HomeMy WebLinkAbout2022.11.21 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, November 21, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. EXECUTIVE SESSION
(a) Discuss with Legal Counsel about Current or Potential Litigation
per RCW 42.30.110(1)(i) (15 minutes)
5. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
7 - 24 (a) Approval of Meeting Minutes for November 7th and 14th
Page 1 of 338
To approve the minutes of the Pasco City Council Regular Meeting
held on November 7, 2022 and Special Meeting & Regular Workshop
held on November 14, 2022.
25 - 27 (b) Bills and Communications - To approve claims in the total amount
of $4,587,824.46 and bad debt write-off for Utility Billing,
Ambulance, Cemetery, General Accounts, Miscellaneous
Accounts, and Municipal Court (non-criminal, criminal, and
parking) accounts receivable in the total amount of $262,905.15
and, of that amount, authorize $247,420.00 to be turned over for
collection.
To approve claims in the total amount of $4,587,824.46 ($3,902,792.39
in Check Nos. 252027-252292; $668,409.61 in Electronic Transfer
Nos. 838214-838219, 838221; $39,357.37 in Check Nos. 54170-
54192; $982,771.58 in Electronic Transfer Nos. 30182375-30182943).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non -
criminal, criminal, and parking) accounts receivable in the total amount
of $262,905.15 and, of that amount, authorize $247,420.00 to be
turned over for collection.
28 - 130 (c) Resolution No. 4273 - Basin Disposal Inc. 2023 Proposed Rate
Increase
MOTION: I move to approve Resolution No. 4273, approving a rate
increase for solid waste collections and disposal services by Basin
Disposal, Inc.
131 - 135 (d) Resolution No. 4274 - Bid Award for Fire Station No. 85
Construction
To approve Resolution No. 4274, awarding Bid No. 21199-B, for the
Fire Station No. 85 construction with G2 Commercial Construction Inc,
and further, authorize the City Manager to execute the contract
documents and allowing all necessary budget adjustments.
136 - 161 (e) Resolution No. 4275 - Amendment No. 3 to Interlocal Agreement
with Port of Pasco for Argent Road Project
To approve Resolution No. 4275, authorizing the Interim City Manager
to execute Amendment No. 3 for the Interlocal Agreement with the Port
of Pasco relating to the Argent Road Project.
162 - 203 (f) Resolution No. 4276 - Amendment No. 1 to Professional Services
Agreement with PBS Engineering for Broadmoor TIF Design
Services
To approve Resolution No. 4276, authorizing the Interim City Manager
to execute Amendment No. 1 to the Professional Services Agreement
Page 2 of 338
with PBS Engineering & Environmental, Inc. for the Broadmoor Tax
Increment Funding and Interchange Project.
204 - 245 (g) Resolution No. 4277 - Amendment No. 3 to Professional Services
Agreement with Carollo Engineers, Inc. for Butterfield Facility
Plan
To approve Resolution No. 4277, authorizing the Interim City Manager
to execute Amendment No. 3 to the Professional Services Agreement
with Carollo Engineers, Inc. for the Butterfield Water Treatment Plant
Facility Plan Project.
246 - 262 (h) Resolution No. 4278 - Change Order Approval for Lewis Street
Overpass Project
To approve Resolution No. 4278, authorizing the Interim City Manager
to execute Change Orders Nos. 8-11 to the construction contract with
Cascade Bridge, LLC. for the Lewis Street Overpass Project.
263 - 266 (i) Planning Commission Appointments of Rosa Torres and Mitchell
Moffitt
To confirm the Mayor's appointments of Rosa Torres to Position No. 1
and Mitchell Moffitt to Position No. 2 on the Planning Commission with
the terms expiring on February 2, 2028.
(RC) MOTION: I move to approve the Consent Agenda as read.
6. PROCLAMATIONS AND ACKNOWLEDGEMENTS
7. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an i mmediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
8. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
Page 3 of 338
267 - 277 (a) Second Public Hearing for Ordinances Nos. 4619 & 4620 Related
to Proposed 2023-2024 Operating & Capital Projects Budgets
CONDUCT PUBLIC HEARING
278 - 286 (b) Public Hearing & Ordinance No. 4621 - Right-of-Way Vacation at
Court & Road 68 (VAC 2022-008)
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4621, vacating a portion of
right-of-way lying north of the centerline of West Court Street and west
of the centerline of Road 68, and further, authorize publication by
summary only.
10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
287 - 303 (a) *Resolution No. 4271 - Purchase and Sale Agreement for Real
Property (Stahl ROW)
MOTION: I move to approve Resolution No. 4271, authorizing the
purchase of real property located at 4050 East A Street Pasco,
Washington, for future right-of-way.
304 - 314 (b) *Ordinances Nos. 4623 & 4624 - Administrative/Professional and
Management Wage and Salary Plans
MOTION: I move to adopt Ordinance No. 4623, providing for certain
adjustments in the Administrative/Professional, Exempt and Non-
Exempt wage plan beginning January 8, 2023 (1st full pay period of
2023) and, further, authorize publication by summary only.
MOTION: I move to adopt Ordinance No. 4624, providing for certain
adjustments in the Management salary plan beginning January 8, 2023
(1st full pay period of 2023) and, further, authorize publication by
summary only.
315 - 320 (c) Resolution No 4279 - Bid Award for the Well Capacity Upgrades
MOTION: I move to approve Resolution No. 4279, awarding Bid No.
21222 for the Well Capacity Upgrades project to Carpenter Drilling LLC
of Benton City, WA, Washington, and further, authorize the Interim City
Manager to execute the contract documents and allowing all necessary
budget adjustments.
11. UNFINISHED BUSINESS
321 - 336 (a) Update - Amending Council Voting Districts, Based on
Redistricting Plan
Page 4 of 338
12. NEW BUSINESS
13. MISCELLANEOUS DISCUSSION
14. EXECUTIVE SESSION
(a) Discuss with Legal Counsel about Current or Potential Litigation
per RCW 42.30.110(1)(i) and Collective Bargaining Unit
Negotiations per RCW 42.30.140(4)(a) (15 minutes)
15. ADJOURNMENT
16. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
337 - 338 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Tuesday, November 22, 5:00 PM: HAPO Center/TRAC
Advisory Board Meeting – HAPO Center
(COUNCILMEMBER JOSEPH CAMPOS and MAYOR PRO
TEM CRAIG MALONEY)
• Monday, November 28, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
• Monday, November 28, 6:00 PM: RESCHEDULED LEOFF
Disability Board – City Hall Conference Room 1, Pasco City
Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM
CRAIG MALONEY, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
Page 5 of 338
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 6 of 338
AGENDA REPORT
FOR: City Council November 15, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 11/21/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes for November 7th and 14th
I. REFERENCE(S):
11.07.2022 & 11.14.2022 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
November 7, 2022 and Special Meeting & Regular Workshop held on November
14, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 7 of 338
MINUTES
City Council Regular Meeting
7:00 PM - Monday, November 7, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, David
Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: Irving Brown
Staff present: Adam Lincoln, Interim City Manager; Darcy Buckley, Finance
Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney;
Bob Gear, Fire Chief; Patrick Reid, Deputy Fire Chief; Zach Ratkai, Administrative
& Community Services Director; Brent Cook, Deputy Police Chief; Rick White,
Community & Economic Development Director; Steve Worley, Public Works
Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:04 PM for 30 minutes to discuss the
qualifications of an applicant for public employment per RCW 42.30.110(1)(g).
Council and City Attorney Ferguson, Human Resources Director Chapin and GMP
Consultants Greg Prothman and Ray Corpuz were in Executive Session to discuss
the qualifications of an applicant for public employment per RCW 42.30.110(1)(g).
NOTE: Mr. Milne joined the Executive Session at 7:05 PM.
At 7:36 PM, Mayor Barajas extended the Executive Se ssion for another 30 minutes
to discuss with legal counsel about current or potential litigation per RCW
42.30.110(1)(i) with Interim City Manager Lincoln and City Attorney Ferguson.
Page 1 of 9Page 8 of 338
Human Resources Director Chapin and GMP Consultants Greg Prothman and Ray
Corpuz existed the Executive Session at 7:36 PM.
Councilmember Serrano recused himself from the Executive Session at 7:39 PM
and remained in Council Chambers for the duration of the Executive Session.
Mayor Barajas called the meeting back to order at 8:06 PM.
CONSENT AGENDA
Approval of Meeting Minutes for October 17th, 24th, 31th and November 1st
and 2nd
To approve the minutes of the Pasco City Council Regular Meeting held on October
17, 2022; Special Meeting and Workshop held on October 24, 2022; Special
Meeting held on October 31, 2022; Special Workshop held on November 1, 2022;
and Special Public Comment Listening Session held on November 2, 2022.
Bills and Communications
To approve claims in the total amount of $9,254,528.80 ($6,927,994.85 in Check
Nos. 251606-252026; $1,318,988.12 in Electronic Transfer Nos. 837602-837620,
837631-837698, 837703-837801, 837803-837883, 837889, 837891-837918,
837921-837996, 838001, 838004-838007, 838009-838010, 838029-838035;
$27,267.14 in Check Nos. 54156-54169; $980,278.69 in Electronic Transfer Nos.
30181804-30182374).
Resolution No. 4267 - Declaring the City of Pasco 2023 Legislative Priorities
To approve Resolution No. 4267, declaring the City's Legislative Priorities for the
2023 Session of the Washington State Legislature.
Resolution No. 4268 - Argent Road Phase 1 Project Acceptance
To approve Resolution No. 4268, accepting work performed by Culbert
Construction, Inc under contract for the Argent Road Widening - Phase 1 (20th Ave
to Saraceno Way) Project.
Approve Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan &
Budget
To approve the Tri-City Regional Hotel/Motel Commission 2023 Marketing Plan and
Operating Budget for the Tourism Promotion Area in the total amount of
$$2,050,000, with City of Pasco share of $430,500.
Historic Preservation Commission Reappointment of Devi Tate
To confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic
Preservation Commission with a term expiring on August 1, 2025.
Page 2 of 9Page 9 of 338
Code Enforcement Board Appointment of Dwayne Speer and
Reappointments of Duane Van Beek, James Rawlinson and Mary Gutierrez
To confirm Mayor Barajas's Code Enforcement Board appointment of Dwayne
Speer to Position No. 1 with a term from November 7, 2022, through January 1,
2025, and the reappointments of Duane Van Beek, James Rawlinson and Mary
Gutierrez to Position Nos.3, 4, & 5 respectively, for four-year terms through January
1, 2026.
HAPO Center Advisory Board Appointment of Leo Perales
To confirm the Mayor's appointment of Leo Perales to the HAPO Center Advisory
Board with a term from November 7, 2022 through July 1, 2025.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Mayor Barajas,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Councilmember Brown
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Mayor Barajas announced the proclamation, "Operation Green Light for Veterans
Week" from November 7 through November 13, 2022.
VISITORS - OTHER THAN AGENDA ITEMS
Nancy Brungard, Pasco resident and Community Unitarian Universalist Church
representative, commented about the homelessness issues at the church's property
and surrounding area.
Mr. Serrano asked for the frequency of the issues occurring at the church and Ms.
Braggard responded to Mr. Serrano.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Roach commented on public comment opportunity related to the Council's Draft
Redistricting Plan held on November 2nd.
Mr. Milne, reported attending a COPA (Colima- Pasco) meeting held in late October
2022.
Page 3 of 9Page 10 of 338
Mr. Campos announced that he recently graduated from the Pasco Police
Department's Citizen's Academy.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing and Ordinances Nos. 4619 & 4620 - First Readings of 2023-
2024 Operating & Capital Projects Budgets
Ms. Buckley distributed a paper copy of the proposed 2023-2024 Proposed Budget
presentation to Council and then provided an overview of the proposed budget.
Council and staff held a question and answer period throughout the presentation.
Mayor Pro Tem Maloney asked for a case scenario of the budget if there was a two
plus-year economic downturn.
Ms. Roach inquired about the unallocated ARPA funding of app roximately $625K
and Council concurred that this topic needs to brought forward to Council in early
2023.
CONDUCT PUBLIC HEARING
Mayor Barajas declared the Public Hearing open to consider the proposed 2023 -
2024 Proposed Budget. Following three calls fo r comments, and there being none,
Mayor Barajas declared the Public Hearing closed.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to approve the first reading of Ordinance No. 4619, for consideration of the City
of Pasco Biennial Operating Budget for 2023-2024, by title only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Councilmember Brown
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to approve the first reading of Ordinance No. 4620, for consideration of the City
of Pasco Biennial Capital Projects Budget for 2023 -2024, by title only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Councilmember Brown
Page 4 of 9Page 11 of 338
Public Comment Opportunity Related to City Council's Draft Redistricting
Plan
Mr. Lincoln stated this was a second opportunity for the public to learn and
comment about the City Council's draft Redistricting Plan. He noted that Attorney
Amanda Daylong, consultant for the City Council's redistricting plan and Dr. Peter
Morrison, the demographer who prepared the 2017 voting districts map, as well as
the draft 2022 voting districts map were also in attendance and available to answer
questions..
Mr. Ferguson provided a brief history of the City of Pasco's Council Voting Districts
and the laws for redistricting the voting districts.
Mr. Serrano recused himself from this discussion item and left the Council
Chambers at 8:40 PM.
PUBLIC COMMENT OPPORUNITY
Gabriel Portugal, Pasco resident and League of Untied Latin American Citizens
representative, expressed concern about the map and asked for more time for the
public to provide input. He submitted his written comments to City Clerk Barham.
James Dorsey, Pasco resident, asked which map was correct, the 2022 Proposed
Council Districts with Voting Precincts map or the 2022 Proposed Council Districts
with City Streets map.
Mr. Lincoln stated that the 2022 Proposed Council Districts with Voting Precincts is
the correct map.
Felix Vargas, Pasco resident, commented that he believes the the draft
Redistricting Plan met the Washington State Voters Rights Act and urged Council
to approve the 2022 draft Council Districts map before November 15, 2022.
David Cortinas, Pasco resident, commented on divided precincts and asked if the
ACLU had reviewed the map. He expressed concern about the short deadline of
the redistricting plan. Lastly, he commented on the appointment of Councilmember
Brown who replaced a Lanita, cultural heritage, Councilmember who resigned from
City Council in May 2022.
Stephen Bauman, Franklin County resident, expressed concern about a disjointed
Council Voting District No. 3 and asked for the nuances of split precincts, the timing
of the redistricting plan and where were the recent annexations on this map.
Ms. Roach commented on the nuances of splitting precincts and addressed Mr.
Brown's appointment to City Council, and the appointment was based on Mr.
Browns merits his experience and service within the community and in his voting
district.
Page 5 of 9Page 12 of 338
Mayor Barajas requested that Mr. Ferguson address the issues brought forth during
the comment period and she also noted that the Council as it currently sits, is
representative of the City of Pasco.
Mr. Ferguson explained all throughout this process the top priority was making
certain that it was legal in both the state and federal voting laws.
Mr. Lincoln stated that once the redistricting of the Council Voting Districts Map
2020 decennial census map is completed and approved, then the annexations that
occurred from 2020 through 2022 will be reviewed and an amended map will be
finalized.
Dr. Morrison commented on preparation and data reviewed for the draft 2022
Council Voting Districts map as of the 2020 decennial census.
Mayor Pro Tem Maloney asked Dr. Morrison if Council Voting Districts Nos. 3, 4
and 5 are not primarily Hispanic voting ag e population, then why are there split
precincts such as identified in Precincts Nos. 37, 39 and 102 in those districts.
Dr. Morrison explained the reasoning for the splitting of precincts overall and if
Mayor Pro Tem Maloney is seeking specific answers regarding split precincts, it will
take some time as he will need to first meet with his analysist.
Council and Dr. Morrison continued the discussion of draft Redistricting Plan.
Rebecca Francik, Pasco resident, spoke about Council's process when she sat on
Council during the 2015-2017 redistricting of the Council Voting Districts.
John Kennedy, Pasco resident, commented on the process of splitting precincts,
compaction and offered other suggestions for Council to consider these items the
next time this process occurs.
Mayor Barajas stated that City Council was not given much time to review,
comment and adjust the Redistricting Plan.
Mr. Ferguson stated the the proposed map will come back for Council consideration
at the November 14, 2022, Council Special Meeting.
RECESS
Mayor Barajas called for a five-minute recess at 9:50 PM.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution No. 4269 - Bid Award for Transmission Main – West Pasco Water
Treatment Plant to Zone 3
Page 6 of 9Page 13 of 338
Mr. Worley introduced Capital Projects Manager Serra who provided a brief report
on the proposed bid award for the Transmission Main Project.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to approve Resolution No. 4269, awarding Bid No. 21238 for the Transmission
Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 project to Total
Site Services of Richland, Washington, and further, authorize the City Manager
to execute the contract documents and allowing all necessary budget
adjustments.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Councilmember Brown
Resolution No. 4270 - Setting Public Hearing for Snake River Agriculture LLC
Right-of-Way Vacation (VAC 2022-006)
Mr. White provided a brief report on the proposed public hearing for the right -of-
way vacation.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve Resolution No. 4270, setting 7:00 PM, Monday, December
5, 2022, as the time and date for a public hearing to consider the vacation of a
portion of South Oregon Avenue located at the southeast corner of East "A"
Street and South Oregon Avenue.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Councilmember Brown
Resolution No. 4271 - Purchase and Sale Agreement for Real Property (Stahl
ROW)
Mayor Barajas stated that this item was moved under Agenda Section No. 11
Unfinished Business as Item No. 11.(b).
Resolution No. 4272 - Drinking Water State Revolving Fund Pre-Construction
Loan Application for Butterfield WTP Improvements Project
Ms. Serra provided a brief report on the proposed Drinking Water State Revolving
Fund loan application.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve Resolution No. 4272, authorizing the submittal of a Drinking
Water State Revolving Fund Loan Application for the Butterfield Water
Page 7 of 9Page 14 of 338
Treatment Plant (Butterfield WTP) Improvements Proje ct for a loan amount of
up to $500,000.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Councilmember Brown
UNFINISHED BUSINESS
Cannabis Discussion - Considerations for Retail Sales, Wholesale,
Manufacturing, etc. within Pasco
Mr. White provided a brief report on the cannabis discussion and the next steps
needed in order to move forward if Council determines they want to move forward
on allowing the sale of retail cannabis in Pasco. He stated that staff was seeking
the following:
1. Consideration of the C-2 (no off-street parking requirements in this zoning
district), C-3; I-1; I-2 and I-3 zoning districts for the location of retail cannabis
sales.
2. Whether or not establishing a conditional use permit process is appropriate
for the project permitting process;
a. Decision (approval/approval with conditions/denial) by the Pasco
Hearing Examiner;
b. Provides direct mail notice to property owners within 300 feet of the
subject property;
c. Provides ability to require conditions of approval on a case by case
basis;
d. Establishes State regulations on the record.
Council provided their opinions and thoughts on this topic and while not all were in
favor of allowing the sale of retail cannabis in Pasco, they were ready to move this
issue along.
Mr. Lincoln and Mr. Ferguson stated that Council will need to first vote on a
resolution providing staff direction to prepare an ordinance to undo the ban of the
sale of cannabis; and if the resolution is approved, an ordinance will then be
prepared that will provide all the details of the conditions and area where the sale
of retail cannabis may take place in Pasco.
Ms. Roach recommended the sale of retail cannabis be zoned in the Industrial
Zones and not have a Conditional Use Permit requirement
Mr. Campos recommended no Conditional Use Permit requirement and the
Industrial and C2 zoned areas for retail sales of cannabis.
Page 8 of 9Page 15 of 338
Mayor Pro Tem Maloney recommended that there is no Conditional Use Permit
requirement and that the zoning be in all Retail zoned areas.
Mr. Serrano expressed opposition to the sales of retail cannabis; however if it
passes then he recommended a Conditional Use Permit and it should first be tested
in Industrial zoned areas.
Mr. Ferguson stated that he would bring back a resolution for Council consideration
lifting the ban and allowing it in C2 and Industrial zoned areas along with the other
buffers.
Mr. Serrano asked for maps depicting the potentially permissible zones individually
and together.
Mr. Lincoln stated that the resolution could be prepared and ready for Council
review in early 2023.
EXECUTIVE SESSION
Council adjourned into Executive Session at 10:50 PM for 10 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with Interim
City Manager Lincoln and City Attorney Ferguson.
Mayor Barajas called the meeting back to order at 11:00 PM
UNFINISHED BUSINESS CONTINUED
Resolution No. 4271 - Purchase and Sale Agreement for Real Property (Stahl
ROW)
Mayor Barajas announced that this item will be moved to the next regular Business
meeting scheduled for November 21, 2022.
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:02 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 9 of 9Page 16 of 338
MINUTES
City Council Special Meeting
7:00 PM - Monday, November 14, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, Interim City Manager; Darcy Buckley, Finance
Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney;
Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director;
Ken Roske, Police Chief; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk.
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:03 PM for 15 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the
Interim City Manager and the City Attorney.
Mr. Serrano recused himself from the Execu tive Session and remained in Council
Chambers.
At 7:19 PM Mayor Barajas announced that the Executive Session would continue
for another five minutes.
Mayor Barajas called the meeting back to order at 7:24 PM.
Page 1 of 3Page 17 of 338
UNFINISHED BUSINESS
Ordinance - Amending Council Voting Districts, Based on Redistricting Plan
Mr. Serrano recused himself from the discussion of the "Ordinance - Amending
Council Voting Districts, Based on Redistricting Plan" and left the Council
Chambers for the duration of this topic.
Mr. Ferguson stated that there appear to be some inconsistences in the data used
to prepare the draft 2022 Redistricting Plan map and recommended that Council
continue this item to the November 21, 2022, Council meeting to allow time for th e
consultants and staff to verify the map.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
continue this item to the November 21, 2022, Council Meeting.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
ABSTAIN: Councilmember Serrano
Ordinance No. 4622 - Amendment to the Pasco Municipal Code Related to
Ambulance Rates
Ms. Buckley provided a brief report on the proposed amendment to the ambulance
rates in the Pasco Municipal Code.
Mayor Pro Tem Maloney asked for the overall fees the City charges and how does
they compare to neighboring cities.
Mr. Lincoln stated that this data will be available to Council by the end of the year
noting that the other jurisdictions were also interested in reviewing this data..
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to adopt Ordinance No. 4622, amending the Pasco Municipal Code
Section 3.35.010 Ambulance Utility Fees effective January 1, 2023, and, further,
publish by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Page 2 of 3Page 18 of 338
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:32 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 3 of 3Page 19 of 338
MINUTES
City Council Workshop Meeting
7:15 PM - Monday, November 14, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:32 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, Interim City Manager; Darcy Buckley, Finance
Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney;
Craig Briggs, Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community
Services Director; Ken Roske, Police Chief; Rick White, Community & Economic
Development Director; Steve Worley, Public Works Director; and Debby Barham,
City Clerk.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Campos traveled to Alaska this past week and during his travels he met an
individual who use to work for the City of Richland in the Public Works Department.
Mr. Brown stated that while unable to attend last week's Council meeting, he watched
the meeting remotely and expressed concern about the comments Mr. Cortinas, from
the Latin Business Association (LBA), made about him. Mr. Brown felt disrespected and
Mr. Cortinas' remarks were unacceptable.
Mayor Barajas, Mr. Campos, and Mayor Pro Tem Maloney reiterated that Council
stands behind Mr. Brown and appreciates the value he brings to the Council.
Page 1 of 5Page 20 of 338
ITEMS FOR DISCUSSION
Resolution - Basin Disposal Inc. 2023 Proposed Rate Increase
Mr. Worley introduced Rebecca Francik, Government Relations with Basin
Disposal Inc. (BDI) who provided a brief presentation on the proposed 2023 rate
increase for the solid waste collection, which included a recap on the service BDI
provides, how the Annual Rate Adjustment is determined and three options for
Council to consider:
1. Approve the requested 6.8% acknowledging it is over the 5% cap, while also
recognizing the 1.8% overage is a functional of inflation and BDI uses the
same CPI index year over year, or
2. Approve the 5% capped CPI ignoring the 8.5 % inflation called out in the
Consumer Price Index and begin a rate case with BDI, or
3. Invite BDI to resubmit a letter to staff explaining that the inflation exceeded
the 5% cap and will ask Council to approve the additional 1.8% to make
them whole.
Council, Ms. Francik and staff discussed the BDI rate options, as well as
qualifications for low income individuals to receive a discounted rate from BDI.
2021-2022 Biennium Financial Update - Third Quarter 2022
Ms. Buckley provided a brief report on the City's third quarter revenues and
expenses.
Mayor Pro Tem Maloney and Ms. Buckley briefly discussed the forecast of the
fourth quarter financials.
Resolution - Bid Award for Fire Station No. 85 Construction
Fire Chief Gear provided a brief overview of the proposed bid award for the
construction of Fire Station No. 85.
Mr. Serrano, Ms. Roach and Chief Gear briefly discussed the proposed project, as
well as staffing and equipment for the new fire station.
Resolution - Amendment No. 3 to Interlocal Agreement with Port of Pasco for
Argent Road Project
Mr. Worley introduced Capital Projects Manager Serra who provided a brief report
on the proposed amendment to the Port of Pasco's Interlocal Agreement for the
Argent Road project.
Ms. Roach expressed appreciation to staff for the work that has been completed
on the project to date.
Page 2 of 5Page 21 of 338
Resolution - Amendment No. 1 to Professional Services Agreement with PBS
Engineering for Broadmoor TIF Design Services
Mr. Worley introduced Capital Projects Manager Serra who provided a brief report
on the proposed amendment to the PBS Engineering PSA for the Broadmoor Tax
Increment Funding (TIF) area design services.
Ms. Roach inquired about the build out of the utilities and roadways using the TIF
and Mr. Worley explained the process is the same as as any build out of roads and
public utilities; however, the funding of the project is supported through the TIF.
Ms. Roach also asked about the build out of bike lanes and Ms. Serra stated that
the main roads such as Burns and Sanifur will have multi-modal lanes.
Mayor Pro Tem Maloney and Ms. Serra discussed the development of core roads
that will allow for continued access while development occurs.
Mr. Serrano asked about status of the commercial development in that area and
Mr. Lincoln stated with with the approval of the TIF was a positive action on the part
of the City that will be beneficial to commercial development of the Broadmoor area.
Resolution - Amendment No. 3 to Professional Services Agreement with
Carollo Engineers, Inc. for Butterfield Facility Plan
Ms. Serra provided a brief report on the proposed amendment to Carollo Engineers,
Inc. PSA for Butterfield Facility Plan.
Ms. Roach asked if the Benton Franklin Health Department (BFHD) helps monitor
the cyanotoxins and Mr. Worley stated that the BFHD assists on a regional basis
by testing the waters in the Columbia River.
Resolution - Change Order Approval for Lewis Street Overpass Project
Mr. Worley and Ms. Serra provided a brief report on the proposed Change Orders
Nos.8-11 for the Lewis Street Overpass project.
Mr. Campos, Mayor Pro Tem Maloney and Mr. Brown questioned Change Order
No. 10 and asked for further discussion on it and Ms. Serra provided an explanation
for that change order.
Mayor Pro Tem Maloney asked some additional questions regarding the project
and asked for a project update.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Lincoln announced the annual Toys for Tots Drive is running now through
December 10th. He also announced that the Downtown Master Plan open house was
scheduled on Tuesday, November 15th.
Page 3 of 5Page 22 of 338
Mr. Ratkai recapped the Veteran's Day celebration event held at the City View
Cemetery.
Mr. Campos expressed appreciation to staff for providing requested documents and for
providing brief presentations during the workshop. He stated that he plans to move
forward on the BDI rate increase of 5% and give it higher level of scrutiny next year.
Ms. Roach concurred with Mr. Campos comments regarding the BDI rates. She also
commented on the Broetje Family Trust Open House, as well as fundraiser event for
the Boys and Girls Club she recently attended.
Mr. Serrano commented on the Veterans Day celebration and thanked the veterans for
their service.
Mr. Brown clarified his comments he made earlier in the meeting.
Mr. Milne commented on Veteran's Day, stating that his daughter is currently serving in
the military. He also announced that the annual Special Olympics was scheduled for
this coming weekend.
Mayor Pro Tem Maloney commented on the multitude of Council m eetings, executive
sessions and the work going on within the City. He encouraged members of the
community to submit comments on the redistricting plan, as well as the proposed 2023-
2024 Biennial Budget.
Mayor Barajas expressed thanks to Council for each other and embracing diversity.
She commented on the open house at the Leo Center, a visit to a kindergarten class
and the Special Olympics.
Mr. Campos expressed appreciation to the audience who attends the Council meetings
faithfully.
RECESS
Mayor Barajas called a five-minute recess at 9:13 PM.
EXECUTIVE SESSION
Council adjourned into Executive Session at 9:18 PM for 15 minutes to discuss
qualifications of an applicant for public employment per RCW 42.30.110(1)(g) with
the Interim City Manager and the City Attorney.
Mr. Lincoln left the Executive Session at 9:30 PM.
Mayor Barajas called the meeting back to order at 9:34 PM.
Page 4 of 5Page 23 of 338
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:34 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 5 of 5Page 24 of 338
AGENDA REPORT
FOR: City Council November 17, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 11.21.22
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,587,824.46 ($3,902,792.39 in Check
Nos. 252027-252292; $668,409.61 in Electronic Transfer Nos. 838214-838219,
838221; $39,357.37 in Check Nos. 54170-54192; $982,771.58 in Electronic
Transfer Nos. 30182375-30182943).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $262,905.15 and, of that
amount, authorize $247,420.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 25 of 338
November 21, 2022
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 252027-252292 54170-54192
Total Check Amount $3,902,792.39 $39,357.37 Total Checks 3,942,149.76$
Electronic Transfer Numbers 838214-838219 30182375-30182943
838221
Total EFT Amount $668,409.61 $982,771.58 $0.00 $0.00 Total EFTs 1,651,181.19$
Grand Total 5,593,330.95$
Councilmember
673,013.93
24,532.66
11,481.87
760.09
2,575.24
42,141.35
17,835.45
312.00
1,284.73
3,340.40
1,161.45
392.67
12,593.25
31,023.19
146.16
112,485.30
2,898,107.67
58,601.97
4,303.54
1,697,238.03
GRAND TOTAL ALL FUNDS:5,593,330.95$
The City Council
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Adam Lincoln, Interim City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
11th day of November, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
LITTER ABATEMENT
REVOLVING ABATEMENT
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
Page 26 of 338
BAD DEBT WRITE-OFF/COLLECTION
October 1 – October 31, 2022
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under
$20 with no current forwarding address or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ .00 .00 .00
Ambulance $ 262,905.15 .00 262,905.15
Court A/R $ .00 .00 .00
Code Enforcement $ .00 247,420.00 247,420.00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 262,905.15 247,420.00 510,325.15
Page 27 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4273 - Basin Disposal Inc. 2023 Proposed Rate Increase
I. REFERENCE(S):
Draft Resolution
Solid Waste Agreement 11/16/2015
Basin Disposal Inc. Letter 7/21/2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4273, approving a rate increase for
solid waste collections and disposal services by Basin Disposal, Inc.
III. FISCAL IMPACT:
A 5% increase in Solid Waste collection and disposal rates for 2023 for all
customers within the City Service Area.
IV. HISTORY AND FACTS BRIEF:
Basin Disposal Inc. (BDI) has provided collection and disposal of the City's
residential and commercial solid waste for many years. The current agreement
with BDI, negotiated in 2015, is for a rolling 15-year term with automatic 1-year
extensions of the expiration date with each anniversary, unless notice of
termination is provided per the provisions of the agreement.
The agreement sets the terms and classes of service and provides the conditions
for rate increases, which may occur annually. Basic rate adjustments are tied to
the Consumer Price Index (CPI) (limited to 80% of any increase) while other
adjustments (i.e., tipping fees, disposal costs, etc.) due to outside vendors, may
also be requested. The agreement provides for an annual rate adjustment cap
of five percent (5%).
Page 28 of 338
V. DISCUSSION:
Based on the terms of the BDI agreement and annual increases how ar e to be
calculated and distributed across each service area (commercial, residential,
industrial), BDI proposed an overall rate increase of 6.8% is calculated, based
on the following components:
• The maximum allowable CPI adjustment of 80% of CPI, or 0.80 x
8.5%(CPI) = 6.8.% on activities other than solid waste disposal (tipping).
As noted previously, the agreement provides for annual rate adjustment cap of
5%, therefor the recommended annual rate adjustment is five percent (5%).
With the recommended rate increase of 5%, the cost for a standard residential
96-gallon container will increase from $22.49 per month to $23.61 per month.
Per the contract, BDI is the retail provider to the customer and is responsible for
notification of the proposed rate adjustment.
Council authorized a subcommittee consisting of Councilmembers Irving Brown
and Pete Serrano to review the BDI proposal in detail. Councilmember Serrano
met with staff on November 2, 2022, and discussed the proposal and found that
the recommended annual rate increase of 5% is consistent with the terms and
conditions of the agreement.
This item was discussed at the November 14, 2022, Council Workshop; and
based on Council comments, staff recommends approval of the recommended
5% annual rate increase.
Page 29 of 338
Resolution – 2023 BDI Rate Increase - 1
RESOLUTION NO. 4273
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND
DISPOSAL SERVICES BY BASIN DISPOSAL, INC.
WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a
Comprehensive Solid Waste Collection Agreement dated November 16, 2015 for the collection,
transport and disposal of all Solid Waste, Household Hazardous Waste and other authorized
materials commencing January 1, 2016; and
WHEREAS, the Agreement term is fifteen (15) years with an automatic one-year
extension on each anniversary of the date of commencement; and
WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the
annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West
Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and
WHEREAS, while the CPI adjustment at 80% results in a requested rate increase of 6.8%,
the recommended rate increase is five percent (5%) in accordance with the Annual Rate
Adjustment Cap as outlined in Section 6.3.4 of the Agreement; and
WHEREAS, pursuant to RCW 35.21.157, the Agreement requires BDI to first publish
notice by mailing to all affected ratepayers or by publishing in a newspaper of general circulation
for two (2) consecutive weeks and such notice must occur forty-five (45) days before the effective
rate increase; and
WHEREAS, the City has pursuant to this statutory requirement ensured through its current
contract with BDI, that BDI has posted notice as required by RCW 35.21.157 at least forty-five
(45) days before the proposed rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That it hereby approves the Annual Rate Adjustment of five percent (5%) in accordance
with the terms outlined in the 2015 Comprehensive Solid Waste Collection Agreement, attached
hereto as Exhibit A and the Rate Schedule with the effective dates of January 1, 2023, through
December 31, 2023, attached hereto as Exhibit B.
Page 30 of 338
Resolution – 2023 BDI Rate Increase - 2
PASSED by the City Council of the City of Pasco, Washington this 21st day of November
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 31 of 338
Resolution – 2023 BDI Rate Increase - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND
DISPOSAL SERVICES BY BASIN DISPOSAL, INC.
WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a
Comprehensive Solid Waste Collection Agreement dated November 16, 2015 for the collection,
transport and disposal of all Solid Waste, Household Hazardous Waste and other authorized
materials commencing January 1, 2016; and
WHEREAS, the Agreement term is fifteen (15) years with an automatic one-year
extension on each anniversary of the date of commencement; and
WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the
annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West
Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and
WHEREAS, while the CPI adjustment at 80% results in a requested rate increase of 6.8%,
the recommended rate increase is five percent (5%) in accordance with the Annual Rate
Adjustment Cap as outlined in Section 6.3.4 of the Agreement; and
WHEREAS, pursuant to RCW 35.21.157, the Agreement requires BDI to first publish
notice by mailing to all affected ratepayers or by publishing in a newspaper of general circulation
for two (2) consecutive weeks and such notice must occur forty-five (45) days before the effective
rate increase; and
WHEREAS, the City has pursuant to this statutory requirement ensured through its current
contract with BDI, that BDI has posted notice as required by RCW 35.21.157 at least forty-five
(45) days before the proposed rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That it hereby approves the Annual Rate Adjustment of five percent (5%) in accordance
with the terms outlined in the 2015 Comprehensive Solid Waste Collection Agreement, attached
hereto as Exhibit A and the Rate Schedule with the effective dates of January 1, 2023, through
December 31, 2023, attached hereto as Exhibit B.
Page 32 of 338
Resolution – 2023 BDI Rate Increase - 2
PASSED by the City Council of the City of Pasco, Washington this ____ day of November
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 33 of 338
COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
City of Pasco
and
Basin Disposal,Inc.
November 16, 2015
EXHIBIT A
Page 34 of 338
Table of Contents
RECITALS,AGREEMENT,DEFINITIONS ...............................................................
...
..1
AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT ..............1
TERM;AUTOMATIC EXTENSIONS ......................................................................
......
..1
3.1.
3.2.Automatic Extensions ...............................................................
.......................
..
SCOPE OF WORK .................................................................
..........................................
..2
4.1.General Terms and Conditions ...................................................................
.....
..2
4.2.City Service Area ..........................................................
...................................
..2
4.3.Sole and Exclusive Solid Waste Service Provider ...2
4.4.Annexation ..............................................................
.........................................
..3
4.5.Unsafe Conditions at Pick-Up Locations ...........................................................4
4.6.Hours/Days of Operation .............................................................
....................
..4
4.7.Employee Conduct ..................................................................
.........................
..4
4.8.Disabled Persons Service.......5
4.9.Holiday Schedules ..................................................................
.........................
..5
4.10.Inclement Weather and Other Service Disruptions ...........................................5
4.11.Suspending Collection from Problem Customers ..............................................5
4.12.Missed Collections ..................................................................
.........................
..6
4.13.Schedule of Solid Waste Collection ..............
4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and
Equipment ...............................................
4.15.Residential Carts and Containers Inventory ......................................................7
4.16.Ownership of Equipment .........................................................................
........
..7
4.17.Spillage .................................................................
...........................................
..7
4.18.Disruption Due to Construction ..................................................................
.....
..7
4.19.Site Planning Assistance ............................8
4.20.Safeguarding Public and Private Property .........................................................8
4.21.Company Name ..........................................................
.....................................
..8
4.22.Coordination between City and Contractor .......................................................8
4.23.Disposal Restrictions and Requirements ...........................................................9
4.24.Disposal Site for Solid Waste .................9
4.25.Adjustment of Service Level for Certain Customers .........................................9
Comprehensive Solid Waste Collection Agreement
Page ii
Page 35 of 338
4.26.Violation of Ordinance ..............................................................
......................
..9
4.27.Public Information ..................................................................
.........................
..9
4.28.Compaction of Solid Waste ......................................................................
.....
..l0
SOLID WASTE SERVICE ....................................................................
........................
..10
5.1 .Residential Service ..................................................................
.......................
..10
5.1 .1.Residential Customer Solid Waste Service ......................................................10
5.1.2.Residential Carts ....................................................................
........................
..10
5.1.3.Senior,Low Income Discount .....1l
5.1.4.Household Hazardous Waste Program ............................................................13
5 .2.Commercial Service ..............................................................................
.........
..13
5.2.1.Commercial Customer Solid Waste Service ....................................................13
5.2.2.Commercial Containers ..........................................................................
.......
..14
5.2.2.1 Container Types ....................................................................
.........................
..14
5.2.2.2.General Terms and Conditions Applicable to Commercial Containers ...........14
5.2.2.3.Additional Fees .....................................................................
........
......15
5.2.2.4.Customer-Owned Drop-Box Containers ..........................................................15
5.3.Temporary Solid Waste Service Plans .............................................................16
5.4.Solid Waste Service to City Properties and Facilities .....................................16
5.5.Recyclable Materials and Green Waste ...........................................................17
5.6.Miscellaneous Solid Waste Services ...............................................................17
5.7.Customer Service 18
5.7.1.Customer Service Of?ce .........................................18
5.7.2.Complaints .........................................................................
............................
..18
5.7.3.Emergency Contact ...............................................................................
.........
..19
5.8.Reports ............................................................................
...............................
..l9
COMPENSATION ............................................................................
.............................
..19
6.1.Basis for Determination of Solid Waste Service Rates ...................................l9
6.2.Compensation for Solid Waste Services .................19
6.3.Adjustment to Solid Waste Service Rates .......................................................20
6.3.1.Annual Rate Adjustment .............................................................
...................
..20
6.3.2.Adjustments to Tipping Fees and Disposal Fees .............................................20
6.3.3.Fuel Expense Adjustments ...........................................................
..................
..21
6.3.4.Annual Rate Adjustment Cap ....................................................................
....
..21
6.3.5.Solid Waste Disposal Cost Adjustment ...........................................................22
Comprehensive Solid Waste Collection Agreement
Page iii
Page 36 of 338
10.
6.3.6.Tax Additive .....................................................
............
.....22
6.3.7.Other Modi?cations ...........................................
...........................................
.
..
6.3.8.Changes in Impositions or Other Laws .........................................
.................
..23
6.3 .9.Termination by Contractor .......................................
......................................
..23
6.4.Billing for Solid Waste Services;Delinquent Accounts ..................................23
6.5.Delinquent Accounts and other Customer Defaults.......
PERFORMANCE FEES,DEFAULT AND REMEDIES ..........................................
....
..
7.1.Performance Fees ............................................
............................................
...
..24
7.2.Default and Remedies ..........................................
..........................................
..25
NOTICES .............................................
.............................................
..............................
..25
INSURANCE AND BOND REQUIREMENTS..26
9.1.General Insurance Requirement .........................................
............................
..26
9.2.Minimum Scope of Insurance ..........................................
..............................
..26
9.3.Minimum Amounts of Insurance ........................................
...........................
..26
9.4.Deductibles and Self-Insured Retentions ........................................
...............
..27
9.5.Other Insurance Provisions .............................
9.6.Acceptability of Insurers ..............................................
..................................
..
9.7.Verification of Coverage ........................................
........................................
..27
9.8.Subcontractors..........................................
..........................................
............
..27
9.9.Performance Bond/Surety..
GENERAL TERMS ........................................................
..........
..
10.1.Indemni?cation..............................................
..............................................
..
..
10.1.1.Indemnify and Hold Harmless ..........................................
.............................
..28
10.1.2.Notice to Contractor;Defense ..........................................
.............................
..28
10.1.3.Industrial Insurance Immunity Waiver
10.2.Transfer of the Contract .........................................
.............................
..
10.2.1.Assignments,Subcontracts and Delegations ......................................
...........
..29
10.2.2.Changes in Control ............................................
............................................
..29
10.3.Legal ..........................................
..........................................
..........................
..30
10.3.1 Laws to GovemNenue
10.3.2 Attorney Fees ..........................................
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..30
10.3.3 Arbitration ............................................
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..30
10.4.Compliance With Laws ...............................................
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..30
10.5.Non-Discrimination...........................................
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.
..30
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10.6.
10.7.
10.8.
10.9.
10.10.
10.10.]
10.10.2
10.11.
10.12.
10.13.
Permits and Licenses..............................31
Relationship of Parties ........................31
Bankruptcy .......................................................................................
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..31
Right to Renegotiate or Amend ..................................................................
...
..31
Force Majeure ....................................................................................
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,.32
Force Majeure Events ............................................................................
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..31
Force Majeure Occurrences of Non-Default ....................................................32
Illegal Provisions/Severability ........................................................
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..32
....32
Entirety ...........................................................................................
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..33
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COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
This Comprehensive Solid Waste Collection Agreement (“Agreement”)is made and
entered into this 16 day of November,2015 (“Effective Date”),by and between the City of
Pasco,a Washington municipal corporation (the “City”),and Basin Disposal,Inc.,a Washington
corporation (“Contractor”).
RECITALS
A.Contractor desires to provide,and has the experience,resources and expertise
necessary,to perform solid waste collection services.
B.Contractor currently provides solid waste collection service to the City under an
agreement executed on March 15,1993 (as amended,the “Original Agreement”),which will
expire not sooner than December 31,2022.
C.The City and Contractor desire to amend and replace the Original Agreement in
its entirety to recognize,among other things,the extensive,on-going capital investment made
by Contractor to achieve and pass on to customers the cost savings from the ef?ciencies
gained thereby.
NOW,THEREFORE,in consideration of the mutual covenants,agreements and
promises herein contained,the City and Contractor do hereby agree as follows:
AGREEMENT
1.DEFINITIONS
Capitalized terms used in this Agreement shall have the meanings given them in
Exhibit A.
2.AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT
Effective as of the Commencement Date,the Original Agreement is hereby amended
and replaced in its entirety by this Agreement.
3.TERM;AUTOMATIC EXTENSIONS
3.1.Term
The initial term of this Agreement (“Term”)shall be for fifteen (15)years,
commencing on January 1,2016 (the “Commencement Date”),and expiring on the day
before the sixteenth (16th)armiversary of the Commencement Date (the “Expiration
Date”).
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3.2.Automatic Extensions
On each anniversary of the Commencement Date,the Expiration Date shall
automatically be extended by one (1)year unless either party has given ninety (90)
days written notice of termination to the other party,in which case the Agreement shall
terminate on the Expiration Date in effect as of the date of such written notice of
termination.
SCOPE OF WORK
4.1.General Terms and Conditions
Contractor shall collect,transport and dispose of all Solid Waste,Household
Hazardous Waste and any other materials herein authorized,from each and every
Customer within the Service Area pursuant to the tenns and conditions of this
Agreement.
4.2.City Service Area
Contractor shall provide all of the services described in this Agreement to the entire
City Service Area.
4.3.Sole and Exclusive Solid Waste Service Provider
During the Term of this Agreement,Contractor shall be the sole and exclusive provider
to manage,collect,transport and dispose of Solid Waste and Household Hazardous
Waste,and,as applicable,to manage,collect,transport and process Recyclable Materials
and Green Waste subject to a separate collection service requested by the City or the
jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting
such authority to the WUTC,all as more particularly described in Section 5.5.herein,and
any other materials authorized for collection pursuant hereto,within the City Service
Area.When requested by Contractor,the City shall seek to enforce the rights the City
has granted to Contractor hereunder;however,the City shall not be obligated to instigate
litigation to protect the right of Contractor.Contractor may independently enforce its
rights under this Agreement against third party violators,including but not limited to
seeking injunctive relief,and the City shall use good faith efforts to cooperate in such
enforcement actions brought by Contractor (without obligating the City to join any such
litigation).Such efforts may include but not be limited to cease and desist letters,
assistance with documenting violations and other activities.Notwithstanding the
foregoing,the City shall enforce its municipal code in the ordinary course against any
third parties providing unauthorized Solid Waste service.
Any material discarded by a Customer for which it pays to collect,process and/or dispose
of the material shall constitute “Solid Waste”subject to all terms and conditions of this
Agreement.This Agreement will not apply to Solid Waste,Recyclable Materials,Green
Waste,Household Hazardous Waste and Agricultural Processed Waste self—hauledby the
generator,or Green Waste generated and hauled by private landscaping services.
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4.4.Annexation
If additional territory is added to the City through annexation or other means,
Contractor shall make collections in such annexed areas in accordance with the
provisions of this Agreement at the unit prices set forth in this Agreement,provided
however,the remaining Term of this Agreement shall not be less than ??een (15)years
from the effective date of such annexation.If the City has given Contractor a notice of
termination of this Agreement prior to such annexation,the annexed area shall not be
added to this Agreement except with the written consent of Contractor,which may be
withheld at the sole discretion of Contractor.If the armexed area is added to this
Agreement,the parties shall execute an amendment to this Agreement consistent with
the provisions of this section,including the replacement of Exhibit B depicting the City
Service Area.If Contractor possesses a WUTC certi?cate or other franchise for Solid
Waste collection in the annexed area at the time of annexation,the amendment of this
Agreement to add the annexation area to the City Service Area shall be in lieu of the
grant of a franchise pursuant to RCW 3513280 or RCW 35.A.l4.900,as applicable,
and Contractor shall waive and release its right to claim any damages or compensation
from the City arising out of the cancellation of any pre-existing permit,certi?cate or
franchise held by Contractor prior to annexation,and ?rrther speci?cally waives the
right to receive any additional compensation or any rights of collection in the newly-
annexed territory beyond what is provided herein.Subject to the provisions hereof,
Contractor acknowledges that its certi?cate applicable to those future armexation areas
shall be cancelled effective the date of annexation by the City.
If a party other than Contractor holds the WUTC certi?cate for any such future
annexed territory,the City shall work with such party in good faith using commercially
reasonable efforts to provide for the timely termination of such party's right to provide
Solid Waste collection service to the subject armexation area.Upon termination of
such party’s right to provide Solid Waste service to said annexation area,the parties
shall cause the subject annexation area to be added to the City Service Area as
provided above and subject to the terms and conditions of this Agreement.The City
will indemnify,hold harmless and defend Contractor from any and all claims,actions,
suits,liabilities,losses,costs,expenses and damages,including costs and attorney fees,
asserted by such parties providing solid waste collection service arising from
Contractor’s service in such armexed territory pursuant to this Agreement.
The City acknowledges that Contractor shall require a reasonable amount of time to
secure the necessary equipment,including but not limited to vehicles,Residential Carts
and Containers,to service the annexed area,and shall not penalize Contractor for
reasonable delays in the provision of services to annexed areas covered by this
Agreement due to procurement delays that are not within the commercially reasonable
control of Contractor.Customers within the annexed area shall receive the Residential
Carts and Containers described herein in accordance with the provisions of this
Agreement.In the event that an annexed area is being serviced with Residential Carts
and Containers different from the City’s program,Contractor shall be responsible for
timely Customer notification and removal of the existing Residential Carts and
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Containers and delivery of appropriate Residential Carts and Containers within a
reasonable time.
4.5.Unsafe Conditions at Pick—UpLocations
If,in Contractor’s commercially reasonable discretion,a Customer is located in an area
that does not permit safe access,turn—aroundor clearance for Contractor’s vehicles,
Contractor shall provide Solid Waste service to such Customer provided the Customer
sets out its materials adjacent to the nearest Public Street or Private Road allowing such
safe access and Contractor is provided with reasonable advance notice of such location.
Contractor shall use commercially reasonable efforts to work with such Customer to
determine a safe location in compliance with applicable law.If Contractor in its
commercially reasonable discretion determines that a Private Road cannot be safely
negotiated or that providing drive-in service for Residential Customers shall be
impractical due to distance or unsafe conditions,Contractor and the City shall evaluate
the on-site conditions and make a determination of the best approach for providing Solid
Waste service to the affected Residential Customers.Contractor and the City shall
present feasible service options to the Customers concerning the nearest safe and
mutually convenient pick-up location.If Contractor believes that its vehicles shall cause
damage to a Private Road in the ordinary course of operation,Contractor may withhold
Solid Waste service from the respective Customers until such Customers provide a
damage waiver agreement to Contractor.
4.6.Hours/Days of Operation
Contractor shall make Solid Waste collections from Single-Family Residences,Multi-
Family Complexes and Mixed-Use Buildings on Monday through Friday between the
hours of 7:00 a.m.and 6:00 pm.,provided,however,that the City may authorize from
time to time temporary extensions or written exemptions of the collection period to
accommodate the special needs of Customers,provided further however,that Contractor
may conduct from time to time Solid Waste collections on Saturdays to the extent
necessary to make up missed collections.Contractor shall make Solid Waste collections
from non-Residential Commercial Customers on Monday through Friday between the
hours of 5:00 a.m.and 6:00 p.m.provided;however,the City shall have the authority to
notify the Contractor of which Commercial areas are located near Residential zoned
areas,and shall be subject to the Residential collection hours.
4.7.Employee Conduct
Contractor shall require its employees at all times on routes to be courteous,refrain from
making loud,inappropriate or obscene language,exercise due care,perfomi their work
ef?ciently and expeditiously,and avoid damage to public or private property.Contractor
shall further require its employees to use only that portion of private property reasonably
necessary to complete their duties,and to the extent reasonably possible,stay within
regular pedestrian walkways and paths and avoid crossing ?ower beds and hedges,
Contractor’s employees shall wear reasonably clean and presentable clothing while on
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their routes.If the City gives written notice to Contractor of any employee of Contractor
failing to comply with the above requirements,Contractor shall use commercially
reasonable efforts to remedy the issue as soon as possible,including temporarily or
pennanently removing such employee from all further performance of the work described
in this Agreement.
4.8.Disabled Persons Service
Contractor shall provide,at no additional expense,carry-out service of Solid Waste to
those Residential Customers that suffer from a documented disability that prevents them
from placing a Residential Cart at the Curb.The Residential Customer shall provide
Contractor with veri?able information and complete the appropriate documentation prior
to such service being provided.Contractor’s criteria for carry-out service shall comply
with all local,state and federal regulations,and shall be subject to the City’s review and
approval prior to program implementation.
4.9.Holiday Schedules
Contractor shall provide regular Residential and Commercial collection services on all
weekdays,Monday through Friday inclusive,regardless of any holidays that may be
observed.Drop—BoxContainer collection service shall not be performed on New Year’s
Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving Day and Christmas.
4.10.Inclement Weather and Other Service Disruptions
If,in Contractor’s commercially reasonable discretion,weather or other route conditions
pose a danger to the public,Contractor’s employees or equipment,Contractor shall
provide Solid Waste service only to those portions of the City Service Area that do not
pose such a danger.Contractor shall provide the City within a reasonable time after such
event Contractor’s plans to make up missed Solid Waste collections.Unless the City
gives Contractor written notice of the City’s objections to such plans,Contractor may
perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays
following disruptions in order to make up missed collections.
4.11.Suspending Collection from Problem Customers
The City and Contractor acknowledge that,from time to time,some Customers may
cause disruptions or conflicts that make continued service to that Customer unreasonable.
Those disruptions or con?icts may include,but not be limited to,repeated damage to
Residential Carts or Containers,repeated refusal to position Residential Carts or
Containers properly,repeated suspect claims of timely set-out followed by demands for
return collection at no charge,and repeated claims of damage to the Customer’s property.
Contractor shall make every reasonable effort to provide service to those problem
Customers.However,Contractor may deny or discontinue service to a problem
Customer if reasonable efforts to accommodate the Customer and to provide services fail.
If the Customer submits a written letter to the City appealing Contractor’s decision,the
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City may,in its sole discretion,intervene and attempt to mediate a resolution in the
dispute.The City may also require the denial or discontinuance of service to any
Customer who is abusing the service or is determined to be ineligible.
4.12.Missed Collections
If Contractor fails to collect Solid Waste from a Customer without permissible excuse
therefore,Contractor shall provide such service to the Customer within a reasonable time,
but in no event later than 6:00 P.M.of the business day following Contractor’s receipt of
noti?cation of the missed pick—up.Contractor shall maintain a record of all missed
collections reported by Customers (whether reported by telephone or e—mail)and
Contractor’s corrective action.If a Residential Cart or Container is set out
inappropriately,improperly prepared or contaminated with unacceptable Solid Waste,
Biomedical Waste or Hazardous Waste,Contractor shall not be obligated to collect the
materials from such Residential Cart or Container.Contractor shall place a noti?cation
tag on such Residential Cart or Container that identi?es the speci?c reason for not
collecting the Solid Waste,and maintain a record of such missed collections.If
Contractor is requested by the Customer to make a return trip due to no fault of
Contractor,Contractor shall be permitted to charge the Customer an additional fee for
this service at the rate speci?ed in the rate schedule attached hereto as Exhibit C (“Rate
Schedule”).
4.13.Schedule of Solid Waste Collection
Contractor shall perform Solid Waste services for each respective Residential Customer
pursuant to a regmlar schedule on the same day and as close to a consistent time as
possible;Contractor may vary,in its discretion,the collection routes and schedules for
Commercial Customers.Contractor shall provide dispatch service and equipment
capability to collect full Drop-Box Containers no later than the second (2nd)business day
after the Customer’s request.Contractor shall indicate,on a detailed map acceptable to
the City,the day of the week Solid Waste shall be collected from each Residential
Customer.Contractor may change the day of collection from time to time by giving the
City and the affected Residential Customers at least ?fteen (15)days prior written notice
of the different collection date.
