will need to replace positioned bales with new bales periodically. The total number of bales that will be City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ required annually is unknown. 5.5.4Payment Payment shall be Lump Sum for “Valley Mission Sledding Hill” and shall be paid for furnishing all tools, materials, equipment, and labor required. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1General Requirements Snow removal from parking lots, and municipal sidewalks associated with the designated parks shall commence at 1” or more accumulation on level surfaces. Exception: the parking lot at Castle Park isnot plowed in winter. Snow shall be removed within eight hours following the measurable accumulation of 1”. All areas shallbe sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. Ifaccumulations interfere with parking or other use, or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. If accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request approval from Administrator or designee to forego removal. Ice Melt: Contractor shall be required to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures on municipal sidewalks associated with the designated park properties to maintain free of ice during hours which that facility may reasonably be in use by the public. 5.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shall accommodate usage demand. Schedule to be worked out with Director. 5.6.3Measurement Measurement shall be Lump Sum for “Parking Lot and Sidewalk/Pathway Snow Removal.” The approximate quantities (sq feet) of parking lots, and sidewalks associated with thedesignated parks is shown in the appendices in Chapter 8. 5.6.4Payment Payment shall be lump sum Contract price for “Parking Lot and Sidewalk/Pathway Snow City of Spokane Valley Bid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ Removal” and shall be paid for furnishing all tools, labor, equipment, materials,and supplies required. 6 INSPECTION 6.1 General Requirements The Contactor shall perform visual site inspectionswhen onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the Cityif any, but not limited to, the following are found or needed: Irrigation sprinkler system repair requirements Pest and disease infestation Structural Damage to drywells, catch basins, and inlets Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale Dry or dead turf in irrigated areas. Removal and replacement of bark Illegal dumping Tree, plant, or shrub removal and replacement Tree, plant, or shrub trimming Dead or Stolen Plant Material Accident cleanup Miscellaneous damage to City owned landscaping Fence damage Graffiti Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures Cracked asphalt, potholes, or crumbling edges of trail surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 “Force Account Maintenance.” The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 7 FORCE ACCOUNT MAINTENANCE 7.1. General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenanceand explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor’s intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to ISA standards. The Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: Meet the requirements of chapter 22.70 SVMC for street trees. Closely match existing trees along the corridor. Approval of the City prior to installation. Minimum of 1½ inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary),trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year,new trees will be fertilized spring and fall, then once per year for the next two years. 7.2.3Payment Payment will be made in accordance with the Contract. City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ 7.3 DEAD OR STOLEN PLANT MATERIAL 7.3.1General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the materialis beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement. No replacement plantings shall be done without consent of the City. 7.3.2Payment Payment will be made in accordance with the Contract. 7.4 PEST AND DISEASE CONTROL 7.4.1General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1General Requirements The Contractor is responsible for the operation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on those elements of the system requiring special City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ equipment, labor, or parts.Force account maintenance may include, but is not limitedtothe following: Replace special item controllers Replace water meters Deep excavation valve replacement Sub-irrigation type emitters Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, “Standard Irrigation Maintenance.” This determination will be made by the City. 7.5.2 Payment Payment will be made in accordance with the Contract. 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain tables with approximate quantities and site maps of the locations of the work to be performed under this contract. Appendix A: Designate Park Quantitiesand Site Images Appendix B: Valley Mission Park Winter Hay Bale Locations City of Spokane ValleyBid Proposal Documents Designated Parks Landscape Maintenance Contract No.: ________ SPECIAL PROVISIONS FOR SIGNATURE PARKS LANDSCAPE MAINTENANCE Proposals Due: 5:00 p.m., November 7, 2023 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®­³± ¢³ ¬ ­ ¦¤¬¤­³ ¯±®µ¨²¨®­² andrequirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for landscape maintenance servicesin two signature parks operated by the Parks and Recreation Department. General expectations of these services include: mowing trimming edging spraying for pests and weeds aerating fertilizing turf reseeding and rehabilitation pressurized irrigation maintenance and repair backflow device testing litter control garbage removal tree/shrub pruning landscaping bed maintenance raking sweeping pressure washing maintenance of picnic tables, benches, trash receptacles, and other park fixtures snow removal of parking lots and sidewalks Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract. The work description above is not all inclusive but is representative of a comprehensive landscape service and maintenance contract. This contract does not include playground equipment inspection and maintenance or janitorial services for park restrooms and park reservations. 1.2 OBJECTIVE The objective of this signature parks landscape maintenance contract is to provide exceptional service in the City’s two signature parks that host numerous special events and large community celebrations each year. The City is seeking a high-quality contractor that provides superior service and is responsive, reliable, and highly adaptable. The successful contractor will take immense pride in the quality of maintenance delivered in the City’s crown jewel parks for itsresidents and City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ visitors.Additionally, the successful contractor will assist the City in bringing its newest urban park online in the heart of Spokane Valley across from City Hall. 1.3 GENERAL INFORMATION These Special Provisions are for landscaping maintenance services at the newly expanded Balfour Park next to the brand-new Spokane Valley Library and across from Spokane Valley City Hall, and at Mirabeau Point Park, which includes theCenterPlace Regional Event Center grounds, Discovery Playground, and the Mirabeau Meadows Park and Natural Area. Together these areas encompass a combined total of approximately 65 acres. Park improvements include irrigated turf, expansive landscaping beds, a wide diversity of trees and shrubs, an engineeredpond and waterfall, paved and concrete pathways, several parking lots, picnic shelters, event plazas, performance stages, a veteransmemorial, flagpoles, signature playgrounds, public art, and other park amenities such as restrooms, picnic tables, benches, seating walls, shade structures, area lighting, and decorative fencing. Thesetwo properties together support a wide range of recreational opportunities for thousands of City residents and visitors and host numerous special events and large community celebrations each year.Additionally, the City is just now completing construction of Phase 1 of the Balfour Park expansion. As such, the Contractor will play a critical role in establishing the new landscaping throughout the park. Portions of the Phase 1 construction have been seeded with non-irrigated native grasses which will be replaced in the future with additional park element. Phase 2 and future parkelements at Balfour will include basketball and pickleball courts, a soccer mini-pitch, a large splashpad and destination playground, a large picnic shelter and community gathering space, and a park amphitheater with covered performance stage. The signaturepark properties included in the scope of services for this contract are: Balfour Park (8.6 acres) located at 105 N. BalfourRoad Mirabeau Point Park (55.1acres) located at 13500 E. Mirabeau Parkway, including: o Mirabeau Meadows o Mirabeau Park Natural Area o Mirabeau Springs Waterfalland Pond o CenterPlace Regional Event Center grounds at 2426 N Discovery Place, and o Discovery Playground 1.4 CONTRACT TYPE This Contractis a lump sum fixed fee, purchased service-type Contract.Prevailing wagesare required to be paid to theContractor’s employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Contractor to Provide Performance and Payment Bonds. The contractorshall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to pesticide applications, licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior writtenapproval of theCity.Allsubcontractedwork will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contract includes these parts: The Signature Parks Landscape Maintenance City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Agreement,Submittal Response, Addenda,these Special Provisions, Insurance Certificates,and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mentionit specifically. 1.9 CONTRACT TERM The contractshall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days’ written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bondcosts, and appurtenances necessary tocomplete theserviceswhichshall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractorreaffirmsmeeting all requiredqualifications and will remain qualifiedthroughout the duration ofthe Contractand subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shallimmediately informtheAdministratorof thechange in qualification status. The Contractor shall also supply in writing to theAdministrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractoracknowledges visiting theworkareasandbecoming fullyacquaintedwith site conditions to understandthe facilities,difficulties, and restrictionsattending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, ortovisitthesitesandgetacquaintedwithconditionsexistingthereinandverifyingproject area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her originalproposedbidorto this contract. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreedin writing,theContractor is expectedtoprovide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. 1.13.1SupportFacilities The City will not provide equipment storage, shop facilities, workspace, oroffice spaceaspart of this contract. The Contractor willbe responsible for providing allsupportfacilities at theirown location(s).The Contractorshallfurnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 EquipmentIdentification All vehicles used by the Contractormust beclearly identifiedwith the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliancewithany applicablelaw, rule, permit requirement,or regulationrelatedto this work shall be reported to the City immediately. The City may requirethat theContractor provide a reportof the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor andshall be disposed of in amanner consistent with federal, state,and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make,at any time during thecontract term, such changesin quantities and such alterations in these Special Provisionsas are necessary to satisfactorily complete themaintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance andPayment Bond, andthe Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: Deleting any part of the maintenance work City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Increasing or decreasing quantities Altering Special Provisions Altering the waythe maintenance work is to be done Adding new maintenance work Alteringfacilities, equipment, materials,services, or sites, provided by the Contracting Agency Ordering the Contractorto speed up or delay the maintenance work Anychange that affectstheoverallContracteffortand amount of maintenance workto be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation ofany change unless orderedby the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ th The contractor shall use rates effective November 7, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewalcontractexecution. No payment will be made until the Contractor has submitted a “Statement of Intent to Pay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection The City will periodicallyinspect thework and condition of facilities under the care of the Contractor. If the Contractor’s work or conditionsat the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond tomeetthe standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City thereferenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by March 1 (or fourweeks prior to spring operations) Periodic reports – with each invoice Annual report – annually by November 15 1.18.3 Pay Estimate Submittal, Review, & Approval Payments shall be madeafterreview, approval, andauthorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth abreakdown of Work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices may be submitted monthly for 12 equalamounts fromJanuary through December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request anadjustment of the lump sum fixedfee annually, and no later than November 1st for thefollowing calendaryear. Such pricesshallbe negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent changeshallbetheU.S.DepartmentofLabor,BureauofLaborStatistics. If the City chooses to exercise the option years, the Contractor must update andpayprevailing wagesto the mostrecently published and effectiveWashington State Department of Labor& Industries rates for the next contract optionterm. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 2 GENERAL SPECIFICATIONS This Chapterdiscusses generalitems on Contractor andCity conductinexecuting the work. 2.1 WORK PLAN 2.1.1Annual Work Plan The Contractor shall submit an annual work planto theCity in accordance with Section 1.18.2 – Contractor Reports. The plan communicates who,when,and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during theyearmay benecessaryandthe Contractor is to workwith Citystaff on any necessary revisions. The Annual Work Plan should indicate such things as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. General schedules for typical, weekly routine work, for example: o mowing Balfour Park on Mondays o watering Mirabeau on Tuesday and Friday o mowing Mirabeau on Wednesdays o irrigated system inspections <by location, zone, week> Specific schedule for other task work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Winterization <application timeframe, i.e. month, week> o Backflow testing <application timeframe> What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) Self-inspection plan and reporting Employee uniform example 2.1.2WeeklyWork Plans If different from the Annual Work Plan, theContractor shall submit an email to City designated staff and identify weeklyworkplans indicatingwhere the Contractor willbe working and what activities will be performed. It may be sent up to one day in advance for the next work period. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 2.2CONTRACTOR’SEMPLOYEES 2.2.1Licenses Contractorand staff whoare supplying servicesunder this agreement shall at all times possess and carry a valid driver’s license issued bythe State of Washington andhave all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utilityfacilities, adjacent property, trees,shrubbery, andmotorvehicles.In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code underpermits issued bythe City. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaints and deficiencies, with regardstothis Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone,email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractorhascorrected thelisteddeficiencies,the Contractor shall notify the designated City staffandrequest inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designatedCitystaffhasinspectedthesitetoverifythatthelisteddeficiencieshavebeen corrected and has approved the corrective work in writing. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 2.4.2Failure toPerform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1CityInspections The City will periodically inspectthe condition of each area depicted in these Special Provisions. The conditions shall bemeasured basedon these Special Provisions and City staff judgment. 2.5.2Periodic Reporting TheContractorshall provideself-inspectionsand/orrecordsofworkit performsin each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual reportby November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing landscaping deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7 PARK MAINTENANCE SCHEDULE The park use season is January 1 – December 31 (year-round). Active growing season shall be considered March 1 – November 15. This may vary depending on weather/use. During active growing season, the signature parks may require a maintenance presence up to seven days per week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between the hours of 6:00AM and 5:00PM. The Contractor shallwork around public use and always be City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ courteous and respectful to park visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public thth use from 6:00AM – 9:00PM, April 15 through October 15 and from 6:00AM to 7:00PM, thth October 16 through April 14. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3 WORK SPECIFICATIONS – STANDARD MAINTENANCE IRRIGATED AREAS This Chapter describes theWork to beperformed in irrigatedareasincluding standards, schedule,quantity,and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1 General Requirements Mowing, trimming, and edging of all irrigatedturf is expected to occur weekly, or more as needed to maintain specified heights. Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions. Drainage areas, etc., that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1– November 15 of each year. The estimated number of mowing cycles is approximately 32-44cycles. Mowing of each area shall be completed on the same day that mowing begins. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 3.1.3Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming, Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at thebase of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. Grass clippings shall be blown from sidewalks, trails, and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs for turf, grass, trees, sprinklers, private property, and anything else that may be damaged during mowing, trimming, or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter / Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts, paper, cardboard, rocks, any plastic, rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. In addition to Debris/Litter pickup which is incidental to other work during the growing season, leaves, pine needles, and pinecones shall be swept, raked, or blown as necessary to collect and remove from all turf areas at least two additional times per year: once in the Spring before April 1, and again in the fall after final mowing has been completed. Accumulations of pine needles and other debris along fences shall be cleared away. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 3.1.8Measurement& Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for “Mowing, Trimming, Edgingand Standard Irrigation Maintenance.”The approximate irrigated turf area for the signature park facilities is 991,594square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.1.9 Payment Payment for mowing, trimming, and edging shall be included in thelump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standard maintenance and repair of all irrigation/sprinkler systems under this contract. This includes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems.At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the irrigation zones in Balfour Park and Mirabeau Point Park.Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete, pavement, and unimproved areas shall be minimized. Standard maintenance is consideredoperationalmaintenance on all elements of the system not requiring special equipment, labor, or parts.Maintenance not covered under this section will be covered under Section 7, “Force Account Maintenance –Irrigated Areas”. This determination will be made by the City. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 3.2.2Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice, provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for “Mowing, Trimming, Edging and Standard Irrigation Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1General Requirements Aeration of irrigated turf in the designated park facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with ½-inch diameter core, 3 ½-inches deep, and the frequency of cores shall be 6-inches or less apart. Allowance will be made for dry or rocky conditions at the discretion of the Director. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. 3.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration shall be performed twice per year, once in the spring as th soon as conditions permit and again in the fall after August 15. The contractor shall notify the City one week prior to performing the work. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 3.3.2Measurement Measurement shall be Lump Sum for “Core Aeration.” The approximate irrigated turf area for the signature park facilities is 991,594 square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.3.3 Payment Payment shall be lump sum Contract price for “Core Aeration” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4 FERTILIZING 3.4.1General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per st year, once in the spring, before June 1 , once in the summer, and once in the fall, after st September 1. Applications shall be at optimal times and shall be outlined in the contractor’s annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if, when and how chemically sensitive individuals were notified subject to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 3.4.3Approved Fertilizer City Approved List: o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 Other N-P-K fertilizers outside the recommended ratio can/shall be submitted to the City for approvalbased on soil analysis by a lab selected by contractor and approved by owner. 3.4.4Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for “Fertilizer.” The approximate irrigated area of the designated park facilities is 991,594 square feet or approximately 22 acres.See maps and tables in Appendix A for more details. 3.4.6 Payment Payment shall be lump sum Contract price for “Fertilization”and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf, trees, shrubs, and approved plantings will occur to maintain a healthy, green, and attractive landscape. All chemical spraying shall followthe state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied.The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass, weeds, litter, and debris thereafter. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed two times per year, applied uniformly throughout the appropriate season. Specific application timeframes shall be identified in the Annual Work Plan. Care should be taken by the Contractor to schedule treatments during hours of operation when use by the public is at its least, for example first thing in the morning. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 3.5.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 3.5.5 Measurement City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Measurement shall be Lump Sum for “Weed Control and Chemical Spraying.” 3.5.6Payment Payment shall be lump sum Contract price for “Weed Control and Chemical Spraying” and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.6 TREE AND SHRUB TRIMMING AND MAINTENANCE 3.6.1General Requirements Tree and shrub maintenance shall be performed by an ISA Certified Aborist. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed/replaced as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the City. 3.6.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least twice per year and additionally as needed to maintain a healthy, attractive appearance. 3.6.3Measurement Measurement shall be Lump Sum for “Tree and Shrub Timming and Maintenance.”The approximate number of trees and shrubs, where known, is listed in Chapter 8, Appendix A. The Contractor shall take care to inspect the signature park facilities to determine quantity of needed maintenance under this section. 3.6.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1General Requirements Organic/Inorganic groundcover shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Ground cover deficiencies shall be corrected no less than three times per year. Landscaping beds shall be weeded no less than six times per year. 3.7.3Measurement Measurement shall be Lump Sum for “Landscape Bed Maintenance.” The approximate total area of landscaping beds in the signaturepark facilities is 193,803 square feet. There are approximately 55 distinct landscaping beds on the CenterPlace grounds. See maps and tables in Appendix Afor more details. 3.7.4Payment Payment shall be lump sum Contract price for “Tree and Shrub Trimming and Maintenance” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4 WORK SPECIFICATIONS – STANDARD MAINTENANCE UNIMPROVED AREAS ThisChapterdescribes the Work tobe¯¤±¥®±¬¤£ ¨­ ³§¤ ´­¨¬¯±®µ¤£ ¯®±³¨®­² ®¥ ³§¤ -¨± ¡¤ ´ 0®¨­³ 0 ±ª . ³´± « !±¤  ­£ ³§¤ ­®­-¨±±¨¦ ³¤£  ±¤ ² ¨­ " «¥®´± 0 ±ª ¯§ ²¤ 1, including standards, schedule, quantity,  ­£ location. 4.1 NOXIOUS WEED CONTROLAND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds as needed. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place, what the application is, and at what time the application occurred or will occur. 4.1.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: . https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 4.1.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ product labels as approved by the US Environmental Protection Agency. 4.1.5Measurement Measurement shall be lump sum for “Noxious Weed Controland Chemical Spraying– Unimproved Areas.”The approximate area of the unimproved portion ofthe Mirabeau Point Park Natural Area, which may contain noxious weeds, is shown in Chapter 8, Appendix A.Noxious weeds in the Mirabuea Park Natural Area are anticipated to be none to minimal. The Contractor should take care to inspect these areas to determine quantity of needed maintenance under this section. 4.1.6 Payment Payment shall be lump sum Contract price for “Noxious Weed Control and Chemical Spraying – Unimproved Areas” and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.2 LITTER CONTROL 4.2.1General Requirements Litter includes paper, cardboard, plastic, rubber or metal, foreign objects, wood, cloth, etc. Large or otherwise visible accumulations, such as multiple items of litter in the same location or large accumulation of trash or debris, etc. shall be removed as soon as possible after being reported or noticed by the Contractor. 