4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and
Equipment
Contractor shall cause each of its vehicles to display the vehicle’s inventory number and
customer service telephone number in lettering not less than four (4)inches high and
clearly visible from a minimum distance of twenty (20)feet,together with appropriate
safety markings,including all highway lighting,?ashing and warning lights,clearance
lights,and warning ?ags in accordance with applicable laws.Contractor shall equip each
route,service and supervisory vehicle with properly licensed two-way communication
equipment capable of communication throughout the entire City Service Area with a base
station maintained by Contractor.In addition,Contraction shall cause all vehicles to
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carry regularly-maintained and fully—functionalspill kits,including absorbent pads or
granules,containment booms,storm drain covers,sweepers and other similar materials
suf?cient to contain,control and,for minor events,appropriately clean-up spillage or
release of wind-blown materials,litter,or leaks of ?uids or leachate from the vehicle.
Spill kits shall also include Contractor’s spill response procedure,which procedure shall
be developed as provided in Section 4.17.
Contractor shall cause all vehicles and equipment to be maintained in good operating
condition at all times.In addition,Contractor shall maintain its vehicles to ensure that no
liquid wastes (such as Solid Waste leachate)or oils (lubricating,hydraulic or fuel)to be
discharged from the vehicles except to appropriate facilities.Contractor shall regularly
clean and wash thoroughly all vehicles used in the collection of Solid Waste.Contractor
shall cause its vehicles to be repainted from time to time as needed to maintain a clean
and professional appearance.
4.15.ResidentialCarts and Containers Inventory
Contractor shall procure and maintain a suf?cient quantity of Residential Carts and
Containers to service the City’s Customer base,including for seasonal and economic
variations in the demand for Residential Carts and Containers.
4.16.Ownership of Equipment
All vehicles,facilities and property used in performance of work under this Agreement
shall be owned or leased by Contractor.The City shall have no obligation to provide
equipment,facilities or personnel in connection with Contractor’s duties hereunder.
4.17.Spillage
Contractor shall cause any blowing or spillage of Solid Waste,or leachate from
Contractor’s vehicles,to be cleaned up immediately by Contractor’s employees.For any
spill of leachate requiring more equipment or treatment other than the spill kits carried on
a collection vehicle,Contractor shall promptly notify the City of such event.Contractor
shall develop and submit to the City for its review a spill response procedure,and shall
incorporate any commercially reasonable comments that the City provides.The spill
response procedure shall include a list of emergency contacts,which shall be reviewed
annually and updated as necessary.
4.18.Disruption Due to Construction
If a Public Street is under construction such that the work interferes with Contractor’s
services,Contractor shall use commercially reasonable efforts to account for such
interruption to permit the prudent and safe collection of Solid Waste from affected
Customers.
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4.19.Site Planning Assistance
The City shall,as part of its permitting process,cause written notice to be given to
Contractor of any development permit application containing plans for the construction
of a new or substantially remodeled building or other permanent structure,where
commercial container service is contemplated for solid waste,so that Contractor may
provide,but has no obligation to do so,written comments concerning Contractor’s ability
to access Containers and provide safe and efficient collection services to such property.
Upon request and at standard rates determined from time to time by Contractor,
Contractor shall provide site planning assistance to property owners or their
representatives.The site plarming assistance shall be available for all new construction or
remodeling of buildings and structures within the City Service Area,and shall address the
design and planning of Solid Waste removal areas and their location upon the site.
Contractor shall provide its assistance for optimizing loading docks,enclosures,
compactor equipment and other similar structures or areas,provided however,that such
site planning consultation service shall be made without warranty and without liability of
any sort,and Contractor may require a commercially reasonable waiver to such effect
prior to giving such site planning assistance.
4.20.Safeguarding Public and Private Property
Contractor shall use commercially reasonable efforts to avoid causing damage to any
public and private improvements,facilities and utilities whether located on public or
private property.If such improvements,facilities,utilities or Curbs me damaged and
such damage is due to the negligence or intentional misconduct of Contractor,Contractor
shall notify the City immediately in writing of such damage.If such damage is of a type
not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated
by Contractor,Contractor shall either repair such damage,if practicable,or reimburse the
City for the reasonable cost of repairing such damage,which cost shall be the cost of
restoring such property to the condition immediately prior to such damage.
4.21.Company Name
Contractor shall not use a trade name containing any words that implies Contractor is
operated or owned by the City.
4.22.Coordination between City and Contractor
Within a sixty (60)days time after receipt of written request of either party,the other
party shall meet at the City’s offices to resolve any operational issues with Contractor’s
services.Contractor shall provide the City with access to Contractor’s route and
Customer service data,billing information,safety records,equipment,facilities and other
applicable items,and the City shall provide Contractor with access to the City’s records
applicable to the issue.
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4.23.Disposal Restrictions and Requirements
Except as expressly provided herein,Contractor shall not knowingly or negligently
collect,transport or dispose of Hazardous Waste or Biomedical Waste,and shall have no
responsibility for such waste.Contractor shall not be required to collect Hazardous
Waste,Biomedical Waste or any other materials that are either restricted from disposal or
would pose a danger to Contractor’s collection crews.If materials are rejected for this
reason,Contractor shall leave a written notice with the rejected materials listing why they
were not collected and providing the Customer with a contact for further information
about proper disposal options.The Customer shall remain responsible for all costs
associated with handling and disposal of such materials inadvertently collected by
Contractor.
4.24.Disposal Site for Solid Waste
Contractor shall deliver all Solid Waste to an appropriate disposal site operated by
Contractor or such other disposal site or sites that satisfy applicable state regulations.
Contractor shall provide the City with a list of the disposal sites being used by
Contractor.
4.25.Adjustment of Service Level for Certain Customers
If Contractor in its commercially reasonable discretion determines that a Residential
Customer is generating quantities or types of Solid Waste different from a typical
Residential Customer,Contractor shall notify City of the same.Within thirty (30)days
of Contractor’s notice,City shall determine if the Residential Customer maintains a
commercial enterprise from the Residence,for example by determining if a business
license has been issued declaring the business address to be same as the Residence,and
should be served by a commercial Solid Waste service plan.If City determines that the
customer is operating as a commercial enterprise,said Residential Customer’s service
shall be revised to the appropriate commercial service most closely approximating the
service required by the affected Customer,as determined by Contractor.
4.26.Violation of Ordinance
Contractor shall promptly give written notice to the City of any observed violations of the
City’s ordinances concerning the containerization,collection,transport and disposal of
Solid Waste.
4.27.Public Information
The City may develop,at its expense,public outreach and education programs
concerning the reduction of Solid Waste,the recycling of Recyclable Materials,any other
programs concerning Solid Waste service within the City Service Area,including the
mandatory Solid Waste collection requirements for all Customers in the City Service
Area.Contractor shall cooperate in good faith with the City to design and distribute
promotional materials to Customers throughout the City Service Area.
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4.28.Compaction of Solid Waste
If any Commercial Customer should deposit into its Container a substantial amount of
compacted Solid Waste,or any other Solid Waste that has been subjected to a process
modifying its composition or nature resulting in the reduction of its volume because of an
increase in density,Contractor may assess against such Commercial Customer an
additional charge equal to the difference in compacted and uncompacted Solid Waste
service rates set forth in the Rate Schedule.
SOLID WASTE SERVICE
5.1.Residential Service
5.1.1.Residential Customer Solid Waste Service
Contractor shall collect,transport and dispose of Solid Waste from all Residential
Customers within the City Service Area,provided that the Solid Waste is properly
contained in Residential Carts supplied by Contractor and set out for collection at
the Curb on or abutting Public Streets or Private Roads,together with any
additional Solid Waste contained in appropriate bins,bags,cans or other
receptacles that could not be placed in the Residential Carts.In addition,
Contractor shall collect an unlimited number of Solid Waste Units that are
properly set out by a Residential Customer adjacent to its Residential Cart.
Contractor’s collection of Solid Waste placed outside of the Residential Cart shall
be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each Unit of Solid Waste not provided in this manner for
collection shall be subject to a special pickup charge as provided in the Rate
Schedule.Contractor shall also dispose of passenger vehicles tires,but not truck
or tractor tires,from Residential Customers.If,in Contractor’s commercially
reasonable discretion,Contractor determines that a Residential Customer is
disposing of passenger vehicle tires in excess of four (4)per year,Contractor may
assess the affected Residential Customer a charge for tire disposal in accordance
with the rate set forth in the Rate Schedule.
5.1.2.Residential Carts
Contractor shall provide each Residential Customer within seven (7)business
days of the Customer’s request with a 96-gallon Residential Cart,provided
however,that qualifying Residential Customers may request the use of a 64-
gallon Residential Cart as described in Section 5.1.3.Residential Carts shall be
rodent and insect proof,and equipped with functional wheels or rollers.
Contractor shall maintain all Residential Carts in good condition without any
jagged edges or holes.If Contractor’s employees note any damaged hinges,
holes,poorly functioning wheels or other conditions requiring repair,Contractor
shall repair,at its sole cost,such condition without need of request from the
Customer.Contractor shall repair the Residential Cart within seven (7)business
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days of request or notice of a condition requiring repair,or provide a temporary
Residential Cart as necessary.Contractor shall replace,at its sole cost,any
Residential Cart that is damaged or missing on account of accident,act of nature
or the elements,?re,or theft or vandalism by other members of the public within
three (3)business days.Contractor may provide replacement Residential Carts
that are new or used and reconditioned,provided such Residential Carts are clean
and presentable.Contractor shall collect and dispose of damaged and unusable
Residential Carts.I?in Contractor’s commercially reasonable discretion,
Contractor has to replace or repair a damaged Residential Cart as a result of
excess wear and tear or otherwise the result of the negligence or intentional
misconduct by the Residential Customer,Contractor may charge the Residential
Customer a replacement fee for such Residential Cart at the rate set forth in the
Rate Schedule.Residential Customers shall be responsible for the cleaning of
their Residential Carts.
Residential Carts placed for collection shall not weigh in excess of one hundred-
twenty (120)pounds for the 64-gallon Residential Cart or one hundred-eighty
(180)pounds for the 96—gallonResidential Cart.
5.1.3.Senior,Low Income Discount
Contractor shall provide Solid Waste service to those Residential Customers
qualifying for the senior,low income discount rate set forth in the Rate Schedule
upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2,
except that such qualifying Customers shall be provided with one 64—gallon
Residential Cart,and such Residential Customers shall be limited only to the use
of such Residential Cart for the disposal of Solid Waste.Each Unit of Solid
Waste not placed within such Residential Cart for collection shall be subject to
additional pickup charges at the rate set forth in the Rate Schedule.If a senior,
low income Residential Customer sets out more Solid Waste than may be
contained in a 64 gallon Residential Cart on two or more occasions in any
calendar year,Contractor may at any time thereafter cause such Residential
Customer to change to the Unlimited Residential Customer service plan at the
applicable service rate set forth in the Rate Schedule.
Prior to Contractor providing such discounted service,the City shall give written
notice to Contractor that the senior,low income Residential Customer has
certi?ed each of the following conditions to the City,and that the City has
verified to the extent reasonably possible,as being true and correct:
(i)The Residential Customer is a single occupant of or the head of a
household all of whose members have combined armual income from all
sources that is not greater than the United States Federal Poverty Level.
Such poverty level shall be determined by the “Very Low Income Limits”
and updated annually by the City;and
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(ii)The Residential Customer must be the customer of the solid waste service
and must be directly responsible for the payment of the solid waste bill;
and
(iii)The Residential Customer is the fee simple owner,or the primary tenant
named on the lease,of a Single Family Residence and has resided at such
location for a period of not less than ninety (90)consecutive days and
must intend to remain at such place;and
(iv)The Residential Customer is at least sixty—two(62)years of age or older;
and
(V)The Residential Customer shall state on oath that the one (1)64 gallon
Residential Cart shall be adequate to meet the requirements of the
Residential Customer without creating a public nuisance or a public health
hazard;and
(vi)The City may require the person demonstrating satisfactory proof for a
house hold that quali?es for the rates set forth in this section to make an
updated application at any time.“Head of the household”means the
person owning or having control of the dwelling unit.In the case of a
husband and wife,either person shall be considered the “head of the
household”;and
(vii)The Residential Customer has ?led the appropriate application under oath
with the City that the Residential Customer shall inform the City in
writing if there is any change in the household’s status as it relates to the
requirements set forth in (i)—(vii)above,and acknowledges the City may
require a.n updated application at any time.
The City shall,from time to time but not more than once per month,provide
Contractor with a list of the Residential Customers that have satis?ed the above
conditions and quali?ed for the applicable discount rate,which discount rate shall
go into effect for the subject Residential Customers not later than thirty (30)days
after the date of such written notice from the City.
Contractor may terminate such discounted service if and when Contractor or the
City has a reasonable belief that such Residential Customer no longer quali?es for
such discounted service.The City upon its own volition,or within thirty (30)
days of receipt of Contractor’s written notice,shall use reasonable due diligence
to determine if such Residential Customer continues to qualify for such
discounted service.If the qualifying Residential Customer loses such status,
Contractor shall provide written notice to the Residential Customer and the
service rate for Unlimited Residential Service shall be assessed for the first Solid
Waste service occurring a?er the date of such written notice.
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5.2.
5.1.4.Household Hazardous Waste Program
Contractor shall accept Household Hazardous Waste from Customers residing in
Residences within the City Service Area whose accounts with Contractor are in
good standing.Contractor shall comply with all applicable State of Washington
statutes and regulations including,but not necessarily limited to,Department of
Ecology guidelines and permit requirements.At least once per week on a day
approved by the City for a minimum of eight (8)consecutive hours,Contractor
shall accept without charge Household Hazardous Waste at a facility properly
licensed and approved by the City to receive such materials.Contractor may also
accept,but has no obligation to do so,other hazardous waste from any other
person or Customer,provided that such additional service complies with all
applicable laws and contractual obligations of Contractor,and upon such terms
and conditions and service rates acceptable to Contractor.Contractor shall
transport and dispose of all collected Household Hazardous Waste to an
appropriate disposal site.Contractor shall regularly publish brochures concerning
the Household Hazardous Waste program,including the location of the facility
and the hours of service.
The parties hereto acknowledge that the Household Hazardous Waste program is
conditioned upon and subject to the continuing effectiveness of that certain
agreement by and among Contractor,the City and Franklin County,pursuant to
which Franklin County has delegated to Contractor the county’s duties under
Washington state law to implement and administer a Household Hazardous Waste
program.Contractor shall cause the cost of such program to be included in the
service rates set forth in the Rate Schedule in full compensation of such services.
If and when such agreement or Contractor’s obligation thereunder has been
terminated,the Household Hazardous Waste program made part of this
Agreement shall also be automatically terminated.In such event,the portions of
this Agreement authorizing and requiring Contractor to collect Household
Hazardous Waste shall be deemed terminated without further action required of
any party,and Household Hazardous Waste shall be deemed to be unacceptable
waste for collection.On the next Annual Adjustment Date following the date on
which Contractor is no longer required to collect such waste,Contractor shall
equitably adjust its service charges for each level of Solid Waste service.
Commercial Service
5.2.1.Commercial Customer Solid Waste Service
Contractor shall collect Solid Waste from all Commercial Customers within the
City Service Area,provided that the Solid Waste is properly contained within
Containers supplied by Contractor.
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5.2.2.Commercial Containers
5.2.2.1 Container Types
Contractor shall provide to each Commercial Customer,and each
Commercial Customer may select,the following types of Containers:
1.5-,2-,3-,4-,6-or 8-cubic yard Detachable Container;11-,20-,30-or
40-cubic yard Drop-Box Container;a 96—gallonor 64-gallon wheeled
cart similar to the respective Residential Carts.Contractor may from
time to time provide additional or remove existing Container service
options,provided however,that Contractor shall provide at least thirty
(30)days prior written notice to affected Commercial Customers with
service plans for Containers that are being discontinued.Detachable
Containers shall be watertight and equipped with tight-fitting metal or
plastic covers,which covers shall be closed by Contractor after every
collection service,and may be equipped with four (4)wheels for those
Containers with volumes of 4-cubic yards or less.Drop-Box Containers
shall be constructed of metal,and if requested by a Customer,equipped
with a tight-?tting screened or solid cover operated by a winch system.
Detachable Containers up to 8-cubic yards shall not weigh in excess of
one thousand two hundred (1,200)pounds,and Drop-Box Containers
shall not weigh in excess of twenty thousand (20,000)pounds.
Commercial carts shall not weigh in excess of one hundred twenty (120)
pounds for the 64-gallon commercial cart or one hundred—eighty(180)
pounds for the 96-gallon commercial cart.
5.2.2.2.General Terms and Conditions Applicable to Commercial
Containers
Contractor shall furnish each Commercial Customer with the appropriate
Container within seven (7)business days of the Customer’s request.
Contractor shall deliver and place the Container on the Customer’s
property in a location determined by the Customer,provided such
location is reasonably acceptable to Contractor for the safe and efficient
collection thereof.Contractor shall maintain all Containers in good
condition without any leaks,jagged edges or holes.If Contractor’s
employees note any damage to a Container requiring repair,Contractor
shall repair,at its sole cost,the damage without need of request from the
Customer.Contractor shall repair the Container within seven (7)
business days of request or notice of a condition requiring repair,or
provide a temporary Container as necessary.Contractor shall replace,at
its sole cost,any Container that is damaged or missing on account of
accident,act of nature or the elements,?re,or theft or vandalism by
other members of the public within there (3)business days.Contractor
may provide Customers with either a new or used and reconditioned
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replacement Containers,provided such Containers are clean and
presentable.Contractor shall collect and dispose of damaged and
unusable Containers.If,in Contractor’s commercially reasonable
discretion,Contractor must replace or repair a damaged Container as a
result of excess wear and tear or otherwise the result of the negligence or
intentional misconduct by the Commercial Customer,Contractor may
charge the Customer a replacement fee for such Container.Not more
often than once per year,Contractor shall clean without additional cost,
said cost being included in the respective service plan,each Customer’s
Container.In addition,Contractor shall also replace a Container within
three (3)business days of request by the City if the City determines that
the Container fails to comply with reasonable health and safety
standards,provided however,that Contractor shall assess the Customer a
cleaning fee at the rate set forth in the Rate Schedule.
5.2.2.3.Additional Fees
Contractor shall not charge Commercial Customers an initial delivery
fee for a Container,except in the case of temporary Container service or
a Container redelivered to a Customer restarting service after having
service suspended with its Container removed because of non-payment
of invoices.Contractor shall charge a rollout fee in ten (10)foot
increments for Containers that must be rolled by Contractor more than
twenty (20)feet to reach the collection vehicle at its nearest point of
access.Gate and/or disconnect charges shall be assessed as set forth in
the Rate Schedule when Contractor must open,unlock,or close a gate in
order to service a Container.Contractor may assess additional charges
for excess materials loaded so as to lift,as applicable for such
Commercial Customer,the Detachable Container lid or Drop-Box
Container lid more than six (6)inches from the normally closed position.
Commercial Customers may request extra collections of Detachable
Containers in addition to the regular service,which additional service
shall be subject to an additional charge equal to the proportional amount
(e.g.one pick-up per week rate divided by 433 weeks per month)of
their regular monthly rate for that service.Extra collections of Drop-
Box Containers shall be provided at the regular rate set forth in the Rate
Schedule.
5.2.2.4.Customer-Owned Drop-Box Containers
Notwithstanding anything to the contrary in Section 5.2.2.1 above,
Contractor may service compactor Drop-Box Containers owned by
Commercial Customers at the special collection rates set forth in the
Rate Schedule.Contractor shall have no obligation to maintain,repair
or clean a compactor Drop-Box Container owned by a Commercial
Customer,and shall have no liability to such Customers for damage
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caused to such compactor Drop-Box Containers except in the event of
gross negligence or intentional misconduct by Contractor.If,in the
commercially reasonable discretion of Contractor,a Customer—owned
compactor Drop-Box Container is not safe,Contractor may elect not to
provide service until such compactor Drop-Box Container is made safe
for usage and transport.
5.3.Temporary Solid Waste Service Plans
Upon request of any Customer,Contractor shall provide on a temporary basis the
Container requested by said Customer at the rate set forth in the Rate Schedule for such
temporary service.The temporary service rate shall apply for all service requests that do
not exceed ninety (90)consecutive days.If the Customer requires a Container for a
longer period of time,Contractor may require the Customer to select the appropriate
Commercial service plan set forth in the Rate Schedule for the requested Container.If the
temporary service plan is in addition to a regular service plan in effect for the Customer,
Contractor shall be authorized to bill the Customer for both service plans.Contractor
may require the Customer to make a security deposit in advance of a temporary service
plan at the rate set forth in the Rate Schedule.
5.4.Solid Waste Service to City Properties and Facilities
Contractor shall provide the City with Solid Waste service from all City locations for
which the City desires service pursuant to the City’s service plan set forth in the Rate
Schedule.The City may modify the locations for which the City desires service by
providing Contractor with ten (10)days prior written notice,in which case,Contractor
shall adjust,if applicable,the fee payable by the City pursuant to the Rate Schedule
Exhibit C).As part of the City’s service plan,Contractor shall also provide ,without
direct cost to the City,Solid Waste service as defined in Exhibit “E”of up to 1,500 tons
(Base Tonnage)of Solid Waste gathered by the City from alley clean-ups,street
sweeping and sewer debris,and deposited in specially designated Drop-Box Containers
supplied by Contractor.The Solid Waste service shall be increased in increments of 250
tons of Solid Waste every ?ve years based on the City’s solid waste need over the Base
Tonnage.The Solid Waste service increase will be based on the following calculations:
(a)Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid
Waste tonnage from city owned properties with direct cost to the City,(b)if the Net Solid
Waste tonnage from city owned properties with direct cost is less than 250 tons,then no
change is required,and (c)if the Net Solid Waste tonnage from city owned properties
with direct cost is greater than 250 tons,then an increase will be required.
If the Net Solid Waste is greater than 250 tons,then the Net Solid Waste plus the Base
Tonnage will equal the new Total Solid Waste service for the next five years.Based upon
a change in the Total Solid Waste,the Contractor shall be able to adjust Solid Waste
service rates consistent with section 6.3.7.
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Contractor will send a quarterly accounting of the remaining balance of the total Solid
Waste service to be provided to the City without direct cost.The accounting period for
this Solid Waste service will begin on January l and end on December 31 of each
contract period.
5.5.Recyclable Materials and Green Waste
If,during the Term of this Agreement,the City elects to provide additional services
related to Curbside recycling of Recyclable Materials and/or Green Waste from
Residences consistent with revisions to and updating of the Franklin County
Comprehensive Solid Waste Management Plan,the City may request that Contractor
collect,transport,process and recycle Recyclable Materials from all Customers residing
in Residences located within the City Service Area.Within ninety (90)days of receipt of
such notice,Contractor shall provide the City with a written proposal of the service rates,
planned service routes and schedules for Customers residing in Residences and,if also
requested by the City,all other Customers,proposed Recycling Carts and Recycling
Containers,commodities that will qualify as Recyclable Materials based on current
market conditions,estimated interval to secure necessary equipment and facilities,and
any other pertinent terms and conditions of such service.Contractor shall remit all
proceeds from the sale of collected Recyclable Materials pursuant to the recycling
program to the City.If Contractor’s proposal is acceptable to the City,the City shall give
written notice (Exercise Date)to Contractor to commence providing such service within
the City Service Area on the date set forth in the City’s notice that is consistent with
Contractor’s proposal.Upon receipt of the City’s notice,the parties shall cooperate in
good faith to develop and distribute materials and information to Customers within the
City Service Area concerning the addition of the recycling and/or green service.
If the City declines to require a separate Recyclable Materials and/or Green Waste
service governed by this Agreement,the City shall permit,at Contractor’s written
request,the Washington Utilities and Transportation Commission (“WUTC”)to assume
jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans,which
will be implemented and operated by Contractor.
5.6.Miscellaneous Solid Waste Services
Contractor shall also provide the following special services:
(i)With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed—UseBuildings and Multi—FamilyComplexes
within the City Service Area,Contractor shall provide a special Solid Waste
service at the rate set forth in the Rate Schedule for Units of Solid Waste that
exceed the limitations set forth in the definition of “Solid Waste Units,”which
service shall be provided within ?ve (5)business days of the Customer’s request.
(ii)With respect to qualifying Customers,Contractor shall administer and provide
Solid Waste service as provided under and pursuant to Pasco City Code Section
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(iii)
(iv)
5.7.
6.04.240,“Special Collection and Residential Coupon,”for so long as said
program is in effect under the Pasco City Code.
With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed—UseBuildings and Multi—Fa1nilyComplexes
within the City Service Area,Contractor shall collect and dispose of refrigeration
and cooling devices common to households,such as refrigerators and air-
conditioning units,at the rates set forth in the Rate Schedule,provided however,
that the Residential Customer shall either request Contractor to purge and dispose
of the cooling substance as required by applicable law or provide Contractor with
a certi?cate reasonably satisfactory to Contractor from a quali?ed contractor
stating that the same has been completed prior to collection and disposal of such
item.
With respect to all Customers within the Service Area (except as otherwise
provided in Section 5.1.1),Contractor shall collect,transport,and dispose of tires
from passenger vehicles and trucks at the rate set forth in the Rate Schedule.
Customer Service
5.7.1.Customer Service Office
Contractor shall maintain a Customer service of?ce within the City Service Area
with a local telephone number or toll free phone number where Contractor may be
contacted by Customers during the hours of 8:00 a.m.to 5:00 p.m.Monday
through Friday,except for the holidays recognized by the State of Washington.
Contractor shall provide customer service functions relating to service delivery,
potential service options,service rates,receiving and resolving customer
complaints,dispatching temporary Containers and special collections,and
resolving billing questions.
5.7.2.Complaints
Contractor shall give prompt and courteous attention to all Customer complaints
received by Contractor.Contractor shall promptly investigate any complaint of a
missed collection,and if veri?ed,shall arrange for collection as provided in this
Agreement.Contractor shall maintain a record of actions taken on all material
and legitimate complaints that could not be resolved during the initial
communication with the Customer,regardless of how the complaint was received,
including date,time,Customer’s name and address (if the Customer is willing to
give this information),method of transmittal,and nature,date and manner of
resolution of the complaint in a computerized daily log.Contractor shall make a
conscientious effort to resolve all complaints promptly but otherwise within one
(1)business day of the original call or e-mail.The computerized daily log shall
be available for inspection by the City,or its designated representatives,during
Contractor’s of?ce hours,and shall be in a format reasonably acceptable to the
City.
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5.7.3.Emergency Contact
Contractor shall provide the City with the name and Contact information in the
event of an emergency requiring contact with Contractor outside of normal of?ce
hours.Contractor shall cause such representative to be available at said
emergency telephone number during all hours other than normal of?ce hours.
5.8.Reports
In addition to any report required by law,Contractor shall maintain records of the number
of loads of Solid Waste collected and transported within the City Service Area and the
approximate total tonnage of Solid Waste and any other material herein authorized hauled
by Contractor to Contractor’s disposal site.Contractor shall make such records available
to the City upon request.Subsequent to April 15 of each calendar year,and following at
least two (2)months prior written notice,Contractor shall provide to the City a pro?t/loss
?nancial statement for the preceding calendar year together with a pro-fonna ?nancial
statement for the ensuing calendar year.The City shall be permitted to review but not
make copies of the ?nancial statements.Upon the City’s request,Contractor shall make
available the same ?nancial statements to an accounting ?rm selected by the City and
reasonably acceptable to Contractor,provided,however,that the accounting ?rm
provides Contractor with a commercially acceptable form of con?dentiality agreement.
Contractor shall bear all reasonable costs of such accounting ?rm.
COMPENSATION
6.1.Basis for Determination of Solid Waste Service Rates
The parties expressly intend that the rates and charges established by this Agreement are
designed to capture all legitimate operating and capital costs incurred by Contractor and
to provide a fair rate of return on Contractor’s investment in providing all services
included under this Agreement as may be measured by extemal methodologies such as
the Washington Utilities and Transportation Commission’s “Lurito-Gallagher”
ratemaking methodology,or other such standards that will enable Contractor to establish
fair,just,reasonable and suf?cient overall rates in order to allow Contractor to innovate,
invest and continue to provide service types and levels responsive to the City’s
reasonable requirements hereunder.
6.2.Compensation for Solid Waste Services
Contractor may collect from each and every Customer within the City Service Area the
appropriate charge for the Solid Waste service plan selected by such Customer,together
with any additional charges,fees and expenses that may be incurred or requested by such
Customer,at the rates set forth in the Rate Schedule.Contractor shall act in good faith to
coordinate with Customers to minimize the charges assessed to Customers.
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6.3.Adjustment to Solid Waste Service Rates
6.3.1.Annual Rate Adjustment
Contractor’s service charges,excluding fuel expenses,for each level of Solid
Waste service shall increase once every year in an amount not to exceed eighty
percent (80%)of the annual percentage increase in the Consumer Price Index —
All Urban Consumers;West Region,Size B/C,standard reference base period
1982-84 =100,hereinafter referred to as the “Adjustment Index,”as determined
in this section.Adjustments to Contractor’s service charges shall be made in units
of one cent ($0.01).Fractions less than one cent ($0.01)shall not be considered
when making adjustments.
Rates shall be adjusted annually,beginning January 1,2016 (the “Adjustment
Date”).Contractor shall submit to the City for review and approval a “Rate
Adjustment Statement”showing the calculations of new service rates for the
following year,including a calculation of the percentage change in the
Adjustment Index for the most recent twelve (12)month period ending the June
prior to the Adjustment Date.Contractor’s calculations shall be provided to the
City annually no later than October 1“and the City shall have ninety (90)days to
con?rm Contractor’s rate modi?cation calculations.Upon receipt of the City’s
approval,which shall not be unreasonably withheld or delayed,the new rates shall
take effect on January 15‘of the subsequent year.
6.3.2.Adjustments to Tipping Fees and Disposal Fees
A tipping disposal or acceptance fee charged for Solid Waste shall be the
?nancial responsibility of Contractor,provided however,Contractor may
incorporate such disposal,tipping or acceptance fees as part of the service rates
set forth in the Rate Schedule.In the event of an adjustment in tipping fees or
disposal fees paid by Contractor,Contractor shall adjust the tipping fee and
disposal fee component of the Solid Waste service rates for each level of service
to re?ect such adjustment.Contractor shall provide the City with notice of any
tipping fee or disposal fee adjustment promptly upon knowledge thereof by
Contractor.Contractor shall provide to the City evidence supporting the
requested change in service fees as a result of an adjustment to tipping fees and
disposal fees at least forty-?ve (45)days prior to date requested by Contractor for
such adjustment to go into effect,which in any event shall not be earlier than the
date of the adjustment to the tipping fee or disposal fee.Upon receipt of the
City’s con?rmation that the calculations are correct,the new Solid Waste service
rates for each level of service shall take effect on the date requested by
Contractor.Contractor shall include a notice in the next invoice issued to the
Customers describing the increase in the service rates pursuant to this section.
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6.3.3.Fuel Expense Adjustments
Contractor may also assess to all Customers a “Fuel Surcharge,”provided the
surcharge is determined and used in accordance with the provisions hereinafter set
forth.The Fuel Surcharge shall be implemented and charged by Contractor in the
instance that the resulting calculation equals 0.5%or more as described below.
The following de?nitions apply to the use and application of the Fuel Surcharge:
0 Base Fuel Expense:the proportion of approved rates attributable to gross fuel
expense,hereby ?xed at 5.87%.
0 Base Fuel Price:the average cost of diesel fuel used at the time of the 2016
rate authorization,hereby ?xed at $3.79.
0 Current Fuel Price:the per gallon price for retail sales of “West Coast Number
2 Diesel Ultra-Low Sulfur”(0-15 PPM)for the most recent full month
reported in the “Monthly Diesel Prices —Ultra-Low”index published by the
Energy Information Administration of the US Government or the DGE index.
0 Fuel Surcharge:the product of multiplying the base fuel expense by the
percentage change between the base fuel price and current fuel price [e.g.
$3.79*(current price/$3.79)].
The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from
the Current Fuel Price and converting the difference to a percentage of the Base
Fuel Price;that percentage shall then be multiplied by the Base Fuel Expense and
the resulting product shall constitute the Fuel Surcharge.Contractor shall submit
to the City a Fuel Surcharge calculation worksheet by the 15th day of the month
immediately preceding the months of August,October,December,February,
April and June.The Fuel Surcharge shall be deemed approved and authorized
unless written objection from the City to the Contractor’s mathematical
calculations is received by Contractor within seven (7)days of the City’s receipt
of the worksheet.In such case,the parties shall meet within ?ve (5)business
days and work in good faith to resolve any alleged errors in such mathematical
calculations.A Fuel Surcharge shall commence only on the ?rst of each of the
calendar months named herein above,and shall continue in effect for a two-month
period,after which time a new Fuel Surcharge,if applicable,shall go into effect
pursuant to the provisions hereof.Contractor shall incorporate such Fuel
Surcharge in the Customers’invoices in a timely manner.
6.3.4.Annual Rate Adjustment Cap
The Annual Rate Adjustment Cap is met when the cumulative rate increases of
6.3.](Annual Rate Adjustment),6.3.2 (Adjustments to Tipping Fees and Disposal
Fees),6.3.3 (Fuel Expense Adjustment),and 6.3.5 (Solid Waste Disposal Cost
Adjustment,if applicable)meet or exceed ?ve percent (5%)as de?ned by the
Consumer Price Index in the United States Department of Labor--All Urban
Consumers;West Region,Size B/C,standard reference base period 1982-84 =
100 (Adjustment Index).
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If the Annual Rate Adjustment Cap is met,the Contractor may either limit all rate
increases (sections 6.3.1,6.3.2,6.3.3,and 6.3.5)at the Annual Rate Adjustment
Cap or proceed as outlined in section 6.3.7.The Contractor will notify the City
within 45 days that the Annual Rate Adjustment Cap has been reached.The
Annual Rate Adjustment Cap will be reset on January 15‘of every year as per
section 6.3.1.
6.3.5.Solid Waste Disposal Cost Adjustment
Contractor may also adjust service rates for all levels of service based upon the
change in the annual disposal cost of Solid Waste collected by Contractor
(“WACOD Adjustment”).Commencing with the second full twelve month
Adjustment Period after any “Exercise Date”pursuant to Section 5.5,and for each
Adjustment Period thereafter (each,a “Comparison Period”),the Contractor shall
determine the change in the annual disposal cost of Solid Waste collected by
Contractor during such Comparison Period as compared to the first full twelve
month Adjustment Period after the Exercise Date (“Base Period”).If the of Solid
Waste collected for such Comparison Period has changed by more than ?ve
percent (5%)from the Base Period,Contractor shall prepare a WACOD
Adjustment calculation worksheet (“WACOD Adjustment Statement”)that
calculates the WACOD Adjustment to the service rates pursuant to the formula
set forth in Exhibit D.The WACOD Adjustment of the service rates shall be
adjusted concurrently with armual adjustments to service rates pursuant to Section
6.3.1,with the first month of January two years after the Exercise Date being the
?rst potential date for an adjustment pursuant to this section.Concurrently with
the Statement provided to the City pursuant to Section 6.2.1,the Contractor shall
submit to the City for review and approval the WACOD Adjustment Statement
calculating the adjustment to new rates for the next year,which statement shall
show the calculations required in this Section.The City shall have sixty (60)days
to con?rm the Contractor’s WACOD Adjustment to the service rates.Upon
receipt of the City’s approval of the WACOD Adjustment Statement,which shall
not be unreasonably withheld or delayed,the WACOD Adjustment to the service
rates shall take effect on January 15‘of the subsequent year.
6.3.6.Tax Additive
The State Refuse Collection Tax (currently at 3.6%)and any applicable City
Taxes shall be added to the rates speci?ed for each class of service and may be
identi?ed separately and as additive to said rate on each billing service.
6.3.7.Other Modi?cations
Contractor may apply to the City for rate adjustments that result from increases in
the cost of operations arising during the Term of the Agreement.Contractor shall
submit a written request to adjust the rates not more than ninety (90)days and not
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less than sixty (60)days prior to the proposed effective date of the requested
change.The City shall promptly consider such proposed rate change with
consideration of historical and industry-wide pro?t levels and rate making
methodologies utilized by the Washington State Utilities and Transportation
Commission.
6.3.8.Changes in Impositions or Other Laws
If the City,county,state or federal authorities impose new taxes,fees or
surcharges or change the rates of existing taxes,fees or surcharges after the
Commencement Date,or there are other changes in federal,state or local laws or
regulations,and the impact of these changes results in increased or decreased
Contractor costs,Contractor and City shall enter into good faith negotiations to
determine whether compensation adjustments are appropriate and if so,to
determine the amount and the method of adjustment.If the City requires review
of Contractor’s financial or other proprietary information in conducting its rate
review,at the request of Contractor,the City shall retain a third party to review
such information at Contractor’s expense,provided however,that Contractor may
require such third party to execute a commercially reasonable con?dentiality
agreement.Any such additional ?nancial review costs shall be considered
allowable business expenses for future rates adjustment purposes.
6.3.9.Termination by Contractor
If Contractor requests a rate adjustment pursuant to this Section 6 and the City
fails to consent to such request for any reason within four (4)months of the date
of Contractor’s written request,Contractor may terminate this Agreement by
giving written notice of termination to the City not less than four (4)months and
not more than eight (8)months after the date of Contractor’s written request for
such rate adjustment.This Agreement shall terminate on the date set forth in
Contractor’s written notice of termination,which in no event shall be less than six
(6)months from the date of Contractor’s written notice of termination.
6.4.Billing for Solid Waste Services;Delinquent Accounts
Contractor shall invoice,and shall be responsible for collecting,to and from each and
every Customer within the City Service Area for the Solid Waste service plan selected by
the Customer.Contractor shall cause each bill to include the following information:(i)
Customer name;(ii)Contractor’s Customer account information;(iii)service address;
(iv)service commencement and termination dates,as applicable;(V)billing period,(vi)
date of the bill;(vii)Customer’s service plan;(viii)date payment is due;(ix)date
payment is delinquent;(x)charges for the Customer service plan;and (xi)additional
charges,if any.Contractor shall bear the risk of collection.It is the intent of the parties
that all issues relating to service and rates under this Agreement should be the
responsibility of the Customer,Contractor and the City,and no third party shall have
standing to request,speak or represent issues of service in the City Service Area except
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for the direct Customer,Contractor or the City.
Notwithstanding the foregoing,the City reserves the right as provided in Pasco City Code
Section 6.04.310 to assume the obligation of billing Customers within the City Service
Area for Solid Waste services provided by Contractor hereunder.If the City elects to
provide such service,the City shall give Contractor six (6)months prior written notice.
The parties shall negotiate in good faith the terms and conditions of the transfer of such
service to the City,including without limitation,the City assuming the risk of collecting
payments.
6.5.Delinquent Accounts and Other Customer Defaults
Contractor shall have any and all remedies provided under Pasco Municipal Code
Chapter 6.04 and,as applicable,Washington law and regulations,with respect to
delinquent accounts and other defaults by Customers,including without limitation,
refusing or terminating Solid Waste service,but excluding those remedies in the City’s
code expressly reserved to the City.The City shall assume no responsibility for the
collection of any amount due by a Customer,provided however,that the City shall
cooperate in good faith with Contractor in the enforcement of Contract0r’s rights and
remedies to collect any delinquent accounts or cure defaults as may be provided under
Pasco Municipal Code Chapter 6.04.Contractor shall provide the City on a monthly
basis a report of all service terminations during the previous month.
PERFORMANCE FEES,DEFAULT AND REMEDIES
7.1.Performance Fees
In the event that Contractor fails to meet any performance obligation set forth in this
Agreement,the City shall give written notice to Contractor regarding such failure,in
which case Contractor shall promptly take such corrective action to remedy the issue
raised in the City’s written notice.In addition,City reserves the right to impose the
following fines if Contractor fails to meet certain obligations as provided in this
Agreement.
ACTION OR OMISSION AMOUNT
Collection before or after the times Fi?y Dollars ($50)per truck route (each
speci?ed in this Agreement,except as truck on each route is a separate incident).
expressly permitted by the City.
Failure to collect missed materials within Fifty Dollars ($50)per incident to a
one (1)business day after receipt of maximum of Five Hundred Dollars
notice.($500)per truck per day.
The performance fees schedule set forth here shall not affect the City’s ability to
terminate this Agreement as provided in Section 7.2,provided however,the City
acknowledges that the performance fees described in this section are an adequate remedy
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for the above named defaults,and the City may not terminate this Agreement for any of
the defaults described in this section unless Contractor has incurred performance fees in
excess of $25,000.00 each month for at least three (3)consecutive calendar months.
Contractor shall pay such performance fees within thirty (30)days of demand therefore
from the City.The City shall provide Contractor with reasonably acceptable
documentation supporting such performance fees together with the City’s demand
therefore.Contractor may appeal any performance fees imposed under this section to the
City Manager of the City of Pasco,to whom Contractor shall be allowed to present
evidence as to why the amount of performance fees should be lessened or eliminated.
7.2.Default and Remedies
If Contractor abandons or materially breaches its obligations hereunder or fails to fully
and promptly comply with all of its provisions or fails to give reason satisfactory to the
City for noncompliance,the City may then declare Contractor to be in default of this
Agreement and notify Contractor of such default and shall provide Contractor with thirty
(30)days to cure such default.If Contractor fails to cure such default in a timely marmer,
the City may thereafter give notice of termination to Contractor and its surety.Upon
receipt of any such notice,this Agreement shall terminate.
NOTICES
Any notice required or permitted to be given under this Agreement shall be in writing and
may be given by personal delivery,by certi?ed mail,or by air courier,and if given
personally or by mail,shall be deemed suf?ciently given if addressed to the City or to
Contractor at the following address:
The City:City of Pasco
P.O.Box 293
525 N.Third Ave.
Pasco,WA 9930
Attn:City Manager
To Contractor:Basin Disposal,Inc.
2021 North Commercial Avenue
P.O.Box 3850
Pasco,WA 99302-3850
Attn:Darrick Dietrich
Mailed notices shall be deemed given on the ?fth (5th)business day following deposit in
the United States mail,certi?ed postage prepaid.Notices delivered personally or by air
courier shall be deemed given upon receipt.Either party may by written notice to the
other specify a different address for notice purposes.
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INSURANCE AND BOND REQUIREMENTS
9.1.General Insurance Requirement
Contractor shall procure and maintain,at its sole expense,insurance against claims for
injuries to persons or damage to property that may arise from or in connection with the
performance of the services provided under this Agreement by Contractor,its agents,
representatives,employees or subcontractors,as provided in this Section 9.Contractor’s
maintenance of insurance as required by the Agreement shall not be construed to limit the
liability of Contractor to the coverage provided by such insurance,or otherwise limit the
City’s recourse to any remedy available at law or in equity.
9.2.Minimum Scope of Insurance
Contractor shall obtain insurance that meets or exceeds the following requirements:
(i)Automobile Liability insurance covering all owned,non-owned,hired,and leased
vehicles.The policy shall be endorsed to provide contractual liability coverage.
The City shall be named as an additional insured under Contractor’s Automobile
Liability insurance policy with respect to the work performed for the City.
(ii)Commercial General Liability insurance covering liability arising from premises,
operations,independent contractors,products-completed operations,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 ll 85,or its equivalent.
There shall be no endorsement or modi?cation of the Commercial General
Liability insurance for liability arising from explosion,collapse or underground
property damage.The City shall be named as an additional insured under
Contractor’s Commercial General Liability insurance policy with respect to the
work performed for the City.
(iii)Workers’Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
(iv)Hazardous Waste Hauling.To the Automobile Liability Minimum Scope of
Insurance,Pollution Liability coverage at least as broad as that provided under
ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 and the Motor Carrier Act Endorsement (MCS 90)shall be attached.
9.3.Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
(i)Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $2,000,000 per accident.
(ii)Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence,$2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
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9.4.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions in excess of $50,000 must be declared to and
approved by the City,which approval shall not be unreasonably withheld.In the event
the deductibles or self-insured retentions are not acceptable to the City,the City reserves
the right to negotiate with Contractor for changes in coverage deductibles or self-insured
retentions;or alternatively,require Contractor to provide evidence of other security
guaranteeing payment of losses and related investigations,claim administration and
defense expenses.
9.5.Other Insurance Provisions
The insurance policies shall contain,or be endorsed to contain,the following provisions
for Automobile Liability and Commercial General Liability:
(i)Contractor’s insurance coverage shall be the primary insurance with respect to the
City,its of?cials,employees and agents.Any insurance,self-insurance,or
insurance pool coverage maintained by the City shall be in excess of Contractor’s
insurance and shall not contribute with it.
(ii)Coverage shall state that Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,except with respect to the
limits of the insurer’s liability.
(iii)Contractor’s insurance shall be endorsed to state that coverage shall not be
cancelled unless the City is given prior written notice as provided under RCW
48.18.290.
9.6.Acceptability of Insurers
Contractor shall secure insurance policies from insurers with a current A.M.Best rating
of not less than A:VII.
9.7.Veri?cation of Coverage
Contractor shall fumish the City with original certi?cates including,but not necessarily
limited to,the additional insured endorsements,evidencing the insurance policies
required pursuant to this Article 9 prior to the Commencement Date.
9.8.Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certi?cates and endorsements for each subcontractor before commencement of
the work.All coverages for subcontractors shall be subject to the same insurance
requirements as stated herein for Contractor.
9.9.Performance Bond/Surety
Contractor shall provide and maintain at all times a valid Contractor’s Performance and
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10.
Payment Bond or bonds,letter of credit or other similar instrument acceptable to and
approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00).The bond,letter of credit or other similar instrument shall be
issued for a period of not less than one year,and Contractor shall provide a new bond,
letter of credit or similar instrument,and evidence satisfactory to the City of its
renewability,not less than sixty (60)days prior to the expiration of the bond,letter of
credit or other similar instrument then in effect.The City shall have the right to call the
bond,letter of credit or other similar instrument in full in the event its renewal is not
con?rmed at least ?ve (5)days before its expiration.
GENERAL TERMS
10.1.Indemnification
10.1.1.Indemnify and Hold Harmless
Contractor shall indemnify,hold harmless and defend the City,its elected
officials,officers,employees,agents and representatives,from and against any
and all claims,actions,suits,liabilities,losses,costs,expenses,and damages of
any nature whatsoever,including costs and attorney’s fees in defense thereof,or
injuries,sickness or death to persons,or damage to property,which is caused by
or arises out of Contractor’s exercise of duties,rights and privileges granted by
the Agreement,provided,however,that Contractor’s obligation to indemnify,
defend and hold harmless for injuries,sickness,death or damage caused by or
resulting from concurrent willful or negligent acts or actions of Contractor and the
City shall apply only to the extent of Contractor’s negligence.
10.1.2.Notice to Contractor;Defense
In the event an action is brought against the City for which indenmity may be
sought against Contractor,the City shall promptly notify Contractor in writing.
Contractor shall have the right to assume the investigation and defense,including
the employment of counsel and the payment of all expenses.On demand of the
City,Contractor shall at its own cost and expense defend,and provide quali?ed
attorneys reasonably acceptable to the City to defend,the City,its of?cers,
employees,agents and servants.The City shall fully cooperate with Contractor in
its defense of the City,including consenting to all reasonable affirmative defenses
and counterclaims asserted on behalf of the City.The City may employ separate
counsel and participate in the investigation and defense,but the City shall pay the
fees and costs of that counsel unless Contractor has agreed otherwise.Contractor
shall control the defense of claims (including the assertion of counterclaims)
against which it is providing indemnity under this section,and if the City employs
separate counsel the City shall assert all defenses and counterclaims reasonably
available to it.
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10.2.
10.1.3.Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless,indemnify and defend provided
for herein,as they solely relate to claims against the City,its elected of?cials,
officers,employees,agents and representatives,Contractor agrees to waive
Contractor’s immunity under industrial insurance,Title 51 RCW,for any injury,
sickness or death suffered by Contractor’s employees that is caused by or arises
out of Contractor’s negligent exercise of rights or privileges granted by the
Agreement.
Transfer of the Contract
10.2.1.Assignments,Subcontracts and Delegations
Contractor shall not assign or subcontract any of the work or delegate any of its
duties under this Agreement without the prior written approval of the City and
submittal of proof of insurance coverage.When requested,approval by the City
of a subcontract or assignment shall not be unreasonably withheld.In the event of
an assignment,subcontracting or delegation of duties,Contractor shall remain
responsible for the full and faithful performance of this Agreement and the
assignee,subcontractor,or other obligor shall also become responsible to the City
for the satisfactory performance of the work assumed.The City may condition
approval upon the delivery by the assignee,subcontractor or other obligor of its
covenant to the City to fully and faithfully complete the work or responsibility
undertaken.In addition,the assignee,subcontractor or obligor shall sign a
separate statement agreeing to abide by all terms and conditions of this
Agreement.
10.2.2.Changes in Control
If Contractor is a corporation,limited liability company or limited liability
partnership,then any transfer of this Agreement by merger or consolidation,or
any change in the ownership o?or power to vote,the majority or controlling
interest of its outstanding voting stock,membership interest,or limited
partnership interests,or in the controlling interest at any tier in the ownership
structure of Contractor,or change of the manager or general partner for LLCS and
LPs,respectively,shall constitute an assignment for the purpose of this section.If
Contractor is a partnership,then any transfer of any partnership interest shall
constitute an assignment for the purpose of this section.Any transfer of this
Agreement by (i)merger or consolidation,(ii)any change in the ownership of,or
power to vote,the majority or controlling interest of its outstanding voting stock,
membership interest or limited partnership interest,as applicable,(iii)any entity
succeeding in the business and assets of Contractor,(iv)any transfer to an entity
that controls or is under common control with Contractor,or (V)any transfer to a
subsidiary or af?liate shall not be considered an assignment requiring the City’s
consent,provided however,that in each case described above such entity has
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equal or greater ?nancial net worth than Contractor on the date of transfer,such
entity remains in the control of Darrick Dietrich,the transferee assumes all
obligations under this Agreement and that written noti?cation of the transfer,
including a copy of the transfer documentation,is provided to the City at least
?fteen (15)days prior to the transfer.For purposes of this section,the term
“control”shall mean ownership of more than 50%of the outstanding voting
stock,membership interest or partnership interest.
10.3.Legal
10.3.1.Laws to Govern/Venue
This Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance.Venue shall be in Superior Court in the State of
Washington for Franklin County.
10.3.2.Attorney Fees
The Contractor agrees to pay reasonable attorney fees in the event the City is
required to retain an attorney to enforce the Contractor’s obligations here under.
10.3.3.Arbitration
Any disputes in the ?rst instance shall be directed to the Director of Community
Development for resolution.All unresolved disputes with respect to the handling
of complaints under this agreement shall be submitted to the City Manager for
?nal resolution.
10.4.Compliance With Laws
Contractor shall comply with all applicable federal,state,county,and local laws,statutes,
rules,regulations or ordinances,including without limitation,all health and
environmental regulations and standards applying to the collection,transport and disposal
of Solid Waste.Contractor shall also comply with all applicable requirements of the
Federal Occupational Safety and Health Act of 1970 (OSHA),the Washington Industrial
Safety and Health Act of 1973 (WISHA),and the standards and regulations issued
pursuant to these statutes from time-to-time.
10.5.Non-Discrimination
Contractor shall not discriminate against any employee or applicant for employment
because of age,race,religion,creed,color,sex,marital status,sexual orientation,political
ideology,ancestry,national origin,or the presence of any sensory,mental or physical
handicap,unless based upon a bona ?de occupational quali?cation.Contractor
understands and acknowledges that if it violates this non-discrimination provision and
fails to cure such violation to the satisfaction of the EEOC or state agency having
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jurisdiction,including without limitation,compliance with all terms and conditions set
forth in a settlement agreement,this Agreement may be tenninated by the City with thirty
(30)days prior written notice.
10.6.Permits and Licenses
Contractor shall secure all necessary business permits and licenses necessary to provide
the Solid Waste services described herein.Contractor shall duly pay all applicable taxes,
fees and charges incurred,including,but not limited to,license fees and all federal,state,
regional,county and local taxes and fees,including income taxes,property taxes,permit
fees,operating fees,business and occupation taxes,workers’compensation and
unemployment bene?ts,surcharges of any kind that apply to any and all persons,
facilities,property,income,equipment,materials,supplies or activities related to
Contractor’s services provided under the Agreement.
10.7.Relationship of Parties
The City and Contractor expressly acknowledge that the relationship between Contractor
and the City shall at all times be as an independent contractor of the City.No agent,
employee,servant or representative of Contractor shall be deemed to be an employee,
agent,servant or representative of the City.
10.8.Bankruptcy
If (i)Contractor makes any general arrangement or assignment for the bene?t of
creditors;(ii)Contractor becomes a “debtor”as de?ned in 11 U.S.C.§101 or any
successor statute (unless,in the case of a petition ?led against Contractor,the same is
dismissed within ninety (90)days);or (iii)the appointment of a trustee or receiver to take
possession of substantially all of Contractor’s assets,where possession is not restored to
Contractor within ninety (90)days,the City may terminate this Agreement upon giving
Contractor written notice thereof.In the event that any provision of this section is
contrary to any applicable law,such provision shall be of no force or effect.
10.9.Right to Renegotiate or Amend
The City shall retain the right to renegotiate this Agreement or negotiate an amendment
based on subsequent changes in and to federal,state,county or city laws,regulations or
policies that materially modify the terms and conditions of this Agreement,provided
however,that the City may not modify the Rate Schedule or the terms by which service
rates are determined.This Agreement may be amended,altered or modi?ed only by a
written amendment,alteration or modi?cation,executed by authorized representatives of
the City and Contractor.
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10.10.Force Majeure
10.10.1 Force Majeure Events
If any Force Majeure event occurs that is not in the direct control of Contractor
and which results in a detrimental effect or a material hardship to Contractor in
the performance of this Agreement,Contractor may request to make an
adjustments to one or more of the Solid Waste service rates or other fees included
in the Rate Schedule by providing written notice to the City together with an
explanation of the need for such rate adjustments arising from such Force Majeure
event.Contractor shall submit such written request not more than ninety (90)
days and not less than sixty (60)days prior to the proposed effective date of the
requested service rate change,and the City shall promptly consider such proposed
rate change.If the City requires review of Contractor’s ?nancial or other
proprietary information in conducting its rate review,at the request of Contractor,
the City shall retain a third party to review such information at Contractor’s
expense,provided however,that Contractor may require such third party to
execute a commercially reasonable con?dentiality agreement.Any such
additional ?nancial review costs shall be considered allowable business expenses
for future rates adjustment purposes.
10.10.2 Force Majeure Occurrences of Non—Default
Contractor shall not be deemed to be in default and shall not be liable for failure
to perform under this Agreement if Contractor’s performance is prevented or
delayed by acts of terrorism,acts of God including landslides,lightning,forest
fires,storms,?oods,freezing and earthquakes,civil disturbances,wars,
blockades,public riots,explosions,unavailability of required materials or disposal
restrictions,governmental restraint or other causes,whether of the kind
enumerated or otherwise,that are not reasonably within the control of Contractor
(“Force Majeure”).If as a result of a Force Majeure event,Contractor is unable
wholly or partially to meet its obligations under this Agreement,Contractor shall
promptly give the City written notice of the Force Majeure event,describing it in
reasonable detail.Contractor’s obligations under this Agreement shall be
suspended,but only with respect to the particular component of obligations
affected by the Force Majeure event and only for the period during which the
Force Majeure event exists.
10.1 1.Illegal Provisions/Severability
If any provision of this Agreement shall be declared illegal,void,or unenforceable,the
other provisions shall not be affected,but shall remain in full force and effect.
10.12.Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in
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writing,specifying such waiver,and executed by the party against whom such waiver is
sought to be enforced.A waiver by either party of any of its rights under this Agreement
on any occasion shall not be a bar to the exercise of the same right on any subsequent
occasion or of any other right at any time.
10.13.Entirety
This Agreement and the exhibits attached hereto represent the entire agreement of the
City and Contractor with respect to the services to be provided under this Agreement.No
prior written or oral statement or proposal shall alter any term or provision of this
Agreement except as provided herein.
WITNESS THE EXECUTION HEREOF on the day and year ?rst herein above written.
BA DISPOSAL,INC.CITY OF PASCO
%%4e%”
Darrick Dietrich,President Matt Watkins,Mayor
Ai?mwg?
ebbie Clark,City Clerk
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Exhibit A
De?nitions
Agricultural Processed Waste:“Agricultural Processed Waste”means any waste which
consists exclusively of the remainder and residue of processed fruit or vegetables.
Base Tonnage:“Base Tonnage”means the original 1,500 tons of solid waste services
transported and removed by the Contractor to the City without any direct cost.
Biomedical Waste:“Biomedical Waste”has the same meaning set forth in WAC 480-70-O41.
Bulky Materials:“Bulky Materials”means bags,boxes,or bundles,or empty carriers,cartons,
boxes,crates,etc.,or materials offered for disposal,all of which may be readily handled without
shoveling (not loose,uncontained materials).Individual items shall not exceed two feet by two
feet by ?ve feet (2’x 2’x 5’)in dimension,and not weight more than 65 pounds.
Charge:“Charge”means a set ?at fee for performing a service.Or,the result of multiplying a
rate for a unit times the number of units transported.
City:“City”means the City of Pasco,Franklin County,Washington.
City Service Area:“City Service Area”means the current corporate limits of the City,
excluding only those areas for which a different Solid Waste collection company is providing
Solid Waste service pursuant to a pre-existing franchise or permit.
Commercial Customer:“Commercial Customer”means all non—Residential Customers,
including but not limited businesses,institutions,governmental agencies,and all other users,
including occupants of Residences,Mobile Home Parks,Multi-Family Complexes and Mixed-
Use Buildings,of commercial-type Solid Waste collection services.
Compactor Disconnect/Reconnect Charge:“Compactor Disconnect/Reconnect Charge”means
a ?at fee established by the solid waste collection company for the service of disconnecting a
compactor from a drop box or container before taking it to be dumped,and then reconnecting the
compactor when the drop box or container is returned to the customer’s site.
Container:“Container”means any Detachable Container,Drop-Box Container,or wheeled cart
owned and provided by Contractor.
Contractor:“Contractor”means Basin Disposal,Inc.
Curb or Curbside:“Curb"or “Curbside”means a location on a Residential Customer’s
property within ?ve (5)feet of a Public Street or Private Road without blocking sidewalks,
driveways or on-street parking.
Comprehensive Solid Waste Collection Agreement,Exhibit A
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Customer:“Customer”means all entities or persons required to utilize Solid Waste services
within the City Service Area,including property owners,property managers and tenants,or as
otherwise defined in Pasco Municipal Code Chap.6.04.
Detachable Container:“Detachable Container”means a watertight metal or plastic Container
equipped with a tight-?tting cover,capable of being mechanically unloaded into a collection
vehicle,and that is not less than one and a half (1.5)cubic yards or greater than eight (8)cubic
yards in capacity.
Drop-Box Container:“Drop-Box Container”means an all-metal Container with ten (10)cubic
yards or more capacity that is loaded onto a specialized collection vehicle,transported to a
disposal or recycling site,emptied and transported back to the Customer’s site.
Exercise Date:“Exercise Date”means the date that the City counter signed the Contractor’s
proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste)of
this contract.
Gate Charge:“Gate Charge”means a ?at fee charged for opening,unlocking,or closing gates
in order to pick up solid waste.
Garbage:“Garbage”means all putrescible Solid Waste.
Hazardous Waste:“Hazardous Waste”means any substance that is:
A.De?ned as hazardous by 40 C.F.R.Part 261 and regulated as Hazardous Waste by the
United States Environmental Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act (“RCRA”)of 1976,42 U.S.C.§6901 et seq.,as
amended by the Hazardous and Solid Waste Amendments (“HSWA”)of 1984;the Toxic
Substances Control Act,15 U.S.C.§2601 et seq.;or any other federal statute or
regulation governing the treatment,storage,handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
RCRA.
B.De?ned as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely Hazardous Waste by the Washington State Department of
Ecology under the State Hazardous Waste Management Act,Chapter 70.105 RCW,or
any other Washington State statute or regulation governing the treatment,storage,
handling or disposal of wastes and imposing special handling requirements similar to
those required by Chapter 70.105 RCW.
C.Hazardous Waste shall not include any materials de?ned as Household Hazardous Waste.
Household Hazardous Waste:“Household Hazardous Waste”has the same meaning set forth
in RCW 70.102.010(2),together with any applicable regulations promulgated by the Washington
Department of Ecology pursuant thereto.
Loose Material:“Loose Material”means material not set out in bags or containers,including
materials that must be shoveled.
Comprehensive Solid Waste Collection Agreement,Exhibit A
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Mixed Paper:“Mixed Paper”means magazines,junk mail,phone books,bond or ledger grade
paper,cardboard,paperboard packaging,paper cups and other ?ber-based materials meeting
industry standards,but excluding tissue paper,paper towels,food-contaminated paper or paper
packaging combined with plastic,win;and foil.
Mixed-Use Building:“Mixed-Use Building”means a structure inhabited by both Residential
and Commercial Customers.
Mobile Home Park:“Mobile Home Park”shall mean a parcel of land which has been planned,
improved or is currently used for the placement of mobile homes and contains more than one (1)
mobile home lot.Mobile Home Parks shall be billed collectively for collection service.
Multi-Family Complex:“Multi-Family Complex”means a multiple-unit Residence with three
or more attached units and billed collectively for collection service.
Packer:“Packer”means a device or vehicle specially designed to pack loose materials.
Pass Through Fees:“Pass Through Fees”means a fee collected by a solid waste collection
company on behalf of a third party when the fee is billed directly to the customer without
markup or markdown.
Permanent Service:“Permanent Service”means Container and drop-box service provided at
the customer’s request for more than 90 days.
Private Road:“Private Road”means a privately owned and maintained right of way or access
easement that allows for access by a service vehicle and that serves multiple Residences.
Public Street:“Public Street”means a public right-of-way or easement maintained by the City,
County or the State and used for travel by the public.
Rate:“Rate”means a price per unit or per service.A rate is multiplied times the number of
units or services.
Recyclable Materials:“Recyclable Materials”means materials consisting of aluminum cans
and foil;corrugated cardboard;tin cans;recyclable plastic containers that did not contain
Biomedical Waste,Hazardous Waste or Household Hazardous Waste;Mixed Paper;newspaper;
and such other materials that the City and Contractor may detemiine from time to time to be
recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid
waste plans of the City,if any.
Residence/Residential:“Residence”or “Residential”mean a living space,with a kitchen,
individually rented,leased or owned.
Residential Cart:“Residential Cart”means a 64-or 96-gallon wheeled cart suitable for deposit,
storage and collection of Solid Waste.
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Residential Customer:“Residential Customer”means all Customers residing in a Single-
Family Residences.
Service Accord:“Service Accord”means limited services that the Contractor agrees to provide
to The City as described in Exhibit “E”
Single-Family Residence:“Single-Family Residence”means all one-unit houses,each living
unit of a duplex if billed individually,and mobile homes that are billed for collection service
individually and located on a Public Street or Private Road,and not part of a Mobile Home Park.
Solid Waste:“Solid Waste”shall have the same meaning set forth in RCW 70.95.030,but shall
not include Biomedical Waste,Hazardous Waste or Household Hazardous Waste.If and when
the City permits a separate collection service for Recyclable Materials and Green Waste at City’s
request or under the jurisdiction of the WUTC,Recyclable Materials and Green Waste shall be
deemed to be separate categories of Solid Waste where expressly provided in this Agreement.
Special Pickup:“Special Pickup”means a pick-up requested by the customer at a time other
than the regularly scheduled pick-up time,that requires the special dispatch of a truck.If a
special dispatch is required,the company will assess time rates established in the Contractor’s
Exhibit.
Solid Waste Unit:“Solid Waste Unit”means a receptacle made of durable,corrosion—resistant,
nonabsorbent material that is watertight,and has a close-?tting cover and two handles,or is a
bag,box,or bundle that contains Solid Waste.A Solid Waste Unit can hold no more than thirty-
two gallons or four cubic feet of Solid Waste,and weigh no more than 65 pounds when ?lled.In
addition,a Solid Waste Unit shall not exceed two feet by two feet by five feet (2’x 2’x 5’)in
dimension.
Unlocking:“Unlocking”means a ?at fee imposed by a solid waste collection company when the
company's personnel must unlock padlocks or other locking devices to perform pickup services.
WUTC:“WUTC”means the Washington Utilities and Transportation Commission.
Comprehensive Solid Waste Collection Agreement,Exhibit A
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Exhibit B
City Service Area
n
3
C
E
33
City of Pasco
City Limits 2015
Comprehensive Solid Waste Collection Agreement,Exhibit B
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30-Oet-l5
Index
Index
Item 5
Item 40
Item 45
Item 50
Item 51
Item 53
Item 70
Item 80
Item 100
Item 100
Item 150
Item 160
Item 200
Item 205
Item 207
Item 21 0
Item 230
Item 240
Item 240
Item 255
Item 260
Item 270
Exhibit C
Rate Schedule
Page
Index of Items
Index by Item
Index by Topic
Application of Rates -Taxes
Material Requiring Special Equipment,Precautions,or Disposal
Material Requiring Special Testing and/or Analysis
Retumed Check Charges
Restart Fees
New Customer Prepayrnents
Return Trips
Carryout Service
Residential Can/Unit Service,Curbside Recycling,Greenwaate Service
Residential Can/Unit Service,CurbsideRecycling,Greenwaste Service
Loose and/or Bulky Material
Time Rates
Application of Detachable Container and/or Drop Box Rates -General
Roll—OutCharges -Residential Carts and Detachable Containers
Excess Weight -Rejection of Load,Overweight Charges to Transport
Washing and Sanitizing Residential Cans,Detachable Containers and Drop Boxes
Disposal Fees
Container Service -Non-compacted Cart
Container Service -Non-compactedContainer
Container Service -Compacted -Customer-owned Container
Drop Box Sen/ice -Non-Compacted -Company—OwnedDrop Box
Drop Box Service -Compactcd -Company-Owned Drop Box
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 1
assess;::ms:sww«mmm»m»w~Lg
Page 77 of 338
30-Oct-1 5 Page 3
Index of Topic
Item No ?g;
Index by Item ...2
Index by Topic 3
Bulky Material 1 50 11
Carryout service‘80 8
Detachable Container service,compacm 255 21
Detachable Container service,non-compacted,240 18
Detachyable Containers and/or Drop Boxes,availability 200 13
Detachable Containers and/or Drop Boxes,general rules 200 13
Detachable Containers and/or Drop Boxes.washing and sanili?ng 210 16
Prepayrnents.53 6
Disposalfees.230 17
Drop-box service,Cornpacted,270 23
Drop-Box service,Non-Compacled,.,.,260 22
Excess Weight -Rejection of Load,Overweight Charges to Transport..207 15
Residential Service .100 9
Restart Fees.5|5
Return Trips 70 7
Roll-out charges...205 14
Time mtes..160 l2
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 2
Page 78 of 338
30-Oct-15 Page 4
Item 5
Item 5 --Agglication of Rates —Taxes
Entity imposing:-ax:Description Amount of tax:Amalication(Commodities)
Cityof Pasco Pasco Utili?Tax 8.50%AgulicalaleCustomers -Revenue
State of Washggton WA Solid Waste Tax 3.60%Applicable Customers -Revenue
Note 1:The rates defined within this Exhibit C include the Pasco Utility Tax
of 8.5%.
Note 2:The Washington State Solid Waste Tax will be applied as a line item to the rates
as de?ned within this Exhibit C.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 3
Page 79 of 338
30-Oct-15
Items 40,45,50
Item 40 ~—Material Reguiring Sp_eciaI Quipment,Precautions,or Dismsal
Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject
to Time Rates named in Item 160,or to other speci?c rates contained in this appendix.
Contractor will make every effort to be aware of the commodities that require special handling at the disposal
sites,The Contractor shall maintain a list of those commoditiesand make it available for public inspection at
the Contractors office
Item 45 -4 Material Reguiring Sgcial Testing and/or Analysis
When the Contractor or disposal facility determinesthat testing and/or analysis of solid waste is required to
determinewhetherdangerous or prohibited substances are present,the actual cost for such testing and/or
analysis will be paid by the customer.At the Contractors election,they may help provide the customer with
testing and/or analysis of the dangerous or prohibited substance.If the Contractor elects to help with the testing
and analysis,these costs will be passed through In the customer
Item 50 --Returned Check Charges
Returned Check Charge.Ifa customer pays with a check,and the customer's bank refuses to honor
that check,the customer will be assessed a Return Check Charge in the amount of §”§§.0D.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 4
Page 80 of 338
30-Oct-15 Page
Items 51 and 53
Item 51 --Restart Charge
A Restart Charge will be assessed on all customers whose service is discontinued for
non-payment and who subsequently reinstate services.
Restart Charges are as follows:
A Restart Charge of ?3.40 will be assessed to Residential Cart customers whose service is
discontinued for non-payment.Please see Item 100.
A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is
discontinued for nun-payment.Please see Item 240.
A Restart Charge of §43.40 will be assessed to Drop Box customers whose service is
discontinued for non-payment.Please see Item 260.
Item 53 --Prepaments for Residential,Commercial,Drop Box and Temporag Customers
A Prepayment of $5.00 will be assessed to all first time (new)Residential Customers.
The prepayment will be applied to the customer's account in the event of non-payment,after one year of
service,or be returned to the customer upon tamitiation of the residential service.Please see Item 100.
A Prepayment is equal to the first month‘:cost of service,and will be assessed to all first time
(new)Commercial Customers.The prepayment will be appliedto the customer's account in the event of
non-payment,after one year of service,or be returned to the customer upon termination of the
commercial service.Please see Item 240 &255.
A Prepayment of_$250.00 will be assessed to first time (new)Drop Box Customers.
The prepayment will be applied to the customer's account in the event of
non-payment,a?er one year of service,or be returned to the customer upon terrninatiori of the
Drop Box service.Please see Item 260 &270.
A Prepayment will be assessed for each given Temporary Service,and will be assessed
at the time the customer signs up for the Temporary Service.The Prepayment will be appliedto the
customer's account upon termination of the Temporary Service.Please see Items 240 &260
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 5
Page 81 of 338
30-Oct-1 5 Page 7
Item 70 --Return Trigs
When the Contractor is required to make a Return Trip,that does not require the special dispatchof a truck,to
pick up material that was unavailable for collection for reasons under the control of the customer,the following
additional charges,per pickup,will apply:
Tvg ut‘Container Return Trig Charge
Residential Cart (Senior only),64 gallons ...........r,3 11.00
Residential Cart,96 gallons .............$11.00
Detachable Container (Container).............S 21.85
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 6
Page 82 of 338
30-Oct-15 Page 8
Item 80
Item 80 -—Carrv—OutService
Contractor will assess the following additional charges when customers request that Contractor personnel
provide Carry-Out Service of Residential Cans/Units not placed at the curb,the alley,or other point
where the Contractor's vehicle can be driven to within ?ve feet of the Residential Cans/Units using
improved access roads commonly available for public use.Driveways are not considered improvedaccess
roads commonlyavailable for publicuse.
Cara-Out Charge Commercial Rates
Per Unig Per Pickup
64 or 96 gallon Cart 5 3.25
that must be carried auxaver 5 feet,but
not over 25jeet.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 7
Page 83 of 338
30-Oct-15 Page 9
Item 100
Item 100 --Residential Service —-Monthy Rates gcontinued on next gage!
Rates below apply in the followingservice area'City of Pasco
Number of Frequency Garbage Recycle Greenwaste
Units or Type 411‘Service Service Service
of Residential Carts Service gg ,R_2_te Q
(1)64 gallon Residential Qrt (Senior/Low Income Only)WG $9.22 #N/A #N/A
(1)96 gallon Residential Cart WG 3 18.45 #N/A #N/A
(1)MulLiFamily/Duplex 96 gallon ResidentialCart WG $18.45 #N/A #N/A
Each Additional96 gallon ResidendalCan WG $1.90 #N/A #N/A
Frequency of Service Codes:WG=Week1yGarbage;NA=Service is not available at this time
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 8
Page 84 of 338
30-Oct-15
Note l:
Note 2:
Note 3:
Note 4:
Note 5:
Note 6:
Note 7:
Note 8:
Page 10
Tue of service Q
Prepayment Charge $35.00
Restart Charge $43.40
Return Trip Charge as 1 1.00
Carry Out Service-up to 25 feet $3.25
Replacement Cart Charge S 8500
Return Check Charge $35.00
Freon DischargeCharge {/417171iances)$35.00
Passenger Tire Charge $5.00
Truck Tire Charge $10.00
A Prepayment Charge ofwill be assessed to a first time (new)ResidentialOistomers.
The prepayrrlem will be applied to the customers account in the event of noirpayrnent,after one year of
service.or be retumed nothe cusmmerupon Lenmnationof the residentialservice,Please see Item 53.
A Restart Charge will be assessed on all customers whoseservice is discontinued for
non-payment and who subsequently reinstate services.Please see Item 51 .
If the customer requests the Contractor to make a Return Trip Charge due to no fault
of Contractor,Contractor shall be permitted to charge the Customer a Return Trip Charge
Please see Item 70
Contractor will assess additional charges (Item 80)when customers request that Contractor personnel
provide Carr_v—O|ItService of Residential Cans/Units not placed at the curb,the alley,or other point
where the company:vehicle can be drivm to within five feet of the Residential Cans/Units using
improved access roads commonly available for public use Driveways are not considered improved
access roads commorilvavailable for nublic use.
Ifany customer who destroys a Cart,does not return the Cartupon tennination,or service is shut
off for non-payment and they refuse to surrender the Cart a Replacement cm Charge will be charged
If a customer pays with a check,and the customers bank refuses to honor
that check,the customer will be assessed a Return Check Charge.
If a customer requests Contractor to pick up any appliance that comains Freon
the customer will be charged a From:Discharge Charge.
If a customer disposes of more than 4 passenger car tires,with or without rims,the Contractor
will charge an additional Passenger or Truck Tire Charge.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 9
Page 85 of 338
30-Oct-15 Page 1 1
Item 150
Item 150 --Units,Bully Material &Aggliauceg,Furniture
Minimum Charge
Rate Per PlCl(l.I2
Solid Waste Umt $3.80 per unit N/A
Bulky Materials S 14.15 per L-ubicyard S 1415
Appliances,Fumimre Items 3 14.15 perilem $14.15
Freon Discharge Charge 3 35.00 per item N/A
Note 1:"Solid Waste Units"and "Bulky Materials"charges only apply when items are not properly
containedfor collectnm as defined in section 5.1.1 of die contract Please see below refexenced Notes 2
and 3 for definition of sizes and containment of solid waste and bulky items.
Note 2:"Bulky Materials"means begs,boxes,or bundles;or empty can-lets,cartons,crates ormatexials
offered for disposal all of which may be readily handledwithout shoveling (not loose,uncontained
materials)Individualitems shallnot exceed two feet by two feet by five feet (2'X 2’X 5')in dimension,
and not weigh more than 55 pounds.
Note 3."Solid Waste Unit"is defined in the Comprehensive Solid Waste Agreement,but generally means
any mdividualreceptacle,can,plastic bag,cart,box,carton,or othez container that does not
hold more than 32 gallons or 4 cu R of solid waste.and which does not weight more than
55 pounds when filled.
Note 4:Appliances will be charged at the per item rate noted above.Lfthe Appliance has Freon,
the Freon Disclmrge Charge will also be applied
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 10
Page 86 of 338
30-Oct-15 Page 12
Item 160
Item 160 --Time Rates
When time rates apply.Time Rates named in this Item apply:
(a)When material must be taken to a special site for disposal;
(b)When the Contractor's equipment must wait at or return to,a customer's site to provide scheduled
service due to no disability,fault,or negligence on the part of the company.Actual waiting time or time
taken in retuming to the site will be charged for;or
(c)When a customer orders a single,special,or emergency pickup,or when other items in this tari?‘
refer to this Item.
How rates are recorded and charged.Time must be recorded and charged for to the nearest increment of
15 minutes.Time rates apply for the period from the time the Contractors vehicle leaves the terminal,until
it returns to the terminal,or when it leaves its prescheduled route and drives towards the Customer's site,
excluding interruptions.An interruption is a situation causing stoppage of service that is in the control of the
company and not in the control of the customer.Examples include:work breaks,breakdown of equipment,
and similar occurrences.
Disposal fees in addition to time rates.Item 230 Disposal Fees for the disposal site or facility used will
apply in addition to time rates.
Rate Per Hour
Each Extra Minimum
T e of ui merit ordered Truck and Driver Person Charge
Single rear drive axle:$60.00 $40.00 S 4000
Tandem rear drive axle:$95.00 $47.50 S 47.50
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 11
Page 87 of 338
30-Oct-15 Page 13
Item 200
Item 200 ~-Detachable Containers and/or Drop Boxes --General Rules
Availability.Contractor must maintain a supply of all sizes of Containers and Drop Boxes for
which rates are listed in this Appendix.Ifa customer requests a Container or Drop Box of a size
listed in the Contractor's Appendix,and the Contractor is unable to provide the requested size
within 7 days of the customer request,the customer must be noti?ed in writing or by telephone.
Alternate-sized Containers and/or Drop Boxes.Ifthe Contractor cannot provide the requested-
sized Container or Drop Box (and that size is listed in this exhibit),the Contractor must provide
altemate-sized Containers or Drop Boxes,sufficient to meet the capacity originallyrequested by the
customer,at the same rates as would have applied for the requested Container or Drop Box.
Disposal fees due on alternatevsized Drop Boxes.Ifthc Contractor provides altemate-sized Drop
Boxes,the customer is responsible for all applicable disposal fees resulting from t.heuse of the
alternate Drop Boxes
Rates on partially-filled Containers and/or Drop Boxes.Full pickup and rental rates apply
regardless of the amount of waste material in the Container or Drop Box at pickup time.
Rates for compacted materials.Rates for compacted material apply only when the material has
been compacted before its pickup by the Contractor (See Section 4.25 of Contract).
Rates for loose material.Loose material dumped into the Contractor's packer truck is subject to
the rates for nomcompacted material even though the material may be compacted later in the packer
truck
Permanent and Temporary Service.The following rules apply:
(a)lfa customer requests a Container or Drop Box for less than 90 days,the customer will be
billed at Temporary Service rates.
(b)lfa Temporary Service customer notifies the Contractor that it has decided to retain the
Container or Drop Box for more than 90 days,Permanent Service rates Wlll be assessed from the
91st day until the end of the period the customer retains the Container or Drop Box
(0)Ifa customer requests a Container or Drop Box for more than 90 days,the customer will be
billed under permanent rates.lfthat customer cancels service before the end of the 90-day period,
the company may not rebill the customer at Temporary Service rates.The intent of the customer at
the time service was requested applies.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 12
Page 88 of 338
30-Oct-15 Page
Item 205
Item 205 --Roll-Out Charge,and Gate Charge
Charges for Carts and Containers
The Contractor will assess Roll-Out Charges where,due to circumstances outside ofthe control
of the driver,the driver is required to move the Cart or Container more than ?ve (5)feet,but less than
twenty-?ve (25)feet in order to reach the truck.
The charge for this Roll-Out Charge is:
$.25 per Cart or Container,per pickup
The Contractor will assess a Gate Charge where the driver is required to unlock
a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
The charge for this Gate Charge is:
$325 per pickup
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 13
14
Page 89 of 338
30-Oct-15 Page 15
Item 207
Item 207 ~Excess Weight -—Rejection 0!‘Load,Charges in Transport
The Contractor reserves the right to reject pickup of any DetachableContainer,stationary packer,or Drop Box which,
upon reasonable inspection:
(1)Appears to be overloaded
(2)Would cause applicable vehicle load Limitatiomto be exceeded;
(3)Would cause the company to violateload limitationsor result in unsafe vehicle
operation;
(4)Would negatively impact or otherwise damageroad surface integrity;and/or
(5)Contains anything that appears not to be MSW or could do damage to the vehicle.
For the purposes of this Appendix the followingmaximumweighis apply
Typelsize of Maximum Weight
Container,Drop Box,Allowance per
or Cart Becegcle [in pounds}
Carts -64 Gallon 120 lbs
Carts -95 Gallon 180 lbs
Detachable Containers —l to 8 cu yds 1,20)lbs
Drup Boxes -All Sizes 20,000 lbs
Over?lled or overweight,charges if transported.If the Container,Drop Box,or Cart exceedsthe
limis stated above,is ?lled beyond the marked ?ll line,or the top is unable to be closed,but the
Coriu-actortransports the materials,the following additionalcharges will apply
TypeISize of
Container,Drop Box,
gr Cart Chage
Carts -All Sizes §i00 Per Pickup
Detachable Container ~1 to 8 cu yds §14.1S Per Yard
Drop Boxes —All Sizes 514.15 Per Yard
Cumpacted material $8.30 Per Yard
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 14
Page 90 of 338
30—Oct-15 Page
Item 2 l 0
ts 210 --Waslzi and ni i eiachable Containers and]r Boxes
Upon customer request,the Corlmacmr will provide washing and sarlitizing serviceat the following rates:
Size or Type of
Container or DronBox E
Steam Cleaning -Delachable Col-nainer 3 40.50
Steam Cleaning -Drop Box $100.50
Note 1:The rate for washing and sanitizing Detachable Containers and Drop Boxes includes
the fee for delivering the newly cleaned Detachable Container or Drop Box back to the
custolnefs location
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 15
16
Page 91 of 338
30-Oct-15 Page
Item 230
Item 230 ~-Disposal Fem
Charges in this item apply when other items in this Appendix speci?cally refer to this item.
Type of Material Fee for Disposal
MSW $44.31
Green Waste #N/A
Commingled Recycle #N/A
Note 1:The DisposalFee includes the Pasco Utility Tax of 8.5%
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 16
Page 92 of 338
30-Oct-15 Page
Item 240
Item 240 —-Commercial Cart Service —~Dumped in Cnmpany‘s Vehicle
Nomcompacled Material
Rates stated per Commercial Cart per month
Service Area:City of Pasco
Size or Type ol'Container
Permanent Service 64 Gal Cart 96 Gal Curl
Pickup .One Time per Week $21.70 $40.15
Pickup -Two Times per Week 3 43.40 $30.30
Special Pickups 3 16.00 $2027
Additional Pickup $5 00 $9.27
Return Trip Charge $11.00 $11.00
Restart Charge $43 40 $43 40
Temporag Service
Delivery $11.00 $11.00
Pickup Rate 3 7.00 $12.97
Rent Per Calendar Day $5.50 $5.50
Prepayment 3 35.00 $35 00
Note]:Permanent Service:Service is de?ned as no less than scheduled,every week pickup,
Customer will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partially-filled containers.
Note 2'Permanent Service‘A Prepayment of $35.00 will be assessed to all first time
(new)Commercial Customers.The Prepayment will be applied to the customers account
in the event ofnon-payment,a?er one year of service,or be returned to the customer
upon termination of the commercial service.
Note 3:Special Pickup is the Bach Addt‘l Pickup rate plus Item 70 Return Trip -Carts.
Note 4:Restart subject to Item 51 —Restart Charges
Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessorial Charges gllds,unlocking,unlalcliing,etc.)
Note 5:
Note 7'
A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
A Return '1‘rip Charge of?li will be assessed when the company driver is
required to make a return trip,that does not require the special dispatch of a
truck,to pick up a Can or material that was unavailable for collection for
reasons under the control of the customer.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 17
18
Page 93 of 338
30-Oct-l 5 Page 19
Item 240
Item 240 ——Detachable Container Service -~Dumped in Company's Vehicle (continuedi
Non-compacted Material
Rates stated per Detachable Container,per month
Service Area:City of Pasco
Size or Type of Container
Permanent Service 15 Yard 2 Yar 3 Yard 4 Yard 6 are!8 Yard
Pickup -One Time per Week S 110.00 S 130 00 S 150 00 $185.00 $235.00 $300 00
Pickup -Two Times per Week 5 212.00 $250 00 3 290.00 $365.00 Si 465.00 $585.00
Pickup -Three Times per Week 3 320.00 S 375.00 3 435.00 $540.00 S 69000 $880.00
Pickup »Four Times per Week 3 425.00 S 495.00 $570.00 S 705.00 $910.00 5 1,150 00
Pickup -Five Times per Week $520.00 S 610.00 $705.00 $870.00 $1,140.00 $1,425.00
Special Pickups $47.24 S 51.85 $56.47 $64.55 $76.08 $9109
Additional Piclcup S 25 39 $30.00 S 34.62 $42.70 $54.23 $69.24
Retum Trip Charge $21.85 $21.85 $21.85 $21.85 3 21.85 $21.85
Restart Charge $43.40 S 43 40 $43.40 5 43.40 $43.40 $43.40
Temporary Service 1
Delivery #N/A #N/A S 21.85 3 21.85 $21 85 $21.85
Pickup Rat/e #N/A #N/A $55.25 $65.25 $80.25 S 100.25
Rent Per Calendar Day #N/A #N/A $5.50 $5.50 S 5.50 $5.50
Prepayment #N/A #N/A 35125.00 5 125.00 S 125.00 $125.00
Notel:Permanent Service:Service is defined as no less than scheduled,every week pickup.
Customer will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partia1ly»fi1led containers.
Note 2:Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip -Container
Note 3:Restart subject to Item 51 -Restart Charges
Note 4:Permanent Service:A Prepayment is equal to the first month's cost of service,and
will be assessed to all first time (new)Commercial Customers.The prepayment will be
applied to the customer's account in the event of non-payment,after one year of service,
or be returned to the customer upon tenninationof the Commercial Service
Please see Items 240 and 255.
Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 18
Page 94 of 338
30-Oct-l 5 Page 20
Item 240
Accessorial Charges [lids unlocking,unlatching,elc.)_
Note 6.A Gate Charge of $3.25 willbe assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Caxtor Container,
Note 7:A Return Trip Charge of SLSS will be assessed when the company driver is
required to make a return trip,that does not require the special dispatch of a truck,to
pick up 3 Container or materialthat was unavailable for collectionfor reasons under
the control of the customer.
Note 8:If customer requires a Loeking Container,21 one time fee of $95.00 will be assessed.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 19
Page 95 of 338
30-Oct-15 Page 21
Item 255
Item 255 ~-Detachable Container Service ~Dumgd in CommnfsVehicle
Compacted Material
Rates stated per Detachable Container,per onth
Service Area:City of Pasco
Size or Type of Container
Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard
Pickup —One Time per Week S 170.35 $205.35 $250.35 S 325.35
Pickup -Two Times per Week $340.70 $410 70 3 500.70 $650.70
Special Pickups S 61.19 8 69.27 S 79.67 3 9699
Additional Pickup $39 34 S 47.42 $57.82 $75.14
Return Trip Charge $21.85 $21.85 $21.85 39 21.85
Restart Charge $43 40 $43.40 3 43.40 5 43.40
Note 1:Permanent Service:Service is defined as no lessthan scheduled,every week pickup.
Customer will be charged for service requested,even if fewer containersare serviced on a
particular trip.No credit will be given for partially-?lled containers.
Note 2:Special Pickup is the Each Addrl Pickup rate plus Item 70 Return Trip -Container,
Note 3'Restart subject to Item 51 ~Restart Charge.
Note 4:Permanent Service:A Prepayment is equal to the first months cost of service,and
will be assessed to all first time (new)Commercial Customers.The prepayment will be
applied to the customer's account in die event ofnon-payment,after one year of service,
or be returnedto the customer upon termination of the Commercial Service
Please see Items 240 and 255.
Atcessurialcharges assessed(‘Q,gnlocldng,uglatching,etc]
Note 5:A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
Note 6:A Return Trip Charge of $11.85 will be assessed when the company driver is required
to make a return trip,that does not require the special dispatch of a truck,to pick up a
Cart or Container or material that was unavailable for collection for reasons under the
control nf the nictnmar
Note 7 A Disconnectflieeonneet Fee of $3.25 per pickup will be assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 20
Page 96 of 338
30-Oct-15 Page 22
Item 260
Item 260 mp Box Service —»To Disposal Site and Return
N on-Com patted Material
Rates stated per Drop Box,per pickup
Service Area.City of Pasco
Permanent Service
Delivery Charge
Haul Charge
Trip Charge
Iv?nimumMonthly Charge
Prepayment
Restart Charge
Size or Type of Container
ll Yard/15 Yard 20 Yard 30 Yard 40 Yard 50 Yard
55.00 55.00 3 55.00 $55.00 S 5500
140.00 145.00 $150.00 $160.00 $170.00
55.00 55.00 $55.00 $55.00 3 55.00
140.00 145.00 $150.00 $160.00 $17000
3000 250.00 $250.00 S 250.00 $250.00
43.40 43.40 $43.40 S 43.40 $43.40
esaaeameneeesaaeaeeeam
Temporary Service
Delivery Charge
Haul Charge
Trip Charge
Daily Rental Charge
Prepayment
Note 1:
Note 2:
Note 3.
Note 4:
Note 5.
Note 6:
55.00
140.25
55.00
7.50
50.00
55.00 S 55.00 $55.00 3 55.00
145.25 $150.25 $160.25 S 17025
55.00 $55.00 $55.00 S 55 00
7.50 $7.50 S 7.50 S 7.50
250.00 3 250.00 $250.00 S 250.00
eeweneaeaasegmuam
Rates in this item are subject to Disposal Fees named in Item 230.
Temporary Service.means providing Drop Box service at the customers request,for a
period of ninety days or less.
Permanent Service:means Drop Box service provided at customers request for more than
90 days.
For Pennanent Service accounts,if a Drop Box is retained by a customer for
a full month and no pickups are ordered,a Minimum Monthly Charge will be assessed
Restart subject to Item 51 —Restart Charge -Drop Box.
Rates named in this item apply for all hauls within the City Limits of Pasco,to the disposal site Any
miles driven outside t.he City limits of Pasco will be charged for at§.25 per mile.Mileage Charge is
in addition to all regular clmrges.
A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessurial charges assessed {lids}unlocking,unhtchlng,eIc.)_
Note 7:
Note 8.
A can Charge or 33.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access 2:Cart or Container.
A Trip Charge of S§.00 will be assessed when the company driver makes a trip to the
customers location,but.due to reasons under the control of the customer,was not able to
complete the haul
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 21
Page 97 of 338
30-Ocl—15 Page 23
Item 270
item 270 --Drag Bax Se?ice --To Disposal and Relgrll
Compacted Material
Rates stated per Drop Box,per pickup
Service Area:City of Pasco
Sin or Type of Container
Permanent Service 15 Yd 20 Yd 20 Yd 30 Ydl35 Yd 40 Yd
Delivery Charge $55.00 $55.00 $55.00 3 55.00 $55.00
H.aulCl1a.rge $165.00 $155.03 $165.00 3 l55.00 5 165.00
Trip Charge $5500 $55.00 $55.00 3 55.00 3 55.00
Prepayment $250.00 $250.(X)$250.00 $250.00 $250.00
Restart Charge $43.40 3 43.40 $43.40 $43.40 $43.40
Note 1.Rates in this item are subject to Disposal Fees named in Item B0.
Nole 2:If a Drop Box is retained by a customer for a full month and no pickups are ordered,
and the Drop Box is owned by the Contractor,a Monthly Charge will be assess ed.
Note 3:Restart subject to hem 5]~Restart Charge -Drop Box
Note 4;Rates named in this item apply for all hauls within the City Limils of Pasco,to the disposal site.
Any miles driven oumide the City limits of Pasco Wl.iibe charged for at $.25 per mile.Mileage
Charge is in addition to all regular charges.
Accessorial cIza_rges ssessed gggds,unlocking,Imlatching,en.-.g
Note 5:
Note 6:
Note 7'
Note 8:
A Gate Charge of 13.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Can or Container
A Compactor Disconnectlkeconnect Charge of §3.25 per haul
will be assessed when Drop Boxes with compactors require connecting or disconnecting.
A Turn Around Charge of 330,00per haul will be assessed when company driver has to mm
the Drop Box around in order to empty and/or reconnect the Drop Box.
A Trip Charge of $55.00 will be assessed when the company driver makes a trip
to the customers location,but due to reasons under the control of the customer,
was not able to complete the haul
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 22
Page 98 of 338
Exhibit D
WACOD Adjustment Formula
The following de?nitions apply to the calculation of the WACOD Adjustment:
If the following is true:
Change in Volume =(TONSCp-T0NSBp )/TONSB1»>=5%
Then,the following calculation shall be made by the Contractor:
WACOD Adjustment =WACOD Expense X WACOD Change
The following de?nitions shall apply to the above formulas:
O O C C C I C O O I I
WACOD Expense =the proportion of approved rates attributable to gross Solid Waste
disposal expense,hereby ?xed at %.
WACOD Change =(WACODCp-WACODBP)/WACODBP
WACOD”=MSWBPX TONSMsw.B}>+RCYBPX TONSRCY_Bp+GRNBPX TONSc,RN_
BP
WACODcy=MSWcp X TONSMsw_cp +RCYCPX TONSRcY.cp +GRNcp X TONSGRN.
City Planner
TONSBP=TONSMSW»BP+T0NSRcY—B1=+TONSGRN-BP
TONSCP=T0NSMsw.c1>+TONSRCY-CP+TONSGRN~CP
MSW3p =Contractor’s disposal rate for Solid Waste during the Base Period
TONSMsw.Bp =Volume of Solid Waste collected during the Base Period
RCY];p =Contractor’s processing rate for Recyclable Materials during the Base Period
TONSRCY_3p=Volume of Recyclable Materials processed during the Base Period
GRNB1»:Contractor’s processing rate for Green Waste during the Base Period
TONSGRN.];p =Volume of Green Waste processed during the Base Period
MSWCp =Contractor’s disposal rate for Solid Waste during the Comparison Period
ToNSMsw.Cp =Volume of Solid Waste collected during the Comparison Period
RCYCP=Contractor’s processing rate for Recyclable Materials during the Comparison
Period
TONSRcy.cy =Volume of Recyclable Materials processed during the Comparison
Period
GRNcp =Contractor’s processing rate for Yard Waste during the Comparison Period
TON SGRN.Cp=Volume of Yard Waste processed during the Comparison Period
If the City has not added separate collection services for Recyclable Materials and/or Yard
Waste during the Base Period,then the values for those respective variables representing the
volume of such materials will be set to zero,and shall remain zero for the term of this
Contract,i.e.:
TONSRCY-BP=TONSGRN-Bl’=0
Comprehensive Solid Waste Collection Agreement,Exhibit D
Page 1
Page 99 of 338
Until such time as the City adds separate collection service for Recyclable Materials and/or
Yard Waste,the values for those respective variables representing the volume of such
materials will be set to zero,i.e.:
TONSRcy.c}>'—'TONSGRN.C1==0
In either case,the volume of the Recyclable Materials and Yard Waste shall be included in the
measured volume of Solid Waste until such time as the City implements such separate
collections services.
Comprehensive Solid Waste Collection Agreement,Exhibit D
Page 2
Page 100 of 338
Exhibit E
Service Accord
The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as
follows:
(1)Solid Waste gathered by the City from alley clean-ups;
(2)Solid Waste gathered by the City from street sweeping;
(3)Solid Waste gathered by the City from sewer debris;and
(4)Solid Waste gathered by the City and deposited in specially designated Drop-Box
Containers supplied by Contractor.
These Solid Waste Services at No Direct costs include hauling and tip fees.The Solid Waste
Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage)in any calendar year.See
section 5.4 of the contract for more details.
The eligible Solid Waste Service locations within the City are as follows:
(1)The City Shop(s)1025 South Grey,Pasco,WA 99301
(2)The City Yard(s)Rd 108 and Crescent,Pasco,WA 9930]
Comprehensive Solid Waste Collection Agreement,Exhibit E
Page 1
Page 101 of 338
Exhibit F
Fuel Surcharge
City of Pasco
1 Base Fuel Expense
Base Fuel Expense =5.87%Fixed
2 Percentage Increase in Cost of Fuel
Current Fuel Price $3.79 Variable
Minus Base Fuel Price -$3.79 Fixed
Equals Fuel Price
Difference =$-Variable
Divided By Base Fuel Price (Line 6)+$3.79 Fixed
Equals Fuel Percent Change =0.00%Variable
Fuel Surcharge
3 Calculation
Base Fuel Expense (Line 1)5.87%
Multiplied By Percent Change in Fuel
Price x -
Fuel Surcharge 0.00%
Comprehensive Solid Waste Collection Agreement,Exhibit F
Page 1
Page 102 of 338
Exhibit G
Curbside Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit G
Page 1
Page 103 of 338
Exhibit H
Green Waste Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit H
Page 1
Page 104 of 338
Exhibit I
Electronic Waste Collection Provisions
(E-Waste)
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibitl
Page 1
Page 105 of 338
BASIN
a/
July 21,2022
Steve Worley
Public Works Director
525 N 3rd Ave
2nd Floor
Pasco,WA 99301
Dear Mr.Wor|ey:
I hope this letter finds you in good health and spirits.It is time for the annual rate adjustment
based on the (Consumer Price Index)CPI.Please consider this letter as a notification of the
proposed CPI adjustment scheduled for January 1,2023.
The contract specifies an Annual Rate Adjustment tied to the CPI (section 6.3.1 on page 20 of
the Comprehensive Solid Waste Collection Agreement),based on 80%of the West Urban CPI,
size class B/C.We are once again utilizing June data.The 12-month percentage change is 8.5%;
the adjustment factor is 6.8%(8.5%x .80 =6.8%)to be applied to all rates defined in the
contract.
I am enclosing a copy of Exhibit C proposed rates along with a copy of the CPI sheet.
We are most willing to meet with you for conversation on the topic of the rate adjustment and
any other solid waste issues.Thank you for your attention in this matter,and please feel free to
contact me at 509-544-7709,should you have any questions.
I would also like to take the opportunity to thank you and the City Council of Pasco for allowing
us to serve the Pasco City Residents.
Sincerely,
Francisco Alcala
Sr.Financial Analyst
Basin Disposal,Inc.
Enclosures
BASINDISPOSAL.INC.
2021NCommercialAve.Posco,WA99301 -PO Box3850.Puscc,WA99302-3850 -(509)5472476 BAS|NDISPOSAL.COM
Page 106 of 338
25 an
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7114/22,9:40 AM
U.S.BUREAU OF LABORSTATISTICS
Databases,Tables &Calculators by Subject
<9
Clincludegraphs Dincludeannual averages
Change Output Options:From:2012 V To:2022 V
More Furmattin 0 tiunsi
Data extracted on:July 14,2022 (l2:38:40 PM)
CPI for AllUrban Consumers (CPI-U)
Series Id:CUURN40DSAO
Not Seasonally Adjusted
Series Title:Allitems in West -Size Class B/C,all urban consumers,not seasonally adjusted
Area:West-Size Class B/C
Item:Allitems
Base Period:DECEMBER1996=100
Download:E?lxlsl
Year Jan Feb
2012 138.465 138.997
2013R865 1H.072j141.573141.755
2014 141.995142;1g0_l_1_42._513143.077
2015-!142.0221143.005143.887
201s|143.932lT4Z1-2-5144.254
2017 7 145.459 .147.451.147.880 7 148.495 1»
20131150554151.200 :_1_.=_.1.iig;3?).
2o1?l154.323154.57_1155.l78|156.523=
2T2oT15E;.599'|15sT1s37-"‘‘_7 '7
1JulAug1 Sep
140.375_L139.645[139.971 14_0.6(10140.847 14[E8_7_l£9.768[l4D_.0E_4_
141.940'142.22Bi1-42.277141.954 141.736 141.751 141.652
144.435l144.317l144.506144.214 143.398 142.669 143.527
Mar Apr May
141.838 141.505
144.253 144.522
145.345 145.198
145942 145.855
148.789 .148.792 _
153.201:153.545 »:153.454_l_153.797‘154.158 [_154.729
157.485,157.554 1157.455 z_1_57.55§157.738;158.535
144.917 144.752 144.507'144.379l43.595l143.39B144.119
145.850 5829 146.130 146.328_146.004ll45.9lB145.443
I 148.691 1 149.255 149.954 ~150.336:150.003 :149.920 148.836
l 154.625?154.228153.130
__
7
____________,L'>8.482§158.496l157.019
159.129 158.824 158.301‘158.857l159.752§150.528150.845 151.141 151.059_l150.840l15’9.755j55ST
2021j151.199|1_52.042153.257 155.01g3l155.a13_159.977 171.225 172.214l172.722l157.5425423159.257,159.477
2022l174.259l175.890178.019l179.339l180.810:;
__-__
l_
____
J___l_
12-Month Percent Change
Series Id:CUURN4ODSAO
Not Seasonally Adjusted
Series Title:Allitems in West -Size Class B/C,all urban consumers,not seasonally adjusted
Area:West -Size Class B/C
Item:Allitems
Base Period:DECEMBERl996=l00
Download:[3'_}.@
Year Jan Feb Mar Apr May'Tm1Jul Aug Sep Nov Dec Annual HALF1 HALF2
2012 2.5 2.3 2.2 1.8 1._5£1.1 1.3 1.5 1.5|i1 1.3 ___1l 2.0 1.3
2013 1.0 1.5 1.0,0.z3_]_c).7|__1;11__£_1._5|i2:0.8 1.0 1.4 1.1]1.0 1.3
2014 0.7 0.9 09 1.7 1.9 E 1.5 151.5 1.2 0.5 1.3[1.3 1.4
2015}0.0 0.53 0.9 0.5 0.5 0.3 0.3 0.0 0.1 0.133 0.4 0.5 0.2
2015[1.3 0.8‘0310.5 0.4 0.5 0.5 0.7 11‘_1.3 1.7j 1.5 0.9 0.5|1.2
2017 _1.13_’_2.3_2.5 _2.—32.0 -2.079‘2.3 2.5 2.7 2.7 _£_2.3 2.1 2.5l
2018 2.8 2.5 2.5 2.5 3.0 3.2 3.2 3.0 2.8 2.9 .1»2.9 2.5 ;j2019£j_23l—2.32.7 @325 25 £25 2.5 2.8 2.5]2.5 2.5,
2020 2.a‘T9}2.5 1.5 0.5 0.81_.‘_51.8l__2£l1.6 1.5 1.5 1.7 1.5 1.7
2021-15 1.5.27.53.9 5.4 5.0 5.0 5.5l 5.7 5.3 5.9 7.4 4.9 3,5 5.3
2022 8.1 8.5 9.0 5.5 5.4 55
139.921
141.324
143.130
143.981
144.877
147.980
155.959
158.816
164.471
178.520
Oct
7
Nov T Dec Annu—al_HALF1 HALr2'
140.
185j141.981 9
143.923
144.258
146.
010j 11An»-n-
U.S.BUREAUOF LABORSTATISTICSPostal Square Building 2 MassachusettsAvenue NE Washington,DC 20212-0001
Telephone:1-202-691-5200_Telecommunications Relay Service:7—1-1_www b sgg Lontacl:Us
1Ihllps:I/data.b|s.gov/pdq/Sun/eyoulputservlet
J.‘f:7.D:JJ '«
152.094 ‘154.167
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160.
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-—
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1.5
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42'_e145.128
:
Jun !
Bureau of Labor Statistics Data
Page 107 of 338
EFFE C TlVE DA TES
01/01/2023 through 12/31/2023
EXHIBIT C
Page 108 of 338
Index of Items
Item 5 —Application of Rates —Taxes ................................................................
......................
..
Item 40 —Material Requiring Special Equipment,Precautions,or Disposal ........................
......
..
Item 45 —Material Requiring Special Testing and/or Analysis .......................................
...........
..
Item 50 —Returned Check Charges ..............................................................................
...........
..1
Item 51 -Restart Fees .................................................................................
............................
..2
Item 53 —Customer Prepayments ................................................................................
.........
..2
Item 70 -Return Trips ..............................................................................................
...............
..3
Item 80 Carryout Service ............................................................................
.........................
..3
Item 100 —Residential Monthly Rates ................................................................
.....................
..4
Charges and Rates ..................................................................................
.............................
..4
Item 150 -Units,Loose,and/or Bulky Material .......................................................
.................
..7
Item 160 —Time Rates .................................................................................
...........................
..8
Applying Time Rates ................................................................................
...........................
..8
Recording and Charging Rates .................................................................................
............
..8
Additional Disposal Fees ............................................................................
.........................
..8
Item 200 —-Application of Container andlor Drop Box Rates —General ..............9
Availability ............................................................................................
................................
..9
AIternate—SizedContainers and/or Drop Box Containers ..........................................
............
..9
Disposal Fees for Alternate-Sized Drop Box Containers ...........................................
............
..9
Rates for Partially Filled Containers and/or Drop Box Containers ......................................
...
..9
Rates for Compacted Materials .....................................................................
.......................
..9
Rates for Loose Material ..................................................................
....................................
..9
Permanent and Temporary Service .................................................................
.....................
..9
Item 205 —-Roll-Out Charges and Gate Charges -Carts and Detachable Containers ...............10
Charges for Carts and Containers ..................................................................
.....................
..10
Item 207 —Excess Weight —Rejection of Load,Charges to Transport ...................................
.
..1O
Weight Limits.........................................................................................
..............................
..10
Transporting Over?lled or OvenNeight Cart,Container,or Drop Box..............................
.....
..11
Item 210 Washing and Sanitizing Carts,Containers,and Drop Boxes ............................
.....
..11
Item 230 —Disposal Fees .............................................................................
..........................
..12
Item 240 —Container Service —Non-Compacted -Company—Owned ....................................
.
..13
Non-Compacted Company—Owned Commercial Cart .....................................................
....
..13
Exhibit C,Effective O1-01-2022 through 12-31-2022 Page 1 of 2
Page 109 of 338
Permanent Service Rates for the City of Pasco .................................................
..............
..13
Temporary Service Rates ...........................................................................
.........................
..13
Accessorial Charges .......................................................................
.....................................
..13
Non-Compacted Company-Owned Commercial Container ...............................................
..
..14
Permanent Service Rates ........................................................................
........................
..14
Special Pickup Rates ......................................................................
.....................................
..15
Temporary Service Rates ..................................................................
..................................
..15
Accessorial Charges .......................................................................
.....................................
..15
Item 255 —Container Service —Compacted -Customer-Owned ...............................
.............
..16
Permanent Service Rates ...........................................................
.........................................
..16
Accessorial Charges .......................................................................
.....................................
..17
Item 260 -Drop Box Service -Non-Compacted —Company-Owned ...............................
......
..17
Permanent Service Rates for City of Pasco ........................................................
.................
..17
Temporary Service Rates ............................................................................
........................
..18
Accessorial Charges .................................................................................
...........................
..18
Item 270 -Drop Box Service -Compacted —Customer-Owned ....................19
Permanent Service Rates ............................................................................
........................
..19
Accessorial Charges ..................................................................................
..........................
..19
Item 300 -List of Abbreviations and Symbols Used in this Exhibit C (N).............................20
Exhibit C,Effective 01-01-2022 through 12-31-2022 Page 2 of 2
Page 110 of 338
D
Item 5 —A lication of Rates —Taxes
Tax Description Amount of Tax Application (Commodities)
City of Pasco 1 Pasco UtilityTax 8.50%Applicable Customers —Revenue
State of
Washington WA Solid Waste Tax 3.60%Applicable Customers Revenue
Item 160 —Time Rates
Item 40—Material Re uirin S ecial E ui ment Precautions or Dis osal
—
Exhibit C,Effective O1-01-2023 through 12-31-2023 Page 1 of 20
Notes:
1)The City of Pasco UtilityTax of 8.5%is included in the rates de?ned within this Exhibit C.
2)The Washington State Solid Waste Tax will be applied as a line item to the rates de?ned
within this Exhibit C.
Transportation of solid waste requiring special equipment or precautions in handling or disposal
will be subject to Time Rates named in ,or to other speci?c rates
contained in this Exhibit C.
Contractor will make every effort to be aware of the commodities that require special handling at
the disposal sites.The Contractor shall maintain a list of those commodities and make it
available for public inspection at the Contractor's office.
When the Contractor or disposal facility determines testing and/or analysis of solid waste is
required to determine whether dangerous or prohibited substances are present,the actual cost
for such testing and/or analysis will be paid by the Customer.At the Contractor's election,they
may help provide the Customer with testing and/or analysis of the dangerous or prohibited
substance.If the Contractor elects to help with the testing and analysis,these costs will be
passed through to the Customer
If a Customer pays with a check and the Customer's bank refuses to honor that check,the
Customer will be assessed a returned check charge in the amount of $42.21
Item 45——MaterialRe uirin S ecial Testin and/or Anal sis
Taxing
Entity
Page 111 of 338
Item 51 —Restart Fees
Item 100 —Residential Monthl Rates
A restart fee willbe assessed on all Customers whose service is discontinued for non-payment
and who subsequently reinstate service.
Redelivery Restart Fee TotalTypeofcontainerComponentComponentRestart Fee
Cart:A restart fee will be assessed to
Cart Customers whose service is
suspended with Cart removed for $1328 $5234 $6562
non-payment 1
Container:A restart fee will be assessed
to Container Customers whose service is
suspended with the Container removed for
non-payment 1
$26.36 $52.34 $78.70
Drop Box Container:A restart fee will be
assessed to Drop Box Container
Customers whose service is suspended $66.35 $52.34 $118.69
with the Drop Box Container removed for
non-payment 1
Drop Box Compactor:A restart fee will
be assessed to Drop Box Compactor
Customers whose service is suspended N/A $5234 $5234
for non-payment 2
Notes:
1)Restart fee includes cost of delivery.
2)Restart fee excludes the cost of delivery for both Drop Box Compactor Containers and
small Container Compactors.
A prepayment of $35.00 willbe assessed to all ?rst time (new)Residential Customers.The
prepayment will be applied to the Customer's account in the event of non-payment,after one
year of service,or be returned to the Customer upon termination of the residential service.See
A prepayment equal to the ?rst month's cost of service willbe assessed to all ?rst time (new)
Commercial Customers.The prepayment will be applied to the Customer's account in the event
of non-payment,after one year of service,or be returned to the Customer upon termination of
the commercial service.See
and
A prepayment of $250.00 will be assessed to ?rst time (new)Drop Box Customers.The
prepayment will be applied to the Customer's account in the event of non-payment,after one
Exhibit C,Effective O1-01-2023 through 12-31-2023 Page 2 of 20
Item 240 —Container Service —-Non-Com acted —Com an -
Owned Item 255 -Container Service —Corn acted —Customer-Owned
Item 53 —Customer Pre a ments
Page 112 of 338
UU
Item 260 -Dro Box Service —Non—Com acted —Com an -Owned Item 270 —Dro Box
Service -Com acted —Customer-Owned
item 240 —Container Service —Non-Com acted —
Com an -Owned Item 260 —Dro Box Service —Non-Com acted —Com an -Owned
Item 100 —Residential Monthl Rates Item 240 —Container Service —Non-Com acted
—Com an -Owned Item 255 —Container Service —Com acted -Customer-Owned
Item 260 —Dro Box Service —Non-Com acted —Com an -Owned
Item 270 —Dro Box Service —Com acted —Customer-Owned
Item 80 —Car out Service
1)Return trips requiring special dispatch of a truck are considered special pickups.See
5
year of service,or be returned to the Customer upon termination of the Drop Box service.See
and
A prepayment will be assessed for each temporary service at the time the Customer signs up
for the temporary service.The prepayment will be applied to the Customer's account upon
termination of the temporary service.See
and
When the Contractor is required to make a return trip that does not require the special dispatch
of a truck,to pick up material that was unavailable for collection for reasons under the control of
the Customer,or if the Customer requests to have a Cart,Container,or Drop Box Container
moved or relocated,the following additional charges,per pickup,will apply-
Type of Container Rate
Residential/Commercial Cart (64-Gallon and 96-Gallon)1 $13.28
Detachable Container 1 $26.36
Drop Box Container 1 $66.35
Exhibit C,Effective O1-01-2023 through 12-31-2023 Page 3 of 20
Carts/Units that must be carried out over 5 feet but not over 25 $3 92
The following additional charges willapply when Customers request that Contractor personnel
provide carryout service for Carts and/or Units not placed at the curb,the alley,or other point
where the Contractor's vehicle can be driven to within ?ve feet of the Carts and/or Units using
improved access roads commonly available for public use.Driveways are not considered
improved access roads commonly available for public use.