4.2.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly.There is a general expectation that litter will always be pickedup incidental to other work. 4.2.3Measurement Measurement shall be lump sum for “Litter Control – Natural Area.” The approximate areas of the unimproved portions of the Mirabeau Point Park Natural Area is shown in Chapter 8, Appendix A. 4.2.4Payment Payment shall be lump sum Contract price for “Litter Control – Natural Area” and shall be paid for furnishing all tools, labor, equipment, and materials required.Large accumulations of illegally dumped material may be eligible for compensation under Unexpected City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING OF NON-IRRIGATED AREAS 4.3.1General Requirements Mowing and trimming of non-irrigated ground vegetation shall occur in Balfour Park and shall be at a height of 4-6 inches, and growth shall not exceed 8 inches between mowing and trimming intervals. 4.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The non-irrigated areas in Balfour Park are expected to be mowed until growth ceases in the summer. The estimated number of mows is 8-12 occurrences. 4.3.3Measurement Measurement shall be lump sum for “Mowing and Trimming – Non-Irrigated Areas.” The approximate area of the non-irrigated turf areas at Balfour Park is 86,057 square feet. See Chapter 8, Appendix B for additional details. 4.3.4Payment Payment shall be lump sum Contract price for “Mowing and Trimming – Non-Irrigated Areas” and shall be paid for furnishing all tools, labor, equipment, and materials required. 5 WORK SPECIFICATIONS – HARDSCAPES, PARK FIXTURES, AND OTHER MAINTENANCE ThisChapter describes the Work to be ¯¤±¥®±¬¤£ ®­ ¯ ±ª¨­¦ «®³²Ǿ ¯ ±ª ¯ ³§¶ ¸²Ǿ ²¯®±³ ¢®´±³²Ǿ ¯ ±ª ¯« ¹ ²Ǿ ¯¨¢­¨¢ ²§¤«³¤±²Ǿ ¯¨¢­¨¢ ³ ¡«¤²Ǿ ¯ ±ª ¡¤­¢§¤²  ­£ ®³§¤± ¯ ±ª amenities including standards, schedule, quantity, and location. 5.1 SWEEPING 5.1.1General Requirements Unless otherwise noted, hard surfacesincluding parking lots, pathways, sidewalks, sport courts, and other paved or concrete surfaces shall be swept, vacuumed, or blown off as City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ needed to maintain a clean appearance. Inspections shall be daily in conjunction with other maintenance tasks.Glass,debris, or other foreign material shall be removed immediately. Parking lots shall beswept each spring to remove all sandand other debris accumulated over the winter. The Contractor shallsweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved pathways,sidewalks, plazas, and sport courtsshall be swept or blown off weekly between April 15 and October 15 and monthly between October 16 and April 14. However, due to storms, etc. all hard surfacesmay require additional sweeping, which shall be the responsibility of the contractor. 5.1.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.1.3Measurement Measurement shall be Lump Sum for “Sweeping.” The approximate areas (sq feet) of pathways, parking lots, sidewalks, sport courts, plazas, picnic areas and other hard surfaces in the signature parks are listed in Chapter 8, Appendix A. 5.1.4Payment Payment shall be lump sum Contract price for “Sweeping” and shall be paid for furnishing all tools, labor, equipment, and materials required. 5.2 GARBAGE REMOVAL 5.2.1General Requirements In addition to policing and removal of litter,the Contractor shall collect and dispose of garbage from trash containers in the signature parks. Trash containers, as noted in Chapter 8, Appendix A, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for three days. All containers shall be lined with a plastic liner and all doggie pot stations shall be replenished with compatible waste bags. Vehicle access to cans may be limited in some locations.All costs associated with garbage collection, transport, City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ and disposal shall be the responsibility of the contractor. 5.2.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Litter control in the signatureparks shalloccur at least weekly April through September and then monthly although there isa general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least three times per week (or more as may be needed per section 5.3.1 above) from April through October and two times per week (or more as may be needed per section 5.3.1 above) from November through March. 5.2.3Measurement Measurement shall be Lump Sum for “Garbage Removal.” The approximate number of trash containers and doggies pot stations in the signature parks is shown in Chapter 8, Appendix A. 5.2.4Payment Payment shall be lump sum Contract price for “Garbage Removal” and shall be paid for furnishing all tools, labor, equipment, materials,and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.3 WEED CONTROL AND CHEMICAL SPRAYING 5.3.1General Requirements Weeds in cracks in parking lots, sidewalks, park pathways, sport courts,and other hard- scape areas shall be sprayed for eradication and control. 5.3.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.3.3Approved Chemicals Herbicides used in this Contract shall be from WSDOT’s approved herbicide list. Please refer to WSDOT’s webpage for additional information: City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.3.4Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. Any product/chemical used shall conform to local, state, and federal laws and regulations. 5.3.5Measurement Measurement shall be Lump Sum for “Weed Control – Hardscapes.” The approximate quantity (sq feet) of hard-scape areas in the signature parks is shown in Chapter 8, Appendix A. Contractor should take care to inspect hard-scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.3.6Payment Payment shall be lump sum Contract price for “Weed Control – Hardscapes” and shall be paid for furnishing all tools, labor, equipment, materials, and tipping fees required. 5.4 BOLLARDS, PARK BENCHES, PICNIC TABLES, PARK KIOSKS AND OTHER PARKFIXTURES AND AMENITIES 5.4.1General Requirements Bollards, gates, fences, park benches, picnic tables, decorative trash receptacles, kiosks, and other park amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Bollards shall be removed and immediately placed back in position, and gates shall be opened and then closed, whenever access is required by the Contractor for maintenance activities in the signature parks. Bollards and gates shall remain locked and not left unsecured. Park benches, picnic tables, informational kiosks, doggie pot stations, picnic tables or other park fixtures shall be wiped clean, or pressure washed when needed. Missing or damaged bollards, gates, locks, or other park fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ outlined in Chapter 7. 5.4.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1.Inspection and maintenance shall occur not less thantwo times per week from April through October and weekly from November through March. There is a general expectation that inspection and maintenance of park fixtures shall always occur incidental to other work. 5.4.3Measurement Measurement shall be Lump Sum for “Bollards, Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures.” The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other parks fixtures in the signature parks is shown in Chapter 8, Appendix A. 5.4.4 Payment Payment shall be lump sum Contract price for “Bollards Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged park fixtures may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.5 MIRABEAU SPRINGS WATERFALL AND POND 5.5.1General Requirements The Mirabeau Springs waterfall and pond have become a signature feature within the City of Spokane Valley’s Park System. The pond and waterfall requires daily maintenance when active, generally from approximately April 1 –November 1, to keep the strainer free of debris and functioning properly. Trash must be removed from the pond daily. In addition to other water quality maintenance, there may be a need to remove soap suds from the pond if encountered. If the pump fails, or problems arise with electrical or mechanical components that cause the circulation system to require special maintenance, the contractor shall notify the Administrator immediately. 5.5.2Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Pond activation and winterization will coincide with the City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ park irrigation system activation and winterization. 5.5.3Measurement Measurement shall be Lump Sum for “Mirabeau Springs Waterfall and Pond.” The existing water feature consists of an approximate 7,000 square foot PVC lined pond, a 24-inch diameter screened intake pipe, a wet vault with submersible pump system, an automated low water/keep-fill float, electronic controls, and a 10-inch cast iron return pipe which takes water to the top of the 60-foot natural rock outcrop. At the top of the bluff, the outfall splits into a “T” to produce two waterways supplying the falls. 5.5.4Payment Payment shall be Lump Sum for “Mirabeau Springs Waterfall and Pond” and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged system componentsmay be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1General Requirements Snow removal from parking lots, park pathways, hardscapes, and municipal sidewalks associated with the signature parks shall commence at 1” or more accumulation on level surfaces. Snow shall be removed within eight hours following the measurable accumulation of 1 inch. All areas shall be sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. Ifaccumulations interfere with parking or other use,or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. If accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable, contractor may request approval from Administrator or designee to forego removal. Ice Melt: Contractor shall berequired to spread a commercial ice melt product which is deemed safeto turf, plants, and physical structures onpark pathways and municipal sidewalks associated with the signaturepark properties to maintain free of ice during hours which that facility may reasonably be in use by the public. 5.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shallaccommodate usage demand. Schedule to be City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ worked out with Director. 5.6.3Measurement Measurement shall be Lump Sum for “Parking Lot and Sidewalk/Pathway Snow Removal.” The approximate quantity for snow removal from parking lots at Mirabeau Point Park (located at Mirabeau Meadows and the CenterPlace grounds) is 205,000 square feet. The designated municipal sidewalks and parkpathways for snow removal at CenterPlace and Mirabeau Meadows are depicted in Appendix C. The approximate quantity for snow removal from parking lots at Balfour Park is 39,593 square feet. Thedesignated municipal sidewalks and parkpathways for snow removal at Balfour Park are depicted in Appendix D.Park pathways shall be cleared to a width of 6 feet. Additionally, snowshall be clearedfromthe Events Plaza/Veterans Memorial. 5.6.4 Payment Payment shall be lump sum Contract price for “Parking Lot and Sidewalk/Pathway Snow Removal” and shall be paid for furnishing all tools, labor, equipment, materials, and supplies required. 6 INSPECTION 6.1 General Requirements The Contactor shall perform visual site inspectionswhen onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the Cityif any, but not limited to, the following are found or needed: Irrigation sprinkler system repair requirements Pest and disease infestation Structural Damage to drywells, catch basins, and inlets Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale Dry or dead turf in irrigated areas. Removal and replacement of bark Illegal dumping Tree, plant, or shrub removal and replacement Tree, plant, or shrub trimming City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Dead or Stolen PlantMaterial Accident cleanup Miscellaneous damage to City owned landscaping Fence damage Graffiti Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures Cracked asphalt, potholes, or crumbling edges of trail surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 “Force Account Maintenance.” The determination of whether the work is unanticipated maintenance shall be made by the City. TheCity may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. 7 FORCE ACCOUNT MAINTENANCE 7.1. General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenanceand explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor’s intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ ISA standards. The Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: Meet the requirements of chapter 22.70 SVMC for street trees. Closely match existing trees along the corridor. Approval of the City prior to installation. Minimum of 1½ inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary), trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year, new trees will be fertilized spring and fall, then once per year for the next two years. 7.2.3 Payment Payment will be made in accordance with the Contract. 7.3 DEAD OR STOLEN PLANT MATERIAL 7.3.1General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement. No replacement plantings shall be done without consent of the City. 7.3.2Payment Payment will be made in accordance with the Contract. City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 7.4PEST AND DISEASE CONTROL 7.4.1General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2 Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1General Requirements The Contractor is responsible for the operation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on those elements of the system requiring special equipment, labor, or parts. Force account maintenance may include, but is not limited to the following: Replace special itemcontrollers Replace water meters Deep excavation valve replacement Sub-irrigation type emitters Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, “Standard Irrigation Maintenance.” This determination will be made by the City. 7.5.2Payment Payment will be made in accordance with the Contract. 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain tables with approximate quantities and site maps of the locations of the work to be performed under this contract. Appendix A: MirabeauPark Quantities and Site Images City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Appendix B: Balfour Park Phase 1 quantities and site map diagrams Appendix C: Mirabeau Point Park Snow Removal Map Appendix D: Balfour Park Snow Removal Map City of Spokane ValleyBid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ Valley Spokane of City Park Images Site Mirabeau - and B Quantities Appendix Estimated Quantities - Mirabeau Point Park 68975985563460046010043920 5 1 32 705 83 800061 7 3 1 2 430 64 6 340051290 ,,,,,,,,,, 1426524218 3 1 3 9504 7121 Mirabeau Point Park ) ) s y Maintenance Hardscape (sq ft / Kiosk (#) Fixed Table / / Bollards Flagpole Trees (#) Shrubs (#) Shelters (#) Size (Acres) Landscape Area Lights (#) Location Name Gravel Pathwa Signs Picnic Tables (#) Fence (Linear ft) Shelters (Sq Ft) Sidewalk Playgrounds (Sq Ft) Unimproved (Acres) Trash Containers (#)/ Backflow Devices (#) Irrigated Turf (Acres)Landscaping Beds (#) Unpaved Trails (sq ft) Concrete Stage (sq ft) Irrigated Turf (sq feet)Drinking Fountains (#) Benches Paved Parking (Sq Ft Landscaping Beds (Sq Ft) Parks Pathway Signature Valley Spokane of City Park Images Site Mirabeau - and B Quantities Appendix 71112 102014 20 350 164398933 7.284.19 1,932 1,156 80,00025,00045,104 317,117 a. Mirabeau Meadows Maintenance Landscape Estimated Quantities - Mirabeau Point Park - Mirabeau Meadows, 13500 E Mirabeau Pkwy. Bollards Trees (#) Shrubs (#) Shelters (#) Restrooms (#) Area Lights (#) Location Name Picnic Tables (#) Fence (Linear ft) Restrooms (Sq Ft) Shelters (Sq Ft) Unimproved (Acres)Parks LOCATION NUMBERTrash Containers (#) Backflow Devices (#) Irrigated Turf (Acres) Concrete Stage (sq ft) Irrigated Turf (sq feet)Drinking Fountains (#) Benches/ Fixed Tables Paved Parking (Sq Ft) Landscaping Beds (Sq Ft) Pathway / Sidewalk (sq ft) Signature Valley Spokane of City NORTH Park Images Site Mirabeau - and B Quantities Appendix 1185 1338 58 105514 315210800 1,899 24,69436,00070,400 434,831180,000 f. CenterPlace Grounds Estimated Quantities - Mirabeau Point Park -CenterPlace Grounds, 2426 N Discovery Place Maintenance Hardscape (sq ft) / Flagpole Bollards Trees (#)Bike Rack Shrubs (#) Shelters (#) Area Lights (#) Restrooms (#) Signs / Kiosk (#) Picnic Tables (#) Fence (Linear ft) Location Name Shelters (Sq Ft) Landscape Sidewalk Playgrounds (Sq Ft) LOCATION NUMBERTrash Containers (#) /Benches/ Fixed Tables Backflow Devices (#) Irrigated Turf (Acres)Landscaping Beds (#) Irrigated Turf (sq feet)Drinking Fountains (#) Paved Parking (Sq Ft) Landscaping Beds (Sq Ft) Parks Pathway Signature Valley Spokane of City Park Images Site Mirabeau - and B Quantities Appendix Estimated Quantities - Mirabeau Point Park - Natural Area 001 unkunk 21.18 14,166 c. Natural Area Maintenance Landscape Trees (#) Shrubs (#) Location Name Signs / Kiosk (#) Picnic Tables (#) Fence (Linear ft) Unimproved (Acres)Parks LOCATION NUMBERTrash Containers (#) Irrigated Turf (Acres) Unpaved Trails (sq ft) Irrigated Turf (sq feet)Drinking Fountains (#) Benches/ Fixed Tables Gravel Pathways (sq feet) Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Maintenance Landscape Parks B Appendix Signature Appendix B Signature Parks Landscape Maintenance Maintenance Landscape Parks B Appendix Signature Appendix C MirabeauPointPark Snow Removal: Sidewalks and Pathways Signature Parks Landscape MaintenanceCity of Spokane Valley 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **ADDENDUM #1** Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 7, 2023 ThisAddendum #1 pertains to theCity’s Request for Proposals (RFP) regarding Landscape Maintenance for Parks, Trails, and Open Spaces. Addendum #1 serves as notice that Attachment D to the RFP is replaced with Attachment D-1. Attachment D-1 is the sample contract which clarifies some terms, replaces the language in Section 16 Insurance,and updates the Signature Block on the last page. This Addendum #1 and Attachment D-1, along with the full RFP,areavailable at https://www.spokanevalleywa.gov/359/Public-Notices. Attachment D LANDSCAPE MAINTENANCE AGREEMENT \[Applicable Scope of Service\] <Name of Contractor> THIS AGREEMENT(the “Agreement”) is made by and between the City of Spokane Valley, a code city of the State of Washington (“City”) and _______________________________, (“Contractor”) jointly referred to as the “Parties”. IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies and equipment and other items necessary for the \[Applicable Scope of Service\] (hereinafter “Work”) in accordance with the Contract Documentsand shall perform any changes in the work in accordancewith the Contract Documents. The Contract Documents include this Agreement, theSubmittal Response, Addenda, Special Provisions, Insurance Certificates, and the Performance and Payment Bonds which are by this reference incorporated herein and made part hereof (the “Contract Documents”). The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the compensationset forth in the Contractor’s bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for completing the Work and related activities provided for in the Contract Documents (except those items mentioned therein to be furnished by the City) to City’s satisfaction. The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state and federal standards, codes, ordinances, regulations and lawsas now existing or as may be adopted or amended. Contractor acknowledges review of the Contract Documents and accepts the same. 2.Term of Contract. This agreement shall be in full force and effect beginning January 1, 2024, and shall remain in effect for three years, with oneadditional three-yearrenewal option which may be exercised by the City Manager or designee. Renewals, if any, shall coincide with the calendar year. Either Party may terminate this Agreement with a minimum of 90 days’ written notice at any time during a contract term. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3.Liquidated Damages. See section 4, Compensation, and section 5, Payment for details regarding incomplete or unsatisfactory Work. 4.Compensation. Contractor shall be compensated as follows: (a)The City shall pay the Contractorup to $________ annually inclusive of sales tax, at the then current rate, for as full compensation for all Work as identified in the Contract Documents. Parks Maintenance Agreement 2024Page 1 of 9 Compensation may be adjusted pursuant to the Special Provisions for subsequent contract years or renewals. If Contractor does not provide services hereunder for a full calendar year, then the payment due under this subparagraph shall be prorated. (b)Force account maintenance work. Upon the request of the City for the Contractor to complete specific workoutside the scopeof the lump sum contract, the City shall pay the Contractor on a time and materials basis for all work completed and materials used based on an estimate provided by the Contractorand approved by the City. Force account maintenanceshall not exceed $25,000. 5.Payment. Contractor shall be paid in monthly installments. The Contractor shall submit invoices to the City which document the work performed for the previousmonth. The City shall pay the Contractor within 30 days of receipt of a properly submitted invoice that has been approved by the City, except as described in section 5(a) and 5(b) below. Upon request, the Contractor shall provide further documentation to support the invoice. (a)Pursuant to RCW 60.28 et seq., 5% of the compensation due Contractor shall be retained by City and administered in accordance with applicable Washington law. (b)The 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 Contract Administratorto be incomplete or noncompliant with the Contract Documents,Special Provisions,City standards, City code, or federal or state standards. The amount withheld shall be determined in the reasonable judgment of the Contract Administrator, based on the estimated value of the incomplete or noncompliant work, which was not timely remedied pursuant to section 2.4 of the Special Provisions. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson, City ClerkName: Phone: (509) 921-1000 Phone: Address: 10210 East Sprague Ave Address: Spokane Valley, WA 99206 7.Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8.Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions. A.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 or 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 Parks Maintenance Agreement 2024Page 2 of 9 antitrust statues 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. 9.Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries (“L&I”). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A.State of Washington prevailing wage rates applicable to this public works project, published by L&I are located at the L&I website address: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B.This Project is located in Spokane County. C.The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates isalso available for viewing at the officesof City located at 10210 East Sprague, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10.Relationship of the Parties. It is understood, agreed,and declared that Contractor 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 Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. As such, the Contractor shall be solely responsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, including, but not limited to, those promulgated under the Washington Industry Safety and Health Act, chapter 49.17 RCW, and Title 296 WAC. Parks Maintenance Agreement 2024Page 3 of 9 11.Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor 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. 12.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 Contractor’s records with respect to all matters covered in thisAgreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreementfor a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreementare free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor’s other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registeredand bonded by the State of Washington at all times this Agreement is in effect. 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bondeachin the full amount of the contract on the City’s bond forms, which shall be executed and attached to this Agreement as part of the Contract Documents. 16.Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liabilityinsurance 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 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. The Cityshall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Cityusing 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. Parks Maintenance Agreement 2024Page 4 of 9 3.Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liabilityinsurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liabilityinsurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products-completed operations aggregate limit. C.Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1.Contractor’s insurance coverage shall be primary insurance withrespecttoCity. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor’sinsurance and shall not contribute with it. 2.Contractor shall fax or send electronically in .pdf format a copy of insurer’s cancellation notice within two business days of receipt by Contractor. 3.If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. D.No Limitation. The Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F.Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractorreturns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shallinclude applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. G.Maintaining Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the Citymay, after giving at least five business days’ notice to Contractor to correct the breach, immediately terminate the Agreementor, at its discretion, procure or renew such insurance and pay any and all premiums in Parks Maintenance Agreement 2024Page 5 of 9 connection therewith, with any sums so expended to be repaid to the Cityon demand, or at the sole discretion of the City, offset against funds due Contractor from the City. H.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City 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. 17.Criminal Background Checks. Contractor agrees that it shall not ask or direct any person to go to any City Parkproperty in the performance of this Agreement, whether the person is an employee or volunteer, unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18.Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes 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. 19.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. 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 timeany 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. 20.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 first obtaining the written consent of the other party. 21.Confidentiality. Contractormay, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 22.Disputes. All disputes arising under or related to this Agreementthat cannot be resolved through informal discussion and negotiations shall be resolved by litigation filedin the Superior Courtof the State Parks Maintenance Agreement 2024Page 6 of 9 of Washington for Spokane County, unless otherwise required by applicable federal or state law. 23.Subcontractor Responsibility. 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 shallbe included in every subcontract of every tier. 24.Jurisdiction and Venue.This Agreementis entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 25.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedesany prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties. 26.Anti-kickback. No officer or employee ofCity, 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 fromany person with an interest in this Agreement. 27.Business Registration. Prior to commencement of Work under this Agreement, Contractorshall register with the City as a business. 28.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A.Compliance with Regulations. Contractor 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. B.Non-discrimination. Contractor, 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. Contractor 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 Contractor 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 Contractor of Contractor’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D.Information and Reports. Contractor 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 Parks Maintenance Agreement 2024Page 7 of 9 or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any informationrequired of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor 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 Contractor'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 Contractor complies; and/or 2.Cancelling, terminating, or suspending the Agreement, in whole or in part. F.Incorporation of Provisions. Contractor 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. Contractor 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor 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 Contractor 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; and 49 Part 26; 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 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 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 Parks Maintenance Agreement 2024Page 8 of 9 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.). 29.Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by acourt of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase ofthis Agreement. 30.Attachments. Attachments and Exhibitsincorporated into this Agreement are: Contract Documents The Parties have executed this Agreement this day of __________, 2023. CITY OF SPOKANE VALLEY:Contractor: John Hohman, CityManagerBy: Its: Authorized Representative ATTEST:APPROVED AS TO FORM: Marci Patterson, City Clerk Office of the City Attorney Parks Maintenance Agreement 2024Page 9 of 9 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **ADDENDUM #2** Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 7, 2023 ThisAddendum #2 pertains to theCity’s Request for Proposals (RFP) regarding Landscape Maintenance for Parks, Trails, and Open Spacesand affects the Special Provisions for each of the following scopes of services: RFP Attachment F1 - Special Provisions - Linear Parks and Roadway Landscape Maintenance RFP Attachment F2 - Special Provisions - Designated Parks Landscape Maintenance RFP Attachment F3 - Special Provisions - Signatures Parks Landscape Maintenance Addendum #2 serves as notice that Section 2.1.1Annual Work Plan in each of the Special Provisions documents referenced above is amended as follows: (added text is highlighted and underlined) 2.1.1Annual Work Plan The Contractor shallsubmit anannualworkplanto theCityin accordance with Section 1.18.2 – Contractor Reports.The plan communicateswho,when,and how theContractor willcompleteall plannedwork during the course of theyear.Adjustments tothe plan during the yearmay be necessaryand the Contractor is toworkwith Citystaffon any necessary revisions. TheAnnual Work Plan should indicatesuchthingsas: … Specific schedule for othertask work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Seasonal Irrigation/Sprinkler System Adjustments <spring, summer, fall> o Startup and Winterization <application timeframe, i.e. month, week(s)> o Backflow testing <application timeframe> … All other language in Section 2.1.1 of the Special Provisions not specifically highlighted or underlined remains unchanged. No text in the RFP is deleted by this Addendum #2. This Addendum #2 along with the full RFP, are available at https://www.spokanevalleywa.gov/359/Public-Notices. Addendum #1 - Request for Proposals for Affordable Housing and Homeless Services Spokane Valley, WA Publication Date: January 24, 2023 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **ADDENDUM #3** Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 7, 2023 ThisAddendum #3 pertains to theCity’s Request for Proposals (RFP) regarding Landscape Maintenance for Parks, Trails, and Open Spacesand affects the Special Provisions for the following scope of services only: RFP Attachment F3 - Special Provisions - Signatures Parks Landscape Maintenance Addendum #3 serves as notice that Balfour Park Phase 1 construction will not be completed in 2023 asoriginallyanticipated, and the park site will be fenced off for the winter except for the pathway along Sprague Avenue. As such, the start of services for most of the landscape maintenance services atBalfour Park will be delayed until 60 days following the declaration of substantial completionof the construction project. It is currently estimated that substantial completion may be declaredon or around May 1, 2024,resulting in landscape maintenance servicesat Balfour Park commencing on or around July 1, 2024. RFP respondents for “Signature Parks Landscape Maintenance” shallsubmit a second, separate base bid sheet (RFP Attachment E3(b) - Base Bid Schedule Bfor First Year Signature Parks and Landscape Maintenance) reflectingonly 5 months of servicefrom July through Decemberat Balfour Park. Respondents should base their costing on the assumption that services will commence on July 1, 2024 (except for snow removal, which, if needed during Jan-March 2024 shall be limited to only the area shown on RFP Attachment F3(b) – Appendix D-1). Base Bid Schedule B should still also include the full costs for landscape maintenance services at Mirabeau Point Park which is unaffected by this Addendum. In addition, RFP respondents shall still fill outthe Base Bid Schedule – E3 which reflects a full year of services for the Signature Parks. In order to determine the costs for evaluation purposes, the City will utilize the Base Bid Schedule – E3, which reflects the full year of services at the Signature Parks. This Addendum #3 and RFP Attachments E3(b)–Base Bid Schedule B and F3(b)–Appendix D-1, along with the full RFP, are available at https://www.spokanevalleywa.gov/359/Public-Notices. Addendum #1 - Request for Proposals for Affordable Housing and Homeless Services Spokane Valley, WA Publication Date: January 24, 2023 Attachment E3(b) BaseBidScheduleB for First Year SignatureParks and Landscape Maintenance ITEM # ITEMDESCRIPTION UNITS QTY. PRICE/UNIT TOTAL 1 Mowing, Trimming, Edging and Standard Irrigation LS 1 Maintenance 2 Core Aeration LS 1 3 FertilizationLS 1 4 Weed Controland Chemical Spraying LS 1 5 Tree and Shrub Trimming and Maintenance LS 1 6 Landscape Bed MaintenanceLS 1 7 Noxious Weed Control and Chemical Spraying – LS1 Unimproved Areas 8 Litter Control – Unimproved AreasLS1 9 Mowing and Trimming – Non-Irrigated Areas LS 1 10 Sweeping LS 1 11Garbage Removal LS 1 12 Weed Control – Hardscapes LS 1 13 Bollards Park Benches, Picnic Tables, Park Kiosks LS 1 and Other Park Fixtures 14 Mirabeau Springs Waterfall and Pond LS 1 15Parking Lot and Sidewalk/Pathway Snow Removal LS 1 16 Force Account Maintenance & Repairs EST $ 25,000 $25,000 *BID TOTAL: *(Items 1-15 are the cost for the contract. Item 16 is then added for the total cost. Item 16 may or may not be utilized during the contract term.) Person/Entity Name: Signature of Bidder: __________________ Company: Date: _____________________________ City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: ________ 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **ADDENDUM #4** Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 7, 2023 ThisAddendum #4 pertains to theCity’s Request for Proposals (RFP) regarding Landscape Maintenance for Parks, Trails, and Open Spacesand affects the Special Provisions for each of the following scopes of services: RFP Attachment F1 - Special Provisions - Linear Parks and Roadway Landscape Maintenance RFP Attachment F2 - Special Provisions - Designated Parks Landscape Maintenance RFP Attachment F3 - Special Provisions - Signatures Parks Landscape Maintenance Addendum #2 serves as notice that Section 3.4.3 Approved Fertilizer in each of the Special Provisions documents referenced above is amended as follows: (modifiedtext is shown in strikethrough where deleted and underlined whereadded) 3.4.3Approved Fertilizer City Approved List: Where allowed by state law per RCW 15.54.200(2)(a) and (b): o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 Other N-P-K fertilizers outside the recommended ratiocan/shall be submitted to the City for approvalbased on soil analysis by a lab selected by contractor and approved by owner. This Addendum #4 along with the full RFP, areavailable at https://www.spokanevalleywa.gov/359/Public-Notices. 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **ADDENDUM #5** Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 7 November 9, 2023 ThisAddendum #5 pertains to theCity’s Request for Proposals (RFP) regarding Landscape Maintenance for Parks, Trails, and Open Spaces. Addendum #5 serves as notice that theSubmittal Deadline has been extended from 5:00 p.m. on thth, November 7 to 5:00 p.m. on November 92023. This Addendum #5 along with the full RFP and Addendum #1, #2, #3, and #4, areavailable at https://www.spokanevalleywa.gov/359/Public-Notices. 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **QUESTIONS & ANSWERSPROVIDED** Landscape Maintenance Parks, Trails, and Open Spaces Due Date: 5:00 p.m., November 9, 2023 --------------------------------------------------------------------------------------------------------------------- Question received from interested party: Will the committee’s meeting be recorded? How will it be transcribed to us that it was a fair process? Answer provided by City: Members of the scoring committee will have their own individual scores. Then they will have discussions and could change their minds, but ultimately, are responsible for their own scores. An average will then be calculated. If you wish, score sheets will be available through the public records request process. --------------------------------------------------------------------------------------------------------------------- Question received from interested party: Who will be scoring these? Answer provided by City: City staff. --------------------------------------------------------------------------------------------------------------------- Question received from interested party: How will it be scored? Answer provided by City: There is an Evaluation Criteria section in the package: 1.Entity and individual qualification, capabilities, and past experience: 30 points. 2.Understanding of the Scope of Services as demonstrated by submittal response: 15 points. 3.Cost of services: 55 points. NOTE: The evaluation criteria is solely for staff to form recommendations to be presented to City Council. City Council retains the authority to review all proposals and select the proposal or proposals that best meet the needs and interests of the City. --------------------------------------------------------------------------------------------------------------------- Question received from interested party: Is the Scope of work for the fertilization line itemfor example based on the contractor’s recommendation or does the city choose? Answer provided by City: There is sufficient information in the RFP special provisions documents to answer this. --------------------------------------------------------------------------------------------------------------------- Question received from interested party: If a single \[firm\] was awarded 2 or 3 of the provisions, do they need a different supervisor foreach contract or can the same supervisor oversee them all? Answer provided by City: The same supervisor can be designated for more than one contract, if awarded (and feasible). --------------------------------------------------------------------------------------------------------------------- Question received from interested party: Do we need to obtain a bond for each one of the 3 provisions or does one bond cover all of them? Answer provided by City: There is no bid bond requirement, just payment and performance bonds for contracts awarded. We anticipate one contract with each awarded entity. If an entity receives multiple awards, the scopes of services will reflect that in the Contract Documents. Thus, one performance bond, and one payment bond only would be required that combines the amount of the entire contract. --------------------------------------------------------------------------------------------------------------------- Last Updated: November 3, 2023 Question received from interested party: 3.5.1 under the Roadside and Trails Provision It indicates contractor shall keep all improved and irrigated areas included in this contract Weed Free. This would mean 0 weeds, correct? Under 3.5.2 it says 4 applications a year except for specified areas which is 2 times a year and spot treatments maybe needed in the summer months to control excessively weedy areas. These 2 statements are counteractive of each other and confusing. Are we bidding this to keep it weed free or bidding this to do 4 applications a year and may be requested or needed to do some spot treatments during the summer months only? If it is the latter, can you remove the language "weed free" from the RFP please. M y professional opinion is that it would be an unreasonable expectation for someone to maintain 14.5 acres of turf as weed free and worries me that any of you could be driving down the road and spot a single dandelion and say that we need to go treat again at no more cost to the city. Answer provided by City: The spec for 4 applications at some locations versus 2 applications at other locations is based on feedback from an existing contractor and a recommendation that we increase from 2 to 4 for areas where we want to see better results. The City has acknowledged that 2 additional applications are worth specifying and including in the contract. Additional spot treatments may be necessary at no additional cost to the City. --------------------------------------------------------------------------------------------------------------------- Question received from interested party: Do we include the numbers for the force account in our total proposal for each Provision? Answer provided by City: Yes, they are added to your line-item numbers, as shown on the Bid Sheet, and then included in the bid total. This information may be updated as additional questions are received and answers provided. This document will be posted along with all Addenda and the full RFP at: https://www.spokanevalleywa.gov/359/Public-Notices. Last Updated: November 3, 2023 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org RFP for Landscape Maintenance of Parks, Trails, and Open Spaces - Evaluator Scoring Guide Example Rating3015 Outstanding3015 Excellent2510 Adequate168 Less than adequate84 Not acceptable00 1.Entity and individual qualifications, capabilities, and past experience. 30 points. Text from RFP: “Describe the entity’s experience in providing landscape maintenance services, and summaries of previous work that details the entity’s capability to perform the scope of landscape maintenance services listed in the \[applicable Special Provisions\]. Please provide at least two references that the City may contact.” 2.Understanding of scope of services as demonstrated by submittal. 15 points. Examples of information requested in the submittalresponsesfor each scope of service: Supervisor and Employees o Designated Supervisor -experience and qualifications o Number of employees dedicated to fulfilling the terms of the Special Provisions o List of roles, qualifications and any necessary licenses held by employees Equipment o Equipment and vehicles that will be utilized to perform the services o Secured storage that will be utilized to store equipment and supplies Proposed Work Plan o Contact information for key personnel o General schedules for routineweekly work o Specific schedules for seasonal tasks Aeration, Fertilization, Weed Control Irrigation Activation, Seasonal Adjustments, and Winterization Self-inspection plan and reporting o Specific products the contractor intends to use (fertilizers, herbicides, etc.) o Example employee uniform Completed Bid Schedule o Note: Estimated quantities and frequency of service listed in Special Provisions 3.Cost of services.55 points. The following formula will determine the amount of points awarded for this category: Price of Lowest Cost Proposal Price of Proposal Being Evaluated x 55 points =Awarded Points 0000001 55 EVALUATOR NAME ________________________________________________ 301555 RFP SCORING SHEET: LINEAR PARKS AND ROADWAY LANDSCAPE MAINTENANCE (Points Awarded = (Price EVALUATION CRITERIAWEIGHTSENSKE SCORENOTESENTITY QUALIFICATIONS, CAPABILITIES, AND PAST EXPERIENCEUNDERSTANDING OF THE SCOPE OF SERVICES AS DEMONSTRATED BY SUBMITTAL REPONSECOST OF SERVICES of Lowest Cost Proposal / Price of Proposal Being Evaluated) * 55 points)TOTAL SCORE100MISC NOTES: 55 NOTESSENSKE SCORENOTES 0000001 = 43.4 Points Low Bid Amount: $625,820 / Bidder Amount: $793,000 = 0.7891 X 55 EVALUATOR NAME ________________________________________________ 43.4 CLEARWATER SUMMIT SCORE RFP SCORING SHEET: DESIGNATED PARKS LANDSCAPE MAINTENANCE 301555 (Points Awarded = (Price EVALUATION CRITERIAWEIGHTENTITY QUALIFICATIONS, CAPABILITIES, AND PAST EXPERIENCEUNDERSTANDING OF THE SCOPE OF SERVICES AS DEMONSTRATED BY SUBMITTAL REPONSECOST OF SERVICES of Lowest Cost Proposal / Price of Proposal Being Evaluated) * 55 points)TOTAL SCORE100MISC NOTES: 55 NOTESSENSKE SCORENOTES 0000001 = 48.2 Points Low Bid Amount: $586,700 / Bidder Amount: $669,085 = 0.8768 X 55 EVALUATOR NAME ________________________________________________ 48.2 CLEARWATER SUMMIT SCORE RFP SCORING SHEET: SIGNATURE PARKS LANDSCAPE MAINTENANCE 301555 (Points Awarded = (Price EVALUATION CRITERIAWEIGHTENTITY QUALIFICATIONS, CAPABILITIES, AND PAST EXPERIENCEUNDERSTANDING OF THE SCOPE OF SERVICES AS DEMONSTRATED BY SUBMITTAL REPONSECOST OF SERVICES of Lowest Cost Proposal / Price of Proposal Being Evaluated) * 55 points)TOTAL SCORE100MISC NOTES: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 2023 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: 2024 Annual Comprehensive Plan Amendment (CPA) Docket GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A, Spokane Valley Municipal Code (SVMC) Chapters 19.30 and 17.80 PREVIOUS ACTION TAKEN: None BACKGROUND: The GMA allows local jurisdictions to consider amendments to their Comprehensive Plan once each year. The City codified this process in 17.80.140 SVMC. Consistent with state law and the SVMC, staff published notice on September 15 and 22, 2023, notifying the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. The notice was also sent to all agencies, organizations and adjacent jurisdictions that may have an interest in amending the comprehensive plan. CPAs are divided into two categories: map amendments and text amendments (including charts, tables, and graphics). CPAs may be privately initiated or City initiated. This year, there are two City-initiated map amendments. As part of the annual comprehensive plan amendment cycle, the City Council is presented with proposed amendments that may be considered for the year’s amendment cycle. This process, known as docketing, provides the City Council the opportunity to remove items from the docket. Tonight, staff will present and discuss the 2024 Comprehensive Plan Docket. Staff will return on December 19, 2023 with a motion consideration for City Council to consider approval of the Docket. Items included in the Docket will be considered for amendments to the Comprehensive Plan. The amendment process will include staff analysis, a public hearing and recommendations from the Planning Commission prior to the City Council taking final action on the proposed amendments. OPTIONS: Council consensus to proceed with the proposed 2024 Comprehensive Plan Docket, as presented or with items removed, for motion consideration at the December 19, 2023 Council meeting, or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Council Discretion BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Levi Basinger, Planner ___________________________________________________________________________ ATTACHMENTS: 2024 Comprehensive Plan Docket Presentation Exhibit 1 City of Spokane Valley 2024 Comprehensive Plan Amendment Docket CITY INITIATED COMPREHENSIVE PLAN MAP AMENDMENTS File NumberMap Summary of Amendment CPA-2024-01Land Use Map Change land use designation and zoning for parcels 35233.9191, 35233.9192, and 35233.9176 (approximately 44 acres) from Multi-Family Residential to Mixed Use and Change land use designation and zoning for parcels 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606,35233.0607, 35233.0608, 35233.0609, 35233.0505 (approximately 5.2 acres) from Multi-Family Residential to Single-Family Residential CPA-2024-02Land Use Map Change land use designation and zoning for parcel 55183.0723 (approximately 0.83 Acres) from Single- Family Residential to Corridor Mixed Use CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:December 12, 2023 Department Director Approval: Check all that apply:consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Administrative Report – City Signal Shop GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Currently, the City contracts with Spokane County for traffic signal, sign, and pavement marking maintenance through a 2009 Interlocal Agreement (ILA) for Road Maintenance Services. In previous years, the County provided service levels that met our needs. Due to staffing shortage in all County maintenance groups, the Spokane County signal shop has not been able to perform most of the required maintenance functions, as noted in the letter from Matt Zarecor, County Engineer, on May 15, 2023. The County intends to maintain a traffic signal shop of three staff to manage County operations with limited support to adjacent municipalities. As the City grows and continues to install new traffic signal and intelligent transportation system (ITS) infrastructure, the need for in-house knowledge, experience, and availability has become evident. Initially, with a single traffic signal technician hired in 2023, the City began the transition to assisting the County by completing weekly patrols with associated maintenance including inspecting, repairing, and updating traffic signal cabinets throughout the City. As a result of the County not having available staff, the City began the transition to performing most of the routine maintenance functions, utilizing external support for larger tasks provided by contractors with minimal County personnel for most of 2023. This approach is not cost efficient and does not provide consistent expertise or the level of service needed within the existing budget. Contracted maintenance personnel do not have the same level of training or familiarity with the City’s system as in-house staff and are often only basically trained for electrical repair. Additionally, dependence on County or contracted support for emergency after-hours call-outs may result in delays or decreased safety due to limited staff and experience. City staff have developed a plan to accomplish all signal maintenance, with the option to provide support to other local agencies on an as-needed basis. Currently, the City has one Signal Technician. To meet our historical level of service pertaining to traffic signal maintenance and repair, the City needs a full-service signal shop, which would include a Chief Signal Technician and two Signal Technicians. The following are key elements to develop a signal shop for the City and occasional emergency support to Spokane County, which still requires some limited support from Spokane County, or other contractor. Reclassify existing Traffic Signal Technician as Chief Signal Technician Hire two Signal Technicians Acquire additional tools and signal equipment inventory for the City’s signal system. Secure a bucket truck capable of reaching 35’ height for year-round use. Purchase one additional fleet service vehicle for the additional technicians Contract for external support by a contractor, Spokane County, and/or WSDOT for after- hours emergency response service and some limited maintenance. The 2024 budget for the signal maintenance services with Spokane County is in the amount of $435,000. The non-recurring, upfront, costs, as summarized in Table 1, include equipment and supplies that are expected to be a one-time charge. These costs have been estimated conservatively given the recent spike in prices. Table 1. Estimated, Non-Recurring Equipment Costs Signal Shop Item (Chief & 2 Technicians) Parts Inventory/Stocked items $ 31,000 Shop and Field Work Tools $ 26,375 Office equipment for additional technicians $ 6,000 Office Furniture for additional technicians $ 8,000 (assumes single up-front purchase) Additional technician truck or van, fully outfitted $ 65,000 F550 35’ Bucket Truck (purchase used) $ 140,000 Class 6 50’ Bucket Truck n/a (optional, rent as needed) Additional personnel (see recurring costs) 2 FTEs Approximate Cost for essential equipment $ 276,375 based on number of additional technicians. Table 2 presents the additional recurring costs associated with the development of the traffic signal maintenance capabilities of the City. The recurring costs to Street Fund #101 are those costs above current budget levels. The rental equipment costs are related to a secondary bucket truck, but may include other items such as forklifts, pressure washers, generators, etc. The recurring supply costs are related to expendable items such as wire connectors, air filters, bolts, etc. and are calculated based on 60% usage of the initial inventory costs from Table 1. Table 2. Estimated Additional Annual and Recurring Costs to 2024 Street Fund #101 Signal Shop Item (Chief & 2 Technicians) Labor & Benefit Costs $ 232,949 (Added Costs – City currently employs 1 technician) External Support –Contracted Emergency $ 75,000 Assumes 2 calls per week, 1 with bucket truck Training, Licensing, etc. $ 1,500 Cellular Phones and enabled laptops $ 2,160 Asset Management/Task Order software $ 5,000 Rental equipment $ 16,000 Recurring supplies $ 18,600 Fuel $ 36,000 Miscellaneous Costs $ 3,280 Approximate Additional Recurring Costs (In- $ 390,489 house signal maintenance scenarios) Reduction in County Maintenance (est) $ (385,000) (2024 Budget -$435,000) Revenue from Adjacent Jurisdictions (est.) n/a Net Impact to Street Fund #101 Budget $ 5,489 As the City accomplishes more tasks of a signal shop independently, the annual costs related to the Spokane County ILA will be reduced. Currently, the 2024 budget for County provided signal maintenance is $435,000. The development