Rate
Charge for Carryout Service 1 Residential/Commercial
Per Unit,Per Pick Up
feet
,and
Note:
Item 70 —Return Tri s
Page 113 of 338
Rate
Charge for Carryout Service 7 Residential/Commercial
Per Unit,Per Pick Up
For each additional 25 feet,or fraction of 25 feet,add $3.92
1)Contractor's collection of solid waste placed outside of the 96-Gallon Residential Cart
shall be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each unit of solid waste not provided in this manner for collection
shall be subject to the solid waste unit rates set forth in
Frequency Garbage Recycle Green WasteNumberofUnitsofServiceServiceServiceorTypeofResidentialCartsserviceRateRateRate
(1)64-Gallon Residential Cart
(Senior/Low Income)Only WG $1199 N/A N/A
(1)96-Gallon Residential Cart‘WG $24.02 N/A NIA
(1)Multi Family/Duplex 96-Gallon
Residential Cart ‘WG $24'02 N/A N/A
Each Additional 96-Gallon Residential WG $2 47 N/A N/ACan‘
Note:
Bulk Material
Charges and Rates
Exhibit C,Effective 01-O1-2023 through 12-31-2023 Page 4 of 20
Prepayment
Restart Charge 2
Additional Pickup 64-Gallon 4 (Senior/Low Income/Disabled only)
Additional Pickup 96-Gallon 4
Special Pickup 64-Gallon 4 (Senior/Low Income)
Rate
$35.00
$52.34
$2.77
$5.55
$16.05
Type of Charge
Frequency of Sen/ice Codes:WG=WeekIy Garbage;N/A=Service is not currently available.
Item 150 —Units Loose and/or
1)Carryout service is provided to disabled Residential Customers free of charge.
Item 100 -Residential Monthl Rates
Note:
Page 114 of 338
Type of Charge
Item 53 —Customer Pre a ments
Char es
Item 50 —Returned Check
V Item 70 —Return s
Rate
Special Pickup 96-Gallon 4 $18.83
Return Trip Charge 5 $13.28
Returned Check Charge '5 $42.21
Carryout Service7 (per Cart,per pick up,up to 25 feet)$3.92
Replacement Cart Charge 5 $100.46
Freon Discharge Fee (appliances containing freon)9 $69.40
Passenger Tire Charge 1°Item
Passenger Tire with Rim Charge 1°Item
Notes:
1)
2)
4)
5)
6)
7)
3)
Exhibit C,Effective 01-01-2023 through 12-31-2023
A prepayment charge of $35.00 will be assessed to a first time (new)Residential
Customer.The prepayment will be applied to the Customer's account in the event of
non-payment,after one year of service,or be returned to the Customer upon termination
of the residential service.See
A restart charge of $65.62 will be assessed on all Residential Customers whose service
is discontinued for non-payment and who subsequently reinstate services.See
Contractor's collection of Solid Waste placed outside of the 96-gallon Residential Cart
shall be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each Unit of Solid Waste not provided in this manner for collection
shall be subject to the Solid Waste Unit rates set forth on
A special pickup is the total of each additional pickup rate plus
Additional pickup is calculated by taking weekly service and dividing by 4.33.
If the Customer requests the Contractor to make a return trip due to no fault of
Contractor,Contractor shall be permitted to charge the Customer a return trip charge.
See
If a Customer pays with a check and the Customer’s bank refuses to honor that check,
the Customer will be assessed a returned check charge.See
Additional charges will apply when Customers request that Contractor provide carryout
services.See
If a particular Customer repeatedly damages a Residential Cart or requests more than
one replacement Residential Cart during the term of the Contract due solely to that
Customer’s negligence or intentional misuse,the Contractor may charge the Customer a
replacement cart charge.If Customer does not return the Residential Cart upon
Page 5 of 20
Item 80 —Car out Service
Item 51 —Restart Fees
Item 150 —Units Loose
andlor Bulk Material
Item 70 —Return Tri s
Page 115 of 338
termination,or service is shut off for non-payment and they refuse to surrender the
Residential Cart,a replacement cart charge will be charged.
9)If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer willbe charged a freon discharge fee.See
10)A Residential Customer is entitled to have four passenger tires collected and disposed of
from the Residential Customer’s private automobile only.In the event Contractor
believes that a Residential Customer is attempting to dispose of quantities of passenger
tires more than what a typical Residential Customer would generate,Contractor shall
require Customer to pay rates provisioned in
.Residential service does not include the collection and disposal of truck,semi
or tractor tires.
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 6 of 20
Item 150 —Units Loose and/or
Bulk Material
Item 150 —Units Loose and/or Bulk
Material
Page 116 of 338
Item 150 —Units Loose and/or Bulk Material
NIA $16.56
Minimum Charge Per
PickupDescription
B:'i‘td,‘§VaS‘e$1.94 $4.93 unit $1.94 $4.93
,B,‘3"kyMate”a'S $9.00 $18.43 cubic yard $9.00 $13.43
Appliances
without freon,$0.00 $16.56 item
furniture Items 4
Freon .
Discharge Fee $69.40 $90.53 Item $69.40 $90.53
Passenger .
Tires 5 $4.44 $5.80 Item $4.44 $5.80
Passenger
Tires with Rims $8.25 $10.77 item $8.25 $10.77
5
Truck Tires $5.71 $7.45 item $5.71 $7.45
Em"Tires with $9.52 $12.42 item $9.52 $12.42
lmS
Semi Tires $12.64 $16.48 item $12.64 $16.48
2.3"”“'95 with $15.45 $21.45 item $16.45 $21.45
liTlS
Notes:
1)
2)
3)
Exhibit C,Effective 01-01-2023 through 12-31-2023
Solid waste units and bulky materials charges for Residential Customers only apply
when items are not properly contained for collection as de?ned in the relevant section of
the Agreement.See Notes 2 and 3 for definition of sizes and containment of solid waste
units and bulky material.
A solid waste unit is de?ned in the Comprehensive Solid Waste Agreement,but
generally means any individual receptacle,can,plastic bag,cart,box,carton,or other
container that does not hold more than 32 gallons,or 4 cubic feet of solid waste,and
which does not weight more than 65 pounds when filled.
Bulky material means bags,boxes,bundles;or empty carriers,cartons,crates,or
materials offered for disposal all of which may be readily handled without shoveling (not
loose,uncontained materials).Individual items shall not exceed two feet by two feet by
?ve feet (2'x 2‘x 5')in dimension,and not weigh more than 65 pounds.
Page 7 of 20
Residential Commercial Rate Per Residential Commercial
Rate
Page 117 of 338
4)
5)
Residential Customers may dispose of refrigerators,freezers.or other appliances
containing freon with a fee sufficient to cover the Contractor’s cost of properly abating
the freon components pursuant to applicable law,or such appliances without a fee if
they do not contain freon and the Residential Customer submits to the Contractor proper
certi?cation of professional evacuation of such freon components.
In the event Contractor believes that a Residential Customer is attempting to dispose of
quantities of passenger tires more than what a typical Residential Customer would
generate,Contractor shall require Customer to pay rates provisioned in
Item 160 —-Time Rates
Applying Time Rates
$57.30 $57.30
$57.30 $57.30
Type of Equipment
ordered
Single rear drive axle $74.99
Tandem rear drive axle $114.60
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 8 of 20
Time Rates named in this item apply in the following situations:
a)Material must be taken to a special site for disposal.
b)Contractor's equipment must wait at,or return to,a Customer's site to provide scheduled
service due to no disability,fault,or negligence on the part of the Contractor.Actual
waiting time or time taken in returning to the site will be charged for.
c)Customer orders a single,special,or emergency pickup,or when other items in this
Exhibit C refer to
Time must be recorded and charged to the nearest increment of 15 minutes.Time rates apply
for the period from the time the Contractor's vehicle leaves the terminal,until it returns to the
terminal,or when it leaves its pre-scheduled route and drives towards the Customer's site,
excluding interruptions.An interruption is a situation causing stoppage of service that is in the
control of the company and not in the control of the Customer.Examples include work breaks,
breakdown of equipment,and similar occurrences.
Disposal site or facility use may apply additional fees as described in
in addition to time rates.
Additional Disposal Fees
Item 230 —Dis osal Fees
Recording and Charging Rates
Rate Per Hour
Truck and Driver Each Extra Person Minimum Charge
Item 150 -Units Loose and/or Bulk Material
—
Page 118 of 338
DD
Availabilit
Item 200 —A Iication of Container and/or Dro Box Rates —General
Rates for Partially Filled Containers and/or Drop Box Containers
Contractor must maintain a supply of all sizes of Containers and Drop Box Containers for which
rates are listed in this Exhibit C.If a Customer requests a Container or Drop Box Container of a
size listed in the Contractor's Exhibit C,and the Contractor is unable to provide the requested
size within 7 days of the Customer request,the Customer must be notified in writing or by
telephone.
If the Contractor cannot provide the requested size Container or Drop Box Container (and that
size is listed in this Exhibit C),the Contractor must provide alternate-sized Containers or Drop
Box Containers,suf?cient to meet the capacity originally requested by the Customer,at the
same rates as would have applied for the requested Container or Drop Box Container.
If the Contractor provides alternate-sized Drop Box Containers,the Customer is responsible for
all applicable disposal fees resulting from the use of the alternate Drop Box Containers.
Full pickup and rental rates apply regardless of the amount of waste material in the Container or
Drop Box Container at pick up time.
Rates for compacted material apply only when the material has been compacted before it is
picked up by the Contractor.
Loose material dumped into the Contractor's packer truck is subject to the rates for
non-compacted material even though the material may be compacted later in the packer truck.
The following rules apply:
a)If a Customer requests a Container or Drop Box Container for less than 90 days,the
Customer will be billed at temporary service rates.
b)If a temporary service Customer noti?es the Contractor that it has decided to retain the
Container or Drop Box Container for more than 90 days,permanent service rates will be
assessed from the 91st day until the end of the period the Customer retains the
Container or Drop Box Container.
c)If a Customer requests a Container or Drop Box Container for more than 90 days,the
Customer will be billed under permanent rates.If that Customer cancels service before
the end of the 90-day period,the Contractor may not rebill the Customer at temporary
service rates.The intent of the Customer at the time service was requested applies.
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 9 of 20
Rates for Compacted Materials
Rates for Loose Material
Permanent and Temporary Service
Alternate-Sized Containers and/or Drop Box Containers
Disposal Fees for Alternate-Sized Drop Box Containers
Page 119 of 338
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable
Containers
Charges for Carts and Containers
The Contractor will assess ro|l—out charges where,due to circumstances outside of the control
of the Contractor,the Contractor is required to move the Cart or Container more than ten (10)
feet,but less than twenty (20)feet,to reach the truck.
The Contractor willassess a gate charge where the driver is required to unlock a container or
looking bar,open and/or unlock an enclosure,or open a gate to access a Cart or Container.
Charge Type Rate Unit
Roll-Out Cart $3.92 per Cart,per pickup
Roll-Out Container $3.92 per Container,per pickup
Gate Charge $3.92 per pickup
Weight Limits
Item 207 —Excess Wei ht —Re'ection of Load Char es to Trans ort
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 10 of 20
The Contractor reserves the right to reject pick up of any Container,Stationary Packer,or Drop
Box Container which,upon reasonable inspection:
1)Appears to be overloaded.
2)Would cause applicable vehicle load limitations to be exceeded.
3)Would cause the company to violate load limitations or result in unsafe vehicle
operation.
4)Would negatively impact or otherwise damage road surface integrity.
5)Contains anything that appears not to be Municipal Solid Waste (MSW)or could do
damage to the vehicle.
For the purposes of this Exhibit C,the following maximum weights apply"
Page 120 of 338
I\
120 pounds
180 pounds
Detachable Containers —1.5 to 8 cu yds 1,200 pounds
Drop Boxes —All Sizes 20,000 pounds
Typelsize of Container,Drop Box,or Maximum Weight Allowance per Receptacle
Cart (in pounds)
Carts —64-Gallon
Carts —96-Gallon
Carts —Sizes
Note:
1)If a Drop Box Container is hauled and the weight exceeds the legal limit identified in
,the Contractor wil
lassessanadditionalchargepertonforanyweightoverthelimit.See
If the Cart,Container,or Drop Box Container exceeds the limits stated above,is ?lled beyond
the marked ?ll line,or the top is unable to be closed,but the Contractor transports the materials,
the following additional charges will apply.
Typelsize of Container,Drop Box,or Cart Charge Unit
$6.22 per pickup
Detachable Non-Compact Containers —1.5 to 8 cu yds $18.43 per yard
Detachable Compact Containers —-1.5 to 8 cu yds $36.85 per yard
Drop Box Containers All Sizes 1 $27.70 per haul (C)
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 11 of 20
Upon Customer request,the Contractor will provide washing and sanitizing service at the
following rates:
Item 207 —Excess Wei ht —Re ection of Load Char es to Trans ort
Item 230 —Dis osal Fees
Item 210—Washin and Sanitizin Carts Containers and Dro Boxes
Transporting Overfilled or Oven/veight Cart,Container,or Drop Box
Page 121 of 338
Item 230 —Dis osal Fees
Item 100 —Residential Monthl Rates
Disposal Fee
$63.87
N/A
N/A
Size or Type of Container or Drop Box gilgzgynz?i
Steam Cleaning -Residential Cart 2 ltem
Steam Cleaning —Detachable Container 1 $26.36
Steam Cleaning —Drop Box 1 $66.35
Note:
Steam Clean
Component
Item
$22.50
$54.88
Total
Steam Clean
Charge
Item
$48.86
$121.23
1)At Customer request,Contractor shall clean Detachable Containers and Drop Box
Containers at no additional cost,not more often than once per year.If Customer
requests to have Detachable Container or Drop Box Container cleaned more often than
once per year,
rates will apply.The rate for washing and sanitizing Detachable Containers and Drop
Box Containers includes the fee for delivering the newly cleaned Detachable Container
or Drop Box Container back to the Customer's location.
2)See
Charges herein apply when other items in this Exhibit C speci?cally refer to this
Item 207 —Excess Wei ht —Reaction of Load Char es
to Trans ort Item 260 —Dro Box Service —Non-Com acted —Corn an -Owned
Item 270 —Dro Box Service —Com acted —Customer-Owned
Item 150 —Units Loose and/or Bulk Material
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 12 of 20
Municipal Solid Waste 1'2
Green Waste 3
Commingled Recycle 3
Notes:
1)The disposal fee includes the Pasco UtilityTax of 8.5%
2)Disposal fees for MSW apply to
,and possibly
,if the material can reasonably be
weighed.
3)Disposal fees for Green Waste and Commingled Recycle materials are only applicable if
speci?cally authorized by the Agreement.During the effective dates of this Exhibit C,
disposal fees for green waste and commingled recycle are not authorized by the
Agreement.
Type of Material
Item 230 —Dis osal Fees
Item 210—Washin and Sanitizin Carts Containers and Dro Boxes
100
Page 122 of 338
Non-Compacted Company-Owned Commercial Cart
Item 240 —Container Service —Non-Com acted —Com an
Temporary Service Rates
Delivery
Per Pick Up Rate
Rent Per Calendar Day
Prepayment 3
Temporary Service 64-Gallon Cart
$13.28
$9.12
$6.95
$125.00
300-Gallon96-Gallon Cart Container (N)
$13.28 $26.36
$16.90 $59.43
$6.95 $6.95
$125.00 $125.00
300-Gallon64-Gallon Cart 96-Gallon Cart container(N)Permanent Service 1-2-3
Pickup -one time per week $28.25 $52.27 N/A
Pickup -two times per week $56.50 $104.54 N/A
Special Pickups 4 $19.80 $25.35 N/A
Additional Pickup 4 $6.52 $12.07 N/A
Return Trip Charge 5 $13.28 $13.28 N/A
Restart Charge 5 $118.69 $52.34 N/A
Prepayment 3 $250.00 $250.00 N/A
Item 80 —Car out Service
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable Containers
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 13 of 20
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge will be assessed on each pickup where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
b)Additional charges will apply when a Customer requests that Contractor provide
Carryout Service.See
Notes:
1)Rates are stated per Commercial Cart,per month.
2)Permanent service is de?ned as no less than scheduled,every week pickup.Customer
will be charged for service requested,even if fewer Containers are serviced on a
particular trip.No credit will be given for partially ?lled Containers.
Accessorial Charges
Permanent Service Rates for the City of Pasco
Page 123 of 338
3)
4)
5)
5)
7)
8)
9)
Permanent Service:A prepayment will be assessed to all ?rst time (new)Commercial
Customers.The prepayment will be applied to the Customer's account in the event of
non-payment,after one year of service,or be returned to the Customer upon termination
of the commercial service.
A Special Pickup requires the special dispatch of a truck and is the total of each
Additional Pickup rate plus a Return Trip charge.See .Additional
pickup is calculated by taking weekly service rate and dividing by 4.33.
If the Customer requests the Contractor to make a Return Trip due to no fault of
Contractor,the Return Trip charge shall apply.See
Restart subject to
Additional charges will apply when a Customer requests that
Contractor provide carry-out services.See
A prepayment willbe assessed to all Customers requesting temporary service carts.
Temporary service shall apply for all service requests that do not exceed ninety (90)
consecutive days in any calendar year.If the Customer requires a Cart for a longer
period,the Contractor may require the Customer to select the appropriate commercial
service plan.
10)The prepayment willbe applied to the Customer's account upon termination of the
temporary service as a credit against amounts owed to the Contractor.
11)If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
Non-compacted material rates are stated per Commercial Container per month within the city of
Pasco.
Permanent Size or Type of Container
'1 ,2S°""°°1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
Pickup -One
Time per Week $143.22 $169.26 $195.29 $240.86 $305.97 $390.60
Pickup -Two
Times per Week $276.02 $325.49 $377.56 $475.23 $605.41 $761.65
Pickup -Three
Times per Week $416.64 $466.25 $566.36 $703.06 $696.36 $1,145.74
P‘°"”'°‘F°“'$553.35 $644.46 $742.12 $917.91 $1,164.61 $1,497.26TimesperWeek
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 14 of 20
Item 150 —Units Loose and/or
Bulk Material
Non-Compacted Company—Owned Commercial Container
Permanent Service Rates
Item 70 —Return Tri s
Item 70 —Return Tri s
Item 51 —Restart Fees
Item 80 —Car out Service
Page 124 of 338
Permanent Size or Type of Container
5°’‘’‘°°1'2 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 3 Yard
Pickup —Five
Times perweek $677.04 $794.21 $917.91 $1,132.72 $1,484.26 $1,855.31
Temporary Service Rates
Size or Type of Container
1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
Delivery N/A N/A $26.36 $26.36 $26.36 $26.36
pickup Rate N/A N/A $71.93 $84.94 $104.48 $130.53
Rent Per
Calendar Day N/A N/A $6.95 $6.95 $6.95 $6.95
Prepayment 3 N/A N/A $1 $125.00 $125.00
Size or Type of Container
1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
Special Pickups 4 $59.44 $65.45 $71.46 $81.99 $97.02 $116.57
Service
Return
Trip Charge $26.36 $26.36 $26.36 $26.36 $26.36 $26.36
Additional
Pickup $33.08 $39.09 $45.10 $55.63 $70.66 $90.21
Restart Charge‘$52.34 $52.34 $52.34 $52.34 $52.34 $52.34
Item 205 -Roll-Out Char es and Gate Char es —Carts and Detachable Containers
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 15 of 20
Accessorial charoes include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge willbe assessed on each pick-up where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
b)A return trip charge willbe assessed when the Contractor is required to make a return
trip that does not require the special dispatch of a truck,to pick up a Cart,Container,or
solid waste material or unit(s)that was unavailable for collection for reasons under the
control of the Customer.See
c)if Customer requires a Locking Container,a one-time fee of $1 14.60 will be assessed.
Item 70 —Return Tri s
Temporary
Service
Accessorial Charges
Special Pickup Rates
Page 125 of 338
Page 126 of 338
Permanent Size or Type of Container
S°"”°°1
2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
Restart Charge 3 $52.34 $52.34 $52.34 $52.34 N/A
Permanent Service Rates for City of Pasco
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)
b)
Notes:
1)
2)
3)
4)
A gate charge will be assessed on each pickup where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
A return trip charge willbe assessed when the company driver is required to make a
return trip that does not require the special dispatch of a truck,to pick up a Cart or
material that was unavailable for collection for reasons under the control of the
Customer.See
A disconnect/reconnect fee of $3.91 per pickup willbe assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Permanent service is de?ned as no less than scheduled,every week pickup.Customer
will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit willbe given for partially ?lled containers.
Special pickup is the total of each additional pickup rate plus
Service restart subject restart fees.See
If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
Non-Compacted Material Rates are stated per Drop Box,per pick-up.
Size or Type of ContainerPermanent
S°""°°2
11 and 15 Yard 20 Yard 30 Yard 40 Yard 50 Yard
Delivery Charge $66.35 $66.35 $66.35 $66.35 $66.35
Haul charge $168.88 $174.92 $130.94 $193.01 $205.07
Trip charge $66.35 $66.35 $66.35 $66.35 $66.35
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 17 of 20
Item 70 —Return Tri s
Item 51 —Restart Fees
Item 150 —Units Loose andlor
Bulk Material
Item 260 -Dro Box Service —Non-Com acted -Com an -Owned
Accessorial Charges
Item 205 —Ro||—Out Char es and Gate Char es —Carts and Detachable Containers
Item 70 —Return Tri s
Page 127 of 338
Permanent
Service 2
Restart fee 5
Prepayment 7
Minimum Monthly
Charge 3
Mileage Charge 6
Temporary
Service 4
Delivery Charge
Haul Charge
Trip Charge
Daily Rental
Charge
Prepayment 7
Mileage Charge 5
11 and 15 Yard
$52.34
$250.00
$168.88
11 and 15 Yard
$66.35
$169.18
$66.35
$9.05
$250.00
Size or Type of Container
20 Yard 30 Yard 40 Yard
$52.34 $52.34 $52.34
$250.00 $250.00 $250.00
$174.92 $180.94 $193.01
$3.91/mile
Size or Type of Container
20 Yard 30 Yard 40 Yard
$66.35 $66.35 $66.35
$175.19 $181.23 $193.30
$66.35 $66.35 $66.35
$9.05 $9.05 $9.05
$250.00 $250.00 $250.00
$3.91/mile
50 Yard
$52.34
$250.00
$205.07
50 Yard
$66.35
$205.37
$66.35
$9.05
$250.00
Item 70 —Return Tri s
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 18 of 20
2)Permanent service means Drop Box service provided at Customer's request for more
than 90 days.
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge will be assessed on each pick up where the driver is required to unlock a
container,locking bar,enclosure or open a gate in order to access a Cart or Container.
See
b)A trip charge will be assessed when the company driver makes a trip to the Customer's
location,but due to reasons under the control of the Customer,was not able to complete
the haul.See
Notes:
1)Rates in this item are subject to disposal fees named in
I
Item 150 -Units Loose and/or
Bulk Material item 207 —Excess Wei ht —Re ection of Load Char es to Trans ort
Item 230 —Dis osal Feesand
Accessorial Charges
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable
Containers
Temporary Service Rates
Page 128 of 338
Item 270 —Dro Box Service —Com acted —-Customer-Owned
Bulk Material
Item 150 —Units Loose and/or
Size or Type of Container
11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard
3)For permanent service accounts,if a Drop Box is retained by a Customer for a full month
and no pickups are ordered,a minimum monthly rent charge willbe assessed.
4)Temporary service means providing Drop Box service at the Customer's request,for a
period of 90 days or less.
5)Restart subject to
6)Rates named in this item apply for all hauls within the city limits of Pasco,to the disposal
site.Any miles driven outside the city limits of Pasco will be charged at $3.91 per mile.
Mileage charge is in addition to all regular charges.I
7)A prepayment will be assessed on permanent and temporary service accounts as noted
above.The prepayment willbe applied to the Customer's account in the event of non-
payment or be returned to the Customer upon termination of service.For permanent
Drop Boxes,the prepayment will be applied to Customer account upon termination or
after one year
8)If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
Compacted material rates are stated per Drop Box,per pickup for the city of Pasco service
area.
$3.91/mile
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 19 of 20
Delivery Charge
Haul Charge
Trip Charge
Prepayment 3
Restart Charge 2
Mileage Charge
N/A
$208.20
$66.35
$250.00
$52.34
$208.20
$66.35
$250.00
$52.34
N/A
$208.20
$66.35
$250.00
$52.34
N/A
$208.20
$66.35
$250.00
$52.34
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
Accessorial Charges
Permanent Service
Permanent Service Rates
N/
Item 51 —Restart Fees
Page 129 of 338
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable Containers
Item 51 —Restart Fees
Item 230 —Dis osal Fees
Exhibit C,Effective 01-01-2023 through 12-31-2023 Page 20 of 20
Notes:
1)
2)
3)
4)
A gate charge willbe assessed on each pick up where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
A Compactor disconnect/reconnect charge of $3.91 per haul will be assessed when
Drop Boxes with compactors require connecting or disconnecting.
A trip charge willbe assessed when the company driver makes a trip to the Customer's
location,but due to reasons under the control of the Customer,was not able to complete
the haul.See
A turn around charge of $36.17 per haul will be assessed when company driver must
turn the Drop Box around to empty and/or re-connect the Drop Box.
Rates named in this item apply for all hauls within the city limits of Pasco,to the disposal
site.Any miles driven outside the city limits of Pasco will be charged $3.91 per mile.
Mileage charge is in addition to all regular charges.
Rates in this item are subject to disposal fees named in
Restart subject to
A prepayment willbe assessed on all (new)Drop Box Compactor service accounts as
noted above.The prepayment will be applied to the Customer's account in the event of
non-payment or be returned to the Customer after one year.
If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
(N)
(C)Denotes changes in wording
(N)Denotes new rates,services,or rules
(N/A)Denotes not available
***denotes that material previously shown has been deleted
Yd.Or yd.Are abbreviations for yard
Cu.Or cu.Are abbreviations for cubic
Item 150 —Units Loose and/or
Bulk Material
Item 300 —List of Abbreviations and S mbols Used in this Exhibit C
Item 70 —Return Tri s
Page 130 of 338
AGENDA REPORT
FOR: City Council November 15, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution No. 4274 - Bid Award for Fire Station No. 85 Construction
I. REFERENCE(S):
Resolution
Fire Station No. 85 Construction - Bid Tabulation
Fire Station No. 85 Architect Rendering Photo
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4274, awarding Bid No. 21199-B,
for the Fire Station No. 85 construction with G2 Commercial Construction Inc,
and further, authorize the City Manager to execute the contract documents and
allowing all necessary budget adjustments.
III. FISCAL IMPACT:
$7,519,322.50 including WA State Sales Tax
IV. HISTORY AND FACTS BRIEF:
To meet the demands of current and projected growth in the northwest area of
Pasco an additional fire station is needed to serve the west side of the City.
Consistent with this adopted strategy, the City acquired property on Road 100
and Maple Drive three years ago.
The 2023-2024 Biennial Budget allocated funds for design of proposed Station
No. 85, and Council subsequently authorized a design contract for the station.
For strategic reasons, the project was broken into two (2) phases. Phase 1 is
nearing completion which included widening Road 100, realigning the Maple
Drive intersection and burying the utilities.
Phase 2 is the construction phase.
Page 131 of 338
Project bids were opened on October 11, 2022.
V. DISCUSSION:
Bids for Fire Station No. 85 Construction were opened on October 11, 2022.
Three (3) bids were received with G2 Commercial Construction, Inc as the lowest
responsive bidder in the amount of $6,917,500.00 plus $601,822 .50 WA State
Sales Tax, for a total including tax of $7,519,322.50.
The Engineer's estimate for the project was $8,324,650.91 including WA State
Sales Tax, reflecting the volatility of labor and materials.
Upon a thorough review of the bids by the consultant team and Staff, Staff
recommends award of the project to G2 Commercial Construction, Inc. in the
amount of $7,519,322.50.
This item was presented to Council at their November 14, 2022, Workshop.
Page 132 of 338
Resolution – Bid Award for Fire Station No. 85 - 2
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AWARDING BID NO. 21199-B, FOR THE FIRE STATION NO. 85
CONSTRUCTION WITH G2 COMMERCIAL CONSTRUCTION, INC., AND
FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY
BUDGET ADJUSTMENTS.
WHEREAS, this project includes construction of Fire Station 85; and
WHEREAS, the City solicited sealed public bids for this project, identified as the Fire
Station No. 85 construction project; and
WHEREAS, on October 11, at 2:00 p.m., three (3) bids were received and opened by the
City; and
WHEREAS, the lowest responsive bidder was G2 Commercial Construction, Inc. with
a Bid of $7,519,322.50, the Engineer’s Estimate was $8,324,650.91; and
WHEREAS, the bid documentation was reviewed, and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the Fire Station No. 85 Construction project to G2 Commercial
Construction, Inc in the amount of $7,519,322.50 including Washington State Sales Tax; and
Be It Further Resolved that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
____________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 133 of 338
Bid Tabulations - Fire Station 85
Project #21199B
Bid Date: October 11, 2022
Contractor:Contractor:Contractor:
A/E's Estimate
Item
No.Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
1 Base Bid (without sales tax)1 LS $ 7,657,372.50 $ 7,657,372.50 $ 6,917,000.00 6,917,000.00$ 6,948,000.00$ 6,948,000.00$ 7,239,358.33$ 7,239,358.33$
2
Bid for Trench Excavation Safety Systems (Lump Sum without sales
tax). Bidder must bid a lump sum dollar amount reflection the cost of
this item in order for the bid to be responsive.
1 LS $ 1,000.00 $ 1,000.00 $ 500.00 500.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$
3 Base Bid (Lump Sump Bid plus Trench Excavation Safety Systems) -
(without sales tax)1 LS $ 7,658,372.50 $ 7,658,372.50 $ 6,917,500.00 6,917,500.00$ 6,949,000.00$ 6,949,000.00$ 7,240,358.33$ 7,240,358.33$
Subtotal:7,658,372.50$ 6,917,500.00$ 6,949,000.00$ 7,240,358.33$
Subtotal:7,658,372.50$ 6,917,500.00$ 6,949,000.00$ 7,240,358.33$
WA St Sales Tax (8.7%):666,278.41$ 601,822.50$ 604,563.00$ 629,911.17$
GRAND TOTAL:8,324,650.91$ 7,519,322.50$ 7,553,563.00$ 7,870,269.50$
Contractor:Contractor:Contractor:
A/E's Estimate
Item
No.Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount
1 Unit Price No. 1 (Unit Price/Bank cubic yard for Over-Excavation and
replacement of Unsuitable Soil 1 LS $ 100.00 $ 100.00 $ 118.00 118.00$ 42.00$ 42.00$ 100.00$ 100.00$
10.11.2022 Robert W. Gear
Date Project Manager
G2 Commercial Construction, Inc.Fowler General Construction DGR Grant Construction, Inc.
G2 Commercial Construction, Inc.Fowler General Construction DGR Grant Construction, Inc.Page 134 of 338
85 Page 135 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4275 - Amendment No. 3 to Interlocal Agreement with Port
of Pasco for Argent Road Project
I. REFERENCE(S):
Resolution
Amendment No. 3 (proposed)
Interlocal Agreement (ILA)
Amendment 1 & 2
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4275, authorizing the Interim City
Manager to execute Amendment No. 3 for the Interlocal Agreement with the Port
of Pasco relating to the Argent Road Project.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City), Columbia Basin College, and the Port of Pasco (Port)
have partnered to provide necessary improvements to the Argent Road corridor
from 20th Avenue up to, and including, the intersection at Road 36.
These improvements will add width and frontage enhancements, including
curb/gutter and sidewalk, as well as intersection improvements to this critical
transportation corridor.
Argent Road Improvements between Road 36 and 20th Avenue have been
delineated into three phases of work to expedite construction of priority
segments of the project. The first phase constructed improvements on Argent
Road from Saraceno Way/Varney Lane to 20th Avenue. Phase 2 will improve
Page 136 of 338
the intersection at Argent Road and Road 36 and is currently in the final s tages
of construction. Phase 3 will construct improvements from Saraceno
Way/Varney Lane to Road 36. Phase 3 of the project is currently in the design
phase with an anticipated bid date of early 2023.
On February 21, 2020, Council approved and authorize d the City Manager to
execute the Interlocal Agreement (ILA) with the Port to implement certain
aspects of the project.
On October 8, 2020, Council approved Amendment No. 1 to the ILA with the
Port modifying the previously approved ILA to allow the Port t he option to
immediately pay the balance of Port committed funds in full. Previously the ILA
established a ten-year payback period. Additionally, Amendment No.1 modified
and clarified the amount of donated right-of-way to the project to include
necessary property on the northeast corner of 20th Avenue and Argent Road.
On August 25, 2021, Council approved Amendment No. 2 to the ILA with the
Port modifying the terms of the agreement to extend the ILA between the Port
and the City. Originally, the agreement expired August 31, 2021. The revised
agreement extends the completion of all three (3) phases of the project to
December 31, 2024.
Amendment No. 3 (proposed) to the ILA will identify the additional donated right -
of-way and temporary construction easements required for the construction of
the proposed improvements. This additional donation is in addition to the already
committed funds of $1,500,000 by Port of Pasco.
This donation is pending on the Federal Aviation Administration (FAA) approval,
which is anticipated. Subsequent to FAA approval the Port of Pasco will submit
a signed copy to the City for execution. Staff is requesting Council approval in
advance of the Port’s signature to authorize the Interim City Manager to execute
the amendment once final approvals are authorized by the FAA.
V. DISCUSSION:
This item was discussed at the November 14, 2022, Council Workshop. Staff
recommends the execution of Amendment No. 3 of the ILA with the Port of Pasco
relating to the Argent Road project contingent on FAA approval.
Page 137 of 338
Resolution - Port of Pasco ILA Amendment No. 3 - 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 FOR THE INTERLOCAL AGREEMENT (ILA) WITH
THE PORT OF PASCO (PORT) RELATING TO THE ARGENT ROAD
PROJECT.
WHEREAS, the City of Pasco (City) together with the Port of Pasco (Port) and Columbia
Basin Community College (CBC), also known as stakeholders, have collaborated to undertake
improvements to Argent Road, from 20th Avenue up to and including the intersection at Road 36
(“the project”); and
WHEREAS, on February 21, 2020, the City and the Port entered into an Interlocal
Agreement (the “Agreement”) for the Argent Road Project, Phase 1, No. 12001; and
WHEREAS, on October 8, 2020, the City and the Port entered into Amendment No. 1 to
provide for payment in full by the Port prior to the completion of the project Agreement for Argent
Road Project, Phase 1, No. 12001; and
WHEREAS, on August 16, 2021, the City and the Port entered into Amendment No. 2 to
extend the ILA between the Port and the City through the completion of all phases of the Argent
Road project, modifying subsection 3 TERM of the Agreement as follows: “and all improvements,
conveyances and obligations of the parties for Phases 1 – 3 of the Project shall be complete on or
before December 31, 2024.”
WHEREAS, the parties hereto desire to further modify the Agreement to adjust the
donated right-of-way to the Project for the benefit of the Airport to include right-of-way with a
fair market value of $65,558 (0.86 Acres as $76,230/Acre), and temporary construction easements
of 1.2 Acres to construct improvements. This donation is in addition to the committed funds of
$1,500,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the subject agreement is amended and will be modified as described within Exhibit
A attached hereto to adjust the donated right-of-way.
Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Amendment No. 3 on behalf of the
City of Pasco.
Page 138 of 338
Resolution - Port of Pasco ILA Amendment No. 3 - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of
___________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 139 of 338
Amendment No. 3 – ILA Between Port and City
Argent Road Project - 1
AMENDMENT NO. 3 TO INTERLOCAL AGREEMENT BETWEEN THE PORT OF
PASCO AND THE CITY OF PASCO RELATING TO THE ARGENT ROAD PROJECT
THIS AMENDMENT NO. 3 TO INTERLOCAL AGREEMENT BETWEEN THE
PORT OF PASCO AND THE CITY OF PASCO FOR THE ARGENT ROAD PROJECT
(“Amendment”) is made this ____ day of _________, 2022, by and between
the CITY OF PASCO, a municipal corporation, hereinafter called “City,” and
the PORT OF PASCO, a municipal corporation, hereinafter called “the Port.”
WHEREAS, the City and the Port entered into an Interlocal Agreement
for the Argent Road Project, Phase 1, No. 12001 on the 21st day of February
2020 (the “Agreement”); and
WHEREAS, the City and the Port entered into Amendment No. 1 to
provide for payment in full by the Port prior to the completion of the project
Interlocal Agreement for the Argent Road Project, Phase 1, No. 12001 on the
8th day of October 2020 (the “Agreement”); and
WHEREAS, the City and the Port also entered into Amendment No. 1
to adjust the donated right-of-way to the Project for the benefit of the
Airport to include right-of-way with a fair market value of $11,205 (0.147
Acres at $76,230/Acre), which donation is in addition to the committed
funds of $1,500.000; and
WHEREAS, on August 16, 2021, the City and the Port entered into
Amendment No. 2 to extend the ILA between the Port and the City through
the completion of all phases of the Argent Road project, modifying
subsection 3 TERM of the Agreement as follows: “and all improvements,
conveyances and obligations of the parties for Phases 1 – 3 of the Project
shall be complete on or before December 31, 2024.”
NOW, THEREFORE;
Page 140 of 338
Amendment No. 3 – ILA Between Port and City
Argent Road Project - 2
IT IS AGREED between the City and the Port that hereto desire to
modify the Agreement in order to adjust the donated right-of-way to the
Project for the benefit of the Airport to include right-of-way with a fair
market value of $65,558 (0.86 Acres as $76,230/Acre). This donation is in
addition to the committed funds of $1,500,000.
IT IS FURTHER AGREED between the City and the Port that all other
terms and provisions of the Agreement shall remain unchanged, except as
expressly modified by this Amendment.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands the day written below.
Date:_______________ Date:_______________
City of Pasco Port of Pasco
________________________ __________________________
Adam Lincoln, Interim City Manager Randy Hayden, Executive Director
Attest:
________________________
Debby Barham, City Clerk
Approved as to form:
_________________________
Kerr Ferguson Law, PLLC
City Attorneys
Page 141 of 338
Z!
INTERLOCAL AGREEMENT VVITH THE PORT OF PASCO FOR THE ARGENT
ROAD PROJECT,PHASE 1,NO.12001
THIS INTERLOCAL AGREEMENT is entered ‘day of 2020,
by and between Port of Pasco,Washington,a Washington Municipal Corporation,(ereinafter
referred to as "Port"),and the City of Pasco,Washington,a Washington Municipal Corporation
(hereinafter referred to as "City"),and are sometimes referred to collectively as the “Parties,”_for
the purpose of designing and constructing the Argent Road Project,No.12001.
WHEREAS,the City of Pasco (City)together with The Port of Pasco (Port)and
Columbia Basin Community College (CBC),also known as stakeholders,have collaborated
to undertake improvements to Argent Road,from 20”‘Avenue up to and including the
intersection at Road 36 (“the Project”);and
WHEREAS,the Port and CBC have previously committed to help fund the Project in
the amounts of $1,500,000 and $1,250,000 respectfully;and
WHEREAS,the City and Port recognize that the Port has also donated right-of-way
to the Project for the bene?t of the Airport with a fair market value of $203,534 (2.67 Acres
at $76,23 0/Acre),which donation is in addition to the committed funds of $1,500,000;and
WHEREAS,the City and Port recognize that the money committed of $1,500,000 is
directly attributed as a credit to the Traffic Impact Fees (TIF)associated with the Port’s
“Tri-Cities Airport Business Center”development shown in Exhibit A and also recognize that
in the case that the TIFS for above-mentioned Project do not reach an amount of $1,500,000
that the City shall not be required to make any reimbursement to the Port;and
WHEREAS,the City,as part of their agreed ?nancial commitment associated with
this Project is responsible for the Design,Construction and Project Management of this
Project;and
WHEREAS,the stakeholders agreed that to get Phase 1 completed,all or a portion of
the committed funds from the Port and CBC would be utilized to fund this portion of the
Project,with any remainder of committed funds to be used for subsequent phases of the
Project;and
WHEREAS,the Interlocal Cooperation Act,Chapter 39.34 RCW,authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations;and
WHEREAS,the Parties,desire by this agreement,to jointly participate in the costs
associated with the Project that provides bene?ts to the stakeholders and the regional
transportation system.
ILA —Port of Pasco
Argent Road Phase 1,No.12001
Page 1 of 6
Page 142 of 338
NOW,THEREFORE,in consideration of the mutual covenants contained herein,the
parties agree as follows:
1.PORT OBLIGATIONS.The Port shall:
.Reimburse the City by making payments as described below,for a total amount of
$1,500,000 plus interest for Project costs including but not limited to the expenses relating
to engineering,design,construction,administration,management,legal,labor,permits,
reviews,and/or approvals from all applicable jurisdictions,and any other Project related
costs.The amount of $1,500,000 paid by Port satisfies all of Port’s ?nancial obligations
associated with all phases of the Project,including but not limited to Phases 1 and 2 unless
it is mutually agreed by all parties to add additional ?inding in the future.
.The terms of reimbursement shall be based on annual payments to be made from the Port
to the City over a 10-year period and a 4%interest rate.Each annual payment shall be
made to the City prior to December 31 of each year,beginning in 2020.
.Transfer ownership by dedication of necessary right—of-wayfrom the Port to the City prior
to the award date in a manner that is consistent with the policies of the City.
CITY OBLIGATIONS.City shall:
.Be responsible for the design,Project management,administration,and construction
management of the Project.
.Provide inspection services during the course of construction consistent with the level of
effort utilized on other capital and development projects within the City,or as may be
required to ensure the required quality of the completed work.
.Provide Port’s construction representative with a copy of any and all printed and electronic
construction documents related to each phase of the Project and invite said representative
to all construction and pre-construction meetings.
.Upon satisfactory completion of each phase of the improvements described above,work to
provide Port with a breakdown of all costs associated with the Project as well as a complete
set of physical and electronic as-built drawings at the conclusion of each phase.
.Pay for and complete all portions of the Project not covered by the committed funds of the
Port and CBC,unless it is mutually agreed by all parties to add additional funding in the
future.
.Grant the Port credit of up to $1,500,000 in TIFs attributable to the “Tri-Cities Airport
Business Center”Project.The City shall not be obligated to refund or pay to the Port any
portion of the $1,500,000 credit that is not utilized for the “Tri-Cities Airport Business
Center”Project,should the total required TIF’s attributable to that Project not reach
$1,500,000.
ILA Port of Pasco
Argent Road —Phase 1,No.12001
Page 2 of 6
Page 143 of 338
3.TERM.This Agreement shall be effective commencing on the day of
2020,and all improvements,conveyances and obligations of the
parties for Phase 1 of the Project shall be complete on or before 18 months
immediately following the commencement date of this Agreement.The Agreement
shall terminate upon the satisfaction of the Port’s obligations identi?ed in Section 1 of this
Agreement,or with the completion of the Project,whichever is later,except that the TIF
credit to the Port for improvements related to the “Tri-Cities Airport Business Center”shall
not expire until all the credit has been utilized or is no longer needed.
4.AUTHORITY TO APPROVE AGREENIENT.The parties represent and warrant that
all steps necessary for the approval of this Agreement have been completed by‘
A.The Port of Pasco:Resolution approved by the Port of Pasco Commission
B.The City of Pasco:Resolution approved by the City of Pasco Council
The officers signing below are authorized to do so and that the execution of this
Interlocal Agreement with the Port of Pasco to execute payment for the Argent Road
Project —Phase 1,No.12001 is valid and binding for all purposes.
5.DISPUTE RESOLUTION.In the event of a dispute between the parties regarding the
interpretation,breachor enforcement of this Agreement,the parties shall first meet in a
good faith effort to resolve the dispute by themselves or with the assistance of a mediator.
The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A,as
amended,the Mandatory Rules of Arbitration (MAR),with all parties waiving the right of
a jury trial upon de novo review,with the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other.
6.INDEMNITY.Each Party hereto shall assume the risk of,be liable for,and pay for
damage,loss,cost and expense arising out of the performance of this Agreement,caused
by its negligence and/or willful misconduct and the negligence and willful misconduct of
its employees acting within the scope of employment.Each Party hereto shall hold
harmless from and indemnify the other Party against all claims,losses,suits,action,cost,
counsel fees,litigation costs,expenses,damages,judgments,or decrees by reason of
damage to any property of business,and/or any death,injury or disability to or of any
person or party,including any employee,arising out of or suffered,directly or indirectly,
by reason of or in connection with any negligent act,error or omission of said Party,its,
employees,agents,contractors or subcontractors.A Party’s obligation shall include but
not be limited to investigation,adjusting,and defending all claims alleging loss from
negligent action,error or omission or breach of any common law,statutory or other
delegated duty.
ILA Port of Pasco
Argent Road Phase 1,No.12001
Page 3 of 6
Page 144 of 338
GENERAL PROVISIONS.
.This Interlocal Agreement constitutes the entire agreement between the parties,and no
prior oral or written agreement shall be valid,and any modi?cations of this Agreement
must be in writing signed by all parties.
.This Interlocal Agreement shall be binding on the parties,and their heirs,successors and
assigns.
.For the purpose of this Agreement,time is of the essence.
.All recitals contained within this Agreement shall be binding provisions of this Agreement.
MUTUAL COOPERATION AND FURTHER AGREEMENTS.The parties agree
to cooperate in good faith,with regard to each and every aspect required for the
completion of the construction of this Proiect which is the object of this Agreement,and
the transfer of property,and to fl1I‘l’,h€I'sign all documents,deeds and permits reasonably
necessary to accomplish the purposes of this Agreement.
INTERLOCAL COOPERATION ACT PROVISIONS.All vehicles,equipment,
inventory and any improvement thereon or ?xtures purchased by the City,shall remain the
sole property of the City.All personnel utilized by the City in the ful?llment of this
Agreement shall be solely within the supervision,direction and control of the City and shall
not be construed as "loan servants"or employees of the Port.The City Manager of the
City of Pasco,Washington,shall be designated as the Administrator of this Interlocal
Agreement.
No independent special budget or funds are anticipated other than those identi?ed in this
Agreement,nor shall be created without the prior written agreement of the parties.It is not
intended that a separate legal or administrative entity be established to conduct this
cooperative undertaking,nor is the acquiring,holding,or disposing of real or personal
property other than as speci?cally provided within the terms of this Agreement.
A copy of this Agreement shall be ?led with the Franklin County Auditor's office or posted
on the City or Port's website as required by RCW 39.34.040.
ILA Port of Pasco
Argent Road Phase 1,No.12001
Page 4 of 6
Page 145 of 338
,rr~*3 .,
~—_<__Y "7"'-
.C‘3:‘
4 C4
”""‘-1'!—'”=‘—En:':g a
(J-
Dave Zabe .'anager
CITY OF PASCO,WASHINGTON PORT OF PASCO,WASHINGTON
3063-
Kerr F ;;on Law,PLLC,City Attorney
STATE OF WASHINGTON )
:ss.
County of Franklin )
On this day personally appeared before me Dave Zabeil,City Manager of the City of Pasco,to be
known to be the individual described in and who executed the within and foregoing instrument,and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
hand and official seal day 2020.
N ARY PUBLIC‘in and for the State of Washington
esiding at:
My CommissionExpires:
«J g!1-K
STATE OF WASHINGTON )
:ss.
County of Franklin )
On this day personally appeared before me lv"--"‘-‘~\‘\'\=-I-=.l*'\,l’7°-i.\'§«\,Port of Pascn,
Washington,to be known to be the individual described in and tho cx cutcd the within and foregoing
instrument,and acknowledged that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this day of 2020.
NOTARYPUB’_[:l(.‘in and for the State ofwashington
Residing at:t"
My Cotntnission Expires:l
Page 5 of 6
if:Lf3i'
‘C‘Lr
ILA Port of Pasco
Argent Road Phase 1.N0.I200]
..‘\1_\,
Janeuesalazar?onlem
Nolalyhlslc
Stateo??gdhgton
nynppovmmapnnmnuaua
ofthis
1 2;,.£.
Debby Barham,City Clerk
0 Form:
Atteslz
Page 146 of 338
PHASE 2
NOW LEASIN
PHASE1
NOW LEASIN
?reStation
"K
Tri-Cities
Airport
Exhibit A -Tri-Cities Airport Business Center
I
Columbia
Basin
College
m><£2
ILA —Port of Pasco
Argent Road -Phase 1,No.12001
Page 6 of 6
omUmom PHASE
Page 147 of 338
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When recorded return to:
Dan Hultgrenn
P.O.Box 2368
Pasco,WA 99302
Brief legal:Ptns of Section 13 and Section 24,Township 9 North,Range 29 EWM,Franklin
County,Washington.
Additional Legal on pages 1,2 and 3
Assessor’s Parcel No.:Ptns of 117-010-010 and 119-180-011
QUIT CLAIM DEED
The PORT OF PASCO,a Washington municipal corporation (the
“Grantor”),pursuant to RCW 39.53 and RCW 35A.79.0140,dedicates,conveys
and quit claims to the CITY OF PASCO,a Washington municipality (the
“Grantee”),the following described real estate as a dedicated right of way,
situated in the County of Franklin,State of Washington,together with all after
acquired title of the Grantor,but reserving to Grantor rights relating to the
avigation easement relating to the property hereinafter described.
REAL PROPERTY SITUATED IN THE CITY OF PASCO,FRANKLIN
COUNTY,WASHINGTON,LYING IN THE SOUTHEAST QUARTER OF
SECTION 13 AND THE NORTHEAST QUARTER OF SECTION 24,
TOWNSHIP 9 NORTH,RANGE 29 EAST,OF THE WILLAMETTE
MERIDIAN,LYING NORTHERLY OF THE CB LINEAS SHOWN ON
SURVEY OF WEST ARGENT ROAD FOR THE CITY OF PASCO,PER
RECORD OF SURVEY RECORDED IN VOLUME 2 OF SURVEYS,
PAGE 189,RECORDS OF SAID COUNTY AND LYING SOUTHERLY OF
THE FOLLOWINGDESCRIBED LINE:
BEGINNING AT HIGHWAY ENG|NEER'S STATION (HEREINAFTER
REFERRED TO AS “HES”)CB 100+39.32;
QUIT CLAIM DEED -1
Page 148 of 338
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THENCE NORTH 16°09’43”WEST 40.00 FEET TO A POINT 40.00 FEET
LEFT OF “HES”STATION CB 100+39.32;
THENCE NORTH 31 °45’05"EAST 58.99 FEET TO A POINT 80.00 FEET
LEFT OF "HES”STATION CB 100+81.42,SAID POINT BEING ON THE
ARC OF A 2,080.00 FOOT RADIUS NON-TANGENT CURVE TO THE
RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 02°37’02”,AN ARC DISTANCE OF 95.01 FEET,(HAVING A
CHORD BEARING OF NORTH 76°21’10"EAST,A DISTANCE OF 95.00
FEET)TO A POINT 80.00 FEET LEFT OF “HES”STATION CB
101+72.78;
THENCE SOUTH 58°14’55”EAST 43.46 FEET TO A POINT 50.00 FEET
LEFT OF “HES”STATION CB 102+03.23,SAID POINT BEING ON THE
ARC OF A 2,050.00 FOOT RADIUS NON-TANGENT CURVE TO THE
RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 10°35’56”,AN ARC DISTANCE OF 379.22 FEET,(HAVING A
CHORD BEARING OF NORTH 83°49’59”EAST,A DISTANCE OF 378.68
FEET)TO A POINT 50.00 FEET LEFT OF “HES”STATION CB
105+73.20;
THENCE NORTH 89°07’57"EAST 235.24 FEET TO A POINT 50.00
FEET LEFT OF “HES”STATION CB 108+08.44;
THENCE NORTH 44°07’54”EAST 42.43 FEET TO A POINT 80.00 FEET
LEFT OF “HES”STATION CB 108+38.43;
THENCE NORTH 89°07’57”EAST 60.00 FEET TO A POINT 80.00 FEET
LEFT OF “HES”STATION CB 108+98.43;
THENCE SOUTH 45°52’06”EAST 42.43 TO A POINT 50.00 FEET LEFT
OF “HES"STATION CB 109+28.44;
THENCE NORTH 89°07’57”EAST 417.46 FEET TO A POINT 50.00
FEET LEFT OF “HES”STATION CB 113+45.90;
Page 149 of 338
2 29 ~20
THENCE NORTH 35°21’59"EAST 71.38 FEET TO A POINT 107.57
FEET LEFT OF "HES”STATION CB 113+88.09,SAID POINT BEING ON
THE WESTERLY RIGHT-OF-WAY LINE OF NORTH 20TH AVENUE
AND THE TERMINUS OF SAID LINE.
EXCEPT ANY PORTION THEREOF LYING WITHINTHE EXISTING
RIGHT-OF-WAY.
APPROXIMATELY 0.466 ACRES.
By‘
Randy Hayde ,Executiv Director
STATE OF WASHINGTON)
)ss.
County of Franklin )
On day of ,2020,before me,the undersigned,a
Notary Public in and for the State of Wa ington,duly commissioned and sworn,
personally appeared RANDY HAYDEN to me known to be the Executive Director
of PORT OF PASCO,the corporation that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation,for the uses and purposes therein mentioned,and on oath
stated that he was authorized to execute the said instrument and that the seal
af?xed is the corporate seal of said corporation.
GIVEN under my hand and of?cial seal this day 2020.
Printed Name:‘.\‘C;
Notary Public in and for the State of
‘
Washington,residing at 'i:Fd~’“\Q/U“
My commission expires:/00»/-\204!
QUIT CLAIM DEED -3
€’)5O
PORT
DATED:
Page 150 of 338
Page 151 of 338
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When recorded return to:
Dan Hultgrenn
P.O.Box 2368
Pasco,WA 99302
Brief legal:Ptn of Section 13 Township 9 North,Range 29 EWM,Franklin County,Washington.
Addiitonal Legal on pages 1 and 2
Assessor’s Parcel No.:Ptn 117-010-010
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement between the PORT OF PASCO,a
Washington municipal corporation,hereinafter called “Grantor”,and the CITY OF
PASCO,a Washington municipality,hereinafter called “Grantee",is made this
day of March,2020.
RECITALS
A.Grantor owns of record certain real property located in Franklin
County,Washington,and legally described as:
REAL PROPERTY SITUATED IN THE CITY OF PASCO,FRANKLIN
COUNTY,WASHINGTON,LYING IN THE SOUTHEAST QUARTER OF
SECTION 13,TOWNSHIP 9 NORTH,RANGE 29 EAST,OF THE
WILLAMETTE MERIDIAN,LYING NORTHERLY OF THE CB LINE AS
SHOWN ON SURVEY OF WEST ARGENT ROAD FOR THE CITY OF
PASCO,PER RECORD OF SURVEY RECORDED IN VOLUME 2 OF
SURVEYS,PAGE 189,RECORDS OF SAID COUNTY AND LYING
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT 60.00 FEET LEFT OF HIGHWAY ENGINEER’S
STATION (HEREINAFTER REFERRED TO AS "HES")CB 101+92.92,SAID
POINT BEING ON AN ARC OF A 2,060.00 FOOT RADIUS NON-TANGENT
CURVE TO THE RIGHT;
Temporary Construction Easement -1
Page 152 of 338
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRA
LANGLEOF08°02’25”,AN ARC DISTANCE OF 289.08 FEET,(HAVING A
CHORD BEARING OF NORTH 82°15'31”EAST,A DISTANCE OF 288.84
FEET)TO A POINT 60.00 FEET LEFT OF “HES”STATION CB 104+73.58;
THENCE NORTH 03°43’16”WEST 5.00 FEET TO A POINT 65.00 FEET
LEFT OF “HES”STATION CB 104+73.58,SAID POINT BEING ON AN ARC
OF A 2,065.00 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRA
LANGLEOF02°51’13”,AN ARC DISTANCE OF 102.85 FEET,(HAVING A
CHORD BEARING OF NORTH 87°42’21”EAST,A DISTANCE OF 102.84
FEET)TO A POINT 65.00 FEET LEFT OF “HES”STATION CB 105+73.20;
THENCE NORTH 89°07’57"EAST 771.29 FEET TO A POINT 65.00 FEET
LEFT OF “HES”STATION CB 113+44.49;
THENCE NORTH 35°21’59"EAST 74.06 FEET TO A POINT 124.74 FEET
LEFT OF "HES"STATION CB 113+88.27,SAID POINT BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF NORTH 20TH AVENUE AND THE
TERMINUS OF SAID LINE.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE EXISTIN
GRIGHT-OF-WAY.