of an in-house signal maintenance crew, staff estimates a reduction of the Spokane County contract by approximately $385,000. Which leaves approximately $50,000 in the contract for Spokane County to provide emergency services. As summarized Table 1 and 2, the completion of in-house signal maintenance tasks is expected to incur a minor increase in recurring costs to Street Fund #101, as well as an increase to initial up-front expenditures. To fully serve the City with current levels of service, initial capital expenditures are expected in the range of $276,000 for vehicles, tools, equipment, and supplies. Similarly, increased annual recurring costs for employee wages, benefits, rental equipment, emergency services, and supplies are estimated to be approximately $390,000 for a shop with limited external support, which is offset by a corresponding decline in contracted traffic signal maintenance services cost provided by Spokane County. In 2022, with declining service from Spokane County, the City paid approximately $345,000 for traffic signal maintenance services. For 2023 to-date, the City has paid approximately $128,000 to the County for signal maintenance services, during which the City has received a drastic reduction in County-provided service levels. Ultimately, the County has not been able to provide historic levels of service for 2022 or 2023. SUMMARY:Given the current staffing shortfalls being experienced in the Spokane County traffic signal shop, staff worked with the County to develop a plan to transition signal maintenance tasks to the City. These additional tasks necessitate the development of an in-house traffic signal shop. The following summarizes the recommended plan moving forward and the impacts to the existing Street Fund #101. One Time Net Recurring Year Shop Description Staff Increase Capital Costs Cost Impact 2 FTEs 2024 Full-Service Shop $ 276,375 $ 5,489 (New Technicians) OPTIONS: (1) Authorize, through consensus, the City Manager to develop a City Traffic Signal Shop and hire an additional two full-time Traffic Signal Technicians for the Traffic Engineering group and make proposed organizational changes, or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Seeking consensus to authorize the City Manager to develop a City Traffic Signal Shop and hire two full-time Traffic Signal Technicians, make proposed organizational changes, and execute any processes necessary to accomplish the same. This will increase the currently approved 2024 Budget FTE count from 116.25 to 118.25. BUDGET/FINANCIAL IMPACTS: The addition of two Traffic Signal Technicians, along with other staffing costs may realize a net increase to the City’s adopted 2024 Street Fund #101 budget of approximately $5,000. The development of the Traffic Signal Shop will incur a non-recurring cost of approximately $276,000, which would be paid for as a nonrecurring expenditure in the General Fund. Overall, any proposed changes to Street Fund #101 will require a 2024 Budget Amendment. STAFF CONTACT: Bill Helbig, PE, Community & Public Works Director Jerremy Clark, PTOE, PE, Traffic Engineering Manager ATTACHMENTS: PowerPoint Presentation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 12, 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: Resolution Amending Governance Manual GOVERNING LEGISLATION: Chapter 42.30 RCW; RCW 35A.12.110; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Resolution 23-006, adopted 4-18-2023. BACKGROUND: City Council has the authority to establish its own rules of procedure, policies, and standards of conduct. Such policies and procedures are identified in City Council’s Governance Manual, which is periodically updated. City Council also identifies the date, time, and location of its regular meetings in the Governance Manual. On April 18, 2023, City Council amended the Governance Manual to identify CenterPlace as the location of City Council’s regular meetings. This was because the Council Chamber at City Hall was not available due to it undergoing reconstruction. The construction is now nearing completion, and it is anticipated that City Council meetings will be able to be held at Council Chambers in early January 2024. In order to return to conducting Council meetings at City Hall, it is necessary to again amend the Governance Manual to identify City Hall as the location of the Council’s regular meetings. In addition to changing the location of Council regular meetings, the proposed amendments to the Governance Manual include updates drafted by staff to address situations identified by the Governance Committee. These updates address: Committee assignments, including but not limited to delineating whose interests the Councilmember represents when sitting on a committee, board, or commission (collectively “committee”) that is not either an in-house committee or committee to whom the City pays membership dues or to which Washington law requires to include a representative from the City (see pages 43, 45, and 47 of the proposed amended Governance Manual). Revisions to the Statement of Ethics (i.e. Appendix H to the Governance Manual). Time limits on individual Councilmember reports during City Council meetings (page 9 of the Governance Manual). Finally, the proposed updates include a City Councilmember Social Media Policy. The social medial policy amendments provide specific and clear guidelines for Councilmembers to avert unintentional violations of the Open Public Meetings Act and Public Records Act. Staff is preparing and will present Council with a draft Ethics Code which, among other things, will contain a process to address potential violations of the Governance Manual where appropriate. OPTIONS:(1) Direct staff to bring the amendments back to Council for approval by resolution, or (2) take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: Proposed Amended Governance Manual Governance Manual Adopted by Resolution 23-006_________ A Comprehensive Collection of Rulesand Procedures AdoptedApril 18, 2023____________ Resolution 03-028 adopted 05-13-2003, replaced by Resolution 04-013 adopted 05-25-2004, replaced by Resolution 05-021 adopted 09-13-2005, replaced by Resolution 06-022 adopted 11-14-2006, replaced by Resolution 07-020 adopted 12-11-2007, replaced by Resolution 09-012 adopted 09-08-2009, replaced by Resolution 10-020 adopted 12-28-2010, replaced by Resolution 12-002 adopted 04-10-2012, replaced by Resolution 13-005 adopted 04-23-2013, replaced by Resolution 14-003 adopted 02-25-2014, replaced by Resolution 15-007 adopted 08-11-2015, replaced by Resolution 16-012 adopted 11-01-2016, replaced by Resolution 18-008 adopted 11-13-2018, replaced by Resolution 18-011 adopted 12-18-2018, replaced by Resolution 20-010 adopted 07-14-2020, replaced by Resolution 22-021 adopted 11-22-2022, replaced by Resolution 23-006 adopted 048-18-2023, replaced by Resolution ______ adopted _________ Page 1 of 64 TABLE OF CONTENTS Introduction ……………………………..…………………………………………………………. 4 Executive Summary ………………………………..……………………………………………… 5 CHAPTER 1: Council Meetings …………………………..……………………………...……… 7 A. General ………………………………………………………..…………………………..…… 8 1. Time and Location ……………………………………………..……………………….…… 8 2. Open to the Public ………………………………………………..…………………….…… 8 3. Presiding Officer ………………………………………………..………………….…… … 8 B. Meetings ……………………………………………………………………….………………. 8 1. Regular Meetings Formal Format ………………………………………………………….. 8 2. Regular Meetings: Study Session Format …………………………..……………………….. 10 3. Executive Sessions ………………………………………………………………………….. 11 4. Special Meeting ………………………………………………………………….…………. 13 5. Emergency Meetings ……………………………………………………………..……… 14 6. Pre-Agenda/Advance Agenda Meeting …………………………………………………… 14 7. Cancellation of Meetings ……………………………………………………………………. 14 C. Meeting Rules and Procedures ………………………………………………………………… 15 1. Public Comments ……………………………………………………………………………. 15 2. Council Rules of Order ……………………..……………………………………………….. 16 3. Quorum ………………………………………..…………………………………………….. 16 4. Seating Arrangement ……………………………………………….…………………...…… 16 5. Attendance ……………………………………………………………………...…………… 16 6. Respect and Decorum …………………………………………………………………..…… 17 7. Dissents and Protests ……………………………………………………………..………….. 17 8. Remote Meetings/Participation ………………………………………………………………. 18 9. Internet Use ……………………………………………………………….………………… 18 10. Adjournment Due to Emergency or Disruption ………………………………….…..……. 19 11. Permission Required to Address the Council …………………………………….……..….. 19 12. Approaching the Dais ……………………….…………………………………….….…….. 19 13. Out of Order (sequence) Requests ……………………………………………….….……... 19 14. Photographs, Videos etc. Prior Permission Required .……….……………………………. 19 15. Placing Items on a Future Agenda ………………………………..…………….………… 19 16. Motions and Discussion ……………………………………..………….…………….……. 19 Table of Parliamentary Procedure at a Glance ……………..………….…………….…… 21 17. Voting…………………………………………………………..……….…………….……. 22 18. Recusal from Discussion and Consideration ……….……………….….…………….……. 22 19. Ordinances …………………………………………………………………………….……. 23 20. Resolutions …………………………………………………………………………………. 24 21. Community Recognition Program………………………………………………………….. 24 22. Proclamations ……………………………………………………………………………… 25 23. Taxes: Increasing or imposing new taxes ………………………………………..………… 25 24. Hearings …………………………………………………………………….……………… 26 25. Reconsideration ……………………………………………………………………..……… 27 26. Council Materials/packets ………………………………………………………………….. 28 27. Three Touch Principle ………………………………….……………………………….…. 28 CHAPTER 2: Legislative Processes and Procedures …………………………………………. 29 A. Election of Council Officers ………………………………….………………………………. 30 B. Filling Council Vacancies .............……………………………………………………….…….. 30 C. Legislative Agendas ………………………………………………..…………………….…….. 33 D. Council Travel Allocation ……………………………………..………….…………………… 33 E. Council Expense Reimbursement Policy ……………………………………………………… 33 Page 2 of 64 F. Ballot Measures ……………………………………………………………………………….. 35 CHAPTER 3: Council Contacts …………………………………………………………………. 37 A. Citizen Contacts and Interactions ………………………………………………………..…….. 38 1. Mayor/Council Correspondence ………………………………………………………….…. 38 2. Citizen Concerns, Complaints and Suggestions to Council ……….………………………… 38 3. Administrative Complaints to Individual Councilmembers …………..…………………….. 38 4. Social Media ………………………………………………………………………………… 38 5. Donations ……………………………………………………………………………………. 38 B. Staff Contacts and Interactions ………………………………………………………..……….. 39 1. Role of the City Manager ……………………………….…………………………………… 39 2. City staff Attendance at Meetings ………………………….……………………………….. 39 3. City Clerk – Minutes ……..………………………………………..………………………….39 4. Administrative Interference by Councilmembers ……………………………………………. 39 5. Informal Communications Encouraged ………………………………...……………………. 39 CHAPTER 4: Committees, Boards, Commissions ……………….…………………………… 41 A. Regional Committees, Commissions and Boards …………………………….. ……………… 42 1. Committees ………………………………………………………………………………….. 42 2. Council Relations with Boards, Commissions, Advisory Bodies …..……………….………. 43 B. In-house Committees, Boards, etc. …………………………………………….………………. 43 1. Standing Committees …………………………………………………..…………………..… 43 a. Planning Commission …………………………………………….……………………….. 43 b. Lodging Tax Advisory Committee ……………………………………………………….... 43 c. Finance Committee …….……………………………………………...…………………… 44 d. Governance Manual Committee …………………………………………………………… 45 e. Advance Agenda Committee ……………………………………… ……………………… 44 C. Private Committees, Boards, Commissions …………………………………………………… 45 Appendices: A. Public Hearings, Quasi-Judicial …………………………………….…………………………. 46 B. Resolution 07-019 Core Beliefs ………………………………………….……………………. 47 C. Statement of Ethics …………………………………………………………..…………………. 49 D. Frequently Used Acronyms ……………………………………………………….…………… 50 E. Application for City Council Member ………………………………………………………… 53 F. Request to Transfer Travel Allocation from One Councilmember to Another .………………… 57 G. Definitions …………………………………………………………..………………….……… 58 Index……………………………………………………………………………………..………… 59 Page 3 of 64 INTRODUCTION In December 2002, prior to our City’s official incorporation, then Mayor DeVleming appointed three members of Council to serve on an ad-hoc Governance Coordination Committee for the purpose of drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The end-product legislation of that Committee’s four-month process was approved by Council at the May 13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, which can be found in full in Appendix B on page 47. RCW 35A.12.120 states in part, that “The council shall determine its own rules and order of business and may establish rules for the conduct of council meetings and the maintenance of order.” City Council meetings shall be governed by the most recent edition of Robert’s Rules of Order, a copy of which is maintained in the office of the City Clerk. However, in the event of a conflict between the Council’s Governance Manual and Robert’s Rules, the Council’s Governance Manual shall prevail. This Manual has undergone several changes since its inception, with some sections remaining static over the years, such as Council meeting time and location, and other sections having been modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. This Manual is usually reviewed annually and at times amended to recognize additional topics or for clarification as the need arises. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, City ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. Page 4 of 64 EXECUTIVE SUMMARY FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non-charter code city operating under a Council-Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council-Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed tocommitted to not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an open public process: “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.” (Washington State Constitution Article I, Section 1) OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act and the Public Records Act: “The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” RCW 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act: “The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people’s business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.” Unless as part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall not meet as part of a web conference dealing with City business, nor a conference call, serial communication, social media or even a “straw poll” in executive session. The Open Public Meetings Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional, the City may still be liable for attorney’s fees. However, elected officials’ right to speak freely and gather publicly is protected by the First Amendment of the U.S. Constitution. RCW 42.56.030 Public Records Act: “This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.” PRIORITIES: The City’s priorities are public safety, pavement preservation, transportation and infrastructure (including grade separations and park related projects), and economic development. Additional information on priorities and Council goals can be found in each year’s budget. BASIC TENETS: Council’s core values and basic tenets of governing can be found in Resolution 07-019, which is included in its entirety in Appendix B on page 47 of this Manual. BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City government. Council appoints an officer whose title shall be “City Manager” and who shall be the chief executive officer and head of the administrative branch of the City government. “The City Page 5 of 64 Manager shall be responsible to the Council for the proper administration of all affairs of the code city.” RCW 35A.13.010. Legislative Branch: City Council. The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals, but only when meeting as a Council when a quorum (four or more) are present. Council represents the City residents and business owners of the City of Spokane Valley, and is the law-making, policy-making, and budget and spending approval authority of the City government. Council hires, directs, guides and evaluates the performance of the City Manager. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy Mayor, see also Chapter 1(A)(3), page 8 of this Manual. Some of the duties, responsibilities, and limitations of each Councilmember: Brings the experience, concerns and knowledge of a typical City resident to City government. Is cognizant of the needs, wants and concerns of City residents and businesses as a whole. Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting. Studies internal and external written and documented information related to the government and administration of the City. Is prohibited from giving City employees directives, or saying anything that could be taken as an attempt to influence the conduct of the employee’s job. Gives feedback and ideas regarding City government and administration to the City Manager. Participates in assigned City and regional committees and all Council meetings. When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre-authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Councilmember’s freedom of speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum., Councilmembers may work together on City Council-related projects and discuss City business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. Administrative Branch: The City Manager. and City Staff. The City Manager is the City’s chief executive officer and head of the administrative branch. The City Manager is an at-will position and reports directly to the Council. The City Manager is directly accountable to the City Council for the execution of the City Council’s policy directives, for the administration and management of all City departments, and for the supervision of staff. (See Chapter 3(B), page 39 of this Manual and chapter 35A.13.RCW for a description of the role of the City Manager.) Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is strongly encouraged. Page 6 of 64 CHAPTER 1 Council Meetings Page 7 of 64 A. General 1. Council Meetings - Time and Location Through the end of 2023, Rregular meetings of the City Council shall be held at CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington. The regular meetings of City Council will be held at Spokane Valley City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley, Washington, after notice thereof has been posted on the City’s official website (www.spokanevalleywa.gov) for at least 72 hours. Regardless of location, regular meetings are held on Tuesdays beginning at 6:00 p.m. Pursuant to RCW 42.30.070: “If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.” As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences \[RCW 35A.13.035\]. The Mayor, Deputy Mayor (in the Mayor’s absence) or Mayor Pro Tem are referred to as “Presiding Officer” from time to time in these Rules of Procedure. B. Meetings 1. Regular Meetings: Formal Format ndth a. Normally held 2 and 4 Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda, will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVD’s, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the City Manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. c. Forms of Address. The Mayor shall be addressed as “Mayor (surname).” The Deputy Mayor shall be addressed as “Deputy Mayor (surname).” Members of the Council shall be addressed as “Councilmember (surname)” unless waived by the Presiding Officer. d. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to Page 8 of 64 conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the “amended agenda.” i. Call to Order by the Presiding Officer ii. Invocation iii. Pledge of Allegiance iv. Roll Call (See Chapter 1, C5b \[page 17\] for procedure to excuse an absence) v. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. (“Three-Touch Principle” should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of ‘Approval of Agenda,’ recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. vi. Introduction of Special Guests and Presentations. vii. Councilmember Reports. Council or government-related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal or informal member. Individual Councilmember reports shall not exceed 3 minutes in duration. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. viii. Mayor’s Report. Same as ‘vii’ above except given by the Mayor. ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. x. Public Hearings (See page 26 for procedural details) xi. Public Comments (See page 15 Meeting Rules and Procedures) xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the Consent Agenda is: “I move approval of the Consent Agenda.” This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. xiii. Unfinished Business. \[includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting\] xiv. New Business \[Action items are designated as New Business\] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or topic. Page 9 of 64 xvi. Information Only Items These items are generally not discussed or reported. xvii Council Comments xviii. City Manager Comments xix. Executive Session (as required) xx. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. 2. Regular Meetings: Study Session Format strdth a. Normally held 1, 3 and 5 Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items are normally not included on a study session agenda, although there will be times when due to deadlines or other pressing or time sensitive issues, action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. If an item is designated as an action item, public comment will be permitted on that motion/item unless a public hearing on the item was previously held. There shall be one general public comment at study session for the public to comment on items that relate to the operation of the City. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before close of business on a Friday preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via the City’s website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. b. Action Items. Although action items may be included on a study session agenda, it is the preference of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the “Open Public Meetings Act,” it is permissible for Council to take final action during these meetings. As in the formal format meetings, public comment will be allowed on action items. c. Unscheduled Motions. Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council’s practice to invite public comment after most motions, it would be inappropriate to make a “surprise” motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. d. Presiding Officer’s Role. The role of the Presiding Officer is to facilitate free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. e. Outside Request. Outside requests to be included on a Council agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVD’s, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the City Manager or designee, who shall determine the appropriateness Page 10 of 64 of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. f. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. g. Order of Business. The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the “amended agenda.” i. Call to Order ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See page 17 for procedure to excuse an absence.) iii. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. (“Three-Touch Principle” should be followed whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the meeting in place of ‘Approval of Agenda,’ recognizing that there will emergencies or other situations when such motion to amend the agenda could be made at other times during the meeting. iv. Proclamation (as needed) v. Public Comments: See Section “C page 15 Meeting Rules and Procedures” vi. Action items (as needed) vii. Non-action items Presenter’s Role. During the Council study session, the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. viii. Advance Agenda ix. Information Only Items. These items are generally not discussed or reported. x. Council Comments: The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. xi. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. xii. Executive Session (as needed) xiii. Adjourn. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 3. Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. Page 11 of 64 i. At the close of the executive session and upon Council’s return to the meeting place, the Presiding Officer will declare Council out of executive session, and ask for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act (RCW 42.56). b. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. \[The only employee subject to this evaluation is the position of City Manager.\] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. \[Note: stating that an executive session’s purpose is to discuss a “personnel matter” is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.\] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), “potential/pending litigation” means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (a) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. \[MRSC Index-General Government-Executive sessions.\] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. Page 12 of 64 d. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances, there shall be no virtual attendance at an Executive Session. The City Attorney or Deputy City Attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the City Manager. 4. Special Meetings a. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the City’s website and displayed at the main entrance of the meeting location (RCW 42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.110). The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shall be handled by the City Clerk’s Office through the City Manager. b. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice; (b) As to any member who was actually present at the meeting at the time it convenes; and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. c. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. d. Special meeting agendas may include action and non-action items. It is the practice of Council to allow time for the public to comment on action items and the “public comment” should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the City’s website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided ‘final disposition’ regarding such matters is not taken (RCW 42.30.080(3)) Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. e. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the “presence of a quorum of members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if councilmembers attend a public meeting called by a third party. The gathering of councilmembers would be a ‘meeting’ for purposes of the Act only if the councilmembers take ‘action’ as defined in the Act, such as voting, deliberating, or other official business of the council.” f. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a meeting scheduled by the City Engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the State Auditors, or a meeting scheduled by the Parks & Recreation Department to discuss parks or other City business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the City staff at least two working days prior to the meeting, of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate, or perceive to violate the Open Public Meetings Act. Page 13 of 64 g. RCW 42.30.070 states in part: “It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter.” \[MRSC Research News – Summer, 2016\] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss City business. However, comments and discussion as a result of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. Emergency Meetings: Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, 42.30.080, and 42.14.075: “If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency.” \[RCW 42.30.070\] “The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.” \[RCW 42.30.080(4)\] “Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.” \[RCW 42.14.075\] 6. Pre-Agenda/Advance Agenda Meetings: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. (see also page 44, Agenda Committee under Chapter 4 internal committees) 7. Cancellation of Meetings: State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the City Manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. The noticing of such decision will be handled by the City Clerk through the City Manager. Upon cancellation of a formal meeting, either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. Page 14 of 64 C. Meeting Rules and Procedures 1. Public Comments This is an opportunity for public comments regarding issues relating to the operation of the City, but which are not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public comment opportunity, each speaker may only make comments once and comments are limited to three minute unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum on issues relating to City business, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the City must proceed in an orderly, timely manner. Council meetings are considered a ‘limited public forum’ which means the time, place and manner of speech can be regulated. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor’s discretion. The Council states that it is not the business of the City to have discussion about any past, current, or future possible/probable election or campaign-related issues during Council meetings. The only exception to this prohibition on discussion of election or campaign-related topics would be if the Council requests that Spokane County place a ballot item on for election. (See page 35, Chapter 2, F Ballot Measures.) a. Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making “out of order” comments shall be subject to removal from the meeting. An exception to this prohibition shall be allowed when public comment is only permitted via remote access due to emergency. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address the entire Council, and those speaking are to address members of Council and not the audience. Speakers should refrain from personal attacks on individual Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment relating to City business, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted to be displayed or distributed at the place of the meeting, although written comments and written materials including photographs and petitions may be submitted to Council via the City Clerk. ii. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. (See page 26 for procedure for taking public comment on legislative matters.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council’s ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the Presiding Officer), is speaking on matters other than City business, or is otherwise disruptive in a manner that interferes with the ability of the Council to conduct the business of the City, the City Clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the Page 15 of 64 speaker to please stop talking and step away from the podium. In the case of remote meetings, the speaker will be muted. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise disruptive, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data, and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the Clerk to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember’s workstation or City desk; or in the case of e-mailed or other electronic comments, shall be forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. c. Electronic Comments: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 18, C9 Internet Use) 2. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a copy of the most current “Robert’s Rules of Order” (RONR) at meeting locations during Council meetings. 3. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior doors of the place where the meeting is held pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 4. Seating Arrangement Councilmembers shall occupy the respective seat in the meeting place assigned to them by the Mayor. 5. Attendance a. Unexcused Absences: A Councilmember’s responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.060 “a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.” As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is Page 16 of 64 not excused and there has been no request for a leave of absence, the absent Councilmember’s office shall be forfeited effective immediately. b. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor, City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absences may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, City related business, or unusual or unforeseen circumstances. Following or prior to roll call, the Presiding Officer shall inform the Council of the member’s absence, and inquire if there is a motion to excuse the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk shall make an appropriate notation in the minutes. c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Mayor, City Clerk, or City Manager at least one week prior to the date when such leave would commence. iii. The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv. By majority vote of the whole Council, a leave of absence shall be granted as follows: a. The absence shall not exceed 90 days from the date the motion is passed by Council b. The absent Councilmember shall retain pay and medical benefits during the leave of absence c. At the end of the 90-day leave of absence, the absent Councilmember shall either: i. Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or ii. be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. d. A leave of absence may only be granted twice during a Councilmember’s four-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any Councilmember making disruptive, disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a “point of order.” After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the City. If so, the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in #10 below. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered in the minutes. Page 17 of 64 8. Remote Participation a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting as defined per the agenda. c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to attend a meeting remotely should notify the Mayor and City Clerk in advance of the meeting, such request shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only when necessary. Councilmembers’ cameras should remain on for the duration of the remote meeting. If a technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the record. During any meeting that a Councilmember is attending remotely, the Mayor or presiding officer shall so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a meeting, the Mayor may still function as the Presiding Officer. More then one member of Council may attend a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers attending. 9. Internet Use a. Use of the City’s network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on page 16, Councilmembers shall avoid accessing any electronic message during Council meetings whether by e-mail, text, or other means,. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet during Council meetings in order that Council’s full attention can be given to the topic at hand. c. Information technology resources are provided for the purpose of conducting official City business. The use of any of the City’s information technology resources for campaign or political use is prohibited unless it has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law. d. Confidential material shall not be sent via e-mail or text. e. All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the City Clerk. With this in mind, texting and tweeting concerning City business is strongly discouraged. f. E-mail communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an e-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Page 18 of 64 Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 12. Approaching the Dais by Members of the Public Once a Council meeting has been called to order, members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the City Clerk prior to the meeting or during the public comment section of the agenda, and the Clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During “General Public Comment Opportunity,” such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether to allow the out of order request. Alternatively, the member of the public could also discuss their request with the Mayor prior to or after the meeting. 14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination – Prior Permission Required No overhead projection, photographs, motion pictures, or videos shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 15. Placing Items on a Future Agenda: a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manager is most familiar with staff’s workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff’s involvement. The following process shall be used to propose an item for a future Council meeting: i. A Councilmember may propose an item and give a brief explanation of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas, requests for items to come before Council shall be routed through the City Manager or come directly from the City Manager as part of the normal course of business. 16. Motions and Discussion a. Order of Procedure: i. Member of Council makes a motion by stating: “I move . . .” After the motion is seconded, staff makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all Page 19 of 64 questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii. The Mayor will open the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR §4). All Council remarks should be addressed through the Mayor. iv. When discussion has ended, the Mayor will re-state the motion or ask the Clerk to re-state the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the Clerk will then state whether the motion passed or failed. b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent “approval by default” of a failed negative motion. ii. Unless otherwise stated by the presiding officer, agenda items requiring Council action shall begin with a motion by a Councilmember prior to discussion. If a motion fails, the agenda item shall be considered concluded. However, said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at a later meeting to “rescind an action,” or to “amend something previously adopted.” (Mayoral appointments excepted. See Chapter 4, page 41 for further discussion on Committees.) iii. Councilmembers should direct questions to the City Manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means “let’s discuss it,” if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not “die for a lack of a second” but it merely does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion. A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No Councilmember should be permitted to speak twice to the same issue until all Councilmembers wishing to speak have spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment (Robert’s Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. vii. When an amended motion is on the floor, the vote is taken on whether to adopt the amendment. If adopted, the next vote is on the fully amended motion. viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. Page 20 of 64 Parliamentary Procedure at a Glance Roberts IF YOU YOU SAY INTERRUPT NEED Can be Can be VOTE ND Rules of WANT TO 2 Debated Amended Order § 11 Postpone I move to postpone . . . No Yes Yes No Majority indefinitely (the . (an affirmative vote purpose is to can be reconsidered; a prevent action negative vote cannot.) or kill an issue.) indefinitely 12 Modify wording I move to amend the No Yes Yes Yes** Majority of motion motion by . . . 14 Postpone to a Ex: I move to postpone No Yes Yes Yes Majority certain time the motion to the next Council meeting. 16 Close debate I move the previous No Yes No No Majority* question, or I call for the question *** 17 To Table a I move to lay on the No Yes No No Majority motion table, the motion to 19 Complain about Point of Privilege Yes Yes Yes Yes Chair noise, room decision temperatures etc 20 Take break I move to recess for . . No Yes No Yes Majority 21 Adjourn I move to adjourn No Yes No No Majority meeting 23 Object to Point of Order Yes No No No Chair procedure or decision personal affront 25 Suspend rules I move to suspend the No Yes No No Majority* rules and . . . 34 Take matter I move to take from No Yes No No Majority from table the table the motion to 35 Reconsider I move we reconsider No Yes Yes Yes Majority something action on . . . already disposed of It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion, however, withdrawal of a motion should be done with the approval of a majority of Councilmembers present \[Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.\] While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to “Lay on the Table” is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert’s Rules of Order Newly th Revised, 10 Edition) *(Robert’s Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. ** If the main motion to amend can be amended. ***Call for the Question: if it is felt that debate on a motion on the floor has continued longer than warranted, a member of Council may “call the question.” The “call for the question” is a motion to end debate and vote immediately. If this “call for the question” motion is passed by a majority vote, then the vote must be taken on the original debated motion on the floor. Page 21 of 64 17. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice or a show of hands. At the request of any Councilmember or the City Clerk, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b. Unless otherwise provided by statute, ordinance, or resolution, in case of a tie vote on a motion, the motion shall be considered lost. c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember refuses to vote “aye” or “nay,” their vote shall be counted as a “nay” vote unless the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council (RCW 35A.12.120). Except as provided in “e” below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 18. Recusal From Discussion and Consideration. a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways, including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation, please see page 49 Appendix C – Spokane Valley Councilmembers’ Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). \[Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.\] b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i. Using “his or her position to secure special privileges or exemptions for himself, herself, or others.” ii. Directly or indirectly giving or receiving or agreeing to receive “any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer’s services as such an officer unless otherwise provided for by law.” iii. Accepting employment or engaging in business or professional activity that “the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.” iv. Disclosing confidential information “gained by reason of the officer’s position, nor may the officer otherwise use such information for his or her personal gain or benefit.” c. Conflict of interest – contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of Page 22 of 64 interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can’t be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure: When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the meeting place. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of * business for * years, am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. g. The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration, I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 19. Ordinances a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared, introduced and proceed in normal fashion with an administrative report, then first and second reading in accordance with the “Three Touch Principle.” Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. b. A Councilmember may, in open session, request the City Manager bring forth an ordinance for a specific purpose. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. Page 23 of 64 d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. g. Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. h The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. \[RCW 35A.13.170\] i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process. Public comment will also not be taken during the ordinance’s second reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 20. Resolutions a. A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may ask the City Clerk to read the resolution title in order to facilitate public understanding and/or comment. A Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. 21. Community Recognition Program: a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council has implemented a Community Recognition Program. Page 24 of 64 b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however, they may submit nominations. There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented with a proclamation, certificate of appreciation, and/or a key to the City. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. 22. Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents. Proclamations will not be considered which are potentially controversial, political or religious in nature unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesses within or outside Spokane Valley’s jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident ii. Requests should be made at least four weeks in advance of the scheduled Council meeting iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead iv. The City Clerk will inform the requestor whether the proclamation request is approved v. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council’s preference to have proclamations read at formal meetings, which are generally ndth held the 2 and 4 Tuesdays; however, proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be hand-carried by the Councilmember attending the event to read the proclamation. d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately after the Mayor’s report, or could take place as the first agenda item on a Study Session. 23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: Page 25 of 64 a. As requested by the City Council, the City Manager in consultation with the Finance Director, shall notify the City Clerk of Council’s desire for a proposed ordinance, and ask the City Attorney to prepare a draft ordinance. b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating i. the date, time and place of Council’s public hearing ii. the purpose of the hearing: that a tax increase or new tax has been proposed iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. that any City taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 24. Hearings: \[note: See Appendix A, page 46 for quasi-judicial hearings\] a. Purpose i. Held to obtain public input on legislative decisions on matters of policy ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget iii. Do not involve legal rights of specific private parties in a contested setting iv. Affect a wide range of citizens or perhaps the entire jurisdiction v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged, are reviewed only to determine if they are constitutional or violate state law b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer , and the public should be advised that comments must relate to the matter at hand. The “ground rules” for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. All public comments shall be made from the speaker’s podium, shall be directed to the Mayor and Council, and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name because an official recorded transcript of the public hearing is being made. b. No comments shall be made from any other location, and anyone making “out of order” comments shall be subject to removal from the meeting. c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue. Page 26 of 64 e There shall be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone’s presentation. Such expressions are disruptive and take time away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the City Clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments to the Clerk reading who the letter or written material is from, and if easily discernible, whether that person is for or against the issue at hand. All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii. After staff presentations, the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 25. Reconsideration a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv. previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b. Such motion for reconsideration: i. shall be reconsidered during the same Council meeting; ii. shall be called up when no business is pending (no action is pending); iii. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action ) is pending; iv. shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side, to make such a motion. v. a member who makes this motion should state that he or she voted on the prevailing side; vi. needs a second, and can be seconded by any member; vii. is debatable if the type of motion it reconsiders is debatable; and viii. is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for \[or against\] the resolution." This motion needs a second, which can be seconded by any Councilmember. Page 27 of 64 d. Step 2: If the motion for reconsideration is adopted, the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. e. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 26. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. A good opportunity to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject, whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under “Council Comments.” b. Council Packets: Councilmembers shall personally pick up their agenda packets from their City desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City’s website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read, heard, and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as “I move to” or “I move that” or other similar language. 27. “Three Touch Principle” Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the “Three Touch Principle” whenever possible. These procedural guidelines are designed to avoid “surprises” to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which require a decision of the City Council or administration, should “touch” the decision makers three separate times. This includes verbal or written reports, “information only” agenda items, or any combination thereof. To facilitate the Council’s strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the “Three Touch Principle.” It is recognized that unexpected circumstances may arise wherein observance of the “Three Touch Principle” would be impractical. However, when unusual circumstances arise which justify a “first discussion” decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 28 of 64 CHAPTER 2 Legislative Process Page 29 of 64 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) There are no term limits for the office of Mayor or Deputy Mayor. 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember’s vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily filled by an Acting Mayor, which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember, then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role of Acting Mayor shall cease and terminate. 5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present, the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of Councilmembers receiving the most votes, the tie shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written ballot. B. Filling Council Vacancies 1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.020 and Council’s adopted procedure in compliance with RCW 35A.13.020, as well as RCW 42.12.070. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City’s authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be \[RCW 42.04.020\] a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy Page 30 of 64 if the candidate had ever been convicted of a felony, they must no longer be under the authority of the Department of Corrections, or currently incarcerated for a felony. Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd- numbered year general election takes office, which is the date the election results are certified, normally around th the 26 of November. (See also 35A.12.040) Immediately upon the election being certified, that just-elected person will take the oath of office, take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City (see Appendix E page 53 for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold any other office or employment within the Spokane Valley City government \[RCW 35A.12.030\]. In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix G page 58 Definitions for description of immediate family.) If possible, the vacancy announcement shall be published for three consecutive weeks. b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to meeting place and the Special Meeting shall be adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable, the Clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as “f” above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person shall be sworn in by the City Clerk, and take their seat at the dais. 2. Nomination Options for Conducting Interviews: a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may i. nominate an applicant to be interviewed ii. the nomination must be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. the Mayor shall ask if there are further nominations v. if no further nominations, the Mayor shall close the nominations vi. votes shall be taken on each applicant in the order of nomination vii. votes shall be by raised hand Page 31 of 64 viii. applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. once all voting has taken place, the City Clerk shall summarize which applicants shall be interviewed based on the voting outcome. As soon as possible after the Council meeting, the City Clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview, and send each person to be interviewed, the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last-name alphabetical order. The City Clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the meeting place and away from viewing or hearing the meeting’s proceedings. c. If during open session, Council has nominated only one person to interview, or in the case of more than one vacancy, one person per vacancy, Council may forego the interview process and move to make the appropriate appointment. 3. Interview Questions/Process: During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4. Nomination and Voting Process to Select Applicant: a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination; in which case the Councilmember make another nomination. Once the nominations are given, the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council has chosen the following process for making such appointment: i. Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. ii. The vacancy may only be filled when a majority of the remaining City Council (whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii. Round One Vote: The City Clerk shall publicly announce the results of the election. The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. iv. Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. v. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two applicants results in a tie, then the City Manager, with concurrence of Council shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned “heads” and the other person assigned “tails.” In the rare circumstance where Page 32 of 64 both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned “heads” and the other person assigned “tails.” In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned “heads” and the other person assigned “tails.” 5. Seating of New City Councilmember: Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at the meeting, the City Clerk shall administer the oath of office, and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a State and a Federal “legislative agenda” to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on our City. These agendas can also be addressed during Council’s participation in the Association of Washington Cities (AWC)annual conference, and the annual National League of Cities Conference held in Washington, D.C. D. Council Travel Allocation Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures are available to Councilmembers upon request to the Finance Department or the City Manager’s Executive Assistant. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unless they have requested and received written affirmation from another Councilmember of their voluntary allocation to grant the travel related expenses from that granting Councilmember’s travel apportionment. Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F, page 57). During the last six months of a Councilmember’s current term of office, Councilmembers shall not incur City business-related travel expenditures outside a 50 mile radius unless such travel fulfills the obligations of the Councilmember’s service on statewide or regional boards, commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY 1. Travel Approval and Expense. a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official City business when such expenditures are within the allotted budget. The City shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official City business. The City shall not reimburse an expense associated with fundraising or political events. The City shall also not reimburse an expense if that expense is reimbursable by another agency. Each Councilmember shall be permitted to travel within the constraints of each Councilmember’s allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F page 57 for Request Form.) b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. i. Meals are provided as a per diem rate at 35% above the amounts posted by the General Services Administration at www.gsa.gov/perdiem. For each full day of travel, all three meals are reimbursable unless they are provided by a third party. Meals provided through a third party such as through a conference registration, will be subtracted from the per diem amount. Per diems on the first and last day of a trip are governed as set forth below. Page 33 of 64 Departure Day Depart before 8:00 am Breakfast, lunch and dinner Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m. Breakfast, lunch and dinner ii. Lodging is reimbursed for the actual cost of the room, minus any room extras. If paid in advance, a receipt is required for reimbursement. iii. Tips are allowable expenditures when they approximate 15% or less, unless the personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure. Please carefully examine your bill and be aware of statements such as “A service charge of __%/$ will be added to your bill.” Reimbursement for tips is limited to valet services, and taxi/ride share transportation. Tips on meals are included in the per diem rates above. iv. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. v. A monthly mileage stipend of $25 for each Councilmember, and $50.00 for the mayor, shall be provided for local travel for City business within 15 miles from City Hall. If travel is beyond 15 miles from City Hall, mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google maps, or other internet apps or mileage distance calculators, using the shortest route between two places. c. Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Liquor ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft, loss, or damage to personal property v. Barber or beauty parlor vi. Airline or other trip insurance (see b iv directly above) vii. Personal postage viii. Reading material except for that associated with official City business ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii. Prohibited expenses charged to the City in error shall be immediately reimbursed. d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere shall not be provided in the per diem rate unless its purpose is to allow the conduct of City business. ii. For meetings or seminars hosted by an organization for which the City pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). Page 34 of 64 iii. When an extra day’s stay would reduce airfare beyond the extra day’s hotel and meals, a Councilmember may stay an extra day. 2. Payment of Expenses. a. Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the City Manager’s Executive Assistant. c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited. d. Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly. Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance, documenting the amount due the Councilmember or City as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to Finance within 45 days after completing travel. Expense Reimbursement Forms submitted more than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle. a. Reimbursement. Expenses for the use of personally-owned vehicles in the course of City business are reimbursed at the then-current U.S. Government (IRS) rate. Councilmembers who use their personal car for City business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember, and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. F. Ballot Measures: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: “No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any Page 35 of 64 required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency.” \[emphasis added\] 2. City’s Implementation of RCW 42.17A.555 In the City’s implementation of RCW 42.17A.555, the City Council shall not, during any part of any Council meeting, consider requests from outside agencies or individuals, for Council to support or oppose ballot measures; nor shall Council permit any public comment on any past, current, or future possible/proposed ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues; nor shall Councilmembers disseminate ballot-related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through the United States Postal Office. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment. Council has determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the business of the City, and has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the City’s facilities including the use of the Council chambers, other meeting location, and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public comment on ballot issues, or proposed ballot issues shall not be permitted. (See page 15, Chapter 1, C Public Comments for more specific direction on allowable public comment) Page 36 of 64 CHAPTER 3 Council Contacts Page 37 of 64 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Councilmember should, when deemed appropriate and/or necessary, consult with the City Manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the matter may be referred, with Council consensus, to a future Council agenda for Council’s recommendation in forwarding the matter to a committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Councilmember should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember should then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. b. Although citizens’ direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a “personal intervention” pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case, refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a “meeting” under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from “friending” other Councilmembers.Councilmembers shall comply with the City Councilmember Social Media Policy which is attached hereto as Appendix H and wholly incorporated herein. 5. Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. See Spokane Valley Municipal Code 3.34. for policy on donations. Page 38 of 64 B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager’s accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the City Manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council’s discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) b. It is Council’s intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the City Manager must also protect the productive capability of department directors and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk - Minutes The City Clerk, or in the Clerk’s absence the Deputy City Clerk shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk, the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format) shall be video-recorded. Special meetings shall not normally be video-recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Clerk’s office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City’s website as soon as practical after such minutes are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the City’s website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, Page 39 of 64 obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 40 of 64 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS Page 41 of 64 A. Regional Committees, Commissions and Boards 1. Appointment, Removal, and AttendanceCommittees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing regional committee, board, or commission required by state law for which a representative of the City is required by Washington law or to which the City pays membership dues, shall be appointed by the Mayor with confirmation by the Council. b. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving City staff opportunity to further advertise for committee openings. This process also applies to the annual appointment of Councilmembers to Committees and Boards, which is usually done during the first few weeks of January. c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a report can be given to the full Council concerning the meeting’s activities, plans, agenda, etc. If the assigned Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to the committee alternate to attend in their stead if possible. d. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. e. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. Reasons for removal include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. f. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. g. These committee, commission board appointments as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two weeks prior to such action. 2. Council Relations with Regional Boards, Commissions and Council Citizen Advisory Bodies to Which Formatted: Indent: Left: 0", Hanging: 0.19", Tab stops: Not at 0.46" They Are Appointed a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board. As liaisons and representatives of the City, it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the City; and as such during those meetings, Councilmembers may not act as a representative of any other business, group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer’s attention under the agenda item “Committee, Board and Liaison Reports.” If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an upcoming agenda for a specific Council meeting, or take other appropriate action. Page 42 of 64 Page 43 of 64 B. Non-RegionalIn-House In-House Committees, Boards, etc. Formatted: Indent: Left: 0", First line: 0", Tab stops: Not at 0.99" + 6.6" 1. Standing committees or commissions required by law The members of standing non-regional committees, boards, and/or commissions of the City (collectively referred to under this subsection B as “in-house committees”) shall be appointed by the Mayor for a time certain (not to exceed the term provided by law or the term of office of the appointing Mayor) with and confirmed by Council confirmation by majority vote. Such appointments are generally made at the first or second meeting in January. The Mayor, with approval by majority vote of those Councilmembers present at the time the vote occurs, has authority to remove and replace members from in-house committees. Following are established in-house committees: a. Planning Commission -- 7 members. “SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the “Planning Commission”). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City’s Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits. Terms shall be for a three-year period, and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission.” b. Lodging Tax Advisory Committee -- 5 members. “SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Page 44 of 64 Nominations shall state the term of committee membership. Appointments shall be for one- and two- year terms.” c. Finance Committee-- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as-needed basis as determined by the City Manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: i. authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. during the last six months of a Councilmember’s current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember’s service on statewide or regional boards, commissions or task forces. iii. a Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. This is generally tracked by the City Manager’s Executive Assistant. d. Governance Manual Committee – 5 - 6 members This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney, and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. This committee should strive to meet quarterly throughout the year, e.g. in February, May, August, and November. e. Agenda Committee – Mayor, Deputy Mayor, City Manager, City Clerk At the Mayor’s option, and either by a schedule determined by the Mayor or by personal individual invitation, the Mayor may invite a third Councilmember to attend this weekly meeting. The attendance by a third Councilmember is at the third Councilmember’s discretion. Other staff may be invited at the discretion of the City Manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no committee appointments are necessary. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of “sunsetting” the committee at the conclusion of the assigned task. As with all Page 45 of 64 committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the City’s website, and in the City’s official newspaper. C. Private Committees, Commissions, and Boards The Council recognizes there are various other private committees, boards and commissionscommittees (collectively referred to under this subsection C as “committees”), such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor or , with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. However, a Councilmember sitting on such a committee, board, or commission may only participate in their capacity as a private citizen. Councilmembers are prohibited from (a) acting on such committees in any capacity as a representative of the City; (b) characterizing, either by omission or affirmative action, their committee participation as being on behalf of or as a representative of the City; and/or (d) using City funds or resources for purposes related to their participation on the committee, or to otherwise further the interests of any committee. Councilmembers who violate these prohibitions may be disciplined by the Council as provided herein. Page 46 of 64 APPENDIX A Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the “record” developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex-parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3. Actions/Procedures for a Quasi-Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. Page 47 of 64 APPENDIX B: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public’s legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley’s governance should be known as “user friendly,” and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Page 48 of 64 Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of “corporate” decisions. Section 8. We solicit the City Manager’s support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing “best practices” in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. th Approved by the City Council this 11 day of December, 2007. ATTEST: /s/ DIANA WILHITE______________________ Diana Wilhite, Mayor /s/ CHRISTINE BAINBRIDGE___________ Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY___________ Office of the City Attorney Page 49 of 64 APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS’ STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: 1. DECLARATION OF PURPOSE: Formatted: Font: Bold, Font color: Black Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, Formatted: List Paragraph, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + honest, and unbiased manner. Alignment: Left + Aligned at: 0.19" + Indent at: 0.44" Establish procedures for prevention and/or elimination of possible conflicts of interest. Improve and strengthen the public’s perception and trust in their local government. 2. DEFINITIONS: Formatted: Font: Bold, Font color: Black (a) Compensation: Anything of economic value regardless of amount, however designated, which is paid, Formatted: List Paragraph, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred Alignment: Left + Aligned at: 0.19" + Indent at: 0.44" or gifted for or in consideration of personal services to any person or that person’s immediate family Formatted: Underline as that term is defined in RCW 42.17A.005. Formatted: Font: Font color: Black (b) Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the Formatted: List Paragraph, Numbered + Level: 1 + foregoing. A contracting party is any person, partnership, association, cooperative, corporation, Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" whether for profit or otherwise, or other business entity which is a party to a contract with a municipality. Formatted: Underline Formatted: Font: Font color: Black (c) Confidential Information: Includes any information provided during executive session to any Formatted: Indent: Left: 0.5", No bullets or numbering Councilmember (whether written or oral), statements subject to the attorney-client privilege, and Formatted: List Paragraph, Numbered + Level: 1 + information considered exempt from disclosure under RCW 42.23 et seq. and/or the Washington Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Public Records Act (RCW 42.56 et seq.). Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Italic Formatted: Font: Italic 3. PROHIBITED CONDUCT: Formatted: Font: Font color: Black (a) Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Formatted: Font: Bold, Font color: Black Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City Formatted: List Paragraph, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + organization. Exceptions to this prohibition are if an item less than $50.00 value is provided to a Alignment: Left + Aligned at: 0.19" + Indent at: 0.44" Councilmember while that person is participating in business related to their position as a Councilmember. Campaign donations made and reported in conformance with Washington law are exempt from this provision. \[RCW 42.23.070\] (b) Interest in Contracts, Exceptions: Councilmembers must comply with all applicable provisions of RCW 42.23.030, including but not limited to those provisions prohibiting No Councilmembers fromshall being beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and preventingno Councilmembers fromshall accepting, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c) Special Privileges Prohibited: Councilmembers are prohibited from using their position as a Formatted: Font: Bold member of City Council to secure special privileges or exemptions for himself, herself, or others. (d) Conflict of Interest/Incompatible Service: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when (1) the Councilmember might reasonably expect doing so would require or induce them by reason of their official position to disclose confidential information acquired by reason of their Page 50 of 64 official position, or (2) doing so is otherwise when such is incompatible with the faithful discharge of his/her official duties as a Councilmember. (e) Confidential Information: Councilmembers are prohibited from disclosing confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember’s personal gain or benefit. (f) Inappropriate Councilmember Intervention: Councilmembers shall not intervene or interfere with the administration or operation of the City’s executive branch of government in violation of Chapter 3 of the Governance Manual, paragraphs A.2 - .4 and/or B.3. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a Formatted: Font: Font color: Black financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the meeting place until such time as the issue at hand has been disposed of in the regular course of business. Page 51 of 64 Appendix D: Frequently Used Acronyms AACE - American Association of Code Enforcement ADA - Americans with Disabilities Act ADT - Average Daily Traffic ATF - Bureau of Alcohol, Tobacco & Firearms AWC - Association of Washington Cities BOCC - Board of County Commissioners CAFR - Comprehensive Annual Financial Report CDBG - Community Development Block Grant CIP - Capital Improvement Plan CM - City Manager CM/AQ - Congestion Mitigation & Air Quality Program COVID-19 – CO=corona, VI=virus, & D=disease; 2019 novel coronavirus; infectious disease caused by severe acute respiratory syndrome coronavirus 2; WHO declared it a global pandemic March 2020 CTED - Community, Trade, & Economic Development (now Department of Commerce) CTR - Commute Trip Reduction (legislation) CUP - Conditional Use Permit DEIS - Draft Environmental Impact Statement DEM - Department of Emergency Management DNR - Department of Natural Resources DNS - Declaration of Non-Significance DOC – Department of Commerce DOE - Department of Ecology; Department of Energy DOT - Department of Transportation (also WSDOT) E911 - Enhanced 911 EA - Environment Assessment EDC - Economic Development Council EEO/AA - Equal Employment Opportunity/Affirmative Action EEOC - Equal Employment Opportunity Commission EIS - Environmental Impact Statement EOE - Equal Opportunity Employer EPA - Environmental Protection Agency ERU - Equivalent Residential Unit (for measuring water-sewer capacity and demand) ESU - Equivalent Service Unit (for measuring stormwater utility fees) F & WS - Federal Fish & Wildlife Service Page 52 of 64 FAA - Federal Aviation Administration FCC - Federal Communications Commission FEIS - Final Environmental Impact Statement FEMA - Federal Emergency Management Agency FICA - Federal Insurance Contribution Act FIRM - Flood Insurance Rate Maps FLSA - Fair Labor Standards Act FMLA - Family Medical Leave Act FMSIB – Freight Mobility Strategic Investment Board FY - Fiscal Year GAAP - Generally Accepted Accounting Principles GASB - Governmental Accounting Standards Board GIS - Geographic Information System GMA - Growth Management Act GPM - Gallons Per Minute HOV - High-Occupancy Vehicle HR - Human Resources HUD - Housing & Urban Development (Department of) ICMA - International City/County Management Association L & I - Labor & Industries (Department of) LID - Local Improvement District MGD - Million Gallons per Day MOA - Memorandum of Agreement MOU - Memorandum of Understanding MPO - Metropolitan Planning Organization MRSC - Municipal Research Services Center NEPA - National Environment Policy Act NIMBY - Not In My Backyard NPDES - National Pollutant Discharge Elimination System PE - Preliminary Engineering; Professional Engineer PERC - Public Employment Relations Commission PMS - Pavement Management System PPE - Personal Protective Equipment PPM - Parts Per Million; Policy & Procedure Manual PUD - Public Utility District PW - Public Works Page 53 of 64 QA - Quality Assurance RCW - Revised Code of Washington REET - Real Estate Excise Tax RONR - Robert’s Rules of Order Newly Revised ROW - Right of Way SAO - State Auditor's Office SBA - Small Business Administration SEPA - State Environmental Policy Act SMA - Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB - Transportation Improvement Board TIP - Transportation Improvement Program TMDL - Total Maximum Daily Load UBC - Uniform Building Code UFC - Uniform Fire Code UGA - Urban Growth Area WAC - Washington Administrative Code WACO - Washington Association of County Officials WCIA - Washington Cities Insurance Authority WCMA - Washington City/County Management Association WHO – World Health Organization WSDOT - Washington State Department of Transportation WSP - Washington State Patrol WUTC - Washington Utilities & Transportation Commission WWTP - Wastewater Treatment Plant Page 54 of 64 APPENDIX E CITY OF SPOKANE VALLEY 10210 E. Sprague Avenue Spokane Valley, WA 99206 (509) 720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone toserve in a vacated council position until that vacated position can be filled as a result of the next general municipal election (held odd years) \[RCW 42.12.070\] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk’s office, 10210 E. Sprague Avenue, no later than ________ p.m. on _____________________ (late arriving applications will not be considered). Applications may be hand- delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure, public safety, economic development, planning and development, open space, familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name(please print): _____________________________________________________________________ Complete Residence Address: _____________________________________________________________ Complete Mailing Address: (if different from above address): ____________________________________ Length of time lived at current address: _______ U.S. Citizen? \[ \]yes \[ \]no WA State Registered Voter? \[ \]yes \[ \]no If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address ________________________________________________________ ______________________ ________________________________________________________ _______________________ Which is your preferred way for us to contact you: \[Note: If you have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.