CONTAINS APPROXIMATELY 0.346 ACRES.
(“Grantor’s Property").
B.Grantee is constructing road improvements pursuant to that certain
Interlocal Agreement with the Port of Pasco for the Argent Road Project dated the
_day of ,2020 between the parties hereto (the “|nter|ocal Agreement”).
C.Grantee intends to widen Argent Street utilizing property acquired
from the Grantor as provided in the lnterlocal Agreement (the “Project”),and in order
to do so requires temporary access to Grantor’s Property.
IN CONSIDERATION of the premises and the mutual covenants and
agreements herein set forth,It is agreed by and between the parties as follows:
1.Temporary Construction Easement.Grantor grants a Temporary
Construction Easement to Grantee,its agents,employees and contractors,to enter
Temporary Construction Easement -2
Page 153 of 338
.,/.4//—
(EC %:%DMZ _
GRANTOR:
Port of Pasco
GRANTEE:
City of Pasco
upon Grantor’s Property for accommodation of construction equipment and
materials necessary for the completion of the Project as hereinabove de?ned.
2.Hold Harmless.Grantee agrees to fully indemnify and hold Grantor,
it's successors and assigns,harmless from and against any and all injury and
damage claims,demands,obligations,judgments,award,expenses,and liabilitie
sofanyandeverykind,including without limitation attorney’s fees and all litigatio
ncostsandexpenses,which may be made or rise against or be incurred by Grantor
from,due to,or related to Grantee’s conduct or activities on or about Grantor’s
Property,and/or conduct or activities of Grantee’s employees,agents,invitees,
contractors,and any other persons who may come upon or be at or near Grantor’s
Property on behalf of Grantee or because Grantee is using this easement.
3.Term.This Temporary Construction Easement shall terminate upon
completion of the Project.
4.Attorneys’Fees.Should it be necessary for either party to enforce
their rights under this agreement,then in the event of litigation,the prevailing party
shall be entitled to recover and collect all costs and reasonable attorney’s fees as
determined by the court resolving the litigation.
5.Successors and Assigns.Without limiting the generality of the
foregoing,the rights and obligations of the parties shall inure to the bene?t of and
be binding upon their respective successors and assigns.
Temporary Construction Easement -3
|
Page 154 of 338
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Temporary Construction Easement -4
STATE OF WASHINGTON)
)ss.
County of Franklin )
On day of ,2020,before me,the undersigned,a
Notary Public in and for the State of W hington,duly commissioned and sworn,
personally appeared RANDY HAYDEN to me known to be the Executive Director
of the PORT OF PASCO,the corporation that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation,for the uses and purposes therein mentioned,and on oath
stated that he was authorized to execute the said instrument.
GIVEN under my hand and of?cial seal this of ,2020.
Printed Name:.{U
Notary Publicin and for he State of
Washington,residing at
My commission expires:
STATE OF WASHINGTON)
)ss.
County of Franklin )
On this day of ,2020,before me,the undersigned,a
Notary Public in and for the State Washington,duly commissioned and sworn,
personally appeared to me known to be the of
the CITY OF PASCO,the entity that executed the foregoing instrument,and
acknowledged the said instrument to be the free and voluntary act and deed of
said entity,for the uses and purposes therein mentioned,and on oath stated that
he was authorized to execute the said instrument.
GIVEN under my hand and of?cial seal this day of ,2020.
JaneueSaIazarRomam
s..,.’.i,°§',‘,',.;.;"”'.’,1'°.,,..,..P inted Name:
“VAPP°**"'°‘*E=¢"'°'°"°°~W32 otary Public in and for the State of
Washington,residing at
My commission expires:
‘Dam lanai
/\.>_-»
oié’“day
Page 155 of 338
Page 156 of 338
8th
Page 157 of 338
10/8/20
Page 158 of 338
(;+,%,7$Page 159 of 338
AMENDMENT No. 2 TO INTERLOCAL AGREEMENT BETWEEN THE PORT OF
PASCO AND THE CITY OF PASCO RELATING TO THE ARGENT ROAD PROJECT
THIS AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE PORT
OF PASCO AND THE CITY OF PASCO FOR THE ARGENT ROAD PROJECT
("Amendment"} is made this __ day of August, 2021, by and between the
CITY OF PASCO, a municipal corporation, hereinafter called "City," and the
PORT OF PASCO, a municipal corporation, hereinafter called "the Port."
WHEREAS the City and the Port entered into an lnterlocal Agreement
for Argent Road Project, Phase 1, No 12001 on the 21st day of February,
2020 (the "Agreement"}; and
WHEREAS the City and the Port entered into Amendment No. 1 to
provide for payment in full by the Port prior to the completion of the project
lnterlocal Agreement for Argent Road Project, Phase 1, No 12001 on the 8th
day of October, 2020 (the "Agreement"}; and
WHEREAS the parties hereto desire to modify the Agreement to
extend the ILA between the Port and the City through the completion of all
phases of the Argent Road project;
NOW, THEREFORE;
IT IS AGREED between the City and the Port that subsection 3 TERM of
the Agreement be modified as follows: "and all improvements, conveyances
and obligations of the parties for Phases 1-3 of the Project shall be
complete on or before December 31, 2024."
IT IS FURTHER AGREED between the City and the Port that all other
terms and provisions of the Agreement shall remain unchanged, except as
expressly modified by this Amendment.
25
Page 160 of 338
8/25/21
Page 161 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4276 - Amendment No. 1 to Professional Services
Agreement with PBS Engineering for Broadmoor TIF Design Services
I. REFERENCE(S):
Resolution
Amendment No. 1
Professional Services Agreement (PSA)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4276, authorizing the Interim City
Manager to execute Amendment No. 1 to the Professional Services Agreement
with PBS Engineering & Environmental, Inc. for the Broadmoor Tax Increment
Funding and Interchange Project.
III. FISCAL IMPACT:
Original PSA: $262,672.00
Amendment No. 1 $957,661.00 (proposed)
New PSA Total: $1,220,333.00
IV. HISTORY AND FACTS BRIEF:
PBS Engineering and Environmental Inc. (PBS) was selected by staff to provide
professional engineering and design services for utility and road improvement
projects in the Broadmoor Tax Increment Financing (TIF) area.
The original Professionals services agreement (PSA) was executed on August
1, 2022, in the amount of $262,672 for PBS to provide feasibility analysis and
conceptual designs for the projects. This work provided the cost estimates used
in the TIF analyses.
Page 162 of 338
The planned Broadmoor TIF projects have been divided into three proposed
phases. This amendment to the PSA includes tasks for the detailed design, right -
of-way acquisition and bidding support, for the first two phases. The three
phases are as follows:
• Phase 1 - Rough grading and construction of water, sewer and irrigation
infrastructure within Road 108 (Harris to Sandifur Parkway) and Sandifur
Parkway (Road 108 to Broadmoor Blvd). Advertisement for this work is
planned for mid-December. This work will extend existing utilities and
provide the 'backbone' of underground utilities to serve the Broadmoor
site and allow future extensions by developers for individual site s. An
outline for the development of the detailed design and bid documents is
included in the proposed amendment.
• Phase 2 - Construction of full road improvements for 1) Broadmoor
Boulevard (Interstate I-182 to Burns Road) and 2) Sandifur Parkway
(Road 105 to the vicinity of Bedford Street past east of Broadmoor Blvd).
This phase will also include design work for the site grading of regional
stormwater facilities required for future developments. An outline for the
development of the detailed design and bid documents is included in the
proposed amendment.
• Phase 3 - Construct core roads for 1) Sandifur Parkway (Broadmoor Blvd
west to Road 108) and 2) Road 108 (Sandifur Parkway south to the Harris
Road). A core road includes asphalt driving lanes only (curbs, gutters
and sidewalks provided later by adjacent developers). A roundabout will
also be constructed at the intersection of Road 108 and Sandifur
Parkway. Phase 3 work is not currently included in the proposed contract
amendment but will be part of a future amendment.
V. DISCUSSION:
This item was discussed at the November 14, 2022, Council Workshop meeting.
City Staff recommends approval of the proposed PSA Amendment with PBS
Engineering & Environmental, Inc. in the amount of $957,661.00.
Page 163 of 338
Resolution – Broadmoor TIF and Interchange Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PBS ENGINEERING & ENVIRONMENTAL, INC. FOR THE
BROADMOOR TAX INCREMENT FUNDING AND INTERCHANGE
PROJECT.
WHEREAS, the City and PBS Engineering & Environmental, Inc., entered into a
Professional Services Agreement (PSA) on August 1, 2022 to provide engineering services
respecting the Broadmoor Tax Increment Funding and Interchange project; and
WHEREAS, this project is funded through tax increment financing funds and will follow
local procedures for right-of-way (ROW) acquisition, design, advertisement, environmental
permitting, and bidding; and
WHEREAS, the City and PBS Engineering & Environmental, Inc., desire to enter into an
Amendment to the PSA to provide additional professional design engineering services as described
in Exhibit A and add additional time of performance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of
Amendment No. 1 to the Professional Services Agreement between PBS Engineering &
Environmental, Inc., and the City of Pasco; a copy of which is attached hereto and incorporated
herein by reference as Exhibit A.
Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Amendment on behalf of the City
of Pasco; and to make minor substantive changes as necessary to execute the Amendment.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of ______,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 164 of 338
Amendment No. 1 to Professional Services Agreement Page 1
PBS Engineering & Environmental, Inc.
Broadmoor TIF Design Services
AMENDMENT NUMBER 1 to
PROFESSIONAL SERVICES AGREEMENT
Broadmoor TIF Design Services
Project No. 22-337
AGREEMENT NO. 22-025
WHEREAS, the City and PBS Engineering & Environmental, Inc., entered into a
Professional Services Agreement on 8/1/2022 to provide engineering services with respect to the
Broadmoor TIF and Interchange projects.
NOW, THEREFORE, this agreement is amended to allow PBS Engineering &
Environmental, Inc., to provide additional professional design engineering services as described
on Exhibit A and add additional time of performance.
1. Scope of Work:
See Exhibit A.
2. Fee:
The compensation for the additional work is based on a Time & Materials Basis of
$957,661.00, increasing the overall total authorization amount to $1,220,333.00. Please
see Exhibit B for further breakdown.
3. Time of performance:
The services shall now be complete for the project on or before 12/31/2024.
DATED THIS _______ DAY OF _______________, 2022.
CITY OF PASCO: CONSULTANT
City of Pasco PBS Engineering & Environmental, Inc.
Adam Lincoln – Interim City Manager Jason Mattox, PE – Vice President
Page 165 of 338
415 W 6TH STREET, SUITE 601 VANCOUVER, WA 98660 360.695.3488 MAIN 866.727.0140 FAX PBSUSA.COM
CITY OF PASCO, WASHINGTON
Scope of Work
Broadmoor TIF – Final Design Projects 1 and 2
City of Pasco Project # 22-377
INTRODUCTION
PBS Engineering and Environmental Inc. (PBS) and its Consultant team have been selected by the City of Pasco
(City) to perform traffic and design engineering, land surveying, geotechnical engineering, and right of way
acquisition services for the Broadmoor Tax Increment Financing (TIF) projects. This project is funded through tax
increment financing funds and will follow local procedures for right-of-way (ROW) acquisition, design,
advertisement, environmental permitting, and bidding.
The project team currently includes:
·Kittelson & Associates, Inc. (KAI) – Signal Design
·EPIC Land Solutions (EPIC) – ROW Acquisition
This phase of the project (amendment 1) will progress portions of the 30% design to final bid documents. It is
assumed that this phase of the project design will last up to 5 months from contract award.
PROJECT DESCRIPTION/BACKGROUND
A portion of the Broadmoor site roadway network, associated frontage, and signal improvements are planned to
be led by the City of Pasco and funded through the TIF process. The City has signed a Letter of Understanding
with Broadmoor Properties which commits the City to having improvements related to Broadmoor Boulevard,
Sandifur Parkway, and Road 108 designed and out for advertisement in the Winter of 2022. This amendment is to
perform the following tasks:
·Project 1 – Develop a Please, Specifications, and Estimates (PS&E) package: for rough site grading of
Road 108 from Harris to Sandifur Parkway and Sandifur Parkway from Road 108 to Broadmoor; and water
and sewer infrastructure along Road 108 and Sandifur Parkway for advertisement mid-December. It is
understood that this would complete a majority of the underground utility work for water and sewer
associated with the TIF projects and would also seek to advance the City’s CIP water infrastructure in the
region through the Broadmoor site. The sewer would look to extend from the previously constructed City
LID project east toward Broadmoor, as well as extending lines from Harris Road north up Road 108.
·Project 2 – Develop a PS&E package for Full Construction of Broadmoor Boulevard from the interstate to
Burns Road and Sandifur Parkway from Road 105 east to the vicinity of Bedford Street, and the grading
for the storm infrastructure along Road 108 to the proposed stormwater facility (shown in the 30% strip
maps).
OVERALL PROJECT ASSUMPTIONS
·Traffic modeling will be performed by DKS under a separate agreement with the City.
·DKS will provide signal-related lane configurations and storage lengths.
EXHIBIT A
Page 166 of 338
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 2 of 14
PBS Project 66084.002
· All environmental permitting and State Environmental Policy Act (SEPA)-related activity has been
previously completed by the City under the Environmental Impact Statement (EIS) process for the overall
Broadmoor area. No additional permitting efforts are anticipated to be needed, and are excluded from
this work.
· Project 3 has been previously identified at the 30% design level which would seek to extend Sandifur
Parkway west to Road 108 as a core road. A roundabout would then be constructed at Road 108 and
Sandifur Parkway and an extension of Road 108 as a core road extended south to the Harris Road. This
project is not currently scoped for design under this contract amendment and would not be bid during
the winter of 2022 to 2023. This project would be a separate design and bid package that would be put
out later in 2023 for construction after Project 2 is bid.
SCOPE OF WORK
Task 1: Project Management and Administration
PBS shall oversee project tasks and coordinate with City representatives to manage the scope, schedule and
budget for the design engineering phase. The current phase of the project is budgeted for a 5 month design
window based on City identified schedules and meetings held during the 30% design review process.
Subtask 1.1 – Contract Administration, Invoicing, and Progress Reports
· Prepare and submit monthly invoices. Each invoice will include: the date period covered by invoice,
number of hours worked during the billing period with billing rates shown; expenses and associated
markups; total cost for labor and expenses for the billing period; subconsultants fees including markups
for the billing period; and a total amount summarizing labor, expenses, and subconsultant fees.
· Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report
will list each invoice, as well as the current invoice, with an itemized summary of invoice numbers, dates,
and amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice. The
Contract Summary Report will also list the total amount billed to date, total amount remaining under
contract, and contract expiration date.
· Maintain required contract documentation. Provide copies of project files and records to the City for
audits and public information requests. Final documents shall be provided in electronic format as
requested.
Deliverables
· Monthly invoices, Contract Summary Reports, and Project Status Reports.
· Project Documentation, upon request
Subtask 1.2 – Meetings
This item includes the coordination and meetings necessary to successfully complete the project.
· Up to 20 weekly phone meetings with City Staff.
· Up to 20 internal PBS design team coordinations and meetings.
· Preparation for and attendance for three monthly project coordination meetings with City staff including
and up to two PBS staff. Other consultant team members will attend meetings as needed.
· Meet with City staff after the review of the 60%, 90%, and final plan submittals. These meetings will be
attended instead of the monthly meeting during this deliverable window.
Page 167 of 338
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 3 of 14
PBS Project 66084.002
Deliverables
· Meeting Agendas and Meeting Summaries
· Design Submittal Comment Review and Response Log
Subtask 1.3 – Management, Coordination, and Direction
· The Consultant shall provide management, coordination, and direction to the Project team in order to
complete the project on time and within budget. The City fosters a partnership approach of all
stakeholders in the Project. The Consultant shall integrate this strategy into the overall management
approach.
· The Consultant shall establish a quality management program and designate responsibility for review of
technical work and other deliverable products.
· Prepare and maintain project design schedule. The schedule shall identify Consultant tasks and items
provided by City and other consultants. The schedule shall be updated as circumstances require or as
requested by the City (assumes one update).
· The Consultant shall prepare and submit an activities list and schedule to the City following the Notice to
Proceed. The schedule shall show appropriate milestones for the Project, including intermediate and final
submittal dates for design documents and key decision points.
· The Consultant shall coordinate Consultant tasks and activities with the City.
Deliverables
· Project Schedule and Schedule Updates
· Summary notes of coordination efforts
· Quality Assurance and Quality Control (QA/QC) Program
Deliverables
Coordination meeting agendas and meeting summaries.
Task 2: Surveying
Subtask 2.1 – Surveying and Base Map
Scoped as a part of the original contract for 30% design.
Subtask 2.2 – Right-of-Way Support
Right-of-Way/Property Line Stakes
· Consultant will conduct right-of-way and property line stakeouts for applicable properties on
one trip. City will confirm what stakes they would like to see placed in the field prior to
engagement by PBS and after contact has been made with the property owners.
Legal Descriptions/Exhibit Maps for Right-of-Way Acquisitions/Easements
· Prepare legal descriptions and exhibits for right-of-way and easement acquisition. It is assumed that there
will be three legal descriptions and/or exhibits to prepare (one right-of-way acquisitions and dedications,
one TCEs, and one Permanent Easement).
Page 168 of 338
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 4 of 14
PBS Project 66084.002
Deliverables
· Up to three legal descriptions and exhibits
Task 3: Geotechnical Engineering
Subtask 3.1 – Geotechnical Engineering
Scoped as a part of the original contract under 30% design.
Task 4: Traffic Engineering (Kittleson Project 2)
Subtask 4.1 – Contract Administration, Invoicing, and Progress Reports
· Prepare and submit monthly invoices with progress reports. Each invoice will include: date period covered
by invoice, number of hours worked during the billing period with billing rates shown; expenses; total cost
for labor; and expenses for the billing period.
· Maintain required contract documentation. Provide copies of project files and records to the City for
audits and public information requests. Final documents shall be provided in electronic format as
requested.
Deliverables
· Monthly invoices and Project Status Reports.
· Project Documentation, upon request.
Subtask 4.2 – Meetings
This item includes the coordination and meetings necessary to successfully complete the project.
· Preparation for and attendance at a two-hour project kickoff meeting over Microsoft Teams with City Staff
including up to three Kittelson Staff.
· Up to 24 weekly phone meetings with PBS Staff (1 hour in Length).
· Preparation for and attendance project coordination meeting (up to three) with City staff including and up
to three Kittelson staff.
· Meet (three times) with City staff after the review of the 60%, 90%, and final plan submittals, these
meetings will be attended instead of the monthly meeting these months.
Subtask 4.3 – Site Visit
Participate in a site visit of the existing project location and condition. As a project team, we will observe and
document the local context and inspect the area for any other features relevant to the design of the project.
Subtask 4.4 – 60% Design (PS&E)
The consultant will address review comments on the 30% Plans and develop construction documents to the 60%
design stage. These documents will consist of plans, a bid item list, and an opinion of probable construction cost.
The 60% plans shall include
· Signing and Striping Plans
· Signing Details
· Striping Details
Page 169 of 338
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 5 of 14
PBS Project 66084.002
· Illumination Plans (16 Sheets)
· Illumination Details (2 Sheets)
· Signal Plans (11 Sheets)
o Legend (1 Sheet)
o Broadmoor Boulevard and Sandifur Parkway (1 Sheet)
o Broadmoor Boulevard and Buckingham Drive (1 Sheet)
o Broadmoor Boulevard and Burns Road (1 Sheet)
o Sandifur Parkway and Road 105 (1 Sheet)
o Sandifur Parkway and Road 108 (1 Sheet)
o Signal Details (5 Sheets)
1. Calculate quantities and prepare a 60% engineer’s estimate of construction costs for the plans above.
2. Submit 60% plan set and cost estimate for review
3. Address 30% City review comments regarding the plans.
Deliverables
· 60% Plans and Cost Estimates (PDF versions)
Subtask 4.5 – 90% Design (PS&E)
The consultant will address review comments from the 60% plans and develop construction documents to the 90%
design stage. These documents will consist of plans, specifications, a bid item list, an opinion of probable
construction cost, and an anticipated construction schedule.
The 90% plan set shall include the following sheets:
· Signing and Striping Plans
· Signing Details
· Striping Details
· Illumination Plans
· Illumination Details
· Signal Plans
o Legend
o Broadmoor Boulevard and Sandifur Parkway
o Broadmoor Boulevard and Buckingham Drive
o Broadmoor Boulevard and Burns Road
o Sandifur Parkway and Road 105
o Sandifur Parkway and Road 108
o Signal Details
1. Update and compute quantities and prepare an engineer’s estimate of construction costs shown on the
plans. Identify which bid items will require special provisions.
2. Prepare 90% Level Project Specifications including current Washington State Department of
Transportation (WSDOT) amendments, General Special Provisions (GSPs) and special provisions necessary
for this project.
3. Submit 90% plan set, specifications, and cost estimate for review.
Page 170 of 338
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 6 of 14
PBS Project 66084.002
4. Address 60% City review comments regarding the plans and estimate.
Deliverables
· 90% Plans, Specifications, and Cost Estimates (PDF of the plan set, specifications, and cost estimate)
Subtask 4.6 – Final Design (PS&E)
The consultant will address review comments from the 90% plans and develop construction documents for the
final design submittal. These documents will consist of plans, specifications, a bid item list, and an opinion of
probable construction cost.
Address the 90% comments. Final design phase plan set shall include:
· Signing and Striping Plans
· Signing Details
· Striping Details
· Illumination Plans
· Illumination Details
· Signal Plans
o Legend
o Broadmoor Boulevard and Sandifur Parkway
o Broadmoor Boulevard and Buckingham Drive
o Broadmoor Boulevard and Burns Road
o Sandifur Parkway and Road 105
o Sandifur Parkway and Road 108
o Signal Details
1. Update and compute quantities and prepare an engineer’s estimate of construction costs shown on
the plans. Identify which bid items will require special provisions.
2. Prepare Final Project Specifications including current WSDOT amendments, GSPs and special provisions
necessary for this project.
3. Submit final plan set, specifications, cost estimate for review
4. Address 90% City review comments regarding the plans and estimate.
Deliverables
· Final Plans, special provisions, and estimate (PDF).
Subtask 4.7 - QA/QC
The Consultant will provide QA/QC for design work in accordance with the Consultant’s Quality Management Plan
(QMP). The Consultant will provide senior level design and construction personnel to review plan submittals and
provide technical support.
Task 5: Environmental Review and Documentation
Assume this work has been completed by City under the Broadmoor EIS process.
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City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
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PBS Project 66084.002
Task 6: Design Engineering
The consultant will advance the design from the (30%) plans during the current phase of the project. The
Consultant team will be responsible to provide design engineering services for the deliverables outlined below for
the following submittals:
·Preliminary (30%) Submittal – Completed
·Project 1 – 90% Design (PS&E)
·Project 1 – Final Design (PS&E)
·Project 2 – 90% Design (Plans and Estimate)
·Project 2 – 90% Design (PS&E)
·Project 3 – Final Design (PS&E)
·QA/QC
Subtask 6.1 – 30% Design (Preliminary)
Completed as part of the original contract for 30% design.
Subtask 6.2 – Project 1 – 90% Design (PS&E)
The consultant will progress the previously approved plans (as part of a previous project) along with the
conceptual 30% Broadmoor plans to develop 90% plans. These documents will consist of plans, contract
specifications in WSDOT format, and an opinion of probable construction cost.
Design tasks include the following:
·Compute quantities and prepare an engineer’s estimate of construction costs
·Submit 90% plans for review
·Meet with city staff after review of the 90% plans
·Prepare project specifications
The 90% plan set shall include the following:
·Cover sheet
·Civil legend sheet
·Miscellaneous details
·Site prep, erosion control and grading plans
·Site prep, erosion control and grading plans
·Grading, Sanitary and Waterline plan over profile sheets
·Standard details
Deliverables
·Construction plans, specifications, and opinion of probable construction costs (final) in PDF format
Subtask 6.3 – Project 1 – Final Design (PS&E)
The consultant will address review comments from the 90% plans and develop construction documents to the
final design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion
of probable construction cost.
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City of Pasco
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October 2022
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PBS Project 66084.002
Design tasks include the following:
· Compute quantities and prepare an engineer’s estimate of construction costs
· Submit draft final plan set for review
· Meet with City staff after review of the draft final plans
· Finalize project specifications
The final plan set shall include the following:
· Cover sheet
· Civil legend sheet
· Miscellaneous details
· Site prep, erosion control and grading plans
· Site prep, erosion control and grading plans
· Grading, Sanitary and Waterline plan over profile sheets
· Standard details
Deliverables
· Construction plans, specifications, and opinion of probable construction costs (final) in PDF format
Subtask 6.4 – Project 2 – 60% Design (Plans and Estimate)
The consultant will address review comments from the 30% plans and develop construction documents to the
60% design stage. These documents will consist of plans, format, and an opinion of probable construction cost.
Design tasks include the following:
· Update street design based on comments from 30% plans
· Compute quantities and prepare an engineer’s estimate of construction costs
· Submit 60% plans for review
· Meet with city staff after review of the 60% plans
The 60% plan set shall include the following:
· Cover sheet
· Civil legend sheet
· Typical sections
· Miscellaneous details
· Traffic staging plans
· Site prep and demolition plans
· Erosion control and grading plans
· Erosion control notes detail sheets
· Roadway and stormwater plan over profile sheets
· Sanitary and Waterline design grayscaled for reference from Project 1
· Signing plans and details (See Task 7)
· Striping plans and details (See Task 7)
· Illumination plans and details (See Task 5)
· Signal Plans and Details (See Task 5)
· Landscape plans and details
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October 2022
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PBS Project 66084.002
· Irrigation plans and details
· Standard details
Deliverables
· Construction plans, and opinion of probable construction costs in PDF format
· Draft Stormwater Calculations and Memo of Assumptions
Subtask 6.5 – Project 2 – 90% Design (PS&E)
The consultant will address review comments from the 60% plans and develop construction documents to the
90% design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion
of probable construction cost.
Design tasks include the following:
· Update street design based on comments from 60% plans
· Compute quantities and prepare an engineer’s estimate of construction costs
· Submit 90% plan review set for review
· Meet with City staff after review of the 90% plans
· Project Specifications
The 90% plan set shall include the following:
· Cover sheet
· Civil legend sheet
· Typical sections
· Miscellaneous details
· Traffic staging plans
· Site prep and demolition plans
· Erosion control and grading plans
· Erosion control notes detail sheets
· Roadway and stormwater plan over profile sheets
· Americans with Disabilities Act (ADA) grading sheets
· Sanitary and Waterline information grayscaled for reference from Project 1
· Joint Utility Trench (JUT) plans and details
· Signing plans and details (See Task 5)
· Striping plans and details (See Task 5)
· Illumination plans and details (See Task 5)
· Signal plans and details (See Task 5)
· Landscape plans and details
· Irrigation plans and details
· Standard details
Deliverables
· Construction plans, specifications, and opinion of probable construction costs (final) in PDF format
· Final Stormwater Report and Calculations
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October 2022
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PBS Project 66084.002
Subtask 6.6 – Project 2 – Final Design (PS&E)
The Consultant will address review comments from the 90% plans and develop construction documents to the
final design stage. These documents will consist of plans, contract specifications in WSDOT format, and an opinion
of probable construction cost.
Design tasks include the following:
· Update street design based on comments from 90% plans
· Compute quantities and prepare an engineer’s estimate of construction costs
· Submit draft final plan set for review
· Meet with City staff after review of the draft final plans
· Address draft final plan comments from the City and submit final PS&E for construction
The final plan set shall include the following:
· Cover sheet
· Civil legend sheet
· Typical sections
· Miscellaneous details
· Traffic staging plans
· Site prep and demolition plans
· Erosion control and grading plans
· Erosion control notes detail sheets
· Roadway and stormwater plan over profile sheets
· ADA grading sheets
· Sanitary and Waterline information grayscaled for reference from Project 1
· JUT plans and details
· Signing plans and details (See Task 5)
· Striping plans and details (See Task 5)
· Illumination plans and details (See Task 5)
· Signal Plans and Details (See Task 5)
· Landscape plans and details
· Irrigation plans and details
· Standard details
Deliverables
· Construction plans, specifications, and opinion of probable construction costs (final) in PDF format
Assumptions
· City will compile all bid document packages
Subtask 6.5 - QA/QC
The Consultant will provide QA/QC for design work in accordance with the Consultant’s QA/QC Program. The
Consultant will provide senior level design and construction personnel to review plan submittals and provide
technical support.
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Broadmoor TIF – Final Design Projects 1 and 2
October 2022
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PBS Project 66084.002
Task 7: Utility Coordination
Subtask 7.1 – Preliminary Utility Coordination
Completed as part of the original contract for 30% design.
Subtask 7.2 – Utility Meetings
Organize up to two group utility meetings to provide the latest overall project information. Such meetings will
address known facilities, potential for impact, timing requirements for potential relocations, and information of
reimbursable requirements. Meetings will also allow the exchange of each utility’s relocation plans with the other
utilities in order to maximize compatibility of relocation designs and utility and roadway construction sequencing.
Work may also include JUT coordination.
Subtask 7.3 – Conflict Identification, Analysis and Recommended Resolution
Identify and analyze utility conflicts, compile, and distribute utility conflict lists involving aboveground, surface,
and underground conflicts, and make conflict resolution recommendations to utilities.
Revise utility conflict plan sheets based on 60% and 90% design plans and accompanying utility conflict
spreadsheets indicating, but not limited to, conflict item number, type of utility, conflict status, average cover
during and after construction, whether utility is in or out of public ROW, and comments.
Subtask 7.4 – Conflict Notification and Utility Relocations
Notify the impacted utilities and coordinate the efforts of the utility agencies in developing and executing a plan
for relocating utilities to resolve conflicts with the project design. As part of that effort:
1. Prepare and deliver to each involved utility owner a Conflict Notice with attached conflict list and map.
Assume up to five different utility operators. Notice shall require a utility response in the form of a
proposed facility adjustment plan and schedule to complete the utility work. Allow each utility a 30-day
period to respond with a proposal from date of the notice.
2. Review utilities’ proposed relocation plans to verify that identified conflict items are addressed and that
the plans accommodate and conform to the construction requirements for the project. Provide written
approval of each utility’s relocation plan. Up to eight total reviews will be performed for the utilities’
relocation plans.
Task 8: Public Involvement
To be included in a future Amendment if required.
Task 9: Right-of-Way
Subtask 9.1 – Right-of-Way Acquisition
The consultant will provide labor, equipment, and materials to acquire real property and easements to facilitate
project construction. Legal descriptions will be developed as described in 2.2. Property owner lists, maps, and
acquisition areas will be developed in subtask 6.4.
Right-of-way acquisition activities will conform to the standards contained in the Uniform Act of 1970 and
amendments, the laws of the State of Washington, and City policies and procedures.
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October 2022
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PBS Project 66084.002
Preliminary Title Reports
The consultant will obtain preliminary title reports for each property acquisition. The consultant will review each
preliminary title report for encumbrances, liens, or defects. The consultant will work with the title companies to
resolve encumbrances prior to completion of appraisals.
Assumptions
· There will be two property acquisitions
Deliverables
· Two preliminary title reports
Appraisal and Appraisal Review
The consultant will use a WSDOT-approved appraiser. The consultant will provide one real estate appraisal for
each ownership from which a property interest value of greater than $25,000 is to be acquired.
The consultant will complete appraisal waivers for those properties valued at less than $25,000.
Appraiser will provide written notice to owners of a planned appraisal inspection and will provide the property
owner or designated representative, if any, an invitation to accompany the appraiser on any inspection of the
property for appraisal purposes.
Appraisal will conform to the Uniform Standards of Professional Appraisal Practice (USPAP).
Deliverables
· Appraisals for one file
· Appraisal waivers for one file
Acquisition
The consultant will conduct property acquisition negotiations on behalf of the City.
The consultant will research the ownership status of the parcel and any existing conditions impacting the parcel.
The consultant will provide potential courses of action for obtaining clear title for the City.
The consultant will compile and/or prepare all essential documents to be submitted to owners using city-
approved documents. These include project information letters, acquisition and relocation brochures, offer-benefit
letters, acquisition summary statements, copy of the valuation, map of acquisition, and instruments of conveyance.
Universal shall make all offers in person or by certified mail.
The consultant will provide all property owners with:
· A complete copy of the valuation that just compensation is based upon at the initiation of negotiations.
The consultant will prepare and maintain written diaries of negotiator contacts with property owners and tenants
to document:
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City of Pasco
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October 2022
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PBS Project 66084.002
· Efforts to achieve amicable settlements
· Owners’ suggestions for changes in plans
· Responses to owners’ counterproposals, etc.
The consultant will make every reasonable effort to acquire the right-of-way expeditiously by negotiation.
Property owners must be given reasonable opportunity to consider the offer and present material the owner
believes is relevant to determining the value of the property.
Assumptions
· No relocation activity is anticipated
· The City will pay closing costs
· The City will Record documents and pay property owners
· Assumes no condemnation activities
· There are no federal funds or WSDOT oversight of right of way activities
· A project funding estimate is not part of this scope
Deliverables
· Two completed negotiation packets with documentation for recording
Task 10: Construction Management
To be included in a future Amendment.
City Deliverables to the Consultant
City Provided Information
Sample Projects
The City will provide copies of sample City plans and specifications. City will also provide standard details for
streets, traffic signal, street lighting and other available details.
Project Coordination
The City will assist the Consultant in managing relationships with other jurisdictions involved in the project,
adjacent property owners and the public. The City will provide staff to meet and discuss the project with the
Consultant as needed. The City will provide written comments pertaining to the design submittals.
Right of Entry Permits
The City will obtain the right of access to private parcels for all project developments. The Consultant shall
coordinate access.
Pavement Design
The City will select the pavement type and structural sections based on the pavement recommendation provided
by the Consultant.
Utility List
The City will provide the Consultant with a list of local contacts for utilities within the project limits. Design and
plan preparation for the addition or relocation of utilities within the project limits will be done by others.
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City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 14 of 14
PBS Project 66084.002
Street Light and Traffic Signal Requirements
The City will provide the illumination type, the minimum illumination levels and uniformity ratios to be used in the
project design. The City will also provide traffic signal design concepts, standards and policies, including traffic
interconnect schemes as needed.
Page 179 of 338
PBS Engineering and Environmental TOTAL ORIGIONAL TOTAL
(Engineering/Management)PBS Traffic ROW SUB AMENDMENT #1 BUDGET CONTRACT BUDGET
Task and Description ENG-Prncpl Engineer VIII Engineer VII Engineer VI Engineer V Engineer IV Engineer III Engineer II Engineer I CAD Manager CAD I Survey VI Survey II
Survey Crew
(2 Person)
UAS Operator
III Admin II Expense TOTAL Kittelson EPIC TOTAL AMOUNT AMOUNT
TASK 1 - PROJECT MANAGEMENT AND ADMINISTRATION 78,040.00 0.00 0.00 0.00 78,040.00 41,622.00 119,662.00
Subtask 1.1 - Contract Administration, Invoicing, and Progress Reports 5.00 1,000.00 0.00 $1,000.00 2,560.00 $3,560.00
Subtask 1.2 - Meetings 30.00 75.00 20.00 20.00 20.00 20.00 900.00 34,290.00 0.00 $34,290.00 16,202.00 $50,492.00
Subtask 1.3 - Management, Coordination and Direction 50.00 160.00 42,750.00 0.00 $42,750.00 22,860.00 $65,610.00
TASK 2 - SURVEY 16,216.00 0.00 0.00 0.00 16,216.00 42,580.00 58,796.00
Subtask 2.1: Surveying and Base Map 0.00 0.00 $0.00 42,580.00 $42,580.00
Subtask 2.2 - Right-of-Way Support 4.00 80.00 4.00 8.00 16,216.00 0.00 $16,216.00 $16,216.00
TASK 3: GEOTECHNICAL ENGINEERING 0.00 0.00 0.00 0.00 0.00 34,340.00 34,340.00
Subtask 3.1 Geotechnical Engineering 0.00 0.00 $0.00 34,340.00 $34,340.00
TASK 4: TRAFFIC ENGINEERING (KITTELSON PROJECT 2)0.00 162,135.00 0.00 162,135.00 162,135.00 162,135.00
Subtask 4.1 - Contract Administration, Invoicing, and Progress Reports 0.00 1,906.00 1,906.00 $1,906.00 $1,906.00
Subtask 4.2 - Meetings 0.00 7,902.00 7,902.00 $7,902.00 $7,902.00
Subtask 4.3 - Site Visit 0.00 11,075.00 11,075.00 $11,075.00 $11,075.00
Subtask 4.4 – 60% Design (PS&E)0.00 54,024.00 54,024.00 $54,024.00 $54,024.00
Subtask 4.5 – 90% Design (PS&E)0.00 33,237.00 33,237.00 $33,237.00 $33,237.00
Subtask 4.6 – Final Design (PS&E)0.00 17,730.00 17,730.00 $17,730.00 $17,730.00
Subtask 4.7 - QA/QC 0.00 36,261.00 36,261.00 $36,261.00 $36,261.00
TASK 5: ENVIRONMENTAL REVIEW AND DOCUMENTATION
TASK 6: DESIGN ENGINEERING 627,220.00 0.00 0.00 0.00 627,220.00 112,710.00 739,930.00
Subtask 6.1: 30 Percent Design (Preliminary)0.00 0.00 $0.00 112,710.00 $112,710.00
Subtask 6.2 – Project 1 - 90 Percent Design (PS&E)20.00 40.00 80.00 24.00 160.00 52,620.00 0.00 $52,620.00 $52,620.00
Subtask 6.3 – Project 1 - Final Design (PS&E)20.00 20.00 80.00 40.00 24.00 160.00 55,500.00 0.00 $55,500.00 $55,500.00
Subtask 6.4 – Project 2 – 60% Design (Plans and Estimate)20.00 40.00 80.00 120.00 256.00 200.00 320.00 153,540.00 0.00 $153,540.00 $153,540.00
Subtask 6.5 – Project 2 – 90% Design (PS&E)20.00 40.00 80.00 120.00 256.00 200.00 320.00 153,540.00 0.00 $153,540.00 $153,540.00
Subtask 6.6 – Project 2 – Final Design (PS&E)20.00 40.00 160.00 256.00 200.00 320.00 145,620.00 0.00 $145,620.00 $145,620.00
Subtask 6.5 - QA/QC 160.00 160.00 66,400.00 0.00 $66,400.00 $66,400.00
TASK 7: UTILITY COORDINATION 50,384.00 0.00 0.00 0.00 50,384.00 31,420.00 81,804.00
Subtask 7.1 Utility Coordination 0.00 0.00 $0.00 31,420.00 $31,420.00
Subtask 7.2 - Utility Meetings 8.00 16.00 16.00 32.00 12,264.00 0.00 $12,264.00 $12,264.00
Subtask 7.3 - Conflict Identification, Analysis and Recommended Resolution 8.00 16.00 32.00 60.00 19,060.00 0.00 $19,060.00 $19,060.00
Subtask 7.4 -Conflict Notification and Utility Relocations 8.00 16.00 32.00 60.00 19,060.00 0.00 $19,060.00 $19,060.00
TASK 8: PUBLIC INVOLVEMENT
TASK 9: RIGHT OF WAY 1,600.00 0.00 22,066.00 22,066.00 23,666.00 23,666.00
Subtask 9.1 – Right of Way Acquisition 8.00 1,600.00 22,066.00 22,066.00 $23,666.00 $23,666.00
TASK 10: CONSTRUCTION MANAGEMENT
Reimbursable Expenses 0.00 $0.00 $0.00
Copies 0.00 0.00 $0.00 $0.00
Expenses 0.00 0.00 $0.00 $0.00
Travel 0.00 0.00 $0.00 $0.00
0.00 $0.00 $0.00
TOTAL HOURS 0.00 368.00 636.00 420.00 440.00 0.00 836.00 1,092.00 980.00 0.00 0.00 80.00 4.00 8.00 0.00 0.00
MAX HOURLY RATES 250.00 215.00 200.00 185.00 172.00 160.00 150.00 137.00 125.00 140.00 105.00 165.00 119.00 210.00 170.00 100.00
TOTAL DOLLARS -$ 79,120.00$ 127,200.00$ 77,700.00$ 75,680.00$ -$ 125,400.00$ 149,604.00$ 122,500.00$ -$ -$ 13,200.00$ 476.00$ 1,680.00$ -$ -$ 900.00$ 773,460.00$ 162,135.00$ 22,066.00$ 184,201.00$ 957,661.00$ 262,672.00$ 1,220,333.00$
Broadmoor TIF – Final Design Projects 1 & 2 SUBCONSULTANTS
EXHIBIT B
Page 180 of 338
Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF —30%Plans Page 1 of 9
PROFESSIONAL SERVICES AGREEMENT
Broadmoor TIF -30%Plans
Agreement No.22-025
THIS AGIUEEMENT is made and entered into between the City of Pasco,a Washington
Municipal Corporation,hereinafter referred to as “City”,and PBS Engineering &Environmental,
Inc.,hereinafter referred to as “Consultant,”on the day of ,2022.
RECITALS
WHEREAS,the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills,training,equipment,and other supportive capabilities;and
WHEREAS,the Consultant represents that it is quali?ed and possesses sufficient skills,
experience,equipment,and necessary capabilities,including:technical and professional expertise,
when required,to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
WHEREAS,the City has,consistent with RCW 39.80,published an announcement related
to its need for Architectural and Engineering services,evaluated Consultant’s current performance
data,and has determined that Consultant is the most highly quali?ed ?rm to perform the
Architectural and Engineering services related to the Broadmoor Interchange project;and
WHEREAS,the City’s Public Works Director ?nds that the Agreement with Consultant
is both fair and reasonable in light of the duties to be performed,the Consultant’s performance
data,and the nature and complexity of the project.
NOW,THEREFORE,in consideration of the mutual covenants,and performances
contained herein,the parties agree as follows:
1.Sco e of Services.The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor,materials,facilities and equipment necessary for full
performance thereof,as identi?ed and designated as Consultant’s Responsibilities
throughout this Agreement,and as more particularly described in Scope of Work detailed
in Exhibit A,attached hereto and incorporated herein (the “Project”).
2.Term.This Project shall begin on the execution date listed above and promptly be
completed by 12/31/2023.
3.Com ensation and Pa ment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services.Such payment shall be full compensation for work performed or
services rendered,and for all labor,materials,supplies,equipment,and incidentals
necessary to complete the Project,
c/5
Page 181 of 338
3.2 No payment shall be made for any services rendered by the Consultant except for
services identi?ed and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performedunder this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought.The City shall approve all invoices before payment is
issued.Payment shall occur within thirty (30)days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement,as follows.
><Hourly (Multiple Rate):Such rates as identi?ed on Exhibit B,plus actual
expenses incurred as provided under this Agreement,but not to exceed a
total of $262 672.00 without the prior written authorization by the City.
4.Re orts and Ins ections.
4.1 The Consultant at such times and in such forms as the City may require,shall
furnish to the City such statements,records,studies,surveys,reports,data,and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall,at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary,make
available for examination all of its records and data with respect to all matters
covered,directly or indirectly,by this Agreement and shall permit the City,or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement.The City shall receive a copy of all audit
reports made by the agency or ?rm as to the Consultant’s activities.The City may,
at its discretion,conduct an audit at its expense,using its own or outside auditors,
of the Consultant’s activities which relate,directly or indirectly,to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant,during the term of this Agreement,shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense,and shall maintain its validity.Upon
request,the Consultant shall deliver to the City copies of these licenses,registration
documents,and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books,records and documents,which suf?ciently and
properly re?ect all direct and indirect costs related to the performance of this
Agreement,and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF 30%Plans Page 2 of 9
Page 182 of 338
4.5
These records shall be subject,at all reasonable times,to inspection,review,or
audit as provided above.
The Consultant shall retain all books,records,documents or other material relevant
to this Agreement for three (3)years after its expiration.Consultant agrees that the
City,or its designee,shall have full access and right to examine any of said
materials at all reasonable times during this period.
5.Ownershi and Use of Documents.
5.1
5.2
All research,tests,surveys,preliminary data,information,drawings and documents
made,collected,or prepared by the Consultant for performing the services subject
to this Agreement,as well as any ?nal product,collectively referred to as “work
product,”shall be deemed as the exclusive property of the City,including copyright
as secured thereon.Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City.Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement,or embedded in with the
materials,products and services provided thereunder,shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement.Any work product used by
the Consultant in the performance of these services which it deems as
“confidential,”“proprietary,”or a “trade secret”shall be conspicuously designated
as such.
In the event of Consultant’s default,or in the event that this Agreement is
terminated prior to its completion,the work product of the Consultant,along with
a summary of the services performed to date of default or termination,shall become
the property of the City,and tender of the work product and summary shall be a
prerequisite to ?nal payment under this Agreement.The summary of services
provided shall be prepared at no additional cost,if the Agreement is terminated
through default by the Consultant.If the Agreement is terminated through
convenience by the City,the City agrees to pay Consultant for the preparation of
the summary of services provided.
6.Public Records.
6.1
6.2
Professional Services Agreement PBS Engineering &Environmental,Inc.
Broadmoor TIF -30%Plans
Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.”All preliminary drafts or notes prepared or gathered by the
Consultant,and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City,the Consultant shall respond to the request by
the City for such records within ?ve (5)business days by either providing the
records,or by identifying in writing the additional time necessary to provide the
Agreement No.22-025
Page 3 of 9
Page 183 of 338
Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF 30%Plans Page 4 of 9
6.3
records with a description of the reasons why additional time is needed.Such
additional time shall not exceed twenly (20)business days unless extraordinary
good cause is shown.
In the event the City receives a public records request for protected work product
of the Consultant within its possession,the City shall,prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10)business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
Inde endent Contractor Relationshi .
7.1
7.2
7.3
7.4
The parties intend that an independent contractor relationship is created by this
Agreement.The City is interested primarily in the results to be achieved;subject
to the scope of services and the specific requirements of this Agreement,the
implementationof services will lie solely with the discretion of the Consultant.No
agent,employee,officer or representative of the Consultant shall be deemed to be
an employee,agent,officer,or representative of the City for any purpose,and the
employees of the Consultant are not entitled to any of the bene?ts or privileges the
City provides for its employees.The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents,employees,officers,
subcontractors or representatives during the performance of this Agreement.
In the performance of the services provided in this Agreement,Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work,however,the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
The Consultant shall comply with all State and Federal laws including,but not
limited to:
7.3.1 The de?nition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 5l.08.l95 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
The City may,at its sole discretion,require the Consultant to remove any employee,
agent or servant from employment on this Project who,in the City’s sole discretion,
may be detrimental to the City’s interest.
Page 184 of 338
8.Indemni?cation.
8.1 The Consultant shall defend,indemnify,and hold harmless 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 resulting from the
acts,errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However,should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115,then,in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant,and the City,its officers,officials,
employees,and volunteers,the Consultant’s liability,including the duty and cost
to defend,hereunder shall be only to the extent of the Consultant’s negligence.It is
?irther speci?cally and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,
Title 51 RCW,solely for purposes of this indemni?cation.This waiver has been
mutually negotiated by the parties.The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages,penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 6 above.
9.Insurance.The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant,its
agents,representatives,employees,or subcontractors.The Consultant’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance,or otherwise limit the City’s
recourse to any remedy available at law or in equity.
9.1 Minimum Sco e of Insurance.Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned,non-owned,hired and
leased vehicles.Coverage shall be at least as broad as Insurance Services
Of?ce (ISO)form CA 00 O1.
9 1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 O1 and shall cover liability arising from premises,
operations,stop-gap independent contractors and personal injury and
advertising injury.The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF —30%Plans Page 5 of 9
Page 185 of 338
9.2
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
Minimum Amounts of Insurance.Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
9.3
9.4
9.5
9.6
Professional Services Agreement
Broadmoor TIF —30%Plans
$2,000,000 each occurrence;and
X $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than.
$2,000,000 per claim;and
X $2,000,000 policy aggregate limit;
Other Insurance Provision.The Consultant’s Automobile Liability,Professional
Liability,and Commercial General Liability insurance policies are to contain,or be
endorsed to contain that they shall be primary insurance as respect the City.Any
insurance,self-insurance,or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party,except after thirty (30)days prior written notice
by certi?ed mail,return receipt requested,has been given to the City.
93.1
Acce tabili of Insurers.Insurance is to be placed with insurers with a current
A.M.Best rating of not less than A:VII.
Veri?cation of Covera e.Consultant shall furnish the City with original
certi?cates and a copy of the amendatory endorsements,including,but not
necessarily limited to,the additional insured endorsement,evidencing the insurance
requirements of the Agreement before commencement of the work.
Notice of Cancellation.The Consultant shall provide the City with written notice
of any policy cancellation within two (2)business days of their receipt of such
notice.
Agreement No.22-025
Page 6 of 9
PBS Engineering &Environmental,Inc.
Page 186 of 338
4}}IV
Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF -30%Plans Page 7 of 9
10.
11.
12.
9.7 Cit Full Availabili of Consultant Limits.If the Consultant maintains higher
insurance limits than the minimums shown above,the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant,irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certi?cate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance.Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract,upon which the
City may,after giving ?ve (5)business days notice to the Consultant to correct the
breach,immediately terminate the Agreement or,at its discretion,procure or renew
such insurance and pay any and all premiums in connection therewith,with any
sums so expended to be repaid to the City on demand,or at the sole discretion of
the City,offset against funds due the Consultant from the City.
Nondiscrimination.In the performance of this Agreement,the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed,color,national origin,sex,marital status,age or the presence of any sensory,mental
or physical handicap;provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved.The Consultant shall ensure that applicants
are employed,and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race,creed,color,national origin,
sex,marital status,age or the presence of any sensory,mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local,State and Federal laws prohibiting discrimination in
employment.
Covenant A ainst Contin ent Fees.The Consultant warrants that it has not employed
nor retained any company,firm,or person,other than a bona ?de employee working
exclusively for the Consultant,to solicit or secure this Agreement;and that it has not paid
or agreed to pay any company,person or firm,other than a bona fide employee working
exclusively for the Consultant,any fee,commission,percentage,brokerage fee,gift,or
other consideration contingent upon or resulting from the award or making of this
Agreement.For breach or violation of this warranty,the City shall have the right to
terminate this Agreement.
Assi nment and Subcontractin .
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services.The Consultant shall not assign (or
subcontract other than as specifically identi?ed in Exhibit A)its performance under
this Agreement or any portions of this Agreement without the prior written consent
Page 187 of 338
Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF 30%Plans Page 8 of 9
For the Cit :For the Consultant:
Brian Cartwright,or designee Jason Mattox,PE,or designee
CIP Project Manager Senior Civil Engineer
525 North 3rd 400 Bradley Blvd,Suite 106
PO Box 293 Richland,WA 99352
Pasco WA 99301
13.
14.
of the City,which consent must be sought at least thirty (30)days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6,Public Records;Section 10,
Nondiscrimination;proper bidding procedures where applicable;and all local,State
and Federal statutes,ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,must
have prior Written approval by the City.
Termination.
13.1 Termination for Convenience.Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10)business days Written notice
in advance of the effective date of such termination.
13.2 Tennination for Cause.If the Consultant fails to perform in the manner called for
in this Agreement,or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within ?ve (5)business
days of written notice thereof,the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default.The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
General Provisions.
14.1
14.2
14.3
For the purpose of this Agreement,time is of the essence.
Notice.Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators;or
14.2.2 Certi?ed mail to the physical address of the parties,or by electronic
transmission to the e-mail addresses designated for the parties below
The Project Administrator for the purpose of this Agreement shall be:
ason.mattox bsusa.com
Cartwri htB asco-wa.ov
Page 188 of 338
15.Dis ute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement,breach,default,or
interpretation of this Agreement,the Project Administrators,or their designees,
shall first meet in a good faith effort to resolve such dispute.In the event the dispute
carmot be resolved by agreement of the parties,said dispute shall be resolved by
arbitrationpursuant to RCW 7.04A,as amended,with both parties waiving the right
of a jury trial upon trial de novo,with venue placed in Pasco,Franklin County,
Washington.The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16.Nonwaiver.Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17.Inte ration.This Agreement between the parties consists in its entirety of this document
and any exhibits,schedules or attachments.Any modi?cation of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18.Authorization.By signature below,each party warrants that they are authorized and
empoweredto execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO,WASHINGTON CONSULTANT
Digitallysigned by Jason Mattox
Date:2022.07.27 15:53:01-07'OD'
ave Zabell 1 anager Jason Mattox,P.E Vice President
Professional Services Agreement —PBS Engineering &Environmental,Inc.Agreement No.22-025
Broadmoor TIF 30%Plans Page 9 of 9
Debra C.Barharn,City Clerk Kerr Fergus aw ,City Attorney
ATTEST:APPROVED TO FORM:
Page 189 of 338
El PBS
Scope of Work
Broadmoor TIF -30%Plans
CITY OF PASCO,WASHINGTON
.1.
5.
9..
INTRODUCTION
PBS Engineering and Environmental Inc.(PBS)and their Consultant team have been selected by the City of Pasco
to perform traffic and design engineering,environmental permitting,public involvement and other related
professional services for the Broadmoor Tif project.Professional services will include civil engineering,traffic
engineering,environmental process 8Lpermits,and utility coordination.This project is funded through Tax
increment financing funds.
The project team currently includes:
0 Kittelson 8t Associates,Inc.(KAI)Signal design
This phase of the project will define the roadway sections,evaluate the limits of full build roadways and core
roadways,and will progress the design through the 30%phase.Upon City concurrence with project limits and
limits of the first construction package,a supplement agreement will be prepared to complete the project design,
any necessary permitting,and potential right of way acquisition.It is assumed that this first phase of the project
design will last up to 3 months.
PROJECT DESCRIPTION/BACKGROUND
A portion of the Broadmoor site roadway network,associated frontage and signal improvements are planned to
be led by the City of Pasco and’funded through the Tax Incremental financing process.The City has signed a
Letter of Understanding with COSTCO which commits the City to have the COSTCO related work out for
advertisement in the Winter of 2022.The Goal of this first portion of the project is to do the following:
0 Coordinate preferred ultimate roadway sections.
0 Develop all TIF related roadway segments to 30%design
o Evaluate potential project phasing opportunities
0 Determine the amount of improvements that can feasibly be designed for the first construction package.
o Determine ultimate Right of way widths throughout the 30%design process.This will be done in
collaboration between the City Public Works CIP Engineering,City Planning,and the Broadmoor
developer.
OVERALL PROJECT ASSUMPTIONS
-Traffic modeling will be performed by DKS under a separate agreement with the City
-DKS will provide signal related lane configurations and storage lengths.
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Page 190 of 338
9P
City of Pasco
Broadmoor TIF —30%design
Julv 2022
Page 2 of 12
Se ment 1 -North side of Interstate 182 to Sandifur Intersection
The Sco e of this ro ect is antici ated to match the followin ortions of the TIF documentation.
Broadmoor Area TIF Projects
Corridor lm rovements
Sandifur Parkway —Bedford Street to Road 108
Se ment 1 Bedford Street to Broadmoor Boulevard Intersection
A Road Improvements to the existing road including additional width on the North and South including asphalt,
curb/gutter,sidewalk,striping,relocation of street lights and storm water.
Se ment 2 —Broadmoor Intersection to Road 103 Intersection
Construct new road including with as many as 7—fulllanes of asphalt.New improvements on the north will also
include curb/gutter,sidewalk,striping,street lights and storm water.The south side will be built to the toe-of-
curb with the frontage improvement being completed by the parcel owner at the time of development.
C Construct domestic watermains with fire hydrants and service stubs with meter boxes at "best-guess"
locations.
Construct sanitary sewer mains with future service stubs at "best-guess"locations.
Construct irrigation mains with future service stubs at "best—guess"locations.
Se ment 3 —Road 103 Intersection to Road 108 Intersection
Construct new road including with as many as 5—fulllanes of asphalt.New road will be built on both sides to
F the toe-of—curbwith the frontage improvement being completed by the parcel owner at the time of
development.
G Construct domestic watermains with fire hydrants and service stubs with meter boxes at "best—guess"
locations.
Construct sanitary sewer mains with future service stubs at "best-guess"locations.
Construct irrigation mains with future service stubs at "best-guess"locations.
Broadmoor Boulevard -Interstate 182 to Burns Road
PBS Project #66084.002
Page 191 of 338
City of Pasco
Broadmoor TIF 30%design
July 2022
Page 3 of 12
Widen existing Road surface on the west side to create as many as (7—fu|llanes)of asphalt.The west side will
be built to the toe—of—curbwith the frontage improvement being completed by the parcel owner at the time of
development.Utilities currently exist within Broadmoor Boulevard but may need minor adjustment.
Se ment 2 —Sandifur Intersection to Buckin ham intersection
Widen existing Road surface on the west side to create as many as (5—fulllanes)of asphalt.The west side will
include curb/gutter,multi—use pathway,striping,street lights,storm water and landscaping.Utilities currently
exist within Broadmoor Boulevard but may need minor adjustment.
Se ment 3 Buckin ham intersection to Burns Road Intersection
Widen existing Road surface on the west side to create as many as (5—fulllanes)of asphalt.The west side will
be built to the toe—of—curbwith the frontage improvement being completed by the parcel owner at the time of
development.Utilities currently exist within Broadmoor Boulevard but may need minor adjustment.
Road 108 -Harris Road to Sandifur Parkway
Se ment 1 -Connection at Harris Road to Road 103 Intersection
Construct new road including with as many as 3-full lanes of asphalt.The road will be built to the toe—of—curb
N on both the east and west sides with the frontage improvement being completed by the parcel owner at the
time of development.
0 Construct domestic watermains with fire hydrants and service stubs with meter boxes at "best—guess"
locations.
Construct sanitary sewer mains with future service stubs at "best-guess"locations.
Construct irrigation mains with future service stubs at "best—guess"locations.
Se ment 2 -Road 103 Intersection to Sandifur Parkwa
Construct new road including with as many as 3-full lanes of asphalt.The road will be built to the toe—of—curb
R on both the east and west sides with the frontage improvement being completed by the parcel owner at the
time of development.
5 Construct domestic watermains with fire hydrants and service stubs with meter boxes at "best-guess"
locations.
Construct sanitary sewer mains with future service stubs at "best—guess"locations.
Construct irrigation mains with future service stubs at "best—guess"locations.
Intersection Im rovements
Buckingham Drive /Broadmoor Boulevard
PBS Project #66084.002
Page 192 of 338
Sandifur Parkwayl Broadmoor Boulevard
AA Construct full intersection improvements including asphalt,curb/gutter,sidewalk with ADA ramps,
signalization,lighting,striping and landscaping.
BB
Utilities extending through this improvement will be included in the corridor sections.
Broadmoor Properties will supply Signalization to be installed for this intersection.
Utilities extending through this improvement will be included in the corridor sections.
City of Pasco
Broadmoor TIF —30%design
Julv 2022
Page 4 of 12
X Construct full intersection improvements including asphalt,curb/gutter,sidewalk with ADA ramps,
signalization,lighting,striping and landscaping.
Sandifur Parkway/Road 108
Construct a "core"roundabout that includes all the asphalt necessary to extend 2'past the proposed final toe-
CC of-curb/gutter.This effort will also include temporary gravel shoulder drainage swale as well as striping and
lighting.
DD Frontage improvements including curb/gutter,sidewalk,striping,street lights and storm water,being
completed by the parcel owner at the time of development.
EE
Utilities extending through this improvement will be included in the corridor sections.
H:Construct full intersection improvements including asphalt,curb/gutter,sidewalk with ADA ramps,
signalization,lighting,striping and landscaping.
GG
Utilities extending through this improvement will be included in the corridor sections.
Road 108 /Harris Road /Road 103
Construct a "core"roundabout that includes all the asphalt necessary to extend 2'past the proposed final toe-
HH of—curb/gutter.This effort will also include temporary gravel shoulder drainage swale as well as striping and
lighting.
H Frontage improvements including curb/gutter,sidewalk,striping,street lights and storm water,being
completed by the parcel owner at the time of development.
KK
Utilities extending through this improvement will be included in the corridor sections.
Broadmoor Boulevard /Burns Road
LL Construct a portion,defined in separate participation memorandum,of full intersection improvements
including asphalt,curb/gutter,sidewalk with ADA ramps,signalization,lighting,striping and landscaping.
MM
Utilities extending through this improvement will be included in the corridor sections.
PBS Project #66084.002
Sandifur Parkway /Road 103
Page 193 of 338
City of Pasco
Broadmoor TlF 30%design
July 2022
Page 5 of 12
SCOPE OF WORK
PBS shall oversee project tasks and coordinate with City representatives to manage the scope,schedule and
budget for the design engineering phase.The current phase of the project is assumed to take up to 3 months to
complete.
Subtask 1.1 Contract Administration,Invoicing,and Progress Reports
Prepare and submit monthly invoices.Each invoice will include:date period covered by invoice,number of
hours worked during the billing period with billing rates shown;expenses and associated mark—ups;total
cost for labor and expenses for the billing period;subconsultants fees including markups for the billing
period;and a total amount summarizing labor,expenses,and subconsultant fees.
Prepare a Contract Summary Report to accompany the monthly invoices.The Contract Summary Report
will list each invoice as well as current invoice with an itemized summary of invoice numbers,dates,and
amounts billed for labor,expenses,and subconsultants as well as total amounts for each invoice.The
Contract Summary Report will also list the total amount billed to date,total amount remaining under
contract,and contract expiration date.
Maintain required contract documentation.Provide copies of project files and records to the CITYfor
audits and public information requests.Final documents shall be provided in electronic format as
requested.
Deliverables
Monthly invoices,Contract Summary Reports,and Project Status Reports.
Project Documentation,upon request
Subtask 1.2 Meetings
This item includes the coordination and meetings necessary to successfully complete the project.
Preparation for and attendance at project kickoff meeting with City Staff including up to two PBS staff
attending a 2-hour kickoff meeting with City staff in Pasco.
Up to 12 weekly phone meetings with City Staff
Up to 6 internal PBS design team coordination and meetings.
Preparation for and attendance monthly (3)project coordination meeting with City staff including and up
to two PBS staff.Other consultant team members will attend meetings as needed.
Meet with City staff after the review of the 30%plan submittal,this meetings will be attended instead of
the monthly meeting these months.
Deliverables
Meeting Agendas and Meeting Summaries
Design Submittal Comment Review and Response Log
PBS Project #66084.002
TASK 1:PROJECT MANAGEMENT AND ADMINISTRATION
Page 194 of 338
City of Pasco
Broadmoor TIF —30%design
July 2022
Page 6 of 12
Subtask 1.3 Management,Coordination,and Direction
The Consultant shall provide management,coordination,and direction to the Project team in order to
complete the project on time and within budget.The City fosters a partnership approach of all
stakeholders in the Project.The Consultant shall integrate this strategy into the overall management
approach.
The Consultant shall establish a quality management program and designate responsibility for review of
technical work and other deliverable products.
Prepare and maintain project design schedule.The schedule shall identify CONSULTANT tasks and items
provided by CITY and other consultants.The schedule shall be updated as circumstances require or as
requested by the CITY (assumes 1 update).
The Consultant shall prepare and submit an activities list and schedule to the City following the Notice to
Proceed.The schedule shall show appropriate milestones for the Project,including intermediate and final
submittal dates for design documents and key decision points.
The Consultant shall coordinate Consultant tasks and activities with the City.
Deliverables
Project Schedule&Schedule Updates
Summary notes of coordination efforts
QA/QC Program
Deliverables
Coordination meeting agendas and meeting summaries.
Subtask 2.1 -Surveying and Base Map
PBS will perform boundary resolution,topographic surveying and data collection services to include the following:
-Establish a control network throughout the project limits based on vertical datum (NAD83 81 NAVD88—
2011).
0 Conduct research of existing records for information on deeds,surveys,plats,road rights—of—wayand
easements along the project corridor.
0 The survey field crew will collect data (property corners,right—of—way/centerline monuments,control and
physical boundary/right—of—wayfeatures)in the project area and relevant to the project site.The project
surveyor will then review,research field data and determine the current right—of—waylocation.
0 Order and obtain title reports for adjacent properties as needed (Assumes 6).
0 Prepare existing surface model reflecting collected topographic survey and breaklines.
PBS Project #66084.002
TASK SURVEYIN
Page 195 of 338
City of Pasco
Broadmoor TIF 30%design
July 2022
Page 7 of 12
ARY
IDENING
)ENlNG/
UCTION
Base Map
0 Upon completion of topographic survey and development of the surface model,PBS will prepare an
existing conditions base map showing mapped features and utilities collected from both survey and as-
built plans.
0 Consultant shall coordinate with City staff regarding drafting standards and conventions.
Site Visits
0 Consultant will conduct site visits to verify the design fits the field conditions.
Project Photos
0 Consultant will conduct site visits,and conduct field verification of survey data represented in project
base map.Consultant will use photographs to document pre—project conditions.
Assumptions
0 Traffic control is not anticipated with this scope of work
I Title reports will be billed as an expense
PBS Project #66084.002
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0 Additional topographic survey will be performed at the following locations:
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Page 196 of 338
Deliverables
0 Topographic Survey
0 Surface Model
o Basemap
0 Legals and descriptions for ROW acquisition is not included in this scope of work
City of Pasco
Broadmoor TIF—30%design
July 2022
Page 8 of 12
Subtask 3.1 Geotechnical Engineering
Geotechnical investigations will be completed to support the roadway improvements including;signal poles at the
intersections of Sandifur Parkway and Road 103,Sandifur Parkway and Broadmoor Boulevard,Buckingham Drive
and Broadmoor Boulevard,and Burns Road and Broadmoor Boulevard;new utility installation;and stormwater
swales and subsurface infiltration to manage surface water runoff.
Preliminary literature review indicates the site is underlain with Pleistocene gravel and sandy gravel deposits with
interbedded silt lenses,as well as Holocene deposits of fine—to medium—grained sand and silt in dunes.Mapping
of the site indicates very low to low liquefaction susceptibility and a seismic site class of C or D.Nearby
groundwater well logs report dry conditions at depths of up to 30 feet below the existing ground surface (bgs).
Work will consist of the following:
Subsurface Exploration
Borings
Subsurface conditions will be explored by completing six borings near proposed signal locations using a traCk—
mounted drill rig.Borings will be advanced to depths of 25 feet bgs or practical refusal of the drilling equipment,
whichever occurs first.In situ,standard penetration tests will be performed at 2.5-to 5—footintervals.The borings
will be logged,observed groundwater levels noted,and representative soil samples collected by a member ofthe
PBS geotechnical engineering staff.
Test pits
Subsurface exploration will also include one day of test pits,estimated at eight to ten test pits,throughout the
proposed development area.The test pits will be excavated to depths of up to 12 feet bgs or practical refusal,
whichever occurs first.A member of the PBS geotechnical engineering staff will log the explorations and collect
disturbed samples at selected depths for classification and laboratory testing.
Field Infiltration Testing
Four infiltration tests will be completed,one each in four test pits,at depths of approximately 4 to 6 feet bgs in
general accordance with eastern Washington test procedures.Soil samples will be collected at each test pit
immediately below the infiltration test depth for laboratory testing.PBS will attempt to advance test pits at least 5
feet below the infiltration test depth.
Soils Testing
PBS Project #66084.002
TASK 3:GEOTECHNICAL ENGINEERING
Page 197 of 338
TASK TRAFFIC ENGINEERIN
City of Pasco
Broadmoor TIF—30%design
July 2022
Page 9 of 12
Selected samples will be returned to our laboratory and classified by the Unified Soil Classification System (
ASTMD2487)and/or the Visua|—Manua|Procedure (ASTM D2488).Laboratory tests may include natural moisture
contents,Atterberg limits,cation exchange capacity,and grain—sizeanalyses,as appropriate.
Geotechnical Engineering Analyses
The data collected during the subsurface exploration,literature research,and testing will be analyzed to develop
geotechnical recommendations for design and construction.
Assumptions
The above scope of work is based upon the following assumptions:
0 City of Pasco standard Pavement Sections will be used,no additional pavement design will be provided.
0 Field work will be performed during daylight hours.
0 If contaminated soils are encountered,then additional charges will be incurred for equipment
decontamination,testing,and soil disposal.
o If needed the City and will issue a street use permit at no cost to the consultant
Deliverables
A geotechnical engineering report will be prepared containing the results of our work,including the
following information:
Field exploration logs and site plan showing approximate exploration locations
Laboratory test results
Infiltration test results
Groundwater considerations
Liquefaction potential
Signal pole foundation design recommendations:
0 Minimum embedment
o Allowable bearing pressure
o Allowable lateral bearing pressure
Earthwork and grading,cut,and fill recommendations:
0 Structural fill materials and preparation,and reuse of on—sitesoils
o Wet weather considerations
0 Utility trench excavation and backfill requirements
0 Temporary and permanent slope inclinations
Seismic design criteria in accordance with the current AASHTO LRFDand WSDOT Geotechnical Design
Manual (GDM)
To be included in future Amendment.
To be included in future Amendment.
PBS Project #66084.002
TASK 5:ENVIRONMENTAL REVIEWAND DOCUMENTATION
Page 198 of 338
TASK 6:DESIGN ENGINEERIN
City of Pasco
Broadmoor TIF 30%design
July 2022
Page 10 of 12
The consultant will advance the design to preliminary (30 percent)plans during the current phase of the project.
The Consultant team will be responsible to provide design engineering services for the deliverables outlined
below for the following submittals:
0 Preliminary (30%)Submittal
0 QA/QC
Subtask 6.1:30 Percent Design (Preliminary)
The consultant will coordinate roadway design standards with planning and public works with accordance with
Broadmoor Design Guidelines,develop preliminary documents to the 30 percent design stage.These documents
will be used to assist the permit process,and determination of work to be constructed in 2023.Review documents
will consist of drawings,and a preliminary opinion of probable construction cost for each separate roadway
segment (as detailed in the Broadmoor TIF projects list in project assumptions).At this design level,the overall
design layout,footprint,and geometrics of the project are established,and all decisions required to generate
construction details have been made.
Consultant Shall summarize the roadway design standards and decisions in an excel spreadsheet for City staff
concurrence.Standards will include but not be limited to:
0 Right of way
-Lane widths
o Curb return radii
o Roadway cross—section
o Roadway section depth
0 Design speed
c Design vehicle
0 Transition tapers
o Max.and min.profile grades
0 Vertical curve criteria
The 30%plans shall include:
0 Cover Sheet (1 sheet)
0 Civil Legend Sheet (1 sheet)
0 Typical Sections (4 sheets)
0 Plan over Profile Sheets showing basic roadway geometry information,preliminary striping,preliminary
utility layouts,and preliminary signal pole locations (32 sheets)
Deliverables
-Ultimate lane configuration recommendation along the corridor
o 30%Plans,and Cost Estimates 3 hard copies of the plans (11X17),a PDF of the plan set,and cost
estimate)
PBS Project #66084.002
Page 199 of 338
TASK 7:UTILITYCOORDINATION
City of Pasco
Broadmoor TIF—30%design
July 2022
Page 11 of 12
o 30%Construction Cost Estimate broken into each of the 8 potential project segments/phases.Estimates
will include ROW needs tabulated with Parcel ID and square feet.
-30%Phasing strip map.
Subtask 6.2 -60 Percent Design (PS8LE)
To be included in future Amendment.
Subtask 6.3 -90 Percent Design (PS8LE)
To be included in future Amendment.
Subtask 6.4 -Final Design (PS8LE)
To be included in future Amendment.
Subtask 6.5 -QA/QC
The Consultant will provide quality assurance/quality control (QA/QC)for design work in accordance with the
Consultant's QA/QC Program.The Consultant will provide senior level design and construction personnel to
review plan submittals and provide technical support.
Subtask 7.1 —Preliminary Utility Coordination
Consultant will coordinate with utilities within the project limits to obtain existing system mapping and will
review mapping for consistency with project base map.Conduct a utility reconnaissance of the project corridor
to determine visual evidence of underground and above ground utility facilities and confirm utility provided
facility maps and project base map completeness.Identify and discuss with each utility special requirements
associated with their facility relocation or modification.
Deliverables
0 At the 30%Submittal Existing utilities identified and marked on survey basemapping based off utility
feedback.
0 Utility summary memo
Subtask 7.2 -Utility Meetings
To be included in future Amendment.
Subtask 7.3 -Conflict Identification,Analysis and Recommended Resolution
To be included in future Amendment.
Subtask 7.4 -Conflict Notification and Utility Relocations
To be included in future Amendment.
PBS Project #66084.002
TASK 8:PUBLIC INVOLVEMENT
Page 200 of 338
TASK 9:RIGHT OF WAY
City of Pasco
Broadmoor TIF 30%design
July 2022
Page 12 of 12
To be included in future Amendment.
City Provided Information
Sample Projects
The City will provide copies of sample City projects,BA documents,and design guidelines.The City will also
provide electronic files of title blocks,ortho and aerial drawings and standard details for streets,traffic signal,
street lighting and other available details.
Project Coordination
The City will assist the Consultant in managing relationships with otherjurisdictions involved in the project,
adjacent property owners and the public.The City will provide staff to meet and discuss the project with the
Consultant as needed.The City will provide written comments pertaining to the design submittals.
Right of Entry Permits
The City will obtain the right of access to private parcels for all project developments.The Consultant shall
coordinate access.
Pavement Design
The City will select the pavement type and structural sections based on the pavement recommendation provided
by the Consultant.
Utility List
The City will provide the Consultant with a list of local contacts for utilities within the project limits.Design and
plan preparation for the addition or relocation of utilities within the project limits will be done by others.
Street Light and TrafficSignal Requirements
The City will provide the illumination type,the minimum illumination levels and uniformity ratios to be used in the
project design.The City will also provide traffic signal design concepts,standards and policies,including traffic
interconnect schemes as needed.
PBS Project #66084.002
To be included in future Amendment.
To be included in future Amendment.
TASK 10:CONSTRUCTION MANAGEMENT
CITY DELIVERABLESTO THE CONSULTANT
Page 201 of 338
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Page 202 of 338
‘ElPBS
Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum
amount is so indicated in the proposal or services agreement.
PROFESSIONAL TECHNICAL STAFF
ENGINEERING/SURVEYING
Engineering Technician ........................105.00
Engineering Staff I..................................125.00
Engineering Staff ll.......137.00
Engineering Staff Ill ...............................150.00
Engineer IV................................................160.00
Engineer V.......
Engineer VI................................................185.00
Engineer VII...............................................200.00
Engineer VIII..............................................215.00
Principal EngIneer...................................250.00
Design Technician I................................115.00
Design Technician II...............................125.00
Design Technician III.............................130.00
Design Technician IV.............................140.00
ENVIRONMENTAL
Field Technician I .......................................85.00
Field Technician II......................................95.00
Field Scientist/Planner.............................90.00
Staff Scientist/PlannerI........................100.00
Staff Scientist/Plannerll.......................115.00
Project Scientist/Planner 120.00
Project Scientist/PlannerII..................130.00
Project Scientist/PlannerIII.................140.00
Sr.Scientist/PlannerI............................165.00
Sr.Scientist/PlannerII...........................175.00
Principal Scientist/Planner..................240.00
INDUSTRIAL HYGIENE
Industrial Hygienist/Monitor .............85.00
Ind.Hyg./AHERAInspector I.................95.00
Ind.Hyg./AHERAInspector ll.............110.00
Certified Industrial Hygienist I...........135.00
TECHNICAL SUPPORT STAFF
Administration ..........90.00
Administration II......................................100.00
Administration III....................................110.00
Project Administrator I ............................95.00
Project Administrator II........................105.00
Project Administrator III.......................115.00
Project Administrator IV......................125.00
CAD/MicroStationTech I.....................105.00
Personnel may charge time exceeding eight hours per day and weekends at 725%of the regular hourly rate.
Engineering Geologist I........................145.00
Engineering Geologist I|165.00
Survey III.....................................................124.00
Survey IV.....................................................134.00
Survey V......................................................150.00
Survey VI.....................................................165.00
Survey VII....................................................185.00
Survey 1—PersonCrew ...........................155.00
Survey 2—PersonCrew ...........................210.00
Survey 3—PersonCrew ...........................260.00
Unmanned Aerial Sys Operator I......140.00
Unmanned Aerial Sys Operator II 150.00
Staff Env./Regulatory Specialist ........110.00
Project Env./Regulatory Specialist...130.00
Sr.Env./Regulatory Specialist ............160.00
Project Env.Compliance Monitor....130.00
Sr.Env.Compliance Monitor ..............140.00
Staff Geologist I..................................105.00
Staff Geologist II......................................115.00
Project Geologist/Hydrogeologist I..120.00
Project Geologist/Hydrogeologist II 135.00
Sr.Geologist/Hydrogeologist I .........150.00
Sr.Geologist/Hydrogeologist |I........170.00
Certified Industrial Hygienist II..........170.00
Sr.Industrial Hygienist I.......................145.00
Sr.Industrial Hygienist II......................155.00
Trainer/Safety Specialist.......................125.00
CAD/MicrostationTech II....................115.00
CAD Manager ...........................................140.00
Writer/EditorI...........................................110.00
Writer/EditorII.........................................125.00
Graphic Artist............................................115.00
IT/DatabaseManagement ..................125.00
GIS Analystl ..............................................110.00
GIS Analyst II.............................................130.00
Court and arbitration time may be charged at two times the above rate.
Unmanned Aerial Sys Operator |I|...170.00
Landscape/Planning I...........................
..
..95.00
Landscape/Planning II...........................105.00
Landscape/Planning III.........................115.00
Landscape/Planning IV.....................
..
..130.00
Landscape/Planning V ......................
..
..147.00
Landscape/Planning VI.........................170.00
Landscape/Planning VII........................190.00
Construction Inspector I.......................105.00
Construction Inspector II.....................117.00
Construction Inspector |||.....
Construction Inspector IV....................145.00
Construction Inspector V .....................155.00
Construction Inspector 170.00
Sr.Geologist/Hydrogeologist III.......190.00
Sr.Geologist/Hydrogeologist IV.......220.00
Prin.Geologist/Hydrogeologist ........240.00
Project Manager (Env)......................
...
..135.00
Sr.Project Manager I.............................145.00
Sr.Project Manager II............................155.00
Sr.Project Manager III...........................175.00
Sr.Project Manager IV..........................185.00
Sr.Project Manager V ...........................200.00
Sr.Project Manager VI..........................220.00
Project Designer/Planner .....................115.00
Project Manager (IH).......................
....
..125.00
Sr.Project Manager (IH).......................145.00
Principal—Industrial Hygiene ............205.00
GIS Analyst Manager .............................150.00
Grant Writer .................................
...........
..145.00
Public Involvement I..............................100.00
Public Involvement II.............................115.00
Public Involvement III............................130.00
Public Involvement IV...........................150.00
Public Involvement Manager .............170.00
L:\Contracting\'PBS Contract Documents\2022_LaborRates Rev.7/2022
Z022 HOURLY RATE SCHEDULE
EFFECTIVE JULY 2,2022
Page 203 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4277 - Amendment No. 3 to Professional Services
Agreement with Carollo Engineers, Inc. for Butterfield Facility Plan
I. REFERENCE(S):
Resolution
Amendment No. 3
Professional Services Agreement (PSA)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4277, authorizing the Interim City
Manager to execute Amendment No. 3 to the Professional Services Agreement
with Carollo Engineers, Inc. for the Butterfield Water Treatment Plant Facility
Plan Project.
III. FISCAL IMPACT:
Original PSA $259,952.00
Amendment No. 1 $29,134.00
Amendment No. 2 $0 Additional Time
Amendment No. 3 (proposed) $59,866.00
New PSA Total $348,952.00
IV. HISTORY AND FACTS BRIEF:
Background
Carollo Engineers has worked with the City of Pasco to develop a Facility Plan
for needed upgrades to the Butterfield Water Treatment Plant (Butterfield). The
development of multiinvolved plan this a -that process year established
performance goals for But quality, terfield, reviewed past water evaluated
Butterfield performance and condition, evaluated alternatives for water treatment
processes, and developed a capital improvements plan (CIP) specific to the
facility which includes repair and replacement projects for Butterfield. During the
Page 204 of 338
summer of 2021, while the sequencing of the identified CIP projects was being
developed, Pasco and other water providers in the region that draw water from
the Columbia River experienced unprecedented raw water quality issues
associated with record algae and aquatic plant (milfoil) growth and the presence
of trace levels of cyanotoxins. It is important that this new information be
addressed and included in an updated version of the Butterfield Facility Plan.
Amendment No. 3 - Purpose & Objectives
To analyze Columbia River raw water data from 2021 and 2022 related to
cyanotoxins phased of sequence alternate and prepare milfoil and an
improvements to the Butterfield facility that prioritizes new water quality and
facility operational challenges caused by the algae and cyanotoxins. The
developed alternate sequence of phased improvements could be initiated if raw
water quality continues to be problematic. Having this phasing alternative readily
available will allow the City to be prepared if more frequent and greater intensity
of algae and aquatic plants grow and cyanotoxins remain problematic in the
Columbia River. The scope of this project will address the following objectives.
• Summarize the water quality and events related to the observed increase
in cyanotoxins,
algae, and aquatic plants.
• Provide recommendations to address the observed challenges.
• Incorporate recommendations in a logical fashion via a supplement to the
final 2022 Butterfield WTP Facility Plan.
V. DISCUSSION:
This item was discussed at the November 14, 2022, Council Workshop meeting.
City staff recommends approval of Amendment No. 3 with Carollo Engineers,
Inc. in the amount of $59,866.00.
Page 205 of 338
Resolution – Amendment No. 3 to PSA with Carollo Engineers, Inc. - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, INC. FOR THE BUTTERFIELD WATER
TREATMENT PLANT FACILITY PLAN PROJECT.
WHEREAS, the City and Carollo Engineers, Inc., entered into a Professional Services
Agreement on July 24, 2020, to provide engineering services with respect to the Butterfield Water
Treatment Plant Facility Plan project; and
WHEREAS, the City and Carollo Engineers, Inc., entered into Amendment No. 1 on
March 1, 2021, to add professional engineering services; and
WHEREAS, the City and Carollo Engineers, Inc., entered into Amendment No. 2 on
December 29, 2021, to add professional engineering services and add additional time of
performance; and
WHEREAS, the City and Carollo Engineers, Inc., desire to enter into Amendment No. 3
to provide additional professional engineering services and add additional time of performance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of
Amendment No. 3 to the Professional Services Agreement between the City and Carollo
Engineers, Inc.; a copy of which is attached hereto and incorporated herein by reference as Exhibit
A.
Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Amendment on behalf of the City
of Pasco; and to make minor substantive changes as necessary to execute the Amendment.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of
____________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 206 of 338
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 1 of 6
THE CITY OF PASCO, WA
AMENDMENT NO. 3 - SCOPE OF WORK
Butterfield Water Treatment Plant – Resiliency Plan
BACKGROUND
Carollo engineers has worked with the City of Pasco to develop a Facility Plan for the Butterfield
Water Treatment Plant. The development of this plan involved a multi-year process that
established performance goals for Butterfield WTP, reviewed past water quality, evaluated WTP
performance and condition, evaluated alternatives for WTP processes, and developed a capital
improvements plan (CIP) that included repair and replacement projects for the WTP. During the
summer of 2021, while the sequencing of the identified CIP projects was being developed, the
City and other utilities that utilize water from the Columbia River in this area experienced
unprecedented raw water quality issues associated with record algae and aquatic plant (milfoil)
growth and the presence of trace levels of cyanotoxins.
PURPOSE AND OBJECTIVES
The purpose of this project is to analyze the data from 2021 and 2022 with respect to
cyanotoxins and milfoil, and prepare an alternate sequence of phased replacement of the
Butterfield WTP that prioritizes meeting new water quality and facility operational challenges
caused by climate-change. This alternate sequence of phased replacement could be initiated
by the City at some point in the future if needed. Having this information on-hand will help the
City be better prepared for more frequent and greater intensity algae and aquatic plant growth
as well as cyanotoxins in the Columbia River. Accordingly, this project will address the following
objectives:
Summarize the water quality and events related to the observed increase in cyanotoxins,
algae, and aquatic plants.
Provide recommendations to address the observed challenges.
Incorporate these recommendations into the overall facility plan in a logical fashion via a
supplement, appended to the 2022 Butterfield WTP Facility Plan.
SCOPE OF WORK
To achieve the objectives outlined above, this scope of work is organized into four tasks.
Task 100 – Project Management
Task 700 – Algae and Cyanotoxin TM
Task 800 – Aquatic Plant Life TM
Task 900 – Facility Plan Supplement
This section summarizes these tasks and assumptions that define this scope of work.
EXHIBIT A
Page 207 of 338
EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 2 of 6
General Assumptions
1. Workshops will be held virtually unless otherwise stated in specific scope task descriptions.
2. TMs will be provided for the CITY’s review in draft version. Final versions of the TMs will
incorporate the CITY’s review comments. Draft chapters will be provided in Microsoft Word
format and review comments shall be provided electronically, in 'track changes' mode,
where possible.
3. The final TMs and Supplement will be provided in electronic copy (.pdf) and transmitted via
email or secure file transfer.
4. Meeting notes and related materials will be transmitted electronically (.pdf and/or .docx) via
email.
5. The CITY will print and produce paper copies of all documents as necessary for its use.
6. Standard of Care. The CONSULTANT shall complete the Scope of Services hereunder, in
accordance with the prevailing engineering standard of care by exercising the skill and
ability ordinarily required of engineers performing the same or similar services, under the
same or similar circumstances, in the State of Washington.
7. Opinions of Probable Construction Cost: OPCC’s will include simplified estimating factors
including scope and cost estimating contingency factors and an expected accuracy range
consistent with prescribed AACE metrics.
8. Estimates and Projections. In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for potential projects, the CONSULTANT has no
control over cost or price of labor and material; unknown or latent conditions of existing
equipment or structures that may affect operation and maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance of third parties;
quality, type, management, or direction of operating personnel; and other economic and
operational factors that may materially affect the ultimate project cost or schedule.
Therefore, the CONSULTANT makes no warranty that the CITY’s actual project costs,
financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT’s
opinions, analyses, projections, or estimates (OPCCs).
9. Third Parties. The services to be performed by the CONSULTANT are intended solely for
the benefit of the CITY. No person or entity not a signatory to the Agreement shall be
entitled to rely on the CONSULTANT's performance of its services hereunder, and no right
to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise
shall accrue to a third party as a result of the Agreement or the performance of the
CONSULTANT's services hereunder.
CITY Deliverables and Expectations
CITY-Provided Information and Services. The CITY shall furnish the CONSULTANT available
studies, reports and other data pertinent to the CONSULTANT's services; obtain or authorize
the CONSULTANT to obtain or provide additional reports and data as required; furnish to the
CONSULTANT services of others required for the performance of the CONSULTANT's services
hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information
and services provided by the CITY or others in performing the CONSULTANT's services under
this Scope of Work.
Page 208 of 338
EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 3 of 6
The CITY will perform/provide the following items for this work:
1. Coordination and review with local jurisdictions and state regulatory agencies.
2. Plant access, staff interviews, and feedback on existing plant condition, operational
concerns, and plant performance.
3. The CITY will provide available data, as requested by CONSULTANT, through a formal data
request. Data request will generally include the following types of data:
Data related to plant performance and Columbia River cyanotoxin occurrence during the
summer of 2021.
Specific data related to plant intake performance, including raw water flow rates and air
burst cleaning frequency and cleanings performed by divers.
Information and documented discussions with WA Department of Health (DOH)
Existing data, reports, and other available information related to previous condition
assessment studies, resiliency studies, and other plant related items.
Existing asset information, O&M manuals, and related information.
4. Review of CONSULTANT deliverables.
The CITY’s comments on submitted draft chapters will be provided in a single, compiled,
track changes word document at the end of the allotted review period.
The CITY’s project manager will compile and edit as needed prior to distribution to the
CONSULTANT to eliminate and resolve conflicting comments. CONSULTANT will
incorporate and address comments.
Task 100 - Project Management
The purpose of this task is to manage all activities and maintain the project within the contracted
scope, schedule, and budget. This includes project administration, monthly invoicing, client and
team coordination and quality assurance/quality control review necessary to successfully
complete the Project to the CITY’s expectations.
101. Monthly Progress Reports and Invoices
Prepare and submit monthly activity reports showing current project scope, budget and
schedule status and identifying key issues, or elements of the project that will need to be
addressed in the following weeks. Earned value management metrics will be applied to inform
project performance based on the established scope, schedule, and budget. An electronic
version of the monthly progress reports and invoices will be sent to the CITY for review and
approval.
102. Team Coordination
Manage the project team to track time and budget, work elements accomplished, work items
planned for the next period, manpower, scope changes, time and budget needed to complete
the project.
Assumptions:
1. The total length of the project is 4 months from NTP to delivery of the draft Supplement.
2. Invoices will be submitted to the CITY monthly, based on project activity.
Page 209 of 338
EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 4 of 6
Meetings/Workshops:
1. None.
Deliverables:
1. Data request list.
2. Six (6) monthly progress reports and invoices.
3. Meeting materials and notes.
Task 700 - Algae and Cyanotoxin TM
The purpose of this task is to develop a TM that provides background on algae and cyanotoxin
occurrence, summarizes recent events in the Columbia River, and develops recommendations
to be incorporated into the Butterfield WTP CIP developed in the Facility Plan.
701. Develop Algae and Cyanotoxin TM
Development of the Algae and Cyanotoxin TM will include the following elements and activities:
1. General cyanotoxin perspective. Summarize the trends of cyanotoxin occurrence nationally
and discuss regulatory approach/levels for states that are regulating. Discuss the local
regulatory climate and potential for future regulation.
2. Summary of Summer 2021. Review and summarize pertinent water quality data from the
summer of 2021, as well as information exchanged between the City and WA Department of
Health (DOH) regarding the presence of cyanotoxins in the Columbia River.
3. Recommendations. Provide an overview of the impacts of algae and cyanotoxins and
recommendations for monitoring and addressing future algae and cyanotoxin challenges.
Discuss options/impacts of WTP modifications to address algae and cyanotoxins, as
needed, as well as potential adjustments to the order or timing of construction of treatment
facilities. The TM will include capital cost, layout, hydraulic, and power load considerations
for the recommended improvements.
4. The above activities will be developed into the draft Algae and Cyanotoxin TM.
5. After meeting with the City, the TM will be finalized, incorporating City comments.
702. Meeting – Cyanotoxin Recommendations
Present summary of Algae and Cyanotoxin TM and discuss implications. Following the
meeting, comments from the City will be incorporated and TM will be finalized.
Assumptions:
1. Cyanotoxin Recommendations Meeting will be held virtually and will be attended by
CONSULTANT's Project Manager, Project Engineer, one professional level staff. Meeting
duration to be 2 hours.
Meetings/Workshops:
1. Meeting – Algae and Cyanotoxin Recommendations.
Deliverables:
1. Draft and Final Algae and Cyanotoxin TM.
Page 210 of 338
EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 5 of 6
2. Meeting materials and notes.
Task 800 - Aquatic Plant Life TM
The purpose of this task is to develop a TM that provides background on challenges the
Butterfield WTP Intake experiences with aquatic plant life and develops recommendations to be
incorporated into the CIP developed in the Facility Plan.
801. Develop Aquatic Plant Life TM
Development of the Aquatic Plant Life TM will include the following elements and activities:
1. Field Investigation. Conduct a site visit to the Intake of the Butterfield WTP to observe
existing conditions and discuss intake challenges the WTP has experienced with aquatic
plant life.
2. General perspective. Provide a summary of aquatic plant life events that may occur and
potential impacts to the intake for the Butterfield WTP.
3. Summary of Summer 2021. Review and summarize pertinent data from the summer of
2021, as well as any other years where specific information was collected related to intake
challenges.
4. Recommendations. Provide recommendations for addressing challenges related to aquatic
plant life at the intake and through the treatment process. Discuss options/impacts of
modifications to the intake to address removal of aquatic plant life. TM will include capital
cost, schematic layout, and power load considerations for the improvements.
5. The above activities will be developed into the draft Aquatic Plant Life TM.
6. After meeting with the City, the TM will be finalized, incorporating City comments.
802. Meeting – Aquatic Plant Life Recommendations
Present summary of Aquatic Plant Life TM and discuss implications. Following the meeting,
comments from the City will be incorporated and TM will be finalized.
Assumptions:
1. Aquatic Plant Life Recommendations Meeting will held virtually and will be attended by
CONSULTANT's Project Manager, Project Engineer, and 2 subconsultant staff. Meeting
duration to be 2 hours.
Meetings/Workshops:
1. Meeting – Aquatic Plant Life Recommendations.
Deliverables:
1. Draft and Final Aquatic Plant Life TM.
2. Meeting materials and notes.
Task 900 - Facility Plan Supplement
The purpose of this task is to develop a supplement to the 2022 Butterfield WTP Facility Plan
that incorporates the information from the TMs developed under Task 700 and Task 800.
Page 211 of 338
EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 6 of 6
901.Develop the Supplement
Develop a supplement to the Facility Plan that includes an Executive Summary of the TMs
developed under Task 700 and 800, and provides updates to the Facility Plan CIP, project
sequencing diagram, and electrical loads, as needed.
902.Meeting – Facility Plan Update
Present summary of the supplement and discuss implications. Following the meeting,
comments from the City will be incorporated and Supplement will be finalized.
903. Meeting – Council Meeting
Present summary of the supplement and discuss implications in-person at a city council
workshop meeting. Prepare powerpoint slides that can be used at the council meeting.
Assumptions:
1.Meetings will held virtually and will be attended by CONSULTANT's Project Manager,
Project Engineer, and subconsultant staff. Meeting duration to be 2 hours.
2.The TMs will be reviewed and finalized prior to development of the supplement. No changes
to the TMs will be made during review of the Supplement.
3.Final TMs will be included as attachments to the Supplement
Meetings/Workshops:
2.Meeting – Facility Plan Update.
Deliverables:
3.Draft and Final Supplement to the Facility Plan.
4.Meeting materials and notes
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PIC PM PE TAC EngineerStaff EngineerCost Est Structural Electrical I&C DPJim Meyerhofer Ali LeedsAustin Peters Professional Assist ProfTotal Labor Rate$265.00 $225.00 $225.00 $265.00 $178.00 $160.00 $225.00 $250.00 $250.00 $250.00 $105.00826 16 2,880$ 2,000$ 200$ 2,200$ 5,080$ 102 Monthly Progress Reports and Invoices 66 12 1,980$ 2,000$ 200$ 2,200$ 4,180$ 103 Team Coordination 2 24 900$ -$-$-$900$14 24 24246 9218,186$ -$ -$ -$ 18,186$ 701 Develop Algae and Cyanotoxin TM10 20 23446 7614,962$ -$-$-$14,962$ 702 Meeting - Cyanotoxin Recommendations4 48163,224$ -$-$-$3,224$ 862420 4,680$ 19,000$ 1,900$ 20,900$ 25,580$ 801 Background6 6 24184,230$ 17,800$ 1,780$ 19,580$ 23,810$ 802 Meeting - Aquatic Plant Life Recommendations22450$ 1,200$ 120$ 1,320$ 1,770$ 12 16 2206 5611,020$ -$ -$ -$ 11,020$ 901 Supplement2 2 284 183,274$ -$-$-$3,274$ 902 Meeting - Facility Plan Update2 6122 224,146$ -$-$-$4,146$ 903 Meeting - Council Meeting8 8163,600$ -$-$-$3,600$ Total42 48 662818 18436,766$ 21,000$ 2,100$ 23,100$ 59,866$ Task 100 - Project ManagementTask 700 - Cyanotoxin TMTask 900 - Facility Plan SupplementTask 800 - Aquatic Plant Life TMButterfield WTP Facility PlanFor the City of PascoCarollo Engineers, Inc. Fee ProposalOct 2022 TOTAL COST Sub Markup @ 10% Total Sub Cost TASK / DESCRIPTIONTotal Hours Carollo Labor Cost Subconsul. Total Cost Print Date: 10/5/2022BudgetPage 1 of 1Supplement Budget.xlsxEXHIBIT BPage 213 of 338
CITY OF PASCO
2022 Billing Rates
Billing Rates for: Carollo Engineers Inc.
Billing Rates
Labor Classification
Hourly Billing Rate
$/hr
Assistant Professional $160.00
Professional $178.00
Project Professional $200.00
Lead Project Professional $225.00
Senior Professional $250.00
Principal Professional $265.00
Technician $135.00
Senior Technician $170.00
Document Processing / Clerical $105.00
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate (effective January 1, 2022) $.585 per mile
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
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The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 1 of 6
THE CITY OF PASCO, WA
AMENDMENT NO. 3 - SCOPE OF WORK
Butterfield Water Treatment Plant – Resiliency Plan
BACKGROUND
Carollo engineers has worked with the City of Pasco to develop a Facility Plan for the Butterfield
Water Treatment Plant. The development of this plan involved a multi-year process that
established performance goals for Butterfield WTP, reviewed past water quality, evaluated WTP
performance and condition, evaluated alternatives for WTP processes, and developed a capital
improvements plan (CIP) that included repair and replacement projects for the WTP. During the
summer of 2021, while the sequencing of the identified CIP projects was being developed, the
City and other utilities that utilize water from the Columbia River in this area experienced
unprecedented raw water quality issues associated with record algae and aquatic plant (milfoil)
growth and the presence of trace levels of cyanotoxins.
PURPOSE AND OBJECTIVES
The purpose of this project is to analyze the data from 2021 and 2022 with respect to
cyanotoxins and milfoil, and prepare an alternate sequence of phased replacement of the
Butterfield WTP that prioritizes meeting new water quality and facility operational challenges
caused by climate-change. This alternate sequence of phased replacement could be initiated
by the City at some point in the future if needed. Having this information on-hand will help the
City be better prepared for more frequent and greater intensity algae and aquatic plant growth
as well as cyanotoxins in the Columbia River. Accordingly, this project will address the following
objectives:
Summarize the water quality and events related to the observed increase in cyanotoxins,
algae, and aquatic plants.
Provide recommendations to address the observed challenges.
Incorporate these recommendations into the overall facility plan in a logical fashion via a
supplement, appended to the 2022 Butterfield WTP Facility Plan.
SCOPE OF WORK
To achieve the objectives outlined above, this scope of work is organized into four tasks.
Task 100 – Project Management
Task 700 – Algae and Cyanotoxin TM
Task 800 – Aquatic Plant Life TM
Task 900 – Facility Plan Supplement
This section summarizes these tasks and assumptions that define this scope of work.
EXHIBIT A
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EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 2 of 6
General Assumptions
1. Workshops will be held virtually unless otherwise stated in specific scope task descriptions.
2. TMs will be provided for the CITY’s review in draft version. Final versions of the TMs will
incorporate the CITY’s review comments. Draft chapters will be provided in Microsoft Word
format and review comments shall be provided electronically, in 'track changes' mode,
where possible.
3. The final TMs and Supplement will be provided in electronic copy (.pdf) and transmitted via
email or secure file transfer.
4. Meeting notes and related materials will be transmitted electronically (.pdf and/or .docx) via
email.
5. The CITY will print and produce paper copies of all documents as necessary for its use.
6. Standard of Care. The CONSULTANT shall complete the Scope of Services hereunder, in
accordance with the prevailing engineering standard of care by exercising the skill and
ability ordinarily required of engineers performing the same or similar services, under the
same or similar circumstances, in the State of Washington.
7. Opinions of Probable Construction Cost: OPCC’s will include simplified estimating factors
including scope and cost estimating contingency factors and an expected accuracy range
consistent with prescribed AACE metrics.
8. Estimates and Projections. In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for potential projects, the CONSULTANT has no
control over cost or price of labor and material; unknown or latent conditions of existing
equipment or structures that may affect operation and maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance of third parties;
quality, type, management, or direction of operating personnel; and other economic and
operational factors that may materially affect the ultimate project cost or schedule.
Therefore, the CONSULTANT makes no warranty that the CITY’s actual project costs,
financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT’s
opinions, analyses, projections, or estimates (OPCCs).
9. Third Parties. The services to be performed by the CONSULTANT are intended solely for
the benefit of the CITY. No person or entity not a signatory to the Agreement shall be
entitled to rely on the CONSULTANT's performance of its services hereunder, and no right
to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise
shall accrue to a third party as a result of the Agreement or the performance of the
CONSULTANT's services hereunder.
CITY Deliverables and Expectations
CITY-Provided Information and Services. The CITY shall furnish the CONSULTANT available
studies, reports and other data pertinent to the CONSULTANT's services; obtain or authorize
the CONSULTANT to obtain or provide additional reports and data as required; furnish to the
CONSULTANT services of others required for the performance of the CONSULTANT's services
hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information
and services provided by the CITY or others in performing the CONSULTANT's services under
this Scope of Work.
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EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 3 of 6
The CITY will perform/provide the following items for this work:
1. Coordination and review with local jurisdictions and state regulatory agencies.
2. Plant access, staff interviews, and feedback on existing plant condition, operational
concerns, and plant performance.
3. The CITY will provide available data, as requested by CONSULTANT, through a formal data
request. Data request will generally include the following types of data:
Data related to plant performance and Columbia River cyanotoxin occurrence during the
summer of 2021.
Specific data related to plant intake performance, including raw water flow rates and air
burst cleaning frequency and cleanings performed by divers.
Information and documented discussions with WA Department of Health (DOH)
Existing data, reports, and other available information related to previous condition
assessment studies, resiliency studies, and other plant related items.
Existing asset information, O&M manuals, and related information.
4. Review of CONSULTANT deliverables.
The CITY’s comments on submitted draft chapters will be provided in a single, compiled,
track changes word document at the end of the allotted review period.
The CITY’s project manager will compile and edit as needed prior to distribution to the
CONSULTANT to eliminate and resolve conflicting comments. CONSULTANT will
incorporate and address comments.
Task 100 - Project Management
The purpose of this task is to manage all activities and maintain the project within the contracted
scope, schedule, and budget. This includes project administration, monthly invoicing, client and
team coordination and quality assurance/quality control review necessary to successfully
complete the Project to the CITY’s expectations.
101. Monthly Progress Reports and Invoices
Prepare and submit monthly activity reports showing current project scope, budget and
schedule status and identifying key issues, or elements of the project that will need to be
addressed in the following weeks. Earned value management metrics will be applied to inform
project performance based on the established scope, schedule, and budget. An electronic
version of the monthly progress reports and invoices will be sent to the CITY for review and
approval.
102. Team Coordination
Manage the project team to track time and budget, work elements accomplished, work items
planned for the next period, manpower, scope changes, time and budget needed to complete
the project.
Assumptions:
1. The total length of the project is 4 months from NTP to delivery of the draft Supplement.
2. Invoices will be submitted to the CITY monthly, based on project activity.
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EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 4 of 6
Meetings/Workshops:
1. None.
Deliverables:
1. Data request list.
2. Six (6) monthly progress reports and invoices.
3. Meeting materials and notes.
Task 700 - Algae and Cyanotoxin TM
The purpose of this task is to develop a TM that provides background on algae and cyanotoxin
occurrence, summarizes recent events in the Columbia River, and develops recommendations
to be incorporated into the Butterfield WTP CIP developed in the Facility Plan.
701. Develop Algae and Cyanotoxin TM
Development of the Algae and Cyanotoxin TM will include the following elements and activities:
1. General cyanotoxin perspective. Summarize the trends of cyanotoxin occurrence nationally
and discuss regulatory approach/levels for states that are regulating. Discuss the local
regulatory climate and potential for future regulation.
2. Summary of Summer 2021. Review and summarize pertinent water quality data from the
summer of 2021, as well as information exchanged between the City and WA Department of
Health (DOH) regarding the presence of cyanotoxins in the Columbia River.
3. Recommendations. Provide an overview of the impacts of algae and cyanotoxins and
recommendations for monitoring and addressing future algae and cyanotoxin challenges.
Discuss options/impacts of WTP modifications to address algae and cyanotoxins, as
needed, as well as potential adjustments to the order or timing of construction of treatment
facilities. The TM will include capital cost, layout, hydraulic, and power load considerations
for the recommended improvements.
4. The above activities will be developed into the draft Algae and Cyanotoxin TM.
5. After meeting with the City, the TM will be finalized, incorporating City comments.
702. Meeting – Cyanotoxin Recommendations
Present summary of Algae and Cyanotoxin TM and discuss implications. Following the
meeting, comments from the City will be incorporated and TM will be finalized.
Assumptions:
1. Cyanotoxin Recommendations Meeting will be held virtually and will be attended by
CONSULTANT's Project Manager, Project Engineer, one professional level staff. Meeting
duration to be 2 hours.
Meetings/Workshops:
1. Meeting – Algae and Cyanotoxin Recommendations.
Deliverables:
1. Draft and Final Algae and Cyanotoxin TM.
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EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 5 of 6
2. Meeting materials and notes.
Task 800 - Aquatic Plant Life TM
The purpose of this task is to develop a TM that provides background on challenges the
Butterfield WTP Intake experiences with aquatic plant life and develops recommendations to be
incorporated into the CIP developed in the Facility Plan.
801. Develop Aquatic Plant Life TM
Development of the Aquatic Plant Life TM will include the following elements and activities:
1. Field Investigation. Conduct a site visit to the Intake of the Butterfield WTP to observe
existing conditions and discuss intake challenges the WTP has experienced with aquatic
plant life.
2. General perspective. Provide a summary of aquatic plant life events that may occur and
potential impacts to the intake for the Butterfield WTP.
3. Summary of Summer 2021. Review and summarize pertinent data from the summer of
2021, as well as any other years where specific information was collected related to intake
challenges.
4. Recommendations. Provide recommendations for addressing challenges related to aquatic
plant life at the intake and through the treatment process. Discuss options/impacts of
modifications to the intake to address removal of aquatic plant life. TM will include capital
cost, schematic layout, and power load considerations for the improvements.
5. The above activities will be developed into the draft Aquatic Plant Life TM.
6. After meeting with the City, the TM will be finalized, incorporating City comments.
802. Meeting – Aquatic Plant Life Recommendations
Present summary of Aquatic Plant Life TM and discuss implications. Following the meeting,
comments from the City will be incorporated and TM will be finalized.
Assumptions:
1. Aquatic Plant Life Recommendations Meeting will held virtually and will be attended by
CONSULTANT's Project Manager, Project Engineer, and 2 subconsultant staff. Meeting
duration to be 2 hours.
Meetings/Workshops:
1. Meeting – Aquatic Plant Life Recommendations.
Deliverables:
1. Draft and Final Aquatic Plant Life TM.
2. Meeting materials and notes.
Task 900 - Facility Plan Supplement
The purpose of this task is to develop a supplement to the 2022 Butterfield WTP Facility Plan
that incorporates the information from the TMs developed under Task 700 and Task 800.
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EXHIBIT A
The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 6 of 6
901.Develop the Supplement
Develop a supplement to the Facility Plan that includes an Executive Summary of the TMs
developed under Task 700 and 800, and provides updates to the Facility Plan CIP, project
sequencing diagram, and electrical loads, as needed.
902.Meeting – Facility Plan Update
Present summary of the supplement and discuss implications. Following the meeting,
comments from the City will be incorporated and Supplement will be finalized.
903. Meeting – Council Meeting
Present summary of the supplement and discuss implications in-person at a city council
workshop meeting. Prepare powerpoint slides that can be used at the council meeting.
Assumptions:
1.Meetings will held virtually and will be attended by CONSULTANT's Project Manager,
Project Engineer, and subconsultant staff. Meeting duration to be 2 hours.
2.The TMs will be reviewed and finalized prior to development of the supplement. No changes
to the TMs will be made during review of the Supplement.
3.Final TMs will be included as attachments to the Supplement
Meetings/Workshops:
2.Meeting – Facility Plan Update.
Deliverables:
3.Draft and Final Supplement to the Facility Plan.
4.Meeting materials and notes
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PIC PM PE TAC EngineerStaff EngineerCost Est Structural Electrical I&C DPJim Meyerhofer Ali LeedsAustin Peters Professional Assist ProfTotal Labor Rate$265.00 $225.00 $225.00 $265.00 $178.00 $160.00 $225.00 $250.00 $250.00 $250.00 $105.00826 16 2,880$ 2,000$ 200$ 2,200$ 5,080$ 102 Monthly Progress Reports and Invoices 66 12 1,980$ 2,000$ 200$ 2,200$ 4,180$ 103 Team Coordination 2 24 900$ -$-$-$900$14 24 24246 9218,186$ -$ -$ -$ 18,186$ 701 Develop Algae and Cyanotoxin TM10 20 23446 7614,962$ -$-$-$14,962$ 702 Meeting - Cyanotoxin Recommendations4 48163,224$ -$-$-$3,224$ 862420 4,680$ 19,000$ 1,900$ 20,900$ 25,580$ 801 Background6 6 24184,230$ 17,800$ 1,780$ 19,580$ 23,810$ 802 Meeting - Aquatic Plant Life Recommendations22450$ 1,200$ 120$ 1,320$ 1,770$ 12 16 2206 5611,020$ -$ -$ -$ 11,020$ 901 Supplement2 2 284 183,274$ -$-$-$3,274$ 902 Meeting - Facility Plan Update2 6122 224,146$ -$-$-$4,146$ 903 Meeting - Council Meeting8 8163,600$ -$-$-$3,600$ Total42 48 662818 18436,766$ 21,000$ 2,100$ 23,100$ 59,866$ Task 100 - Project ManagementTask 700 - Cyanotoxin TMTask 900 - Facility Plan SupplementTask 800 - Aquatic Plant Life TMButterfield WTP Facility PlanFor the City of PascoCarollo Engineers, Inc. Fee ProposalOct 2022 TOTAL COST Sub Markup @ 10% Total Sub Cost TASK / DESCRIPTIONTotal Hours Carollo Labor Cost Subconsul. Total Cost Print Date: 10/5/2022BudgetPage 1 of 1Supplement Budget.xlsxEXHIBIT BPage 221 of 338
CITY OF PASCO
2022 Billing Rates
Billing Rates for: Carollo Engineers Inc.
Billing Rates
Labor Classification
Hourly Billing Rate
$/hr
Assistant Professional $160.00
Professional $178.00
Project Professional $200.00
Lead Project Professional $225.00
Senior Professional $250.00
Principal Professional $265.00
Technician $135.00
Senior Technician $170.00
Document Processing / Clerical $105.00
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate (effective January 1, 2022) $.585 per mile
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
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EXHIBIT B
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AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4278 - Change Order Approval for Lewis Street Overpass
Project
I. REFERENCE(S):
Resolution
Change Order Detail
Change Orders Nos. 8, 9, 10, and 11
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4278, authorizing the Interim City
Manager to execute Change Orders Nos. 8-11 to the construction contract with
Cascade Bridge, LLC. for the Lewis Street Overpass Project.
III. FISCAL IMPACT:
Original Agreement $ 22,344,999.88
Previously Approved Change Orders Nos. 1-
7 $ 362,295.25
Change Orders Nos. 8 - 11 (proposed) $ 290,640.92
New Agreement Total $ 22,997,936.05
Proposed total change order amount is within the planned 5% construction
contingency amount.
IV. HISTORY AND FACTS BRIEF:
Lewis existing the replaces The Overpass Street Lewis Street project
undercrossing, constructed under the BNSF Railyard in 1937, with a new bridge
over the railyard.
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On March 1, 2021, Council awarded the Lewis Street Overpass construction
contract to Cascade Bridge, LLC of Vancouver, WA in the amount of
$22,344,999.88.
Since construction began, the project has required seven minor change orders
for a total of $362,295.25. See the attached summary of previously approved
change orders.
Four additional change orders are presented for Council approval as follow:
• Change Order No. 8: Removal of Fuel Tank ($29,206.78)
During excavation for the foundation of one of the structural earth walls
(SEWs), two abandoned fuel storage tanks were discovered. The removal
and disposal of the tanks, as well as site clean-up was performed and
tracked by force account.
• Change Order No. 9: Unexpected site conditions subgrade
($210,949.77)
During the excavation of foundations for one of the abutments and SEWs,
debris, portions of concrete footings and basement walls from previously
demolished buildings as well as poorly compacted subgrade were
discovered. The removal of the debris and old footings as well as the re-
compaction of the subgrade was performed.