\] \[ \] Home Phone __________________ \[ \] work phone ______________________ \[ \] Cell Phone ______________________ \[ \] other message phone _______________ \[ \] e-mail address: (please print plainly): _____________________________________________________ \[ \] regular mail to residence or mailing address shown above Page 55 of 64 EMPLOYMENT: Start with most recent 1. \[ \] present \[ \] previous Name of Employer: ____________________________________________________________________ Address: ________________________________________________________ Phone: ______________ Position held: ____________________________________ Dates of Employment: _________________ 2. \[ \] present \[ \] previous Name of Employer: ____________________________________________________________________ Address: ________________________________________________________ Phone: ______________ Position held: ____________________________________ Dates of Employment: _________________ 3. \[ \] present \[ \] previous Name of Employer: ____________________________________________________________________ Address: ________________________________________________________ Phone: ______________ Position held: ____________________________________ Dates of Employment: _________________ EDUCATION: Name of High School _____________________________ Address: _______________________________ Diploma or GED: \[ \] yes \[ \] no Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Other Certifications/Licenses: _____________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1. \[ \] current \[ \] previous_________________________________________________________________ 2. \[ \] current \[ \] previous_________________________________________________________________ 3. \[ \] current \[ \] previous_________________________________________________________________ 4. \[ \] current \[ \] previous_________________________________________________________________ 5. \[ \] current \[ \] previous_________________________________________________________________ LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1. \[ \] current \[ \] previous_________________________________________________________________ 2. \[ \] current \[ \] previous_________________________________________________________________ 3. \[ \] current \[ \] previous_________________________________________________________________ 4. \[ \] current \[ \] previous_________________________________________________________________ 5. \[ \] current \[ \] previous_________________________________________________________________ 1. Are you a registered voter in the City of Spokane Valley? Yes \[ \] No \[ \] 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes \[ \] No \[ \] Page 56 of 64 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes \[ \] No \[ \] 4. If you answered “YES” to #3 above, please explain: __________________________________________ _____________________________________________________________________________________ ______________________________________________________________________________________ 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: ___________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: ____________________________________________________________________ ______________________________________________________________________________________ 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes \[ \] No \[ \] If yes, please explain: ____________________________________________________________________ 8. Why are you interested in serving in this position? ___________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 9. What do you feel is the primary responsibility of a Councilperson? ______________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes \[ \] No \[ \] If yes, give an estimate of how many meetings you have attended in the past twelve months: ___________________ 11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees (such as STA, Visit Spokane, Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours. Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council. Yes \[ \] No \[ \] Page 57 of 64 12. References: Please list name, address and phone number: 1. _____________________________________________________________________________ 2. _____________________________________________________________________________ 3. _____________________________________________________________________________ Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury, that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. ________________________________________________________ ________________________ Signature Date Signed Page 58 of 64 APPENDIX F CITY COUNCIL 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org _______________________________________________ Request to Transfer Travel/Registration Budgets Transfer to Transfer from Councilmember’s name Councilmember’s name Account numberAmount Account numberAmount SignatureDate SignatureDate ------------------------------------------------------------------------------ Page 59 of 64 Appendix G: Definitions Action: All transactions of a governing body’s business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as “final” action. \[RCW 42.30.010, 42.30.020(3)\]. Codified: The process of forming a legal code (i.e., a municipal code or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: “The consensus of the group was that they should meet twice a month. General agreement or harmony. \[Random House Webster’s College Dictionary, April 2001\] \[Wikipedia: explains it as a group decision making process, or Does anyone object?\] It is not unanimity, but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. It does not require each member of the group to justify their feelings. \[Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt.”\] Similar to a type of verbal “show of hands” on who feels particularly strong on this?” Sometimes thought of as preliminary approval without taking final “action.” A show of hands is not an action that has any legal effect. \[“Voting and Taking Action in Closed Sessions” by Frayda Bulestein.\] Ex-parte: from a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person (RCW 42.17A.005(24)). Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. Once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed \[enacted\] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot, including general obligation bonds, are not codified into the City’s municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets at CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington on a Tuesday at 6:00 p.m. shall be deemed a “regular meeting.” Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Includes many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo-sharing, video-sharing, podcasts, and social networking. (From MRSC, and Social Media and Web 2.0 in Government, WebContent.gov) Page 60 of 64 Appendix H Formatted: Space After: 0 pt City Councilmember Social Media Policy Official Councilmember-Specific Social Media Accounts. Councilmembers may choose to create and maintain a Councilmember-specific social media account, such as on Facebook, Twitter and/or Instagram, to communicate with constituents as part of their Councilmember role. When doing so, Councilmembers agree to the following guidelines: Requirements: 1. Create the account using your @SpokaneValleyWA.gov email alias. On Facebook, per Facebook policy, create a ‘page’ from your personal ‘profile’. 2. When creating Councilmember accounts, include: - Title including your official role of “Councilmember” in the name (Ex. Councilmember first last name) - Category of “Government Official” - Identifiable, official Councilmember photo (can be provided by city staff) - Disclaimer, “All content is mine and does not represent the views of the Spokane Valley City Council or City of Spokane Valley.” 3. Familiarize yourself with and adhere to the City of Spokane Valley Social Media Policy. 4. Contact the City’s IT manager regarding your new account(s) and provide the account handles. The IT manager or designee will associate your account with the City’s social media archiving platform, currently Page Freezer, to assure that all content, including posts and comments, is archived for public records retention. Content may be public record if it is deemed part of city job responsibilities. 5. Be aware that the Open Public Meetings Act (OPMA) applies to social media/electronic platform interactions between elected officials just as it does to in-person or phone interactions. Please do not have a discussion of agency business publicly or privately on social media, because if it constitutes a quorum, you may be in violation of the OPMA. An OPMA prohibited meeting may be deemed to have occurred electronically when a quorum is ultimately involved and a discussion of city business occurs. 6. Once a Councilmember term ends, close the page. All records will be archived through the City’s archiving platform. 7. Be aware that all posts, comments and content are public records when they are set forth on an official city account. Do not delete posts, comments or content. Recommendations: 8. For best practices, post regularly (Suggested minimal post of once per week). Accounts that are not actively used should be closed or hidden. 9. Keep your followers informed of city events, projects and opportunities to get involved and inform city decision-making by sharing City of Spokane Valley social media messages. Personal or Campaign Social Media Accounts of Individual Councilmembers. Page 61 of 64 Councilmembers who maintain a personal or campaign social media account shall: 1. Use a personal or campaign email alias. Do not use an @SpokaneValleyWA.gov alias to set up and manage any personal or campaign account. State law prohibits the use of official city accounts for campaign purposes so all campaign-related social media communications must be made on personal or campaign accounts. Campaign purposes include supporting or opposing any candidate for public office and supporting or opposing any ballot proposition. 2. Post a disclaimer on your personal account that identifies the account purpose and that the opinions expressed are your own. 3. Not write posts on personal or campaign accounts that would fit within the scope of city employment. Merely posting Council agendas or information regarding city events or providing general information regarding the City’s activities is not conducting city business and will not convert your personal post or the posts of others into public records. Personal communications that are not related to the conduct of government or the performance of your office are not public records. However, if you use your personal account to transact city business, any posts or comments generated in doing so may be public records. 4. Not link private or campaign accounts to a city account, with the exception of Facebook requirements for setting up a Facebook page. 5. Refrain from discussing personal accounts in public meetings or documents. 6. Not use city devices to maintain or access private accounts. Resources. City of Spokane Valley Social Media Policy (Link to new policy) Association of Washington Cities social media guidelines for elected officials MRSC social media policies Page 62 of 64 INDEX 4 M 45 days · 35 majority of the whole · 22, 24 45 minutes · 15 majority plus one · 26 maker of the motion · 20, 21 mileage stipend · 34 9 N 90 days · 16, 17, 30 negative · 20, 21 new taxes · 25 A Advance Agenda · 14 O Attendance at Committee/Board meetings · 43 Outside Request · 10 B P ballot · 35 bias · 23 budget amendment · 22 parliamentarian · 16 per diem · 33 Presiding Officer · 10 prevailing side · 27 C coin flip · 33 R Council-Manager · 5 rearrange · 8, 11 recuse · 22 D Robert’s Rules · 4 Disruptive public conduct · 15 S E speak twice · 20 surprise · 10 ethical · 51 Excused Absences · 17 Executive sessions · 11 T Table a motion · 21 F three minutes · 15, 16, 20, 26 tie vote · 22 franchise ordinance · 24 V G vote to extend the meeting · 10 gift · 51 W L waived · 24 leave of absence · 17 withdraw · 20 Page 63 of 64 M 4 majority of the whole · 22, 24 majority plus one · 26 45 days · 35 maker of the motion · 20, 21 45 minutes · 15 mileage stipend · 34 9 N 90 days · 16, 17, 30 negative · 20, 21 new taxes · 25 A O Advance Agenda · 14 Attendance at Committee/Board meetings · 42 Outside Request · 10 B P ballot · 35 parliamentarian · 16 bias · 23 per diem · 33 budget amendment · 22 Presiding Officer · 10 prevailing side · 27 C R coin flip · 33 Council-Manager · 5 rearrange · 8, 11 recuse · 22 Robert’s Rules · 4 D Disruptive public conduct · 15 S speak twice · 20 E surprise · 10 ethical · 49 Excused Absences · 17 T Executive sessions · 11 Table a motion · 21 three minutes · 15, 16, 20, 26 F tie vote · 22 franchise ordinance · 24 V G vote to extend the meeting · 10 gift · 49 W L waived · 24 withdraw · 20 leave of absence · 17 Page 64 of 64 DRAFT ADVANCE AGENDA as of December 7, 2023; 9:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings th December 18, 2023 Special Meeting, 2:30PM @ City Hall, N212 4 District Legislators December 19, 2023 Study Session, 6:00 p.m. \[due Tue Dec 12\] 1. Resolution 23-___ Governance Manual Update Kelly Konkright (5 minutes) 2. Motion Consideration: Fee Resolution Chelsie Taylor (5 minutes) 3. Motion Consideration: 2024 Comprehensive Plan Amendments Levi Basinger (5 minutes) 4. Admin Report: Prosecuting Attorney Update Erik Lamb, Larry Haskell (10 minutes) 5. Admin Report: City Brand Update Jill Smith (5 minutes) 6. Admin Report: Pines Rd GSP Update Bill Helbig, Erica Amsden (5 minutes) 7. Admin Report: Loop Trail Project Update Bill Helbig, Rob Lochmiller (5 minutes) 8. Admin Report: Fund 312 Discussion Chelsie Taylor (5 minutes) 9. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 50 mins\] December 26, 2023 No meeting - Holiday- City Closure January 2, 2024 Study Session, 6:00 p.m. \[due Tue Dec 26\] 1. Council Officer Selection of Mayor and Deputy Mayor - Marci Patterson (15 minutes) 2. Admin Report potential grant opportunity: City Safety Program Adam Jackson, Dan Baker (5 minutes) 3. Admin Report potential grant opportunity: RAISE Program Adam Jackson, Dan Baker (5 minutes) 4. Advance Agenda Mayor (5 minutes) January 9, 2024 Formal Meeting, 6:00 p.m. \[due Tue Jan 2\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Mayoral Appointments: Planning Commissioners - Mayor (5 minutes) 3. Mayoral Appointments: Councilmembers to Committees Mayor (5 minutes) 4. Advance Agenda Mayor (5 minutes) January 16, 2024 Study Session, 6:00 p.m. \[due Tue Jan 9\] 1. Advance Agenda Mayor (5 minutes) 2. Motion Consideration potential grant opportunity: City Safety Program A. Jackson, Dan Baker (5 minutes) 3. Motion Consideration potential grant opportunity: RAISE Program Adam Jackson, Dan Baker (5 minutes) January 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue Jan 16\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Economic Forecast Chelsie Taylor, Grant Forsyth (30 minutes) 3. Advance Agenda Mayor (5 minutes) 4. Info Only: Department Monthly Reports; Fire Dept Monthly Report January 30, 2024 Winter Workshop, 8:30 a.m. -2:30 p.m. \[due Tue Jan 23\] February 6, 2024 Study Session, 6:00 p.m. \[due Tue Jan 30\] 1. Advance Agenda Mayor (5 minutes) February 13, 2024 Formal Meeting, 6:00 p.m. \[due Tue Feb 6\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) Draft Advance Agenda 12/7/2023 4:53:24 PM Page 1 of 2 2. Advance Agenda Mayor (5 minutes) February 20, 2024 Study Session, 6:00 p.m. \[due Tue Feb 13\] 1. Advance Agenda Mayor (5 minutes) February 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue Feb 20\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report March 5, 2024 Study Session, 6:00 p.m. \[due Tue Feb 27\] 1. Advance Agenda Mayor (5 minutes) March 12, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 5\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor (5 minutes) March 19, 2024 Study Session, 6:00 p.m. \[due Tue March 12\] 1. Advance Agenda Mayor (5 minutes) March 26, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 19\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 9-1-1 calls (delays, holding, etc.) Appleway Trail Amenities Ethics Code Gang Task Force Update Mirabeau Park Forestry Mgmt. ORV usage on streets Park Camera Update Park Lighting PFD Presentation Public Safety Comparison Protection of Utility Infrastructures SCRAPS Street Scaping, signs, trees, etc.(info) Vehicle Wgt Infrastructure Impact Yellowstone Franchise Agreement Zayo Franchise Ordinance Draft Advance Agenda 12/7/2023 4:53:24 PM Page 2 of 2 City of Spokane Valley Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 PageTitle 1Cover Sheet 2Pre-A pplication Meeting Requested 3Construction Applications Received 4Engineering Applications Received 5Land Use Applications Received 6Construction Permits Issued 7Engineering Permits Issued 8Land Use Applications Completed 9Inspections Performed 10Code Enforcement 11Revenue 12Building Permit Valuations Created On: 12/7/2023Page 1 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 9 Community & Public Works Department Pre-Application Meetings Scheduled: Spokane Valley Pre-Application Meeting Requests 25 20 15 10 5 0 JanFebMarAprMayJunJulAugSepOctNovDec Commercial Pre-AppLand Use Pre-AppMW Commercial Pre-App JanFebMarAprMayJunJulAugSepOctNovDec Commercial Pre-App1126899571045 MW Commercial Pre-App 10000011001 Land Use Pre-App87863895643 ** Not Submitted / 02011200011 Cancelled Monthly Totals201114151319151316990 Annual-To-Date:154 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 12/7/2023Page 2 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 Construction Applications Received: 368 Spokane Valley Construction Applications Received JanFebMarAprMayJunJulAugSepOctNovDec Commercial NewCommercial MFRCommercial TI Commercial TradeCommercial AccessoryResidential SFR/Duplex Residential RemodelResidential AdditionResidential Trade Residential AccessoryDemolitionSign Re-RoofFactory AssembledMillwood/Other Construction *Other Construction applications include, Millwood, Adult Family Home Inspections, Cell Tower Modifications, Solar Panels, Swimming Pool/Hot Tub JanFebMarAprMayJunJulAugSepOctNovDec Commercial New34431380263 Commercial MFR041106320151 Commercial TI13811612147151098 Commercial Trade2431292947322649283728 Commercial Accessory/Addition 471816223746 Residential SFR/Duplex2210291423161912132113 Residential Remodel11141310911121511176 Residential Addition369889107824 Residential Trade131129178156174169171162160215199 Residential Accessory7511888853108 Demolition516113385336 Sign114815666793 Re-Roof2336597968717782688263 Factory Assembled011042113513 AFH Inspection42604692524 Millwood/Other Construction 168142318162519281513 **Not Submitted / Cancelled 12102014171481491741 Monthly Totals 2772704063633943703913853594383680 Annual-To-Date:4021 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 12/7/2023Page 3 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 Engineering Applications Received:62 Engineering Applications Received 160 140 120 100 80 60 40 20 0 JanFebMarAprMayJunJulAugSepOctNovDec Engineered GradingRegular GradingRight-of-WayApproachClearing & Grubbing JanFebMarAprMayJunJulAugSepOctNovDec Engineered Grading567311786365 Regular Grading12200112100 Right-of-Way507198861121241301089710753 Approach6131415986199134 Clearing & Grubbing00000000000 ** Not Submitted / Cancelled 716715891371212 Monthly Totals6292121104132140145135110126620 Annual-To-Date:1229 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 12/7/2023Page 4 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 Land Use Applications Received: 40 Spokane Valley Land Use Applications Received 100 80 60 40 20 0 JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line AdjShort PlatLong PlatBinding Site PlanFinal Platting Zoning/Comp AmendAccessory DwellingSEPAAdmin ExceptionAdmin Interpretation Home Business LicOther Development** NOT SUBMITTED ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etc… JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line Adj22212334362 Short Plat26522223243 Long Plat20201000020 Binding Site Plan02000100000 Final Platting12544626412 Zoning/Comp Amend00000000002 Accessory Dwelling00004151000 SEPA11300101030 Admin Exception01002010002 Admin Interpretation00000000000 Home Business Lic3836602857383530333928 Other Development641033777781 ** NOT SUBMITTED62386464312 Monthly Totals52548738755955524963400 Annual-To-Date:624 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 12/7/2023Page 5 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 Construction Permits Issued:356 Spokane Valley Construction Permits Issued 500 400 300 200 100 0 JanFebMarAprMayJunJulAugSepOctNovDec Commercial NewCommercial MFRCommercial TI Commercial TradeCommercial AccessoryResidential SFR/Plex Residential RemodelResidential AdditionResidential Trade Residential AccessoryDemolitionSign Re-RoofFactory AssembledMillwood/Other Construction* *Other Construction applications include, Millwood, Adult Family Home Inspections, Cell Tower Modifications, Swimming Pool/Hot Tub JanFebMarAprMayJunJulAugSepOctNovDec Commercial New12110043081 Commercial MFR019030400240 Commercial TI1578108131012867 Commercial Trade2532292847322548273930 Commercial Accessory/Additions 152062241562 Residential SFR/Plex2918222023112719171823 Residential Remodel99111597131415194 Residential Addition17594545941 Residential Trade133158170142178173186158155214194 Residential Accessory6612898115568 Demolition 425111656433 Sign125724377883 Re-Roof2334587869707782698262 Factory Assembled01392103243 Millwood/Other Construction* 1014222620272821341915 Cancelled 441174626455 Monthly Totals2733233843753803684033903644453560 Annual-To-Date:4061 Created On: 12/7/2023Page 6 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 Engineering Permits Issued:65 Engineering Permits Issued 160 140 120 100 80 60 40 20 0 JanFebMarAprMayJunJulAugSepOctNovDec Engineered GradingRegular GradingRight-of-WayApproachClearing & Grubbing JanFebMarAprMayJunJulAugSepOctNovDec Engineered Grading55871845473 Regular Grading12200102100 Right-of-Way547090831081241381099211058 Approach61761114871814113 Clearing & Grubbing00000000000 00201001231 Cancelled Monthly Totals6694108101124141149135113131650 Annual-To-Date:1227 Created On: 12/7/2023Page 7 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 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 Land Use Applications Completed: 35 Spokane Valley Land Use Applications Completed 100 50 0 JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line AdjShort Plat Long PlatBinding Site Plan Final PlattingZoning/Comp Amend/Code Text Amend Accessory DwellingSEPA ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etc… JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line Adj32101222403 Short Plat40304306252 Long Plat00101020210 Binding Site Plan20000100110 Final Platting63005213341 Amend/Code Text Amend 01000001010 Accessory Dwelling00002100100 SEPA10111100010 Admin Exception00000011001 Admin Interpretation00000000000 Home Business Lic3435621950513932295425 Other Development34622957543 Monthly Totals53457422667050524771350 Annual-To-Date:585 Created On: 12/7/2023Page 8 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 Development Inspections Performed Community & Public Works Department Development Inspections Performed:1671 Development Inspections include building, planning, engineering and ROW Spokane Valley Development Inspections Performed 2500 2000 1500 1000 500 0 JanFebMarAprMayJunJulAugSepOctNovDec 202120222023 JanFebMarAprMayJunJulAugSepOctNovDecAnnual Totals 202313211078159616231749190518561903197321341671 18,809 202210791253184418301679191315741950174616981259964 18,789 20219279911625175816611533161715501253134514731372 17,105 Monthly Totals 13211078159616231749190518561903197321341671018,809 Annual-To-Date:18,809 Created On: 12/7/2023Page 9 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 Code Enforcement Code Enforcement Officers Citizen Request Responses:43 They are listed by type below. All complaints, even those with no violation, must be investigated. Code Enforcement Complaints Investigated 100 80 60 40 20 0 JanFebMarAprMayJunJulAugSepOctNovDec CE-Stop Work OrderComplaint (Non-Violent) EnvironmentalGeneral NuisanceProperty JanFebMarAprMayJunJulAugSepOctNovDec CE-Stop Work Order00010000112 Business License Violation 00000000016 Complaint (Non-Violent) 0000000000 Environmental0000000000 General2245466781011 Nuisance5042554675653840402320 Property571399872111164 Monthly Totals57517261887951686051430 Annual-To-Date:681 Created On: 12/7/2023Page 10 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 Revenue Community & Public Works Department Revenue Received:$211,627.00 Spokane Valley Revenue Received $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 JanFebMarAprMayJunJulAugSepOctNovDec 202320225-Yr Trend JanFebMarAprMayJunJulAugSepOctNovDec Totals 2023$242,817$601,763$249,699$325,351$277,568$291,181$261,372$243,206$276,627$418,962$211,627$3,400,171 5-Yr Trend$366,189$217,048$278,862$261,774$267,125$269,300$357,431$343,968$273,585$300,353$264,532$248,223$3,448,391 2022$173,509$139,945$171,413$210,513$217,237$277,917$510,629$433,002$294,301$285,383$279,727$168,612$3,162,187 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 Created On: 12/7/2023Page 11 of 12 Community & Public Works Department Monthly Report 11/1/2023 - 11/30/2023 Building Permit Valuation Community & Public Works Department Building Permit Valuation:$13,340,888.00 This includes residential, commercial, reroof, & FAS placed. Spokane Valley Permit Valuation $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 JanFebMarAprMayJunJulAugSepOctNovDec Totals 5-Yr Trend20222023 JanFebMarAprMayJunJulAugSepOctNovDec Totals 2023 $17,287,531$61,507,380$34,061,501$22,737,321$19,583,399$22,255,351$15,704,992$20,019,711$20,052,582$43,983,576$13,340,888$290.53M 5-Yr Trend $13,934,472$51,953,203$72,761,110$22,693,957$26,107,478$29,486,237$43,333,753$24,061,575$19,236,442$23,134,959$26,716,219$26,059,263$263.30M 2022 $20,182,361$31,376,013$14,935,549$32,649,784$24,027,391$48,521,183$57,628,766$44,067,876$22,352,208$18,694,797$28,311,097$55,806,317$469.21M 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$298.27M 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$263.07M 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$219.89M 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$2573.09M Created On: 12/7/2023Page 12 of 12 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 Memorandum To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: December 6, 2023 Re: Finance Department Activity Report Î September 2023 Following is information pertaining to Finance Department activities through the end of September 2023 and included herein is an updated 2023 Budget to Actual Comparison of Revenues and Expenditures through the end of September. 