• Change Order No. 10: Schedule 80 Conduit and Trenching
($36,559.01)
Based on the required contractor-designed SEWs, deeper installation of
a power line was required under the footings of the SEWs, necessitating
the installation of a Schedule 80 conduit. Since this particular type of
conduit is not stocked by Franklin PUD, the contractor is due additional
compensation for the purchase of this material.
• Change Order No. 11 - Extra Waterline Work ($13,925.36)
While installing a waterline and temporary/permanent connections on the
east side of the underpass, extra fittings were needed to complete this
work as the existing waterline was not in the location shown on the
construction plan. This work was tracked as force account work.
V. DISCUSSION:
This item was discussed at the November 14, 2022, Council Workshop meeting
in which Council asked for further explanation on Change Order 10.
The project design and specifications required installation of Schedule 40
conduit at a depth of 48" below grade. The design did not account for the depth
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of the foundation of SEW wall and its interference with the proposed conduit,
and overlooked the additional loads the conduit would be subjected to below the
wall and embankment.
However, the wall elevations were dictated by the City's design package. This
constituted an inadvertent conflict.
Once construction began, and the interference became clear, the electrical
subcontractor submitted a request for information (RFI) to the engineer of record
(JUB Engineers) to confirm the necessary depth of installation below the SEW
wall footings. After evaluating the RFI, JUB Engineers determined the conduit
would need to have a minimum cover of 48" below the bottom of SEW wall
footing, pushing the overall excavation depth deeper than the 4’ anticipated by
the contractor.
In light of the newly identified depth of installation for the conduit, Franklin Public
Utility District (FPUD) required the proposed schedule 40 conduit be replaced
with schedule 80 conduit, to ensure its longevity under the projected loads.
Standard Schedule 40 conduit was not appropriate for the loads below the wall
and embankment. FPUD does not stock schedule 80 conduit. When the
requirement for schedule 80 arose, FPUD was unable to source this pipe in the
timeline required and it would need to be provided by others. City staff decided
to have the contractor, through its subcontractor, procure the conduit, instead of
waiting for the procurement to be done by FPUD, in an attempt to minimize
project schedule impact. The early delivery of conduit was required to backfill
conduit trenches to allow the prime contractor to set the girders and begin work
for the SEW walls. Setting girders requires BNSF track closures, which cannot
be rescheduled easily. Each day of delay is valued at approximately $15,000 by
the prime contractor.
Payment for the schedule 80 conduit would have also been required if the City
opted to have FPUD procure the material.
The proposed change order No. 10 includes:
• Materials cost for 4" and 6" conduit and couplers,
• Sales tax (8.7%) applied to materials and handling,
• Negotiated markups (accounting for overhead and profit of 21% and 15%
for subcontractor and contractor, respectively)
• Additional trench excavation from 4 feet of depth, as identified in the City's
design documents, to 9 feet of depth, paid at the unit bid price provided
in the original bid.
Documentation supporting the costs of material and handling were provided and
reviewed.
Change Order No.10 is proposed for a total of $36,559.01.
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City Staff recommends approval of the proposed Change Orders Nos. 8, 9,10
and 11 with Cascade Bridge, LLC. in the amount of $290,640.92.
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Resolution – Lewis Street Overpass Project - CO 8 - 11 with Cascade Bridge, LLC. - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CHANGE
ORDERS NOS. 8 - 11 TO THE CONSTRUCTION CONTRACT WITH
CASCADE BRIDGE, LLC. FOR THE LEWIS STREET OVERPASS PROJECT.
WHEREAS, the City and Cascade Bridge, LLC. entered into a Construction Contract on
March 1, 2021, to provide for the construction of the Lewis Street Overpass Project; and
WHEREAS, this project involves the construction of a new 562-foot, 4-span, pre-stressed
concrete overpass over the BNSF Railway yard and a new 63-foot, voided slab, overpass over First
Avenue, along with roadway improvements, backfilling, partial structure removal, retaining wall
construction, earthwork, paving with HMA, landscaping, storm drainage, illumination, water
mains, sanitary sewer, and other associated work; and
WHEREAS, the City and Cascade Bridge, LLC. executed Change Order No. 1 through
Change Order No. 7 to provide for additional work not included in the original contract; and
WHEREAS, previously approved Change Orders Nos. 1 – 6, were authorized under the
authority provided to the City Manager and the Public Works Director; and
WHEREAS, Change Order No. 7 was approved by Council on October 3, 2022; and
WHEREAS, the $290,640.92 amount of Change Orders Nos. 8 - 11, added to the
cumulative sum of previously approved change orders, exceeds the Interim City Manager’s
authority, and thus requires Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That Change Orders Nos. 8 - 11 to Cascade Bridge, LLC. is hereby approved
by City Council.
Section 2. The Interim City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute Change Orders Nos. 8 - 11, a copy of which is
attached hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of
Pasco.
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Resolution – Lewis Street Overpass Project - CO 8 - 11 with Cascade Bridge, LLC. - 2
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this ______ day of November, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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Lewis Street Overpass Project
Contract Change Order Summary
•Change Order No. 1: Office Trailer for Construction Management Team, $38,711.58
This change compensates the contractor for providing the Construction Management team with an
on-site 12x56’ trailer with work areas and a dedicated meeting room for regular project meetings.
Pricing includes all associated costs such as heat/ac and setup and removal. This change order
covers 24 months of use. Contractors such as Cascade Bridge, LLC. receive significantly better
pricing than infrequent users like the City or the construction management team. Pricing from the
construction management team was compared with contractor pricing and the most cost-effective
option was for the contractor to supply the trailer.
•Change Order No. 2: DBE COA Deletion, $0
WSDOT errored in requiring a Disadvantaged Business Enterprise (DBE) Condition of Award (COA)
requirement of 7% even though it should not have been required by the funding source. This change
reduces the DBE goal to 0% and reduces the apprentice training hour requirement from 2,000 to 0;
however, the DBE firms associated with the project are still performing all anticipated work.
•Change Order No. 3: BNSF Crossing Permit, $100,000
This change order is required for the contractor to construct required crossings over BNSF rail tracks.
BNSF requires concrete panels and fencing be placed at a designa ted crossing to protect the tracks
and decrease the likelihood of improper crossings. To protect the City from added risk associated
with an incident at the crossings, the contractor was required to obtain the crossing permit and is
reimbursed for actual costs per the contract specifications.
•Change Order No. 4: Girder Embedded Plates and Sole Plates, $33,112.33
Girders on spans 1 and 4 of the Lewis Street Overpass bridge were originally designed with bearing
recesses between 1/8” and 7/8”. Due to required reinforcement spacing in the pre-stressed girders,
most of the girders required reinforcement modifications and additional reinforcement (rebar and
plates) to provide the structural bearing capacity. This change order compensates the contractor for
materials and labor to modify the structural reinforcement.
•Change Order No. 5: Added Drainage and Drywell at Bridge Abutments, $16,915.44
During design of the project, an expansion joint was modified by the Engineer of Record. As the
result of the bridge expansion joint modification, additional perforated drainpipes, trenches, and
drywells were required at each of the BNSF Bridge abutments. This change order compensates the
contractor for all costs associated with providing the new drainage features.
•Change Order No. 6: BNSF Force Account/Minor Changes, $20,000
BNSF requires the City and Contractor to complete/provide many small, unforeseen items on the
project (minor grading, placement of small amounts of materials, adding security fencing, reloca ting
utilities, etc.). The existing Overpass Agreement allows BSNF to direct work as they deem necessary
to maintain safe operations. This change order reimburses the contractor for this work on an actual
costs basis per the contract specifications.
EXHIBIT A
Page 252 of 338
• Change Order No. 7: Replace Waterline – Alley C & D, $144,669.34
The City of Pasco requested the replacement of the existing waterline in Alleys C and D; and the
installation of a new fire hydrant on First Ave. near Abutment 1. The City stated this work should be
performed if it would not impact the critical path. Casca de Bridge agreed to perform the work and
began by removing asphalt in Alley D on May 11, 2022, and concluded work on May 31, 2022, by
backfilling the final connection at Alley D and Clark St.
• Change Order 008 – Removal of Fuel Tank, $29,206.78
On May 10, 2022 KLB began excavation for SEW Wall’s 1 and 2, and identified two abandoned fuel
storage tanks which were unknown until discovery. Removal of the tanks was required to construct
walls leading to the new Lewis Street Overpass Bridge.
Cascade Bridge contacted GeoProfessional Engineers (GPI), the Geotechnical engineer
subcontracted by prime consultant JUB Engineers, to manage the removal, reporting, and clean -up of
the tanks. WSP subsequently directed Cascade Bridge and subcontractor KLB Construction (KLB) to
remove the two tanks per GPI direction. KLB supported GPI in excavation and removal. All costs
were tracked by force account under the minor change item (A161) since the total scope of work to
be completed was evolving as work was completed.
• Change Order 009 - Unexpected Site Conditions – Subgrade, $210,949.77
In September 2021, KLB began excavation for BNSF Abutment 1, and discovered foundation walls
from the previously demolished hotel were remaining. KLB removed minor portions of walls whe re
they impacted the footing for the bridge abutment but did not perform any additional exploration since
this was believed to be a localized issue.
In April 2022 as KLB was removing sidewalk and beginning excavation for SEW Walls 3, 4, 7 and 8,
the following were discovered:
1. Pockets of lose fill material below the footprint of the old hotel, unsuitable to build over.
2. Concrete foundation walls from the old hotel.
3. Significant pockets of inorganic debris from the removal of previous structures.
4. A tunnel and concrete staircase beneath/adjoining the existing sidewalk at Tacoma/Lewis
where future parking is planned.
After discussing the issue at length with the SEW wall designer and prime consultant, JUB Engineers,
it was determined all debris, lose fill and old structures would need to be removed for wall
construction. The existing soil and voids were replaced as required using crushed rock and concrete
for SEW Wall construction.
This item was not previously brought in front of council for two reasons. First, there was no option to
complete this work. Based on the recommendation of the geotechnical engineer, wall designers, and
bridge designer, the four items listed above had to be removed. Second, the full extent and cost of
removal was unknown until excavation could be completed. Items such as amount of removal, use of
reinforcement, depth of removal, etc. was unknown until the work could be performed.
• Change Order 010 - Schedule 80 Conduit and Trenching, $36,559.01
Per Request For Information (RFI) no. 025 response from JUB on 7/20/21, the Contractor was
directed to use Sch 80 electrical conduit and increase the depth of the trenches below the SEW Walls
so that there would be 4’ between top of conduit, and bottom of SEW Wall. This change inclu des
compensation for having to procure the conduit when the Franklin Public Utility District (FPUD) had
Page 253 of 338
committed to providing conduit. FPUD was unable to provide conduit as anticipated for the project
because they do not stock schedule 80 conduit. The subcontractor performing the work, Neppel
Electric & Controls, Inc., provided a quote to obtain materials; but due to extremely volatile pricing
from conduit suppliers, pricing was only held for 24 hours. Due to the volatility in obtaining the
materials and the depth required by the design engineer, it was imperative to provide approval to do
this work immediately.
• Change Order 011 - Extra Waterline Work, $13,925.36
While installing waterline and performing temporary and permanent connections on the east side of
the underpass, KLB identified several connections that required extra fittings to be able to tie -in as
existing waterlines were not per plan. This work was tracked as force account work but, there is no
minor changes item in Schedule C to pay for this work, resulting in a change order.
Page 254 of 338
c Standard
c Unilateral
Project No:Project No: 13007 Project Title:Lewis Street Overpass
FED-AID #: STPUS-HLP-3530(006)
WSDOT: TA4087
Contractor:
Reason for Change:Removal of Abandoned Fuel Tanks Between SEW Walls 1 and 2
Detail as Appropriate:
Contract Bid Amount:$22,344,999.98
SALES TAX @ 8.6%:
Total: 22,344,999.98$
Subtotal $350,343.12 Subtotal $29,206.78
Sales tax 8.7% $15,651.79 Sales tax @ 8.7% -$
Total $365,994.91 Total 29,206.78$
Total Change Orders To Date 395,201.69$
New Contract Amount
NO
CONTRACTOR Date Date
CONST. MANAGER Date CIP MANAGER Date Date
Bid Item:A174
1 LS 29,206.78$
Sales Tax 8.7%
29,206.78$
29,206.78$
Cascade Bridge LLC
APPROVED:
22,740,201.67$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order…………………………… 530
Revised Total Contract Time…………………………………………….
AGREED TO AND ACCEPTED:
APPROVED:
PREVIOUS CHANGE ORDER CURRENT CHANGE ORDER
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 8
When excavation began at SEW Wall's 1 and 2, KLB Construction uncovered two abandoned fuel
storage tanks. GPI the project Geotech was contracted by Cascade Bridge to direct the removal of
the tanks and to perform environmental testing and reporting. All work was performed and tracked
as force account.
PUBLIC WORKS DIRECTOR
PROJECT MANAGER
Modification to Contract time by this Change Order……………….. 0
530
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being made and that the
compensation for this Change Order is full and complete and is the only compensation due or owing for this Change Order.
Further, it is mutually agreed that this document will supplement the present Contract Documents and that the provisions of the
previously executed Contract Documents shall apply to this Change Order.
APPROVED:
Total this Change Order …………………………….………….
Subtotal, Additions ………………………………………..
Add the Following Bid Items:
Removal of Unidentified Fuel Tanks
Page 255 of 338
Item Breakdown
Item Number Date Description QTY UoM Unit Price Ext Price Markup Total CO
FA KLB 77229 8/15/2022 Backfill Underground Storage Tank 1 LS $ 458.69 458.69$ 55.04$ 513.73$
FA CB GPI183878 7/27/2022 Removal, Testing and Reporting for 2 Fuel Tanks 1 LS $ 4,969.67
4,969.67$ 1,043.63$ 6,013.30$
FA CB GPI183878 7/27/2022 Removal, Testing and Reporting for 2 Fuel Tanks 1 LS $ 17,221.07
17,221.07$ 3,616.42$ 20,837.49$
FA KLB 77220 5/10/2022
Uncover Unexpected Fuel Tanks (2) at SEW
Walls 1, 2 1 LS $ 1,644.87
1,644.87$ 197.38$ 1,842.25$
29,206.78$
Change Order 008 - Fuel Tank Removal
Total Change
Page 256 of 338
c Standard
c Unilateral
Project No:Project No: 13007 Project Title:Lewis Street Overpass
FED-AID #: STPUS-HLP-3530(006)
WSDOT: TA4087
Contractor:
Reason for Change:Unexpected Site Conditions - Subgrade
Detail as Appropriate:
Contract Bid Amount:$22,344,999.98
SALES TAX @ 8.6%:
Total: 22,344,999.98$
Subtotal $379,846.01 Subtotal $210,949.77
Sales tax (rate varies) $15,355.68 Sales tax @ 8.7%
Total $395,201.69 Total 210,949.77$
Total Change Orders To Date 606,151.46$
New Contract Amount
NO
CONTRACTOR Date Date
CONST. MANAGER Date CIP MANAGER Date Date
Bid Item:A175
1 LS 210,949.77$
Sales Tax 8.7%-$
-$
210,949.77$
CURRENT CHANGE ORDER
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 9
When excavating in the perimeter of SEW Walls, 3, 4, 7 and 8, KLB identified the following issues.
1. Pockets of lose fill material below the footprint of the old hotel, unsuitable to build over.
2. Concrete foundation walls from the old hotel.
3. Significant pockets of inorganic debris from the removal of previous structures.
4. A tunnel and concrete staircase beneath/adjoining the existing sidewalk at Tacoma/Lewis where
future parking is planned.
At the direction of JUB, all debris, lose fill and old structures were removed, improved, and
replaced and compacted in preparation for SEW Wall construction.
Cascade Bridge LLC
APPROVED:
22,951,151.44$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order…………………………… 530
Revised Total Contract Time…………………………………………….
AGREED TO AND ACCEPTED:
APPROVED:
PREVIOUS CHANGE ORDER
PUBLIC WORKS DIRECTOR
PROJECT MANAGER
Modification to Contract time by this Change Order……………….. 0
530
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being made and that the
compensation for this Change Order is full and complete and is the only compensation due or owing for this Change Order.
Further, it is mutually agreed that this document will supplement the present Contract Documents and that the provisions of the
previously executed Contract Documents shall apply to this Change Order.
APPROVED:
Total this Change Order …………………………….………….
Subtotal, Additions ………………………………………..
Add the Following Bid Items:
Unexpected Site Conditions - Subgrade
Page 257 of 338
Item Breakdown
Item
Number Date Description QTY UoM Labor Equipment Materials/Services Total CO
KLB 85088 6/29/2022 Uncontrolled Fill Remediation 1 LS $ 2,052.22 $ 2,940.78 $ 45,857.79 56,952.88$
Rental of Volvo Excavator from 6/29 -7/5. $ 10,345.50
Rental of Premiertrak Crusher from 6/9 - 7/22. $ 35,512.29
KLB 85089 6/30/2022 Uncontrolled Fill Remediation 1 LS $ 4,674.94 $ 1,906.71 7,371.45$
KLB 85090 7/5/2022 Uncontrolled Fill Remediation 1 LS $ 5,140.08 $ 2,542.98 8,605.03$
KLB 85091 7/6/2022 Uncontrolled Fill Remediation 1 LS $ 3,857.82 $ 4,398.94 $ 10,345.50 20,834.53$
Rental of Volvo Excavator from 7/6-7/12. $ 10,345.50
KLB 85092 7/7/2022 Uncontrolled Fill Remediation 1 LS $ 4,553.77 $ 3,346.12 8,847.88$
KLB 85095 7/7/2022 Uncontrolled Fill Remediation 1 LS $ 3,346.12 $ 4,885.35 $ 4,247.10 13,976.00$
Rental of Volvo Excavator from 7/7-7/13. $ 4,247.10 -$
KLB 85097 7/11/2022 Uncontrolled Fill Remediation 1 LS $ 3,538.97 $ 3,763.60 8,178.88$
KLB 85098 7/12/2022 Uncontrolled Fill Remediation 1 LS $ 2,803.23 $ 3,698.58 7,282.03$
KLB 85099 7/13/2022 Uncontrolled Fill Remediation 1 LS $ 2,896.15 $ 4,012.55 7,737.74$
KLB 85100 7/14/2022 Uncontrolled Fill Remediation 1 LS $ 3,183.10 $ 3,824.29 $ 4,651.24 13,057.67$
Rental of Breaker from 7/14 - 7/20. $ 4,651.24
KLB 77222 7/18/2022 Uncontrolled Fill Remediation 1 LS $ 2,570.07 $ 5,063.59 8,549.70$
KLB 77223 7/19/2022 Uncontrolled Fill Remediation 1 LS $ 3,410.40 $ 4,015.59 8,317.11$
KLB 77224 7/20/2022 Uncontrolled Fill Remediation 1 LS $ 3,538.97 $ 4,392.87 8,883.66$
KLB 77225 7/21/2022 Uncontrolled Fill Remediation 1 LS $ 3,120.79 $ 5,094.50 $ 4,247.10 13,957.88$
Rental of Volvo Excavator from 7/14-7/21. $ 4,247.10
KLB 77227 7/26/2022 Uncontrolled Fill Remediation 1 LS $ 2,699.36 $ 3,204.90 $ 160.55 6,792.59$
Fuel for Compactor Only $ 160.55
KLB 85094 7/8/2022 Uncontrolled Fill Remediation 1 LS $ 2,831.17 $ 3,077.27 6,617.45$
KLB 77226 -$
KLB 85096 July Fuel for Equipment for July 2022 (support with log) 1 LS $ 3,850.53
3,850.53$
CB FA111 1 LS $ 352.80 352.80$
CB FA112 6/10/2022
Calculate survey points per CoP for SEW Subgrade
Issues 1 LS $ - $ - $ 784.00
784.00$
210,949.79$
Change Order 009 - Unexpected Site Conditions - Subgrade
Total Cost
Page 258 of 338
c Standard
c Unilateral
Project No:Project No: 13007 Project Title:Lewis Street Overpass
FED-AID #: STPUS-HLP-3530(006)
WSDOT: TA4087
Contractor:
Reason for Change:Schedule 80 Conduit and Trenching
Detail as Appropriate:
Contract Bid Amount:$22,344,999.98
SALES TAX @ 8.6%:
Total: 22,344,999.98$
Subtotal $590,499.67 Subtotal $36,559.01
Sales tax (rate varies) $15,651.79 Sales tax @ 8.7%
Total $606,151.46 Total 36,559.01$
Total Change Orders To Date 642,710.47$
New Contract Amount
NO
CONTRACTOR Date Date
CONST. MANAGER Date CIP MANAGER Date Date
Bid Item:A176
1 LS 36,559.01$
Sales Tax 8.7%-$
-$
36,559.01$ Total this Change Order …………………………….………….
Subtotal, Additions ………………………………………..
Add the Following Bid Items:
Schedule 80 Conduit and Trenching
PUBLIC WORKS DIRECTOR
PROJECT MANAGER
Modification to Contract time by this Change Order……………….. 0
530
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being made and that the
compensation for this Change Order is full and complete and is the only compensation due or owing for this Change Order.
Further, it is mutually agreed that this document will supplement the present Contract Documents and that the provisions of
the previously executed Contract Documents shall apply to this Change Order.
APPROVED:
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 10
Per RFI-025 it was determined to use Sch 80 electrical conduit and that the depth of the trench
needed to be deep enough to have 4' of cover below the bottom of the SEW Wall leveling pad
when conduit is running beneath the SEW Walls. This change order is to add the procurement of
schedule 80 conduit (to have been provided by FPUD) as well as to compensate for the
additional trench depth required by RFI-025.
Cascade Bridge LLC
APPROVED:
22,987,710.45$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order…………………………… 530
Revised Total Contract Time…………………………………………….
AGREED TO AND ACCEPTED:
APPROVED:
PREVIOUS CHANGE ORDER CURRENT CHANGE ORDER
Page 259 of 338
Item Breakdown
Item Number Description QTY UoM Unit Price Ext Price Sales Tax Sub Markup CB Markup Total CO
Option 2 8.7% 21% 15% $ 36,559.01
PCO-012A 4" Schedule 80 Conduit 80 ft $ 14.20 $ 1,136.00 $ 98.83 $ 259.31 $ 224.12 $ 1,718.27
PCO-012B Couplers - 1st Ave Abt 2 2 ea $ 14.20 $ 28.41 $ 2.47 $ 6.48 $ 5.60 $ 42.96
PCO-012C 6" Schedule 80 Conduit 150 ft $ 29.34 $ 4,401.00 $ 382.89 $ 1,004.62 $ 868.28 $ 6,656.78
PCO-012C 6" Schedule 80 Conduit (Early Delivery) 170 ft $ 35.00 $ 5,950.00 $ 517.65 $ 1,358.21 $ 1,173.88 $ 8,999.73
PCO-012D Couplers - Alley D 4 ea $ 40.87 $ 163.48 $ 14.22 $ 37.32 $ 32.25 $ 247.27
PCO-012E Couplers - Wall 6 2 ea $ 40.87 $ 81.74 $ 7.11 $ 18.66 $ 16.13 $ 123.64
PCO-012F Project Management - Neppel 1 hr $ 225.00 $ 225.00 $ 19.58 $ 51.36 $ 44.39 $ 340.33
PCO-012G Material Pick-up - Neppel w/ Equipment 1 hr $ 400.00 $ 400.00 $ 34.80 $ 91.31 $ 78.92 $ 605.02
PCO-012H Conduit Pipe - Added Cost for Extra Excavation 310 LF $ 57.50 $ 17,825.00 $ - $ - $ - $ 17,825.00
Comments:
RFI-025 directed Cascade Bridge to install Sch 80 conduit in the FPUD trench in the perimeter of the SEW Walls. Additionally, RFI-025 stated that they needed to have 4' of cover from
the bottom of the leveling pad to the top of the conduit as opposed to 48" below finished grade per plan (UP-5). This change increased the bottom of the trench depth to a 9' trench
depth.
Page 260 of 338
c Standard
c Unilateral
Project No:Project No: 13007 Project Title:Lewis Street Overpass
FED-AID #: STPUS-HLP-3530(006)
WSDOT: TA4087
Contractor:
Reason for Change:Extra Waterline Work
Detail as Appropriate:
Contract Bid Amount:$22,344,999.98
SALES TAX @ 8.6%:
Total: 22,344,999.98$
Subtotal $627,058.68 Subtotal $13,925.36
Sales tax (rate varies) $15,651.79 Sales tax @ 8.7% 1,211.51$
Total $642,710.47 Total 15,136.87$
Total Change Orders To Date 657,847.34$
New Contract Amount
NO
CONTRACTOR Date Date
CONST. MANAGER Date CIP MANAGER Date Date
Bid Item:C058
1 LS 13,925.36$
Sales Tax 8.7%1,211.51$
1,211.51$
15,136.87$ Total this Change Order …………………………….………….
Subtotal, Additions ………………………………………..
Add the Following Bid Items:
Extra Waterline Work
PREVIOUS CHANGE ORDER
PUBLIC WORKS DIRECTOR
PROJECT MANAGER
Modification to Contract time by this Change Order……………….. 0
530
It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being made and that the
compensation for this Change Order is full and complete and is the only compensation due or owing for this Change Order.
Further, it is mutually agreed that this document will supplement the present Contract Documents and that the provisions of the
previously executed Contract Documents shall apply to this Change Order.
APPROVED:
CURRENT CHANGE ORDER
CITY OF PASCO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 11
Extra waterline components need to tie-in new and existing waterlines on the east side of the
underpass due to actual waterline being different then plan.
Cascade Bridge LLC
APPROVED:
23,002,847.32$
IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER
Contract Time Prior to this Change Order…………………………… 530
Revised Total Contract Time…………………………………………….
AGREED TO AND ACCEPTED:
APPROVED:
Page 261 of 338
Item Breakdown
Date FA # Description Total Cost
11/16/2021 KLB FA 85073Rev Install 3 ea Hymax 6" couplers per City request b/c existing 6" line was out of
round. $ 1,145.73
11/3/2021 KLB FA 85068 Camera 8" outside drop to make sure 12" water main can go over and under gas
line. $ 1,397.55
4/5/2022 KLB FA 77213 Pothole for new waterline layout $ 2,983.75
3/21/2022 KLB FA 77210 Install 12" and (2) 6" 45* to connect to existing 6" (not per plan) $ 1,363.19
3/29/2022 KLB FA 85078 Installed extra 10" GV and 6" GV and spool to hymax coupler to make connection
at Sta 29+19.38 WS-5) $ 3,510.21
3/30/2022 KLB FA 85709 Sta 30+25.57 installed 10" x 45Deg ben and reorder 10"x12" (not to plan). $ 3,524.94
11/16/2021 KLB FA 85069 Paving back 12" waterline trench on S. Lewis (5' trench depth) $ 4,477.23
$ 13,925.36
Change Order 011 - Extra Waterline Work
Page 262 of 338
AGENDA REPORT
FOR: City Council November 15, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Planning Commission Appointments of Rosa Torres and Mitchell Moffitt
I. REFERENCE(S):
Resolution No. 4262
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the Mayor's appointments of Rosa Torres to Position
No. 1 and Mitchell Moffitt to Position No. 2 on the Planning Commission with the
terms expiring on February 2, 2028.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Planning Commission (PC) is composed of nine members; terms are for six
years. The PC meets the third Thursday of every month at 7:00 PM in the City
Hall Council Chambers. The PC discusses and makes recommendations to
Council on matters pertaining to the City's Comprehensive Plan, the subdivision
Ordinance and Zoning Ordinance of the Pasco Municipal Code.
There are currently two (2) vacancies on the PC; one (1) vacancy was due to a
position term expiration and the other was due to a resignation.
Position No. 1, currently held by Tanya Bowers expired on February 2, 2 022,
and Ms. Bowers has continued to serve until her replacement was appointed
and the term for this position is through February 2, 2028
Page 263 of 338
Position No. 2, has been vacant due a resignation and the term for this position
is through February 2, 2028.
As outlined in Resolution No. 4262, the Council subcommittee, consisting of
Mayor Barajas, Mayor Pro Tem Maloney and Councilmember Campos) met and
reviewed Ms. Tate's application concurred that Ms. Tate was a valued member
of the Historic Preservation Commission and she was not required to be
interviewed for this reappoint.
V. DISCUSSION:
Mayor Barajas requests Council's concurrence in her appointment of Rosa
Torres and Mitchell Moffit to the Planning Commission.
Page 264 of 338
RESOLUTION NO.4262
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services,as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City's Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City's Boards and
Commissions members was transferred from the City Manager's Office to the City Clerk's Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed far the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Resolution—BC Interview&Appointment Process- 1
Page 265 of 338
each vacancy to be filled. The Council subcommittee shall consider the following factors,
including,but not limited to :
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
e) Qualifications and expertise related to the subject matter of the respective Board or
Commission
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 24 day of October,
2022.
Blan s
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC err Fer I aw, PLLC
City Clerk City torneys
Resolution—BC Interview&Appointment Process-2
Page 266 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Darcy Buckley, Director
Finance
SUBJECT: Second Public Hearing for Ordinances Nos. 4619 & 4620 Related to
Proposed 2023-2024 Operating & Capital Projects Budgets
I. REFERENCE(S):
Proposed 2023-2024 Operating Budget Ordinance
Proposed 2023-2024 Capital Projects Budget Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING
III. FISCAL IMPACT:
$706,317,815, includes fund balance(s).
IV. HISTORY AND FACTS BRIEF:
The City Council was provided a comprehensive briefing of the proposed 2023 -
2024 Biennial Capital Projects and 2023 -2024 Biennial Budget Budget, along
with associated policy issues at the October 3, 2022, and October 24, 2022,
Council Workshops, respectively.
Consistent with State statute, and in furtherance of Council's goals with respect
to transparency and providing opportunities for community engagement and
input, a public hearing was held for comment on the recommended 2023 -2024
Budgets on November 7, 2022. At the November 7th meeting a second, but more
condensed budget presentation was provided.
A draft document was supplied to Council on November 2 for reference material
and to provide insight to the financial effect of the budgetary items. Upon
approval, a finalized version will be completed.
V. DISCUSSION:
Page 267 of 338
Based on current biennial budget activity, two (2) funds reflect anticipated
negative ending fund balances on December 31, 2024. They are Capital
Improvement Fund (REET) and Equipment Operations & Maintenance -
Government Fund. There is a large project currently planned in the Capital
Improvement Fund that has the potential to be funded via a different source. If
reassignment of funding source is possible, the fund will be positively balanced.
Should a change in funding source not be possible, timing of planned projects
will be reassessed. The Equipment Operations & Maintenance - Government
Fund is in need of an analysis of rates. This analysis will occur during the
biennium.
The Process Water Reuse Facility utility, included in the Water/Sewer Utility
Fund, is currently involved in contract negotiations that will have a substantial
impact on Fund financial results. Council has been briefed previously on said
negotiations, and finalization of the contracts will Council action. Once the
associated contract negotiations are completed and approved by Council, the
necessary budget adjustments will be made resulting in improved fund balance.
Page 268 of 338
Ordinance – 2023-2024 Operating Budget - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE OPERATING BUDGET FOR THE 2023-2024 BIENNIUM.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council for
the City of Pasco seeks to approve an operating budget for the 2023-2024 biennium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. The following budget containing the totals set forth for each fund for the
2023-2024 biennium is hereby adopted.
OPERATING BUDGET FOR 2023-2024
Fund
Budgeted
Beginning
Fund Balance
Revenues &
Resource
Inflows
Expenditures
& Resource
Outflows
Budgeted
Ending Fund
Balance
General Fund 28,595,133 179,585,702 189,884,556 18,296,279
Street 698,779 4,967,167 5,159,227 506,719
Arterial 1,591,202 1,246,749 1,537,491 1,300,460
I-182 Impact 2,484,511 1,149,881 2,230,094 1,404,298
Street Overlay 2,403,952 2,270,074 3,462,717 1,211,309
CDBG 548,369 2,743,200 2,073,658 1,217,911
Martin Luther King Center 18,018 344,600 275,728 86,890
Ambulance 5,745,545 25,705,282 25,011,609 6,439,218
ARPA 35,000 422,712 402,711 55,001
Cemetery 355,474 826,552 781,788 400,238
Boulevard Maintenance 2,269,483 150,605 241,604 2,178,484
Athletics 176,649 358,435 320,453 214,631
Golf course 145,810 200,000 232,964 112,846
Animal Shelter Operations 0 4,024,808 3,962,808 62,000
Senior Center 194,228 237,159 431,112 275
Multi Modal 397,694 421,401 224,539 594,556
School Impact 69,549 3,562,600 3,549,714 82,435
Pasco Marina (32,137) 61,332 29,195 0
Lodging 0 1,070,774 1,070,774 0
Litter Abatement 71,407 35,824 33,964 73,267
Revolving Abatement 852,828 750,115 1,044,937 558,006
TRAC 366,838 540,646 545,322 362,162
Park Development 1,372,180 1,130,250 1,201,748 1,300,682
Page 269 of 338
Ordinance – 2023-2024 Operating Budget - 2
Capital Improvement
REET
1,851,650 9,303,320 11,665,505 (510,535)
Economic Development 13,619,949 3,150,402 3,700,815 13,069,536
Stadium/Convention
Center
1,426,943 66,381 1,271,937 221,387
Hotel/Motel Excise Tax 536,733 1,526,124 1,735,731 327,126
LID 0 167,986 167,986 0
General Capital
Improvement
0 87,513,840 87,513,840 0
Utility Fund Total 31,129,135 218,865,288 228,096,209 21,898,214
Equipment O&M Govt (256,933) 4,436,152 5,297,522 (1,118,303)
Equipment O&M
Enterprise
0 384,400 378,400 6,000
Equipment Replacement
Govt
15,205,716 3,817,529 2,909,860 16,113,385
Equipment Replacement
Enterprise
5,544,038 1,699,533 940,296 6,303,275
Medical/Dental 4,009,192 12,499,640 12,434,652 4,074,180
Central Stores 13,012 0 1,000 12,012
Old Fire Pension 4,024,383 274,002 179,905 4,118,480
Old Fire OPEB 4,516,186 104,000 328,138 4,292,048
Cemetery Endowment 680,837 42,000 0 722,837
Total Fund Balance 130,661,353 575,656,465 600,330,509 105,987,309
Section 2. The City of Pasco’s 2023-2024 Operating Budget shall be in full force and
effect on January 1, 2023.
Section 3. This Ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
___________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 270 of 338
Ordinance – 2023-2024 Capital Projects Budget - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
APPROVING THE CAPITAL PROJECTS BUDGET FOR THE 2023-2024
BIENNIUM.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council for
the City of Pasco seeks to approve the following Capital Projects Budget for the 2023-2024
biennium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the capital projects are hereby authorized as detailed. The following
schedule summarizes newly authorized projects, as well as continuing projects, and constitutes
the Capital Projects Budget.
CAPITAL PROJECTS BUDGET FOR 2023-2024
CIP Designation Project Name Amount
ACS Burden Blvd Soccer Complex Improvements Planning/
Design 100,000
ACS A Street Sports Complex New Construction Phase 1 650,000
ACS Bus-Train Depot Refurbishment 70,000
ACS Cemetery Estate Fence New Construction 350,000
ACS
City Hall Improvement Refurbishment -
HVAC/Electronics 800,000
ACS City Hall Refurbishment Phase 2 - New Office Space 200,000
ACS City Hall Window Refurbishment 70,000
ACS Community Park Northwest New Construction 200,000
ACS Dog Park New Construction 50,000
ACS Facilities Shop Gate Replacement - Oregon & Idaho Ave 60,000
ACS Franklin County Irrigation District Trail Phase 1 20,000
ACS GESA Stadium Outfield Fence Refurbishment 120,000
Page 271 of 338
Ordinance – 2023-2024 Capital Projects Budget - 2
ACS GESA Stadium Parking Lot Refurbishment 420,000
ACS GESA Stadium Refurbishment 991,104
ACS Highland Park New Construction - Broadway & CA Ave 37,271
ACS Irrigation Clock Conversion Replacement City Wide 55,000
ACS Marina Dock Replacement - Dock B - WA St & 3rd Ave 1,900,000
ACS Memorial Park Conversion of Play Fields Refurbishment 20,000
ACS Memorial Pool Bubble Cover Construction 1,000,000
ACS Memorial Pool Refurbishment 40,000
ACS Parks Restroom Replacement - East Side Parks 200,000
ACS Peanuts Park North Refurbishment 500,000
ACS Pro Shop & Restaurant Replacement 1,075,000
ACS Regional Wayfinding and City Gateways 500,000
ACS Road 84 Park 100,000
ACS Sacajawea Trail BNSF Crossing New Construction 125,000
ACS Skate Park New Construction 50,000
ACS Sylvester Park Renovation/Expansion - Sylvester & 5th 450,000
ACS Trail Connection Other Improvement - Throughout City 120,000
Total ACS $ 10,273,375
CED - Transportation James Street Improvements - 1 230,000
CED - Transportation Lewis St/Heritage Blvd Intersection Improvements 1,500,000
CED - Transportation New Road 108 - Phase 1 5,461,500
CED - Transportation Rainier Ave/Kartchner St Intersection Improvements 120,000
CED - Transportation Road 40 E Extension 1,330,000
Page 272 of 338
Ordinance – 2023-2024 Capital Projects Budget - 3
CED - Transportation Sandifur Pkwy Extension - Broadmoor to 108 6,545,500
CED - Transportation Sandifur Pkwy Improvements - Bedford to Broadmoor 871,000
CED - Transportation
Sandifur Pkwy/Broadmoor Blvd Intersection
Improvement 3,600,000
CED - Transportation South Elm Ave Extension 1,194,000
CED - Transportation
Sylvester St/US 395 NB Off-Ramp Intersection
Improvements 150,000
CED - Transportation Traffic Analysis for I-182/Rd 68 Interchange 250,000
CED - Transportation Traffic Analysis for I-182/US Hwy 395 Interchange 265,000
CED - Transportation Traffic Analysis for US 12 250,000
Total CED $ 21,767,000
Fire Fire Station 85 $ 8,000,000
Irrigation Well Capacity Upgrades 855,918
Irrigation Columbia River Intake Capacity Upgrades 92,041
Irrigation NW Irrigation System Upgrades DNSPUB 6,653,000
Total Irrigation $ 7,600,959
Police City Council Chambers 275,000
Police PD Training Facility Upgrade 350,000
Police Police Dept Headquarters Expansion 500,000
Police Regional Law Enforcement Training Facility 500,000
Total Police $ 1,625,000
Public Works Public Works (PW) Operations Center 800,000
Public Works Shop Addition (Lean-To) 375,000
Page 273 of 338
Ordinance – 2023-2024 Capital Projects Budget - 4
Total PW – Non-
Transportation $ 1,175,000
Public Works -
Transportation Rd 36 Golf Course Irrigation Line Extension 250,000
Public Works -
Transportation Annual Pavement Preservation Program 2,030,000
Public Works -
Transportation Argent Rd/Rd 88 Pedestrian Crossing 250,000
Public Works -
Transportation Argent Widening Phase 3 3,518,390
Public Works -
Transportation Broadmoor Blvd Improvements 4,333,000
Public Works -
Transportation Buckingham Dr Extension & Signal 9,822,400
Public Works -
Transportation Burns Rd/Broadmoor Blvd Intersection Improvements 2,560,000
Public Works -
Transportation City Wide Traffic Signal Improvements Phase 3 20,000
Public Works -
Transportation Court St Overlay - US Hwy 395 to 20th 165,000
Public Works -
Transportation Court St Overlay Roads 44-68 1,850,000
Public Works -
Transportation Court St/Rd 68 Intersection Improvements 2,644,954
Public Works -
Transportation Crescent Rd Extension - Road 108 to Chapel Hill 60,000
Public Works -
Transportation I-182/Broadmoor Blvd Interchange Multiuse Path/Bridge 700,000
Public Works -
Transportation I-182/Rd 68 Interchange Pedestrian/Bicycle Access 500,000
Public Works -
Transportation I-82/Broadmoor Blvd Interchange Improvements 5,600,000
Public Works -
Transportation
Lewis St Corridor Improvements (Phase 1) - 2nd Ave to
5th Ave 51,430
Public Works -
Transportation Lewis St Overpass 1,386,337
Public Works -
Transportation Oregon Ave (SR 397) Overlay I-182 to Ainsworth Ave 3,000,000
Public Works -
Transportation Rd 100 Widening - Court St to Chapel Hill Blvd 375,000
Public Works -
Transportation Rd 68 & Burns Rd Traffic Signal 500,000
Public Works -
Transportation Rd 76 Overpass - Chapel Hill Blvd to Burden Blvd 100,000
Public Works -
Transportation Rd 76 Widening - Wrigley Dr to Cordero Dr 50,000
Page 274 of 338
Ordinance – 2023-2024 Capital Projects Budget - 5
Public Works -
Transportation Sandifur Pkwy /Rd 90 Pedestrian Crossing 345,000
Public Works -
Transportation Sandifur Pkwy Widening - Road 52 to Road 60 82,755
Public Works -
Transportation Sylvester St Overpass Pedestrian/Bicycle Access 500,000
Public Works -
Transportation Sylvester St Safety Improvements 3,754,199
Public Works -
Transportation W. 'A' St/6th Ave Pedestrian Crossing 250,000
Total PW -
Transportation $ 44,698,465
PWRF PWRF Pretreatment Impr. (Ph 1) -Pot Wtr & Elec 4,000,000
PWRF PWRF Pretreatment Impr. (Ph 2) Winter Storage 29,000,000
PWRF PWRF Pretreatment Impr. (Ph 2) Winter Storage 300,000
PWRF PWRF Irrigation System - USBR Property 120,000
PWRF PWRF Land Acquisition and Irrigation System 750,000
PWRF
PWRF Pretreatment Improvement (Ph 3) -
AD/SBR/RNG 20,000,000
PWRF PWRF Irrigation System - Beus Property 440,000
PWRF PWRF Irrigation System - Farm Upgrades 5,780,000
PWRF PWRF Lab and Office 700,000
Total PWRF $ 61,090,000
Stormwater Stormwater Pipe Relining (Ph 1) 115,000
Stormwater Schlagel Park Stormwater Main Replacement 710,520
Stormwater Infiltration Improvement Program 500,000
Stormwater Sylvester Pipe Repair - 5th Ave to 10th Ave 770,000
Total Stormwater $ 2,095,520
Page 275 of 338
Ordinance – 2023-2024 Capital Projects Budget - 6
Wastewater
Animal Shelter Facility Replace- Wa. St & S 18th Ave
100,000
Wastewater Wastewater Treatment Plant (WWTP) Improv. (Ph 1) 5,000,000
Wastewater Wastewater Treatment Plant (WWTP) Improv. (Ph 2) 23,000,000
Wastewater East UGA Expansion Sewer LID 17,364,000
Wastewater West UGA Expansion Sewer LID 200,000
Wastewater Riverview W. Sewer Lift Station 1,865,000
Wastewater
Court St Sewer Main Upsize - Rd 100 - Rd 110 (CSP
#14) 318,000
Wastewater
USACE Easement Upsize -Rd 36 W. of US 395 (CSP
#20) 1,287,000
Total Wastewater $ 49,134,000
Water Lewis St Overpass 331,882
Water Star Lane Water Main Replace - Rd 100 to Rd 97 200,000
Water Transmission Main - WPWTP to Zone 3 1,453,000
Water Emergency Power Improvement 1,350,000
Water Richardson Rd Water Main Replace- Rd 92 to Rd 96 300,000
Water Butterfield Water Treatment Plant (WTP) Improvement 9,061,232
Water Alton St. Main ext. - Wehe to Alley E. Owen Ave 463,000
Water Automated Meter Reading 400,000
Water Reservoir Storage Tank - Zone 3 2,308,000
Water Reservoir Storage Tank - Zone 3 1,690,000
Water NE Industrial Area Waterline(s) Ext 1,275,000
Water Rd 76 Water Main Replace- Wernett Rd to W Court St 182,000
Water Reservoir Storage Tank - Zone 2 2,000,000
Water Riverhaven St. Water Main ext. - Rd 36 to Rd 40 86,000
Page 276 of 338
Ordinance – 2023-2024 Capital Projects Budget - 7
Water
West Pasco Wtr Treatment Plant Expansion (Ph 3) - Firm
Capacity 3,245,000
Total Water $ 24,345,114
TOTAL CAPITAL PROJECTS BUDGET $231,804,433
Section 2. The City of Pasco’s 2023-2024 Capital Projects Budget shall be in full force
and effect on January 1, 2023.
Section 3. This Ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
___________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 277 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing & Ordinance No. 4621 - Right-of-Way Vacation at Court &
Road 68 (VAC 2022-008)
I. REFERENCE(S):
Proposed Ordinance
Overview Map
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4621, vacating a portion of right -of-
way lying north of the centerline of West Court Street and west of the centerline
of Road 68, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
During the design of the Court Street and Road 68 Intersection Improvement
project, it was determined that the City possessed additional Right -of-Way
(ROW) that will not be needed for the current or for future roadway widening
projects. Therefore, staff recommends vacating the unneeded additional ROW
and return it back to the adjacent property owner. A public utility easement still
needs to be retained in this area for current and future utilities related to this
project and future development within the area.
V. DISCUSSION:
Page 278 of 338
Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require
compensation for vacated rights-of-way. The compensation involves obtaining a
title report and appraisal of value. However, the compensation and the
requirements attached thereto may be waived if one or more of the following
conditions apply:
1. The vacation is initiated by the City Council by Resolution;
2. The vacation is at the request of the City;
3. The right-of-way to be vacated was previously determined by the City
Council not to be essential to public traffic circulation and available for
vacation;
4. The grant of substitute right-of-way which has a value as a right-of-way at
least equal to that right-of-way to be vacated; and
5. The resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated.
In the current situation, the vacation is at the request of the City; as well,
substitute right-of-way, which has a value as a right-of-way at approximately
equal to that right-of-way to be vacated is being granted. As such, staff
recommends the compensation requirement be waived and the proposed
ordinance be adopted.
Page 279 of 338
Ordinance – ROW Vacation (VAC 2022-008) - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF RIGHT OF WAY LYING NORTH OF THE
CENTERLINE OF WEST COURT STREET AND WEST OF THE
CENTERLINE OF ROAD 68.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, the City staff requested that the City Council initiate the vacation procedures
for vacation of a portion of right of way lying north of the centerline of West Court Street and west
of the centerline of Road 68; and
WHEREAS, on October 17, 2022, pursuant to the Pasco Municipal Code (PMC) Section
12.40.040, the City passed Resolution No. 4264, initiating the vacation procedures, and setting a
public hearing for the proposed vacation; and
WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the
City’s intent to vacate the public right-of-way; and
WHEREAS, the City held a public hearing on the proposed vacation on November 21,
2022; and
WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report,
and an appraisal of value and compensation unless waived by the City Council; and
WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement
for a title report, an appraisal of value and compensation if one or more of the following are
applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the
City; the Council had previously determined that the right-of-way is not essential to public traffic
circulation and is available for vacation; the grant of a substitute right-of-way has value as a right-
Page 280 of 338
Ordinance – ROW Vacation (VAC 2022-008) - 2
of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community
of the project requiring the vacation outweighs the appraised value of the right-of-way to be
vacated; and
WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the
requirement for a title report, an appraisal of value, and compensation pursuant to the PMC Section
12.40.120(2) as it was at the request of the City, initiated by Resolution of the City Council,
acquired without cost to the City, and the resulting benefit to the community will outweigh any
value of the vacated right-of-way; and
WHEREAS, the City Council may approve a right-of-way vacation upon making findings
pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely
affect traffic accessibility and circulation within the immediate area or with the City as a whole; is
not contemplated or needed for future use; no abutting property will become landlocked or have
access substantially impaired; and the public needs shall not be adversely affected and the vacation
will provide a public benefit or serve a public purpose; and
WHEREAS, the City Council finds that the required criteria of the PMC Section
12.40.070(1)-(4) have been met; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a portion of right-of-way, as described below, and as depicted in a map
attached hereto as Exhibit A, be and the same is hereby vacated;
A STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 29
EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY,
WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 27,
TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE
MERIDIAN, MARKED BY A 2.5 INCH BRASS CAP IN CASE LOCATED AT
INTERSECTION OF ROAD 60 & WEST COURT STREET; THENCE SOUTH
89˚21'17" WEST ALONG THE NORTH LINE OF SAID SECTION 27 A
DISTANCE OF 2,668.73 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 27, MARKED BY A 2.5 INCH BRASS CAP IN CASE WITH PUNCH
ONLY LOCATED AT THE INTERSECTION OF ROAD 68 & WEST COURT
STREET;
Page 281 of 338
Ordinance – ROW Vacation (VAC 2022-008) - 3
THENCE SOUTH 89˚22'19" WEST ALONG THE SOUTH LINE OF SAID
SECTION 21 A DISTANCE OF 258.55 FEET; THENCE NORTH 00˚37'41"
WEST A DISTANCE OF 48.50 FEET; THENCE NORTH 89˚22'19" EAST A
DISTANCE OF 127.54 FEET TO A POINT ON THE ARC OF A NON
TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 206.02
FEET; THE RADIUS POINT OF WHICH BEARS NORTH 05˚47'00" WEST;
THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 42.63 FEET,
WITH A DELTA ANGLE OF 11˚51'24", A CHORD BEARING OF NORTH
78˚17'18" EAST, AND A CHORD LENGTH OF 42.56 FEET TO A POINT OF
COMPOUND CURVATURE TURNING TO THE LEFT, HAVING A RADIUS
OF 56.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH
OF 27.24 FEET, WITH A DELTA ANGLE OF 27˚52'09", A CHORD BEARING
OF NORTH 58˚25'32" EAST, AND A CHORD LENGTH OF 26.97 FEET TO
THE WESTERLY MARGIN OF THE VARIABLE WIDTH RIGHT OF WAY
DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY
AUDITOR'S FILE NUMBER 428389 AND TRUE POINT OF BEGINNING;
SAID POINT BEING ON THE CONTINUATION OF THE PREVIOUSLY
DESCRIBED CURVE TURNING TO THE LEFT, HAV ING A RADIUS OF
56.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY
MARGIN AND FOLLOWING ALONG SAID CURVE CONTINUATION,
HAVING AN ARC LENGTH OF 40.04 FEET, WITH A DELTA ANGLE OF
40˚57'44", A CHORD BEARING OF NORTH 24˚00'35" EAST, AND A
CHORD LENGTH OF 39.19 FEET; THENCE NORTH 03˚31'43" EAST A
DISTANCE OF 8.51 FEET TO SAID WESTERLY RIGHT OF WAY MARGIN;
THENCE SOUTH 76˚44'31" WEST ALONG SAID WESTERLY RIGHT OF
WAY MARGIN A DISTANCE OF 22.21 FEET TO A POINT ON THE ARC OF
A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A
RADIUS OF 50.00 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH
59˚13'42" WEST; THENCE ALONG SAID CURVE AND CONTINUING
ALONG SAID WESTERLY RIGHT OF WAY MARGIN, HAVING AN ARC
LENGTH OF 40.65 FEET, WITH A DELTA ANGLE OF 46˚34'49", A CHORD
BEARING OF SOUTH 07˚28'53" EAST, AND A CHORD LENGTH OF 39.54
FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 480 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF
RECORD.
Section 2. That a certified copy of this Ordinance be recorded by the City Clerk of the City
of Pasco in and with the office of the Auditor of Franklin County, Washington.
Page 282 of 338
Ordinance – ROW Vacation (VAC 2022-008) - 4
Section 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Section 4. That pursuant to PMC Chapter 12.40, the City Council hereby waives the
requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
_____________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 283 of 338
W. COURT ST. (CL)ROAD 68 (CL)28 27
2221
R/W VACATION
22
27EXHIBIT BScale 1" = 40'
0 20 40 80
CURVETABLEDRAWN BY:CHECKED BY:SCALE:PROJECT NO.:DATE:SHEETOFROPADM1" = 40'71749.00010/11/202222Permanent Utility Easement Vacation of Right of WayRight of Way being acquiredEXHIBIT A
Page 284 of 338
Item:ROW Vacation -West Court Street/Road 68 Roundabout
App1icant(s):City of Pasco
File #:VAC 2022-008
Overview
‘.5ig;._‘
»"A.‘-.2.age..'--LilPage 285 of 338
Item:ROW Vacation -West Court Street/Road 68 Roundabout
App1icant(s):City of Pasco
File #:VAC 2022-008
"’‘
Vicinity
1
LPage 286 of 338
AGENDA REPORT
FOR: City Council November 1, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Resolution No. 4271 - Purchase and Sale Agreement for Real Property
(Stahl ROW)
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4271, authorizing the purchase of
real property located at 4050 East A Street Pasco, Washington, for future right -
of-way.
III. FISCAL IMPACT:
Purchase Price $309,000 - Funded through the 194 Economic Development
Fund
IV. HISTORY AND FACTS BRIEF:
In order to provide connection and right -of-way to serve growing industrial
development in this area of Pasco, the City wishes to purchase this portion of
right-of-way to complete the future construction of Road 40 East. A mutually
agreed on price had been negotiated with the property owner, Stahl Huttirian
Brethren. Additional right-of-way has been and will be purchased through
separate Purchase and Sale (PSA) processes with the cooperation of additional
property owners.
V. DISCUSSION:
Staff is recommending approval of the Resolution and the PSA as negotiated.
Page 287 of 338
Resolution - PSA – ROW Property from Stahl – 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 4050
EAST A STREET, PASCO, WASHINGTON
WHEREAS, owners of property located at 4050 East A Street, Pasco, Washington, have
authorized sale of a portion of said property for the amount of three hundred and nine thousand
dollars ($309,000); and
WHEREAS, this purchase is strategic in planning for right-of-way acquisition for the
extension of Road 40 East; and
WHEREAS, the City has reviewed the Purchase and Sale Agreement and all associated
documents; and
WHEREAS ¸ the City has appropriated funding for purchase in the amount of the listing
price.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the attached Purchase and Sale agreement is satisfactory to the goals and budget for
the City of Pasco and the purchase of the subject property is advantageous to the City, and
Be It Further Resolved that the Interim City Manager is hereby authorized to execute the
Purchase and Sale agreement attached hereto as Exhibit A; and to make minor substantive changes
necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 288 of 338
Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926
J,I2svN Commercial Brokers Association
ALLRIGHTSRESERVED
CBAForm PS-IA]Purchase &Sale Agreement
Rev.7/2020
Page ms
Commercial &Investment Real Estate
Purchase &Sale Agreement
REYTER5 COMPANY
SPECIFIC TERMS
Reference Date:May14.2022
Offer Expiration Date:May 20.202;5:00pm
1.
8.
9.
PROPERTY:The Property is legally described on Exhibit A.Address:so’poaion of 4050 E.A
Street City of I°§gg._ELan@ County.Washington.Tax Parcel No[s]:]]3.E0.195
Included Personal Property:1 None;_If on and used in connection with the Property,per
Section 25 [None,if not completed].
.BUYER[S]:City of Pasco
.SELLER[S]:Stahl l:|I_.;tti|:i§n Brethren
.PURCHASE PRICE:$309 000
Payable as:_x_Cash;_Financing [Form PS_FlN attached];_Other
.EARNEST MONEY:$5.000 Dollars;Held by Closing Agent
Form of Earnest Money:L Check;_Wire Transfer;_Note;_Other
Earnest Money Due Date:_L i days after Mutual Acceptance;__days after satisfaction
of Feasibility Contingency;or _
.FEASIBILITY CONTINGENCY DATE:60 days after Mutual Acceptance
CLOSING DATE:on or before ?ag
CLOSING AGENT:Ticor Title I Patty Sweetwood
TITLE INSURANCE COMPANY:Ticor Title
10.DEED:L Statutory Warranty Deed;or _Bargain and Sale Deed
11.POSSESSION:_x_onclosing;_Other:
12.SELLER CITIZENSHIP [FIRPTA]:Seller _is;_)_(_is not a foreign person for the purposes of US
income taxation.
13.BUYER'S DEFAULT:_x_Forfeiture of Earnest Money;_Seller's Election of Remedies
14.SELLER’S DEFAULT:_x_Recover Earnest Money or Specific Enforcement;_Buyer's Election of
Remedies
15.UNPAID UTILITIES:Buyer and Seller _Don Not Waive [Form UA attached];_X_Waive
16.AGENCY DISCLOSURE:Selling Broker represents:L Buyer;_Seller;_both parties
17.