2022 Year-end Process The 2022 books were closed in April and the annual financial report was completed and filed in May. The State AuditorÓs Office issued an unmodified opinion on the audit of the financial statements for the fiscal year 2022 and the Federal single audit on September 22, 2023. We expect the accountability audit and related exit conference to be completed later this fall. 2023 Budget Amendment #2 As we have progressed through 2023 the need for a number of budget amendments has arisen. Council review will take place at the following meetings: October 10 Admin Report October 24 Public Hearing October 24 First reading on proposed ordinance amending the 2023 Budget November 21 Second reading on proposed ordinance amending the 2023 Budget 2024 Budget Development The 2024 Budget development process began in the Finance Department in early March, and st on March 31 we sent detailed budget requests to all departments to complete by mid-May. By st the time the budget is scheduled to be adopted on November 21, the Council will have had an opportunity to discuss the budget on eight occasions including three public hearings. June 13 Council budget workshop August 29 Admin report on 2024 revenues and expenditures September 12 Public hearing #1 on the 2024 revenues and expenditures October 3 City ManagerÓs presentation of preliminary 2024 Budget October 10 Public hearing #2 on 2024 Budget October 24 First reading on proposed ordinance adopting the 2024 Budget November 21 Public hearing #3 on the 2024 Budget November 21 Second reading on proposed ordinance adopting the 2024 Budget P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30.docx Page 1 2024 Property Tax Levy A significant part of the budget development process includes the annual levy of property taxes which in 2024 are expected to account for approximately 22.28% of recurring General Fund revenues. Council discussions specifically related to this topic will take place at the following meetings: September 12 Public hearing on 2024 revenues including property taxes September 26 Admin Report on proposed ordinance levying 2024 property taxes October 10 First reading of ordinance levying 2024 property taxes and confirming tax levy October 24 Second reading of ordinance levying 2024 property taxes and confirming tax levy Outside Agency Funding in the 2024 Budget The City has historically provided funding for local organizations involved in either social services or economic development activities, and the preliminary 2024 Budget currently has $200,000 available for this award process. The schedule leading to awarding funds is as follows: July 14 Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers August 11 Agency requests are due at City Hall September 19 Economic development and social service agency presentations to Council October 24 Council makes final determination of awards Lodging Tax The schedule leading to awarding funds is as follows: September 1 Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers September 29 Grant applications due at City Hall October 26 Grant applicant presentations to lodging tax advisory committee November 14 Admin report to Council on results of lodging tax advisory committee meeting December 12 City Council motion consideration: Award lodging tax for 2024 Budget to Actual Comparison Report A report reflecting 2023 Budget to Actual Revenues and Expenditures for those funds for which a 2023 Budget was adopted is located on pages 6 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. WeÓve 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 2022 Annual Financial Report. P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30.docx Page 2 Columns of information include: o The 2023 Budget o September 2023 activity o Cumulative 2023 activity through September 2023 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 6): Recurring revenues collections are currently at 72.96% of the amount budgeted with 75.00% 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 2023 are $7,641,252 or 56.31% of the amount budgeted. Sales tax collections represent only eight months of collections thus far because taxes collected in September are not remitted to the City by the State until the latter part of October. Collections are currently at $21,603,612 or 70.70% of the amount budgeted. Gambling taxes are at $300,683 or 78.51% of the amount budgeted. Gambling taxes are paid st quarterly with third quarter payments due by October 31. Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2023 we have received $751,305 or 61.84% 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 September weÓve received remittances totaling $1,588,931 or 67.87% 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 September weÓve received remittances through the month of August with receipts of $324,970 or 62.66% 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 $3,000,015 or 95.36% 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 $728,580 or 116.48% of the amount budgeted. Recurring expenditures are currently at $33,604,235 or 63.12% of the amount budgeted with 75.00% of the year elapsed. Investments (page 19) Investments at September 30 total $115,942,330 and are composed of $110,651,070 in the Washington State Local Government Investment Pool and $5,291,260 in bank CDs. Total Sales Tax Receipts (page 20) Total sales tax receipts reflect State remittances through September and total $24,462,467 including general, criminal justice, and public safety taxes. This figure is $690,695 or 2.91% greater than the same eight-month period in 2022. P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30.docx Page 3 Economic Indicators (pages 21 Î 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 2014. Compared with calendar year 2022, 2023 collections have increased by $579,235 or 2.76%. Tax receipts reached an all-time high in 2022 of $32,347,046, besting the previous record year of 2021 when $31,499,534 was collected. Page 22 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2014. Compared with calendar year 2022, 2023 collections have decreased by $3,899 or 0.66%. Collections reached an all-time high in 2022 of $901,686, besting the previous record of $744,437 in 2021. Page 23 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2014. Compared with calendar year 2022, 2023 collections have decreased by $1,761,421 or 42.68%. Collections appear to be more in line with historical amounts rather than the historic highs seen in 2021 and 2022. Collections reached an all-time high in 2021 of $6,218,227. Debt Capacity and Bonds Outstanding (page 24) This page provides information on the CityÓs 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 2023 is $16,292,740,920. Following the December 1, 2022 debt service payments, the City has $9,810,000 of nonvoted G.O. bonds outstanding which represents 4.01% of our nonvoted bond capacity, and 0.80% 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: P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30.docx Page 4 Page 25 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2014. Compared with calendar year 2022, 2023 collections have decreased by $14,198 or 1.06%. Tax receipts peaked in 2007 at approximately $2.1 million and have generally ranged around $2 million in the years 2014 through 2022. Page 26 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2014. Compared with 2022, 2023 collections have decreased by $13,916 or 2.10%. 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 2023 Budget was adopted with a revenue estimate of $857,000. We will watch actual receipts closely as the year progresses. P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30.docx Page 5 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget #001 - GENERAL FUND RECURRING ACTIVITY Revenues Property Tax13,569,20096,4897,641,252(5,927,948)56.31% Sales Tax30,555,0002,797,79121,603,612(8,951,388)70.70% Sales Tax - Public Safety1,357,000135,7051,037,943(319,057)76.49% Sales Tax - Criminal Justice2,398,000236,5631,820,912(577,088)75.93% Gambling Tax and Leasehold Excise Tax383,0009300,683(82,317)78.51% Franchise Fees/Business Registration1,215,00015,299751,305(463,695)61.84% State Shared Revenues2,341,000277,3671,588,931(752,069)67.87% Fines, Forfeitures and Penalties518,60041,523324,970(193,630)62.66% Community and Public Works3,145,900270,6373,000,015(145,885)95.36% Recreation Program Revenues625,50082,783728,580103,080116.48% Grant Proceeds100,00000(100,000)0.00% Miscellaneous Department Revenue22,500042,75020,250190.00% Miscellaneous & Investment Interest158,200303,0272,323,4582,165,2581468.68% Transfers in - #105 (h/m tax-CP advertising) 30,00000(30,000)0.00% Total Recurring Revenues56,418,9004,257,19341,164,410(15,254,490)72.96% Expenditures City Council707,55841,062497,522210,03670.32% City Manager1,159,40456,323772,099387,30566.59% City Attorney921,906124,576764,175157,73182.89% City Services055,39387,338(87,338)0.00% Public Safety32,772,361219,77421,106,93011,665,43164.40% Deputy City Manager604,75246,640462,944141,80876.55% Finance1,346,05597,324958,690387,36571.22% Human Resources385,58431,505280,951104,63372.86% Information Technology436,17222,360290,658145,51466.64% City Facilities Operations and Maintenance475,88434,326376,47699,40879.11% Community & Public Works - Administration375,20026,552241,593133,60764.39% Community & Public Works - Engineering2,092,926135,5751,366,404726,52265.29% Community & Public Works - Building2,117,009140,9841,368,204748,80564.63% Community & Public Works - Planning887,72972,155592,496295,23366.74% Economic Development1,426,641124,467899,756526,88563.07% Parks & Rec - Administration383,49627,813270,699112,79770.59% Parks & Rec - Maintenance972,45520,341708,803263,65272.89% Parks & Rec - Recreation 351,84314,643211,849139,99460.21% Parks & Rec - Aquatics565,700158,766469,97095,73083.08% Parks & Rec - Senior Center38,9161,99613,87225,04435.65% Parks & Rec - CenterPlace1,096,36780,090709,144387,22364.68% General Government1,945,41880,939816,3961,129,02241.97% Transfers out - #204 ('16 LTGO bond debt service)401,15000401,1500.00% (park capital projects) Transfers out - #309 160,00000160,0000.00% Transfers out - #311 (pavement preservation) 1,011,8000337,267674,53333.33% (insurance premium) Transfers out - #502 600,00000600,0000.00% Total Recurring Expenditures53,236,3261,613,607 33,604,235 19,632,09163.12% Recurring Revenues Over (Under) Recurring Expenditures3,182,5742,643,5867,560,1754,377,601 Page 6 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Transfers in - #3121,200,00000(1,200,000)0.00% Precinct Grant39,00000(39,000)0.00% County Portion of Plante's Ferry Study50,00000(50,000)0.00% Coronavirus Local Fiscal Recovery Funds4,520,00012,4019,430,0594,910,059208.63% Judgments & Settlements003,565,2983,565,2980.00% Total Nonrecurring Revenues5,809,00012,40112,995,3577,186,357223.71% Expenditures City Hall Repairs0258,353704,719(704,719)0.00% City Attorney (office furniture for new Paralegal)8,500008,5000.00% (police vehicles) Public Safety 1,350,085001,350,0850.00% Public Safety (police staffing assessment) 85,000051,55133,44960.65% (access/fencing White Elephant) Public Safety 31,000030,73226899.13% Public Safety (install Precinct gutters) 4,000004,0000.00% (install security cameras at Precinct) Public Safety 20,0007,4917,49112,50937.45% n 30,0000030,0000.00% Public Safety (furniture for roll call room at Preci Public Safety (Precinct shop lift replacement)25,0000025,0000.00% City Facilities (City Hall space planning)06,30345,699(45,699)0.00% City Facilities (Balfour Facility)014,87151,984(51,984)0.00% Community & Public Works (20th Anniversary)34,7695,32530,1894,58086.83% Community & Public Works (consulting services)209,9750165,19544,78078.67% Engineering (cubicle furniture)16,600016,5198199.51% (equipment assessment) Parks & Rec 6,000006,0000.00% Parks & Rec (repaint portico at CenterPlace)12,0000012,0000.00% (replace CenterPlace flooring) Parks & Rec 52,700016,24036,46030.82% Parks & Rec (backup batteries for CP emergency lig 10,0000010,0000.00% (sidewalk repairs at CenterPlace) Parks & Rec 20,0000020,0000.00% Parks & Rec (CenterPlace lobby improvements)150,00000150,0000.00% General Government - Finance temp employee09,12682,080(82,080)0.00% General Government - IT capital replacements151,000033,830117,17022.40% Financial Software Capital Costs500,00011,200302,223197,77760.44% General Government (CLFR related costs)6,520,00018,0745,618,964901,03686.18% (Street Fund operations) Transfers out - #101 3,530,048003,530,0480.00% Transfers out - #122 (replenish reserve)500,0000500,0000100.00% (Balfour Park Imp. Phase 1) Transfers out - #309 427,32700427,3270.00% Transfers out - #309 (pump for Mirabeau Falls)33,0000033,0000.00% ('21 fund bal >50%) Transfers out - #312 5,358,05405,358,0540100.00% Total Nonrecurring Expenditures19,085,058330,742 13,015,469 6,069,58968.20% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures(13,276,058)(318,341)(20,113)13,255,945 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures(10,093,484)2,325,2457,540,06217,633,546 Beginning unrestricted fund balance46,101,05046,101,050 e36,007,56653,641,112 Ending fund balanc Page 7 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Revenues Telephone Utility Tax857,00075,912649,240(207,760)75.76% Motor Vehicle Fuel (Gas) Tax2,062,600197,4321,322,211(740,389)64.10% Multimodal Transportation139,20034,770104,298(34,902)74.93% Right-of-Way Maintenance Fee95,0004,65220,616(74,384)21.70% Solid Waste Road Wear Fee1,700,000232,0851,455,296(244,704)85.61% Investment Interest50012,95544,45943,9598891.81% Miscellaneous Revenue10,00042811,7011,701117.01% Total Recurring Revenues4,864,300558,2353,607,821(1,256,479)74.17% Expenditures Wages / Benefits / Payroll Taxes1,617,994108,5691,179,428438,56672.89% Supplies198,0004,151174,05623,94487.91% Services & Charges2,813,399412,4392,248,018565,38179.90% Snow Operations1,081,9155,937769,604312,31171.13% Local Street Program3,918,1005,6371,654,0452,264,05542.22% Intergovernmental Payments1,000,00023,060450,807549,19345.08% Vehicle Rentals - #501 (non-plow vehicle rental)27,75009,25018,50033.33% (plow replace) Vehicle Rentals - #501 275,000091,667183,33333.33% Total Recurring Expenditures10,932,158559,7946,576,8744,355,28460.16% Recurring Revenues Over (Under) Recurring Expenditures(6,067,858)(1,560)(2,969,052)3,098,806 NONRECURRING ACTIVITY Revenues Insurance Proceeds0013,81213,8120.00% Transfers in - #0013,530,04800(3,530,048)0.00% Transfers in - #1061,862,92901,862,9290100.00% Transfers in - #3112,677,09902,677,0990100.00% Transfers in - #312250,0000250,0000100.00% Total Nonrecurring Revenues8,320,07604,803,840(3,516,236)57.74% Expenditures Tapered Wing for Snowplow0021,860(21,860)0.00% Generator for Maint. Shop (50% cost to #402)8,50010011,574(3,074)136.17% (50% cost to #402) Desks for Maintenance Shop 1,530001,5300.00% Signal Maintenance Equipment40,00042137,4042,59693.51% Streetlight Replacement Program40,000032,9627,03882.40% Transfers out - #501(truck for Signal Technician)58,0000058,0000.00% Fixed Base Pole/Pedestrian Signal Post002,190(2,190)0.00% Retaining Wall Repair008,168(8,168)0.00% Bridge Maintenance10,0000010,0000.00% Total Nonrecurring Expenditures158,030521114,15743,87372.24% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures8,162,046(521)4,689,683(3,472,363) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures2,094,188(2,081)1,720,630(373,558) Beginning fund balance1,319,2061,319,206 e3,413,3943,039,836 Ending fund balanc Page 8 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget SPECIAL REVENUE FUNDS - continued #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax8,7008335,577(3,123)64.10% Investment Interest1001791,1921,0921192.02% Total revenues8,8001,0126,769(2,031)76.92% Expenditures Capital Outlay00000.00% Total expenditures00000.00% Revenues over (under) expenditures8,8001,0126,769(2,031) Beginning fund balance38,36838,368 e47,16845,137 Ending fund balanc #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax600,00069,595381,631(218,369)63.61% Investment Interest 5,00018,538156,652151,6523133.04% Transfers in - #105515,1980515,1980100.00% Total revenues1,120,19888,1331,053,482(66,716)94.04% Expenditures Spokane County - Avista Stadium Award2,000,00002,000,0000100.00% Total expenditures2,000,00002,000,0000100.00% Revenues over (under) expenditures(879,802)88,133(946,518)(66,716) Beginning fund balance5,619,7055,619,705 e4,739,9034,673,187 Ending fund balanc #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax900,000107,070587,135(312,865)65.24% Investment Interest 1,0002,18216,40115,4011640.11% Total revenues901,000109,252603,536(297,464)66.99% Expenditures Transfers out - #00130,0000030,0000.00% Transfers out - #104515,1980515,1980100.00% Tourism Promotion309,70240,31881,318228,38426.26% Total expenditures854,90040,318596,516258,38469.78% Revenues over (under) expenditures46,10068,9337,020(555,847) Beginning fund balance507,419507,419 Ending fund balance553,519514,439 #106 - SOLID WASTE Revenues Solid Waste Administrative Fees225,00020,181170,18754,81375.64% Solid Waste Road Wear Fee00000.00% Investment Interest 4,0004,63873,278(69,278)1831.95% Total revenues229,00024,819243,465(14,465)106.32% Expenditures Transfers out - #1011,862,92901,862,9290100.00% Education & Contract Administration229,00039,401203,27425,72688.77% Total expenditures2,091,92939,401 2,066,203 25,72698.77% Revenues over (under) expenditures(1,862,929)(14,582)(1,822,738)(40,191) Beginning fund balance3,003,1613,003,161 Ending fund balance1,140,2321,180,423 Page 9 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget SPECIAL REVENUE FUNDS - continued #107 - PEG FUND Revenues Comcast PEG Contribution71,000014,43056,57020.32% Investment Interest 09746,736(6,736)0.00% Total revenues71,00097421,16649,83429.81% Expenditures PEG Reimbursement - CMTV39,5000039,5000.00% Capital Outlay33,5001,3389,63623,86428.76% Total expenditures73,0001,3389,63663,36413.20% Revenues over (under) expenditures(2,000)(364)11,530(13,530) Beginning fund balance233,782233,782 Ending fund balance231,782245,312 #108 - AFFORDABLE & SUPPORTIVE HOUSING TAX FUND Revenues Affordable & Supportive Housing Tax200,00024,19998,887101,11349.44% Investment Interest 02,75417,870(17,870)0.00% Total revenues200,00026,954116,75883,24258.38% Expenditures Affordable & Supportive Housing Program00000.00% Total expenditures00000.00% Revenues over (under) expenditures200,00026,954116,75883,242 Beginning fund balance577,569577,569 e777,569694,326 Ending fund balanc #109 - TOURISM PROMOTION AREA Revenues Tourism Promotion Area Fee800,000147,937816,444(16,444)102.06% Investment Interest 03,13411,120(11,120)0.00% Tourism Interest04381,910(1,910)0.00% Total revenues800,000151,510829,474(29,474)103.68% Expenditures Services & Charges45,00010,00039,3505,65087.44% Total expenditures45,00010,00039,3505,65087.44% Revenues over (under) expenditures755,000141,510790,124(35,124) Beginning fund balance00 Ending fund balance755,000790,124 #110 - HOMELESS HOUSING PROGRAM FUND Revenues Recording Surcharge - Homeless Housing00000.00% Investment Interest 00000.00% Total revenues00000.00% Expenditures Services & Charges00000.00% Total expenditures00000.00% Revenues over (under) expenditures0000 Beginning fund balance00 Ending fund balance00 Page 10 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget SPECIAL REVENUE FUNDS - continued #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Transfers in00000.00% Total revenues00000.00% Expenditures Operations00000.00% Total expenditures00000.00% Revenues over (under) expenditures0000 Beginning fund balance300,000300,000 Ending fund balance300,000300,000 #121 - SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest024,91350,27350,2730.00% Transfers in00000.00% Total revenues024,91350,27350,2730.00% Expenditures Operations00000.00% Total expenditures00000.00% Revenues over (under) expenditures024,91350,27350,273 Beginning fund balance5,500,0005,500,000 e5,500,0005,550,273 Ending fund balanc #122 - WINTER WEATHER RESERVE FUND Revenues Investment Interest1,1002,1428,0856,985735.02% Transfers in - #001500,0000500,0000100.00% Subtotal revenues501,1002,142508,0856,985101.39% Expenditures Snow removal expenses500,00000500,0000.00% Transfers out - #10100000.00% Total expenditures500,00000500,0000.00% Revenues over (under) expenditures1,1002,142508,085(493,015) Beginning fund balance31,78031,780 e32,880539,865 Ending fund balanc DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District527,200068,600(458,600)13.01% Transfers in - #001401,15000(401,150)0.00% Transfers in - #30180,60000(80,600)0.00% Transfers in - #30280,60000(80,600)0.00% Total revenues1,089,550068,600(1,020,950)6.30% Expenditures Debt Service Payments - CenterPlace527,200068,600458,60013.01% Debt Service Payments - Roads161,20003,100158,1001.92% Debt Service Payments - '16 LTGO Bond401,1500110,575290,57527.56% Total expenditures1,089,5500182,275907,27516.73% Revenues over (under) expenditures00(113,675)(1,928,225) Beginning fund balance00 e0(113,675) Ending fund balanc Page 11 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes1,500,000124,3341,183,021(316,979)78.87% Investment Interest4,00026,038173,651169,6514341.27% Total revenues1,504,000150,3721,356,672(147,328)90.20% Expenditures Transfers out - #20480,6000080,6000.00% Transfers out - #303385,9670219,916166,05156.98% Transfers out - #311 (pavement preservation) 1,037,500001,037,5000.00% Transfers out - #3143,655003,6550.00% Total expenditures1,507,7220219,9161,287,80614.59% Revenues over (under) expenditures(3,722)150,3721,136,756(1,435,134) Beginning fund balance5,314,9285,314,928 Ending fund balance5,311,2066,451,684 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes1,500,000124,3341,183,021(316,979)78.87% Investment Interest6,00032,162213,882207,8823564.71% Total revenues1,506,000156,4961,396,904(109,096)92.76% Expenditures Transfers out - #20480,6000080,6000.00% Transfers out - #303602,72002,275,986(1,673,266)377.62% Transfers out - #311 (pavement preservation)1,037,500001,037,5000.00% Transfers out - #314135,00000135,0000.00% Total expenditures1,855,82002,275,986(420,166)122.64% Revenues over (under) expenditures(349,820)156,496(879,082)311,069 Beginning fund balance6,791,1756,791,175 Ending fund balance6,441,3555,912,093 Page 12 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget CAPITAL PROJECTS FUNDS - continued #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution71,61500(71,615)0.00% Traffic Mitigation Fees00126,085126,0850.00% Investment Interest0043,32443,3240.00% Grant Proceeds7,988,376633,6162,456,682(5,531,694)30.75% Transfers in - #301385,9670219,916(166,051)56.98% Transfers in - #302602,72002,275,9861,673,266377.62% Transfers in - #315108,44900(108,449)0.00% Total revenues9,157,127 633,616 5,121,992 (4,035,135)55.93% Expenditures 205Sprague/Barker Intersection Improvement19,76664018,88288495.53% 249Sullivan & Wellesley Intersection00282,170(282,170)0.00% 275Barker Rd Widening - River to Euclid031,92531,925(31,925)0.00% 299Argonne Rd Concrete Pvmt Indiana to Mont0817983(983)0.00% 300Pines & Mission Intersection Improvements1,294,831714218,5131,076,31816.88% 313Barker Road/Union Pacific Crossing1,044,000726,1261,188,129(144,129)113.81% 318Wilbur Sidewalk: Boone to Mission03943,739(3,739)0.00% 320Sullivan Preservation: Sprague-8th2,070,462152,516510,1981,560,26424.64% 321Argonne Corridor Imprv - North of Knox10,0000010,0000.00% 3262020 Citywide Retroreflective Post Panel89,502073688,7660.82% 327Sprague Avenue Stormwater1,557,410001,557,4100.00% 329Barker Road Imp - City Limits to Appleway750,0008,87079,760670,24010.63% 332NE Industrial Area - Sewer Extension25,0000025,0000.00% 334Sprague Avenue Preservation00479(479)0.00% 335Mission Ave over Evergreen Rd Deck Repair01,148320,872(320,872)0.00% 3408th Ave Sidewalk (Coleman to Park)401,01122,167605,919(204,908)151.10% 3422022 School Zone Flashing Beacons001,223(1,223)0.00% 344Park Rd Sidewalk - Broadway to Cataldo338,86229,80629,806309,0568.80% 345Park Rd Sidewalk - Nora to Baldwin311,600862424,182(112,582)136.13% 346Bowdish Sidewalk - 12th to 22nd244,6839,81940,237204,44616.44% 347Broadway and Park Intersection0549,482738,626(738,626)0.00% 348Barker Rd Improvements - Appleway to I-9002,1652,165(2,165)0.00% 349Trent Ave Access Control & Safety Improv002,032(2,032)0.00% 351Barker Rd Improv - Sprague to Appleway01,2851,285(1,285)0.00% 3522022 Citywide Signal Backplates0982982(982)0.00% Contingency1,000,000001,000,0000.00% Total expenditures9,157,1271,539,718 4,502,843 4,654,28449.17% Revenues over (under) expenditures0(906,102)619,149(8,689,419) Beginning fund balance1,943,1511,943,151 e1,943,1512,562,300 Ending fund balanc 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. Page 13 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget CAPITAL PROJECTS FUNDS - continued #309 - PARKS CAPITAL PROJECTS FUND Revenues Transfers in - #001620,32700(620,327)0.00% Transfers in - #31040,19200(40,192)0.00% Transfers in - #3125,677,84600(5,677,846)0.00% Grant Proceeds126,10000(126,100)0.00% Investment Interest 004434430.00% Total revenues6,464,4650443(6,464,022)0.01% Expenditures 314Balfour Park Frontage Improvements005,000(5,000)0.00% 316Balfour Park Improvements - Phase 15,021,465520,2333,423,8121,597,65368.18% 328Sullivan Park Waterline500,000039,773460,2277.95% 338Loop Trail Project750,0007,61924,453725,5473.26% Parking & Trail Design (Summerfield, Ponderosa, F 136,90000136,9000.00% West Lawn Shade Canopy for Stage23,1000023,1000.00% Pump replacement for Mirabeau Falls33,0000033,0000.00% Total expenditures6,464,465527,8533,493,0382,971,42754.03% Revenues over (under) expenditures0(527,853)(3,492,595)(9,435,449) Beginning fund balance177,301177,301 Ending fund balance177,301(3,315,294) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 1,0002323,9072,907390.71% Total revenues1,0002323,9072,907390.71% Expenditures Transfers out - #30940,1920040,1920.00% Payment to Library District799,0930799,0930100.00% Total expenditures839,2850799,09340,19295.21% Revenues over (under) expenditures(838,285)232(795,186)(37,285) Beginning fund balance853,709853,709 e15,42458,523 Ending fund balanc #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in - #0011,011,8000337,267(674,533)33.33% Transfers in - #3011,037,50000(1,037,500)0.00% Transfers in - #3021,037,50000(1,037,500)0.00% Grant Proceeds1,760,000535,3102,034,475274,475115.60% Investment Interest 03,753131,880131,8800.00% Total revenues4,846,800539,063 2,503,622 (2,343,178)51.66% Expenditures Transfers out - #1012,677,09902,677,0990100.00% Pre-project GeoTech Services50,0000050,0000.00% Pavement Preservation7,805,121007,805,1210.00% 320Sullivan Preservation: Sprague-8th0212,9611,282,975(1,282,975)0.00% 334Sprague Avenue Preservation05,2216,013(6,013)0.00% 3392022 Local Access Streets: Summerfield E087,0421,393,988(1,393,988)0.00% 3408th Ave Sidewalk (Coleman to Park)021,729135,425(135,425)0.00% 341Broadway Preservation - Fancher to Park047,1211,346,986(1,346,986)0.00% 347Broadway and Park Intersection056,88696,477(96,477)0.00% Total expenditures10,532,220430,960 6,938,9643,593,25665.88% Revenues over (under) expenditures(5,685,420)108,103(4,435,342)(5,936,435) Beginning fund balance6,615,7006,615,700 e930,2802,180,358 Ending fund balanc Page 14 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2023\\2023 09 30 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =75.00% For the Nine-Month Period Ended September 30, 2023 2023 ActualActual throughBudget% of BudgetSeptemberSeptember 30RemainingBudget CAPITAL PROJECTS FUNDS - continued #312 - CAPITAL RESERVE FUND Revenues Transfers in - #0015,358,05405,358,0540100.00% Investment Interest 20,00084,516510,968490,9682554.84% Total revenues5,378,05484,5165,869,022490,968109.13% Expenditures Transfers out - #0011,200,000001,200,0000.00% Transfers out - #101250,0000250,0000100.00% Transfers out - #3095,677,846005,677,8460.00% Transfers out - #314544,3920218,119326,27340.07% Land Acquisition (E Sprague)791,0000790,78321799.97% (Sullivan Park) Land Acquisition 759,60000759,6000.00% Total expenditures9,222,83801,258,9027,963,93613.65% Revenues over (under) expenditures(3,844,784)84,5164,610,119(7,472,968) Beginning fund balance16,658,02016,658,020 Ending fund balance12,813,23621,268,139 #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Developer Contribution187,51100(187,511)0.00% Grant Proceeds2,827,086176,359625,665(2,201,421)22.13% Investment Interest 00000.00% Transfers in - #3013,65500(3,655)0.00% Transfers in - #302135,00000(135,000)0.00% Transfers in - #312544,3920218,119(326,273)40.07% Total revenues3,697,644176,359843,784 (2,853,860)22.82% Expenditures 143Barker Rd/BNSF Grade Separation750,00011,309276,437473,56336.86% 223Pines Rd Underpass2,200,00076,845892,9001,307,10040.59% 311Sullivan Rd./SR 290 Interchange Project1,000,0001,67914,145985,8551.41% Total expenditures3,950,00089,8331,183,4822,766,51829.96% Revenues over (under) expenditures(252,356)86,526(339,698)(5,620,378) Beginning fund balance267,46