Listing Broker represents:_Seller;_both parties
EXHIBITSAND ADDENDA.The following Exhibits and Addenda are made a part of this
Agreement:
Earnest Money Promissory Note Back-Up Addendum
\;“{’Dzie/14/2022
Buyer Date
r Eat/e6
Seller Date CBK
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Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926
Commercial &Investment Real Estate °°”“°'j{‘3L“;f;‘§',;1,‘;;§;:3g3IIPurchase&Sale Agreement °““‘°"“""""""""*“°"~°'°'°,.“gf°,3g§.‘:};
Pagezlis
Blank Promissory Note Vacant Land Addendum
Blank Short Form Deed of Trust Financing Addendum
Blank Deed of Trust Rider Tenant Estoppel Certificate[s]
Utility Charges Addendum Defeasance Addendum
FIRPTA Certification Lead-Based Paint Disclosure
Assignment and Assumption X Exhibit A:Legal Description
Addendum/Amendment X Exhibit B:Additional Terms
18.IDENTIFICATION OF THE PARTIES.The following is the contact information for the parties
involved in this Agreement:
Buyer Seller
Contact:Zach Ratkai Contact:Iohn Stahl
Address:523 N.3rd Ave.Address:1485 N.Hoffman Rd
Easco.WA 9930]Bitgyille.WA 99169
Phone:509.537.2078 Phone:502.260.2299
Email:[at|g§i;@pasco-wa,goy Email:iohn stal3lfarms@me,com
Sellin Firm
Name:SVN I Retter &Company Name:NONE
Listing Broker:Rob Ellsworth Selling Broker:
Address:329 N.Kellogg St.Address:
Kennewick WA 99336
Phone:509.430.2378 Phone:
Email:Rob@RobEl|sworth.com Email:
Firm Lic.#:20279 Firm Lic.#:
Broker Lic.#:17790 Broker Lic.#:
Copy of Notices to Buyer to:Copy of Notices to Seller to:
Name:Name:
Company:
T
Company:
Address:Address:
Phone:Phone:
Email:Email:
19.Purchase and Sale.Buyer agrees to buy and Seller agrees to sell the commercial real estate
identified in Section 1 as the Property and all improvements thereon.Unless expressly provided
otherwise in this Agreement or its Addenda,the Property shall include [i]all of Seller's rights.
title and interest in the Property,[ii]all easements and rights appurtenant to the Property,[iii]
all buildings,fixtures,and improvements on the Property,[iv]all unexpired leases and
subleases;and [v]all included personal property.
20.Acceptance;Counteroffers.If this offer is not timely accepted,it shall lapse and the earnest
money shall be refunded to Buyer.If either party makes a future counteroffer,the other party
shall have until 5:00 p.m.on the day [if not filled in,the second day]following receipt to
accept the counteroffer.unless sooner withdrawn.If the counteroffer is not timely accepted or
countered.this Agreement shall lapse and the earnest money shall be refunded to Buyer.No
acceptance,offer or counteroffer from Buyer is effective until a signed copy is received by
Seller,the Listing Broker or the licensed office of the Listing Broker.No acceptance,offer or
counteroffer from Seller is effective until a signed copy is received by Buyer,the Selling Broker
Buye “£14 Dgte/14/2022Buyerm Date
T
Seller D5a{e162022
Seller Date _
CB(
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Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926
Commercial &Investment Real Estate °°m””“,';'f,;f;‘;':s‘;;;§‘;;‘§3IIPurchase&Sale Agreement °°’”°"“"S"“"’"""°‘°"-""°:g?*,‘;f‘,",,°2",;
Page 3115
or the licensed office of the Selling Broker."Mutual Acceptance"shall occur when the last
counteroffer is signed by the offeree,and the fully-signed counteroffer has been received by
the offeror,his or her broker,or the licensed office of the broker.If any party is not represented
by a broker,then notices must be delivered to that party and shall be effective when received
by that party.
21.Earnest Money.Selling Broker and Selling Firm are authorized to transfer Earnest Money to
Closing Agent as necessary.Selling Firm shall deposit any check to be held by Selling Firm
within 3 days after receipt or Mutual Acceptance,whichever occurs later.If the Earnest Money
is to be held by Selling Firm and is over $10,000,it shall be deposited to:_the Selling Firm‘s
pooled trust account [with interest paid to the State Treasurer];or _a separate interest
bearing trust account in Selling Firm‘s name.provided that Buyer completes an IRS Form W-9
[if not completed,separate interest bearing trust account].The interest,if any,shall be credited
at closing to Buyer.if this sale fails to close,whoever is entitled to the Earnest Money is
entitled to interest.Unless otherwise provided in this Agreement.the Earnest Money shall be
applicable to the Purchase Price.
22.Title Insurance.
a.Title Report.Seller authorizes Buyer,its Lender.Listing Broker,Selling Broker or Closing
Agent,at Seller's expense,to apply for and deliver to Buyer a standard coverage owner's
policy of title insurance from the Title Insurance Company.Buyer shall have the discretion to
apply for an extended coverage owner's policy of title insurance and any endorsements,
provided that Buyer shall pay the increased costs associated with an extended policy
including the excess premium over that charged for a standard coverage policy,the cost of
any endorsements requested by Buyer,and the cost of any survey required by the title
insurer.If Seller previously received a preliminary commitment from a title insurer that Buyer
declines to use,Buyer shall pay any cancellation fee owing to the original title insurer.
Otherwise,the party applying for title insurance shall pay any title cancellation fee,in the
event such a fee is assessed.
b.Permitted Exceptions.Buyer shall notify Seller of any objectionable matters in the title
report or any supplemental report within the earlier of:[a]__days [20 days if not completed]
after receipt of the preliminary commitment for title insurance;or [b]the Feasibility
Contingency Date.This Agreement shall terminate and Buyer shall receive a refund of the
earnest money,less any costs advanced or committed for Buyer,unless within five [5]days of
Buyer's notice of such objections Seller shall give notice,in writing.of its intent to remove all
objectionable provisions before Closing.If Seller fails to give timely notice that it will clear all
disapproved objections,this Agreement shall automatically terminate and Buyer shall receive
a refund of the earnest money,less any costs advanced or committed for Buyer,unless Buyer
notifies Seller within three [3]days that Buyer waives any objections which Seller does not
agree to remove.if any new title matters are disclosed in a supplemental title report,then the
preceding termination,objection and waiver provisions shall apply to the new title matters
except that Buyer's notice of objections must be delivered within three [3]days of receipt of
the supplemental report by Buyer and Seller's response or Buyer's waiver must be delivered
within two [2]days of Buyer's notice of objections.The Closing Date shall be extended to the
extent necessary to permit time for these notices.Buyer shall not be required to object to any
mortgage or deed of trust liens,or the statutory lien for real property taxes,and the same
shall not be deemed to be Permitted Exceptions;provided,however,that the lien securing
any financing which Buyer has agreed to assume shall be a Permitted Exception.Except for
the foregoing.those provisions not objected to or for which Buyer waived its objections shall
be referred to collectively as the “Permitted Exceptions."Seller shall reasonably cooperate
with Buyer and the title company to clear objectionable title matters and shall provide an
affidavit containing the information and reasonable covenants requested by the title
company.The title policy shall contain no exceptions other than the General Exclusions and
Exceptionscommon to such form of policy and the Permitted Exceptions.
Buye Dfte/14/2o__22
Buyer _____Date
Seller Dsat/e1¥202 2
Seller Date CBK
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Docusign Envelope ID:652053B5-FA3D-4A92-B2DE-ED71EEAOF926
4.bsvN Commercial Brokers Association
ALLRIGHTSRESERVED
CBA Form PS-‘IAl Purchase &Sale Agreement
Rev.7/2020
Page alts
Commercial 8:Investment Real Estate
Rmmwm
Purchase &Sale Agreement
c.Title Policy.At Closing,Buyer shall receive an ALTAForm 2006 Owner's Policy of Title
Insurance with standard or extended coverage [as specified by Buyer]dated as of the Closing
Date in the amount of the Purchase Price.insuring that fee simple title to the Property is
vested in Buyer,subject only to the Permitted Exceptions [“Tit|e Policy”],provided that Buyer
acknowledges that obtaining extended coverage may be conditioned on the Title Company's
receipt of a satisfactory survey paid for by Buyer.If Buyer elects extended coverage,then
Seller shall execute and deliver to the Title Company on or before Closing the such affidavits
and other documents as the Title Company reasonably and customarily requires to issue
extended coverage.
23.Feasibility Contingency.Buyer's obligations under this Agreement are conditioned upon
Buye
Selle
Buyer's satisfaction,in Buyer's sole discretion,concerning all aspects of the Property,including
its physical condition;the presence of or absence of any hazardous substances;the contracts
and leases affecting the Property;the potential financial performance of the Property;the
availability of government permits and approvals;and the feasibility of the Property for Buyer's
intended purpose.This Agreement shall terminate and Buyer shall receive a refund of the
earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller
before 5:00pm on the Feasibility Contingency Date.If such notice is timely given,the feasibility
contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and
waived any objection regarding any aspects of the Property as they exist on the Feasibility
Contingency Date.
a.Books,Records,Leases,Agreements.Within ;days [3 days if not filled in]Seller shall
deliver to Buyer or post in an online database maintained by Seller or Listing Broker.to which
Buyer has been given unlimited access,true,correct and complete copies of all documents in
Seller's possession or control relating to the ownership,operation,renovation or development
of the Property,excluding appraisals or other statements of value,and including the
following:statements for real estate taxes.assessments,and utilities for the last three years
and year to date;property management agreements and any other agreements with
professionals or consultants;leases or other agreements relating to occupancy of all or a
portion of the Property and a suite-by—suite schedule of tenants,rents,prepaid rents,
deposits and fees;plans,specifications,permits,applications,drawings,surveys,and studies;
maintenance records,accounting records and audit reports for the last three years and year
to date;any existing environmental reports;any existing surveys;any existing inspection
reports;and “Vendor Contracts”which shall include maintenance or service contracts,and
installments purchase contracts or leases of personal property or fixtures used in connection
with the Property.Buyer shall determine by the Feasibility Contingency Date:[i]whether Seller
will agree to terminate any objectionable Vendor Contracts;and [ii]whether Seller will agree
to pay any damages or penalties resulting from the termination of objectionable Vendor
Contracts.Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance
of all Vendor Contracts which Seller has not agreed in writing to terminate.Buyer shall be
solely responsible for obtaining any required consents to such assumption and the payment
of any assumption fees.Seller shall cooperate with Buyer's efforts to receive any such
consents but shall not be required to incur any out-of-pocket expenses or liability in doing 50.
Any information provided or to be provided by Seller with respect to the Property is solely for
Buyer's convenience and Seller has not made any independent investigation or verification of
such information [other than that the documents are true,correct,and complete,as stated
above]and makes no representations as to the accuracy or completeness of such
information,except to the extent expressly provided otherwise in this Agreement.Seller shall
transfer the Vendor Contracts as provided in Section 25.
b.Access.Seller shall permit Buyer and its agents,at Buyer's sole expense and risk,to enter
the Property at reasonable times subject to the rights of and after legal notice to tenants,to
conduct inspections concerning the Property,including without limitation,the structural
condition of improvements,hazardous materials,pest infestation,soils conditions,sensitive
areas,wetlands,or other matters affecting the feasibility of the Property for Buyer's intended
fVӢ2
Buyer Date
r D241622
Seller Date CB1
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Docusign Envelope
4.|2svN
ID:65205335-FA3D-4A92-BZDE-ED71EEAOF926
Commercial Brokers Association
ALLRIGHTSRESERVED
CBAForm PS-IA I Purchase 3.Sale Agreement
Rev.7/Z020
Page 5115
use.Buyer shall schedule any entry onto the Property with Seller in advance and shall comply
with Seller's reasonable requirements including those relating to security,confidentiality,and
disruption of Seller's tenants.Prior to entering the Property and while conducting any
inspections.Buyer shall,at no cost or expense to Seller:[a]procure and maintain commercial
general liability [occurrence]insurance in an amount no less than $2,000,000 on
commercially reasonable terms adequate to insure against all liability arising out of any entry
onto or inspections of the Property that lists Seller and Tenant as additional insureds;and [b]
deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any
applicable agents or representatives evidencing such required insurance.Buyer shall not
perform any invasive testing including environmental inspections beyond a phase I
assessment or contact the tenants or property management personnel without obtaining
Seller's prior written consent,which shall not be unreasonably withheld,conditioned or
delayed.Buyer shall restore the Property and all improvements to substantially the same
condition they were in prior to inspection.Buyer shall be solely responsible for all costs of its
inspections and feasibility analysis and has no authority to bind the Property for purposes of
statutory liens.Buyer agrees to indemnify and defend Seller from all liens,costs,claims,and
expenses.including attorneys‘and experts‘fees,arising from or relating to entry onto or
inspection of the Property by Buyer and its agents,which obligation shall survive closing.
Buyer may continue to enter the Property in accordance with the foregoing terms and
conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of
leasing or to satisfy conditions of financing.
c.Buyer waives,to the fullest extent permissible by law,the right to receive a seller disclosure
statement [e.g.“Form 17"]if required by RCW 64.06 and its right to rescind this Agreement
pursuant thereto.However,if Seller would otherwise be required to provide Buyer with a Form
17,and if the answer to any of the questions in the section of the Form 17 entitled
“Environmental"would be “yes,"then Buyer does not waive the receipt of the “Environmental"
section of the Form 17 which shall be provided by Seller.
Commercial &Investment Real Estate
Purchase &Sale Agreement
RETTERL COMPANY
24.Conveyance.Title shall be conveyed subject only to the Permitted Exceptions.If this
Agreement is for conveyance of Seller's vendee’s interest in a Real Estate Contract,the deed
shall include a contract vendee’s assignment sufficient to convey after-acquired title.At
Closing,Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS
Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed
by Buyer pursuant to Section 25[b]and all intangible property transferred pursuant to Section
25lbl.
25.Personal Property.
a.If this sale includes the personal property located on and used in connection with the
Property,Seller will itemize such personal property in an Exhibit to be attached to this
Agreement within ten [10]days of Mutual Acceptance.The value assigned to any personal
property shall be $[if not completed,the County-assessed value if available.and if not
available.the fair market value determined by an appraiser selected by the Listing Broker and
Selling Broker].Seller warrants title to.but not the condition of,the personal property and
shall convey it by bill of sale.
b.In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24
above,this sale includes all right.title and interest of Seller to the following intangible
property now or hereafter existing with respect to the Property including without limitation:
all rights-of-way,rights of ingress or egress or other interests in,on,or to.any land,highway.
street,road,or avenue,open or proposed,in,on,or across,in front of,abutting or adjoining
the Property;all rights to utilities serving the Property;all drawings,plans.specifications and
other architectural or engineering work product;all governmental permits,certificates,
licenses,authorizations and approvals;all rights.claims,causes of action,and warranties
kindercontracts with contractors,engineers.architects,consultants or other parties
Buye \/"4’Da5t{14/2022
Buyer Date
Seller
5/6 202 2
Seller Date
CB(
Date ___T__
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Docusign Envelope ID:652053B5-FA3D-4A92-BZDE-ED71EEAOF926
ALLRIGHTSRESERVED
Purchase &Sale Agreement °"“‘°"""5"“'"“'°“°‘°“"°,,"gf°,*;g;g‘;
Page 6I15
associated with the Property;all utility,security and other deposits and reserve accounts
made as security for the fulfillment of any of Seller's obligations;any name of or telephone
numbers for the Property and related trademarks,service marks or trade dress;and
guaranties,warranties or other assurances of performance received.
Commercial &Investment Real Estate °°"*'"°"‘°'B'°"°""“°°‘°"°"4J_J,2svN
RETTERG COHPANV
Z6.Seller's Underlying Financing.Unless Buyer is assuming Seller's underlying financing,Seller
shall be responsible for confirming the existing underlying financing is not subject to any "lock
out"or similar covenant which would prevent the lender's lien from being released at closing.
In addition,Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is
required to substitute securities for the Property as collateral for the underlying financing
[known as “defeasance"].If Seller provides this notice of defeasance to Buyer.then the parties
shall close the transaction in accordance with the process described in CBA Form PS_D or any
different process identified in Seller's defeasance notice to Buyer.
27.Closing of Sale.Buyer and Seller shall deposit with Closing Agent by 12:00 p.m.on the
scheduled Closing Date all instruments and monies required to complete the purchase in
accordance with this Agreement.Upon receipt of such instruments and monies,Closing Agent
shall cause the deed to be recorded and shall pay to Seller,in immediately available funds,the
Purchase Price less any costs or other amounts to be paid by Seller at Closing.“C|osing"shall
be deemed to have occurred when the deed is recorded and the sale proceeds are available to
Seller.Time is of the essence in the performance of this Agreement.Sale proceeds shall be
considered available to Seller,even if they cannot be disbursed to Seller until the next business
day after Closing.Notwithstanding the foregoing,if Seller informed Buyer before the Feasibility
Contingency Date that Seller's underlying financing requires that it be defeased and may not
be paid off,then Closing shall be conducted in accordance with the three[3]-day closing
process described in CBA Form PS_D.This Agreement is intended to constitute escrow
instructions to Closing Agent.Buyer and Seller will provide any supplemental instructions
requested by Closing Agent provided the same are consistent with this Agreement.
28.Closing Costs and Prorations.Seller shall deliver an updated rent roll to Closing Agent not
later than two [2]days before the scheduled Closing Date in the form required by Section 23[a]
and any other information reasonably requested by Closing Agent to allow Closing Agent to
prepare a settlement statement for Closing.Seller certifies that the information contained in
the rent roll is correct as of the date submitted.Seller shall pay the premium for the owner's
standard coverage title policy.Buyer shall pay the excess premium attributable to any
extended coverage or endorsements requested by Buyer,and the cost of any survey required
in connection with the same.Seller and Buyer shall each pay one-half of the escrow fees.Any
real estate excise taxes shall be paid by the party who bears primary responsibility for
payment under the applicable statute or code.Real and personal property taxes and
assessments payable in the year of closing;collected rents on any existing tenancies;
expenses already incurred by Seller that relate to services to be provided to the Property after
the Closing Date;interest;utilities;and other operating expenses shall be pro-rated as of
Closing.Seller will be charged and credited for the amounts of all of the pro-rated items
relating to the period up to and including 11:59 pm Pacific Time on the day preceding the
Closing Date,and Buyer will be charged and credited for all of the pro-rated items relating to
the period on and after the Closing Date.If tenants pay any of the foregoing expenses directly,
then Closing Agent shall only pro rate those expenses paid by Seller.Buyer shall pay to Seller
at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed
financing for which Buyer receives the benefit after Closing.Buyer shall pay all costs of
financing including the premium for the lender's title policy.If the Property was taxed under a
deferred classification prior to Closing,then Seller shall pay all taxes,interest,penalties,
deferred taxes or similar items which result from removal of the Property from the deferred
classification.At Closing,all refundable deposits on tenancies shall be credited to Buyer or
deliveredtoBuyer for deposit in a trust account if required by state or local law.Buyer shall
=-..7;¢,,.5/14/2022
Buve l?7 Buyers Date
T...
Seller Date
T
Seller
T
Date _________
CB(
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DocuSign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926
V II Commercial &Investment Real Estate °°T”"i:'L°
gfg:;'fs‘;?;§;';v‘:3
CBAF PS-1A Pu has 8:53 A lPurchase&Sale Agreement °"“'°‘’°,,;3f°,7;';,°;;,
Page 7115
pay any sales or use tax applicable to the transfer of personal property included in the sale.
29.Post-Closing Adjustments,Collections,and Payments.After Closing,Buyer and Seller shall
reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the
extent those items were prorated or credited at Closing based upon estimates.Any bills or
invoices received by Buyer after Closing which relate to services rendered or goods delivered
to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such
bill or invoice.At Buyer's option.Buyer may pay such bill or invoice and be reimbursed the
amount paid plus interest at the rate of 12%per annum beginning fifteen [15]days from the
date of Buyer's written demand to Seller for reimbursement until such reimbursement is made.
Notwithstanding the foregoing,if tenants pay certain expenses based on estimates subject to
a post-closing reconciliation to the actual amount of those expenses,then Buyer shall be
entitled to any surplus and shall be liable for any credit resulting from the reconciliation.Rents
collected from each tenant after Closing shall be applied first to rentals due most recently from
such tenant for the period after closing,and the balance shall be applied for the benefit of
Seller for delinquent rentals owed for a period prior to closing.The amounts applied for the
benefit of Seller shall be turned over by Buyer to Seller promptly after receipt.Seller shall be
entitled to pursue any lawful methods of collection of delinquent rents but shall have no right
to evict tenants after Closing.Any adjustment shall be made,if any,within 180 days of the
Closing Date,and if a party fails to request an adjustment by notice delivered to the other
party within the applicable period set forth above [such notice to specify in reasonable detail
the items within the Closing Statement that such party desires to adjust and the reasons for
such adjustment].then the allocations and prorations at Closing shall be binding and
conclusive against such party.
30.Operations Prior to Closing.Prior to Closing,Seller shall continue to operate the Property in
the ordinary course of its business and maintain the Property in the same or better condition
than as existing on the date of Mutual Acceptance but shall not be required to repair material
damage from casualty except as otherwise provided in this Agreement.After the Feasibility
Contingency Date,Seller shall not enter into or modify existing rental agreements or leases
[except that Seller may enter into,modify,extend,renew or terminate residential rental
agreements or residential leases for periods of 12 months or less in the ordinary course of its
business],service contracts,or other agreements affecting the Property which have terms
extending beyond Closing without obtaining Buyer's consent.which shall not be withheld
unreasonably.
31.Possession.Buyer shall accept possession subject to all tenancies disclosed to Buyer before
the Feasibility Contingency Date.
32.Seller's Representations.Except as disclosed to or known by Buyer prior to the satisfaction
or waiver of the Feasibility Contingency,including in the books,records and documents made
available to Buyer,or in the title report or any supplemental report or documents referenced
therein,Seller represents to Buyer that,to the best of Seller's actual knowledge,each of the
following is true as of the date hereof:[a]Seller is authorized to enter into the Agreement,to
sell the Property,and to perform its obligations under the Agreement,and no further consent.
waiver,approval or authorization is required from any person or entity to execute and perform
under this Agreement;[b]The books,records.leases.agreements and other items delivered to
Buyer pursuant to this Agreement comprise all material documents in Seller's possession or
control regarding the operation and condition of the Property,are true,accurate and complete
to the best of Seller's knowledge,and no other contracts or agreements exist that will be
binding on Buyer after Closing;[c]Seller has not received any written notices that the Property
or any business conducted thereon violate any applicable laws,regulations,codes and
ordinances;[d]Seller has all certificates of occupancy,permits,and other governmental
cgnsents necessary to own and operate the Property for its current use;[e]There is no
5/14/2022
Buye Date_j_j Buyerj____j_Date____j
Seller Eat/e16/2_o__2_2___Seller Date CM
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Docusign Envelope
«DSVN
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Commercial Brokers Association
ALLRIGHTSRESERVED
CBA Form PS-‘IAIPurchase 8:Sale Agreement
Rev.7/2020
Page alts
Commercial &Investment Real Estate
mmmm Purchase &Sale Agreement
pending or threatened litigation which would adversely affect the Property or Buyer's
ownership thereof after Closing;[f]There is no pending or threatened condemnation or similar
proceedings affecting the Property,and the Property is not within the boundaries of any
planned or authorized local improvement district;[g]Seller has paid [except to the extent
prorated at Closing]all local,state and federal taxes [other than real and personal property
taxes and assessments described in Section 28 above]attributable to the period prior to
closing which.if not paid,could constitute a lien on Property [including any personal property],
or for which Buyer may be held liable after Closing;[h]Seller is not aware of any concealed
material defects in the Property except as disclosed to Buyer before the Feasibility
Contingency Date;[i]There are no Hazardous Substances [as defined below]currently located
in,on,or under the Property in a manner or quantity that presently violates any Environmental
Law [as defined below];there are no underground storage tanks located on the Property;and
there is no pending or threatened investigation or remedial action by any governmental
agency regarding the release of Hazardous Substances or the violation of Environmental Law
at the Property;[j]Seller has not granted any options nor obligated itself in any matter
whatsoever to sell the Property or any portion thereof to any party other than Buyer;and [k]
Neither Seller nor any of its respective partners.members,shareholders or other equity
owners.is a person or entity with whom U.S.persons or entities are restricted from doing
business under regulations of the Office of Foreign Asset Control [“OFAC”]of the Department
of the Treasury [including those named on OFAC’s Specially Designated and Blocked Persons
List]or under any statute or executive order;and [I]the individual signing this Agreement on
behalf of Seller represents and warrants to Buyer that he or she has the authority to act on
behalf of and bind Seller.As used herein,the term "Hazardous Substances"shall mean any
substance or material now or hereafter defined or regulated as a hazardous substance,
hazardous waste,toxic substance,pollutant,or contaminant under any federal,state.or local
law,regulation,or ordinance governing any substance that could cause actual or suspected
harm to human health or the environment ["Environmental Law"].The term "Hazardous
Substances"specifically includes,but is not limited to,petroleum,petroleum by-products.and
asbestos.
If prior to Closing Seller or Buyer discovers any information which would cause any of the
representations above to be false if the representations were deemed made as of the date of
such discovery,then the party discovering the information shall promptly notify the other party
in writing and Buyer,as its sole remedy,may elect to terminate this Agreement by giving Seller
notice of such termination within five [5]days after Buyer first received actual notice [with the
Closing Date extended to accommodate such five [5]day period],and in such event.the
Earnest Money Deposit shall be returned to Buyer.Buyer shall give notice of termination within
five [5]days of discovering or receiving written notice of the new information.Nothing in this
paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual
knowledge of the newly discovered information such that a representation provided for above
was false.
33.As-Is.Except for the express representations and warranties in this Agreement.[a]Seller
Buye
Seller
makes no representations or warranties regarding the Property;[b]Seller hereby disclaims,
and Buyer hereby waives,any and all representations or warranties of any kind,express or
implied,concerning the Property or any portion thereof,as to its condition,value,compliance
with laws.status of permits or approvals,existence or absence of hazardous material on site,
suitability for Buyer's intended use,occupancy rate or any other matter of similar or dissimilar
nature relating in any way to the Property,including the warranties of fitness for a particular
purpose,tenantability,habitability and use;[c]Buyer takes the Property “AS IS''and with all
faults;and [d]Buyer represents and warrants to Seller that Buyer has sufficient experience
and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections
and investigations.
“W 5/14/2022
Date
5/16/2022
Date
Buyer Date
CB1SellerDate
Page 296 of 338
Docuslgn Envelope ID:65205385-FA3D-4A92-B2DE-ED71EEAOF926
I“Commercial &Investment Real Estate °°"‘"’°",§°
L'L",_.§;’,';‘,,',‘s‘:,‘§§§‘f‘,,,‘,‘;’3Purchase&Sale Agreement °"“‘°'“‘""""""""°‘°"5"",;‘g,f§‘;g;,°2",;
Page 9|i5
34.Buyer's Representations.Buyer represents that Buyer is authorized to enter into the
Agreement;to buy the Property;to perform its obligations under the Agreement;and that
neither the execution and delivery of this Agreement nor the consummation of the transaction
contemplated hereby will:[a]conflict with or result in a breach of any law,regulation,writ,
injunction or decree of any court or governmental instrumentality applicable to Buyer;or [b]
constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound.
The individual signing this Agreement on behalf of Buyer represents that he or she has the
authority to act on behalf of and bind Buyer.
35.Claims.Any claim or cause of action with respect to a breach of the representations and
warranties set forth herein shall survive for a period of nine [9]months from the Closing Date,
at which time such representations and warranties [and any cause of action resulting from a
breach thereof not then in litigation,including indemnification claims]shall terminate.
Notwithstanding anything to the contrary in this Agreement:[a]Buyer shall not make a claim
against Seller for damages for breach or default of any representation or warranty,unless the
amount of such claim is reasonably anticipated to exceed $25,000;and [b]under no
circumstances shall Seller be liable to Buyer on account of any breach of any representation or
warranty in the aggregate in excess of the amount equal to $250,000,except in the event of
Seller's fraud or intentional misrepresentation with respect to any representation or warranty
regarding the environmental condition of the Property,in which case Buyer's damages shall be
unlimited.
36.Condemnation and Casualty.Seller bears all risk of loss until Closing,and thereafter Buyer
bears all risk of loss.Buyer may terminate this Agreement and obtain a refund of the earnest
money if improvements on the Property are materially damaged or if condemnation
proceedings are commenced against all or a portion of the Property before Closing,to be
exercised by notice to Seller within ten [10]days after Seller's notice to Buyer of the occurrence
of the damage or condemnation proceedings.Damage will be considered material if the cost of
repair exceeds the lesser of $100,000 or five percent [5%]of the Purchase Price.Alternatively,
Buyer may elect to proceed with closing.in which case,at Closing,Seller shall not be obligated
to repair any damage,and shall assign to Buyer all claims and right to proceeds under any
property insurance policy and shall credit to Buyer at Closing the amount of any deductible
provided for in the policy.
37.FIRPTA Tax Withholding at Closing.Closing Agent is instructed to prepare a certification [CBA
or NWMLS Form 22E,or equivalent]that Seller is not a “foreign person”within the meaning of
the Foreign Investment in Real Property Tax Act,and Seller shall sign it on or before Closing.If
Seller is a foreign person,and this transaction is not otherwise exempt from FIRPTA,Closing
Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
38.Notices.Unless otherwise specified,any notice required or permitted in,or related to,this
Agreement [including revocations of offers and counteroffers]must be in writing.Notices to
Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker
with a courtesy copy to any other party identified as a recipient of notices in Section 18.A
notice to Seller shall be deemed delivered only when received by Seller and Listing Broker,or
the licensed office of Listing Broker.Notices to Buyer must be signed by at least one Seller and
must be delivered to Buyer,with a copy to Selling Broker and with a courtesy copy to any other
party identified as a recipient of notices in Section 18.A notice to Buyer shall be deemed
delivered only when received by Buyer and Selling Broker,or the licensed office of Selling
Broker.Selling Broker and Listing Broker otherwise have no responsibility to advise parties of
receipt of a notice beyond either phoning the represented party or causing a copy of the notice
to be delivered to the party's address provided in this Agreement.Buyer and Seller shall keep
Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt
notificationofreceipt of a notice.If any party is not represented by a licensee.then notices
31¢5/14/2022
Buve Date__T Buyers Date 3
Seller E?a4:seller____T__m Date_________CBK
Page 297 of 338
Docusign Envelope ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926
ALLRIGHTSRESERVED
Purchase &Sale Agreement °””°"“"5""""""°‘°"‘“'°,;’;‘-;f§7',",,°,";
Page tolls
must be delivered to and shall be effective when received by that party at the address,fax
number,or email indicated in Section 18.Facsimile transmission of any notice or document
shall constitute delivery.E-mail transmission of any notice or document [or a direct link to such
notice or document]shall constitute delivery when:[i]the e-mail is sent to both Selling Broker
and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on
page two of this Agreement;or [ii]Selling Broker or Listing Broker provide written
acknowledgment of receipt of the e-mail [an automatic e-mail reply does not constitute
written acknowledgment].At the request of either party,or the Closing Agent,the parties will
confirm facsimile or e-mail transmitted signatures by signing an original document.
,
-Commercial &Investment Real Estate °°'“"‘°"""“'°"°"’*“°°““‘°“dL>SVN
RETTER5 COMPANY
39.Computation of Time.Unless otherwise specified in this Agreement.any period of time in this
Agreement shall mean Pacific Time and shall begin the day after the event starting the period
and shall expire at 5:00 p.m.of the last calendar day of the specified period of time,unless the
last day is a Saturday,Sunday or legal holiday as defined in RCW1.16.050,in which case the
specified period of time shall expire on the next day that is not a Saturday,Sunday or legal
holiday.Any specified period of five [5]days or less shall not include Saturdays,Sundays or
legal holidays.Notwithstanding the foregoing,references to specific dates or times or number
of hours shall mean those dates,times or number of hours;provided,however,that if the
Closing Date falls on a Saturday,Sunday,or legal holiday as defined in RCW 1.16.050,or a date
when the county recording office is closed,then the Closing Date shall be the next regular
business day.if the parties agree upon and attach a legal description after this Agreement is
signed by the offeree and delivered to the offeror,then for the purposes of computing time,
mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or
counteroffer to the offeror,rather than on the date the legal description is attached.
40.Assignment.Buyer's rights and obligations under this Agreement are not assignable without
the prior written consent of Seller,which shall not be withheld unreasonably;provided,
however,Buyer may assign this Agreement without the consent of Seller,but with notice to
Seller,to any entity under common control and ownership of Buyer,provided no such
assignment shall relieve Buyer of its obligations hereunder.If the words "and/or assigns"or
similar words are used to identify Buyer in Section 2,then this Agreement may be assigned
with notice to Seller but without need for Seller's consent.The party identified as the initial
Buyer shall remain responsible for those obligations of Buyer stated in this Agreement
notwithstanding any assignment and,if this Agreement provides for Seller to finance a portion
of the purchase price,then the party identified as the initial Buyer shall guarantee payment of
Seller financing.
41.Default and Attorneys’Fees.
a.Buyer's default.In the event Buyer fails,without legal excuse,to complete the purchase of
the Property,then the applicable provision as identified in Section 13 shall apply:
i.Forfeiture of Earnest Money.Seller may terminate this Agreement and keep that
portion of the earnest money that does not exceed five percent [5%]of the Purchase
Price as liquidated damages as the sole and exclusive remedy available to Seller for such
failure.
ii.Seller's Election of Remedies.Seller may,at its option,[a]terminate this Agreement
and keep that portion of the earnest money that does not exceed five percent [5%]of the
Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller
for such failure.[b]bring suit against Buyer for Seller's actual damages,[c]bring suit to
specifically enforce this Agreement and recover any incidental damages,or [cl]pursue any
other rights or remedies available at law or equity.
b.Seller's default.In the event Seller fails,without legal excuse.to complete the sale of the
Property,then the applicable provision as identified in Section 14 shall apply:
BM ‘V1,.5/14/2022
Date Buyer Date
5 2 2
Seller Date CB(Seller Date
Page 298 of 338
Docusign Envelope
¢._bsvN
42.
ID:65205335-FA3D-4A92-B2DE-ED71EEAOF926
commercial Brokers Association
ALLRIGHTSRESERVED
CBAForm PS-1A|Purchase 8-sale Agreement
Rev.7/2020
Page 11l15
i.Recover Earnest Money or Specific Enforcement.As Buyer's sole remedy,Buyer may
either [a]terminate this Agreement and recover all earnest money or fees paid by Buyer
whether or not the same are identified as refundable or applicable to the purchase price;
or [b]bring suit to specifically enforce this Agreement and recover incidental damages,
provided,however,Buyer must file suit within sixty [60]days from the Closing Date or
from the date Seller has provided notice to Buyer that Seller will not proceed with closing,
whichever is earlier.
ii.Buyer's Election of Remedies.Buyer may,at its option,[a]bring suit against Seller for
Buyer's actual damages,[b]bring suit to specifically enforce this Agreement and recover
any incidental damages,or [c]pursue any other rights or remedies available at law or
equity.
Commercial &Investment Real Estate
Purchase &Sale Agreement
RETTERG CGMPINY
c.Neither Buyer nor Seller may recover consequential damages such as lost profits.If Buyer
or Seller institutes suit against the other concerning this Agreement,the prevailing party is
entitled to reasonable attorneys‘fees and costs.In the event of trial.the amount of the
attorneys’fees shall be fixed by the court.The venue of any suit shall be the county in which
the Property is located,and this Agreement shall be governed by the laws of the State of
Washington without regard to its principles of conflicts of laws.
MiscellaneousProvisions.
a.Complete Agreement.This Agreement and any addenda and exhibits thereto state the
entire understanding of Buyer and Seller regarding the sale of the Property.There are no
verbal or other written agreements which modify or affect the Agreement,and no
modification of this Agreement shall be effective unless agreed in writing and signed by the
parties.
b.counterpart Signatures.This Agreement may be signed in counterpart,each signed
counterpart shall be deemed an original,and all counterparts together shall constitute one
and the same agreement.
c.Electronic Delivery and Signatures.Electronic delivery of documents [e.g.,transmission by
facsimile or email]including signed offers or counteroffers and notices shall be legally
sufficient to bind the party the same as delivery of an original.At the request of either party,
or the Closing Agent,the parties will replace electronically delivered offers or counteroffers
with original documents.The parties acknowledge that a signature in electronic form has the
same legal effect as a handwritten signature.
d.Section 1031 Like-Kind Exchange.If either Buyer or Seller intends for this transaction to be
a part of a Section 1031 like-kind exchange.then the other party agrees to cooperate in the
completion of the like-kind exchange so long as the cooperating party incurs no additional
liability in doing so,and so long as any expenses [including attorneys’fees and costs]incurred
by the cooperating party that are related only to the exchange are paid or reimbursed to the
cooperating party at or prior to Closing.Notwithstanding this provision,no party shall be
obligated to extend closing as part of its agreement to facilitate completion of a like-kind
exchanged.In addition,notwithstanding Section 40 above,any party completing a Section
1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity
set up for the purposes of completing a reverse exchange.
43.Information Transfer.In the event this Agreement is terminated,Buyer agrees to deliver to
I30
Buye xix’/
Seller
Seller within ten [10]days of Seller's written request copies of all materials received from Seller
and any non-privileged plans,studies,reports,inspections.appraisals,surveys.drawings,
permits,applications or other development work product relating to the Property in Buyer's
possession or control as of the date this Agreement is terminated.
5/14/2022
Date
5/16/2022
Date
Buyer Date (:31
Seller Date
Page 299 of 338
Docusign Envelope ID:652053B5-FA3D-4A92-B2DE-ED71EEAOF926
ALLRIGHTSRESERVED
Purchase &Sale Agreement °“”°'“‘""""'°""“"“°‘*5°‘°,;}3f°,7§,,°2",;
Page Izlls
.Commercial &Investment Real Estate °°'""‘"“°'°'°*°"““°“°"°"tlysvhi
RETTER5 COMPANY
44.Confidentiality.Until and unless closing has been consummated,Buyer and Seller shall
follow reasonable measures to prevent unnecessary disclosure of information obtained in
connection with the negotiation and performance of this Agreement.Neither party shall use or
knowingly permit the use of any such information in any manner detrimental to the other
party.
45.Agency Disclosure.Selling Firm,Selling Firm’s Designated Broker,Selling Broker’s Branch
Manager [if any]and Selling Broker’s Managing Broker [if any]represent the same party that
Selling Broker represents.Listing Firm,Listing Firm’s Designated Broker,Listing Broker's
Branch Manager [if any],and Listing Broker's Managing Broker [if any]represent the same
party that the Listing Broker represents.If Selling Broker and Listing Broker are different
persons affiliated with the same Firm,then both Buyer and Seller confirm their consent to the
Brokers’Designated Broker,Branch Manager [if anvl.and Managing Broker [if any]representing
both parties as a dual agent.If Selling Broker and Listing Broker are the same person
representing both parties.then both Buyer and Seller confirm their consent to that person and
his/her Designated Broker.Branch Manager [if any],and Managing Broker [if any]representing
both parties as dual agents.All parties acknowledge receipt of the pamphlet entitled “The Law
of Real Estate Agency."
46.Seller's Acceptance and Brokerage Agreement.Seller agrees to sell the Property on the
terms and conditions herein,and further agrees to pay a commission in a total amount
computed in accordance with the listing or commission agreement.If there is no written listing
or commission agreement,Seller agrees to pay a commission of __3_°/oof the sales price or
$_.The commission shall be apportioned between Listing Firm and Selling Firm as specified
in the listing or any co-brokerage agreement.If there is no listing or written co-brokerage
agreement,then Listing Firm shall pay to Selling Firm a commission of __°/o of the sales price
or $_.Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to
the commission.If the earnest money is retained as liquidated damages,any costs advanced
or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid
therefrom.and the balance shall be paid one-half to Seller and one-half to Listing Firm and
Selling Firm according to the listing agreement and any co-brokerage agreement.Seller and
Buyer hereby consent to Listing Firm and Selling Firm receiving compensation from more than
one party and irrevocably instruct the Closing Agent to disburse the commission[s]directly to
the Firm[s].In any action by Listing Firm or Selling Firm to enforce this Section,the prevailing
party is entitled to reasonable attorneys‘fees and expenses.Neither Listing Firm nor Selling
Firm are receiving compensation from more than one party to this transaction unless disclosed
on an attached addendum,in which case Buyer and Seller consent to such compensation.The
Property described in attached Exhibit A is commercial real estate.Notwithstanding Section 44
above,the pages containing this Section.the parties’signatures and an attachment describing
the Property may be recorded.
47.Listing Broker and Selling Broker Disclosure.EXCEPTAS OTHERWISE DISCLOSED IN WRITING
TO BUYER OR SELLER,THE SELLING BROKER.LISTINGBROKER,AND FIRMS HAVE NOT MADE
ANYREPRESENTATIONSOR WARRANTIESOR CONDUCTEDANYINDEPENDENTINVESTIGATION
CONCERNINGTHE LEGALEFFECT OF THIS AGREEMENT.BUYER'SOR SELLER'S FINANCIAL
STRENGTH.BOOKS,RECORDS,REPORTS,STUDIES,OR OPERATING STATEMENTS;THE
CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS;THE FITNESS OF THE PROPERTY FOR
BUYER'S INTENDEDUSE;OR OTHER MATTERS RELATINGTO THE PROPERTY,INCLUDING
WITHOUT LIMITATION,THE PROPERTY'S ZONING,BOUNDARIES,AREA,COMPLIANCEWITH
APPLICABLE LAWS [INCLUDINGLAWS REGARDINGACCESSIBILITYFOR DISABLED PERSONS],
OR HAZARDOUSOR TOXICMATERIALSINCLUDINGMOLDOR OTHER ALLERGENS.SELLERAND
BUYER ARE EACH ADVISED TO ENGAGE QUALIFIEDEXPERTS TO ASSIST WITHTHESE DUE
DILIGENCEAND FEASIBILITYMATTERS,AND ARE FURTHER ADVISED TO SEEK INDEPENDENT
LEGALAND TAX ADVICE RELATEDTO THIS AGREEMENT.
\/~42,5/14/2022
Buve Date BUVHT Dates
Seller 3341;Sellerg Date___T CB(
Page 300 of 338
Docusign Envelope ID:652053B5—FA3D-4A92-B2DE-ED71EEAOF926
Commercial &Investment Real Estate °°"‘""",{°f;7;‘§?s1,?;;§‘;,?;‘g3
Purchase &Sale Agreement °3“‘°"“"“""""'°“°‘°“5"°,§‘e'-1'j°,°,'z'§2",;
Page 13l15
IN WITNESS WHEREOF,the parties have signed this Agreement intending to be bound.
Buyer City of Pasco Seller Stahl Huttirian Brethren
Pm:NameondTvpeofEntnyDocugnedby:Dww?iwwwdhmBuverSe||er 4‘c
8F29 C...
5/16/2022 5 14 2022
Date Date //
Buyer Seller
Prlrl-ln¢Nm'mandTvpeu(Enlny Prlmoduunwandlypoof?n?ty
Buyer Seller
Sigrmuto and ?ue Signature and mu
Date Date
Buye Da5te/14/2022
Buyer__T_____Date :_:___
Seller gal/e16L022
Seller Date
CB(
Page 301 of 338
Docusign Envelope ID:65205335-FA3D-4A92-BZDE-ED71EEAOF926
III Commercial &Investment Real Estate ‘”"‘""“_§:'L“,;$;;§‘;;;;L:,‘,'gg
Purchase &Sale Agreement °““‘°'"'"5"""""'”‘*‘*'“,:;—:'f,°,;';;;;
'
PI.1geI4|l5
EXHIBITA *
[Legal Description]
Purchase is for 30‘wide parcel along the full west property line of:WLY185‘OF PTN OF
SZSE4 27-9-30 LYSWLY OF ST HWY &ELY OF E 'A'ST EXC PTN TOUSA [120542]
As shown below.
v 1,271.32
'To ensure accuracy in the legal description,consider substituting the legal description contained in the preliminary
commitment for title insurance or a copy of the Property's last vesting deed for this page.Do not neglect to label the
substitution “Exhibit A."You should avoid transcribing the legal description because any error in transcription may
render the legal description inaccurate and this Agreement unenforceable.
Buyef§¢5/14/2022
Date Buyer DateSe||er Dsaé]-6/2022 Seller Date CB(
Page 302 of 338
Docusign Envelope ID:65205385-FA3D-4A92-B2DE-ED71EEAOF926
II‘.Commercial &Investment Real Estate °°Tm=~;~*gL
°,;:;;;s;;;gg*;;*gg
-base 8.Salk-/‘_/WWW“Purchase &Sale Agreement °°“‘°"“"‘"‘"""°,;§_,?;,f",‘;g‘,,°;;§
Page ISIIS
EXHIBITB
[Additional Terms]
—|
Offer acceptance is subject to final approval of all terms by Pasco City Council.
2.Buyer to create new parcel and complete short platting.Seller agrees to assist and sign off on
all required applications to complete.
3.Closing date to be within 15 days of completion of creating new parcel.
Buye Die/14/2 0 2 2
Buyer Date
Seller 33416202 2
Seller Date
CB(
Page 303 of 338
AGENDA REPORT
FOR: City Council November 10, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Adam Lincoln, City Manager
Executive
SUBJECT: *Ordinances Nos. 4623 & 4624 - Administrative/Professional and
Management Wage and Salary Plans
I. REFERENCE(S):
Proposed Ordinance - Administrative/Professional, Exempt & Non-Exempt
Proposed Ordinance - Management
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4623, providing for certain adjustments
in Nonthe Exempt Administrative/Professional, and -plan wage Exempt
beginning January 8, 2023 (1st full pay period of 2023) and, further, authorize
publication by summary only.
MOTION: 4624, certain for providing No. to adopt move I Ordinance
adjustments in the Management salary plan beginning January 8, 2023 (1st full
pay period of 2023) and, further, authorize publication by summary only.
III. FISCAL IMPACT:
Estimated cost of $845,316 for 2023 and is accommodated in the proposed
budget.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) utilizes “comparable” cities when negotiating union
contracts for police and fire employees. To maintain competitiveness, lessen
wage compression and maintain rough parity throughout the organization,
similar and salary the evaluating comparable used are cities total in
compensation plans of other City work groups (public works/facilities,
administrative/professional and management positions).
Page 304 of 338
The current list of comparable agencies reflect cities outside the Puget Sound
area, within approximately 50% of Pasco’s population and within approximately
20% of the City's general tax base measurement (annual property tax, sales tax
and utility tax revenues). As the City grows in population, complexity and
economic output, the list of comparable cities evolve; some long -time comps
have grown with Pasco, Pasco has caught up to cities that were not previously
comparable, and others that once were are no longer comparable.
Organized bargaining units (police, fire and public works/facilities) negotiate
specific Cost Of Living Allowance (COLA) and market adjustments in bargaining
contracts every two to three years. The City's administrative / professional and
management employees do not operate under a collective bargaining
agreement and instead adjustments to compensation are accomplished through
Council action in the form of an ordinance, typically following the budget process.
A COLA serves to maintain spending power in the face of inflation, while a
market adjustment is used to calibrate classifications that require movement up
or down the salary schedule for purposes of internal and external equity. There
are other aspects of compensation beyond salary, such as health benefits,
vacation accrual, work schedules, deferred compensation, etc. that impact
workforce retention and the recruitment quality candidates.
Any employer, public or private, failing to consider market condit ions or
inflationary impacts on salaries, over time, will see their competitiveness as an
employer erode, which in turn impacts their ability to recruit quality candidates
and retain quality staff. Further, such inaction can cause wage compression,
result in an imbalance between positions requiring similar skills and having
comparable responsibilities and have a detrimental impact on morale and
productivity. All of which leads to an unstable workforce as people leave for
better conditions, which adversely impacts an employer's ability to provide
services.
V. DISCUSSION:
For the reasons outlined above it is recommended that when economic
conditions permit, COLA and market adjustments be made to assure the
competitiveness of the administrative/professional and management salary
scales. In this regard, Council has made incremental progress over the past few
years, and this proposal essentially furthers a multi-year process of bringing all
administrative/professional and management classifications into internal parity
with one another and remain roughly competitive with our p eer agencies.
The City utilizes the All Urban Consumers (CPI-U) West – Size Class B/C
Consumer Price Index (CPI) as it more accurately approximates local economic
conditions than do CPI indexes linked to major metropolitan areas such as
Page 305 of 338
Seattle or Portland. Using this index, the reported annual rate of inflation for
October 2021 to October 2022 is 8.28%.
Proposed Administrative/Professional, Exempt and Non-Exempt, Salary
Scale(s) – A COLA of 5.0% and an additional 1.0% City contribution to the City
of Pasco 457 Deferred Compensation Plan is recommended.
An employer contribution to a 457 Deferred Compensation Plan is common as
an many in plans compensation total benefit in included employee the
municipalities. The lack of a deferred compensation contribution has affected the
City's marketable, ability to be competitive and attract and retain a highly
competent and stable workforce. During Exit Interviews with Human Resources
staff, some employees have expressed a factor in their leaving employment with
the City of Pasco and excepting employment with other government employers,
was due to a lower 457 contribution.
The introduction of this benefit was first authorized by Council for calendar year
2021 at a level of 1% as part of a muti-year plan to bring the benefit up to market
standard and more on par with organizational parity. Council subsequently
authorized a second 1% increase in the deferred compensation benefit to non -
represented employee groups in 2022. In furtherance of this effort, the City
Manager is recommending an additional 1% City contribution into the 457
Deferred Compensation Plan for 2023, increasing the total benefit to 3%.
Management will evaluate the competitiveness of this benefit at the 3% level
during 2023 and report back to Council.
The Council will note the Administrative / Professional scale is broken out into
two schedules; FLSA exempt and non-exempt, the grade salary ranges are the
same.
Similar to the Administrative / Professional group, a COLA of 5% and an
additional 1.0% City contribution to the City of Pasco 457 Deferred
Compensation Plan is proposed for the management employee group. The
COLA is the only automatic salary adjustment any management employee will
receive. The maximum salary of each band was adjusted for the purpose o f
remaining competitive to recruit, hire and retain highly competent, experienced
and knowledgeable managers. These market related adjustments are proposed
only to for the purposes of competitiveness and not the individual salary of the
incumbent(s), which is an entirely separate process related to documented
performance.
The cumulative cost of the recommended increase (5.0% COLA and 1.0%
deferred compensation contribution) for the non -management and management
groups wage scale is estimated to be on the order of $ 845,316 for 2023. A
market-based comparison was not included in this year's compensation
adjustment.
Page 306 of 338
Staff recommends adoption of the non-represented wages and management
salary plans as presented.
Page 307 of 338
Ordinance Admin/Professional & Non-Mngt Wages 2023 - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
CONCERNING WAGES FOR CERTAIN ADMINISTRATIVE/
PROFESSIONAL, NON-MANAGEMENT PERSONNEL FOR CALENDAR
YEAR 2023.
WHEREAS, after due consideration of the cost-of-living index and wage rates paid by
comparable cities, and the history of wage adjustments for the City’s bargaining units, the City
Manager has recommended a 5.0% cost of living adjustment and an additional 1.0% City-paid
deferred compensation contribution in the administrative/professional, non-management wage
plan; and
WHEREAS, the City Council finds that the proposed cost of living adjustment is
appropriate in consideration of the Department of Labor’s Consumer Price Index and
comparability within the City and with other jurisdictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The wage scale for those administrative and professional, non-management
positions is specified in Exhibit A attached hereto, which is incorporated by reference as if fully
set forth herein. The City Manager shall designate the appropriate salary in Exhibit A for each
employee covered by this Ordinance, considering the employee’s time in the position, the current
hourly wage, and the evaluation of the employee’s performance.
Section 2. The step increases set forth in Exhibit A are dependent upon a satisfactory
performance evaluation.
Section 3. The wage scale set forth in Exhibit A shall be effective January 8, 2023 (1st
full pay period of 2023) and remain in effect until this Ordinance is amended or superseded by a
subsequent Ordinance.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
Section 5. This Ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
Page 308 of 338
Ordinance Admin/Professional & Non-Mngt Wages 2023 - 2
PASSED by the City Council of the City of Pasco, Washington this _____ day of
____________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
Page 309 of 338
ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented/Non‐Exempt) ‐ 2023
Effective 01.08.2023 ‐ 5% COLA
Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Department Assistant I 20 20.37 21.00 21.65 22.31 23.00 23.72 24.45
Administrative Assistant I
Cemetery Customer Service Rep.26 22.94 23.65 24.38 25.13 25.91 26.71 27.53
Probation Services Clerk 27 23.39 24.12 24.86 25.63 26.43 27.24 28.08
Department Assistant II
Deputy Court Clerk 28 23.86 24.60 25.36 26.14 26.95 27.79 28.65
Accounting Assistant
Engineering Technician I
Permit Coordinator
Lead Court Clerk
33 26.34 27.16 28.00 28.87 29.76 30.68 31.63
Administrative Assistant II 37 28.52 29.40 30.31 31.25 32.21 33.21 34.23
Court Services Specialist
Registered Nurse 39 29.67 30.59 31.53 32.51 33.51 34.55 35.62
Engineering Technician II
Pre-treatment Technician
Code Enforcement Officer
40 30.26 31.20 32.16 33.16 34.18 35.24 36.33
Court Probation Officer
Payroll Specialist
Deputy City Clerk
Planner I
Recreation Specialist
41 30.87 31.82 32.81 33.82 34.87 35.95 37.06
HR Specialist
Lead Recreation Specialist
Executive Administrative Assistant
42 31.48 32.46 33.46 34.50 35.56 36.66 37.80
Procurement Specialist
Project Support Specialist
Lead Code Enforcement Offcer
Community Resource Specialist
Planner II
43 32.11 33.11 34.13 35.19 36.28 37.40 38.55
Building Inspector
Construction Inspector
IS Specialist (PC, Network, Database & GIS)
45 33.41 34.45 35.51 36.61 37.74 38.91 40.11
Safety and Training Coordinator 47 34.76 35.84 36.94 38.09 39.27 40.48 41.73
Associate Planner
Engineering Technician III
Plans Examiner
HR Generalist
49 36.17 37.28 38.44 39.63 40.85 42.12 43.42
Environmental Compliance Coordinator 53 39.15 40.36 41.61 42.89 44.22 45.59 47.00
Instrumentation Technician
Engineer I
Public Works Project Coordinator
CIP Inspection Coordinator
54 39.93 41.17 42.44 43.75 45.10 46.50 47.94
Page 310 of 338
ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented/Exempt) ‐ 2023
Effective 01.08.2023 ‐ 5% COLA
Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Staff Accountant 49 36.17 37.28 38.44 39.63 40.85 42.12 43.42
Utility Billing Lead 52 38.38 39.57 40.79 42.05 43.35 44.69 46.07
Block Grant Administrator 53 39.15 40.36 41.61 42.89 44.22 45.59 47.00
Communications Program Manager
Senior Human Resources Generalist
Executive Assistant - City Manager
54 39.93 41.17 42.44 43.75 45.10 46.50 47.94
Senior Planner
Long Range Plan Coordinator 56 41.54 42.83 44.15 45.52 46.93 48.38 49.87
Lead Accountant I 59 44.09 45.45 46.86 48.30 49.80 51.34 52.93
Engineer II
IS Administrator (Database, GIS, Network &
System)
CIP Project Manager
61 45.87 47.29 48.75 50.26 51.81 53.41 55.06
Lead Accountant II 63 47.72 49.20 50.72 52.29 53.90 55.57 57.29
Senior Engineer 65 49.65 51.18 52.77 54.40 56.08 57.82 59.60
Page 311 of 338
Ordinance – Management Wages 2023 - 1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
CONCERNING THE SALARIES FOR MANAGEMENT POSITIONS FOR THE
CALENDAR YEAR 2023.
WHEREAS, after due consideration of the cost-of-living index and wage rates paid by
comparable cities, and the history of wage adjustments for the City’s bargaining units, the City
Manager has recommended a 5.0% cost of living adjustment and an additional 1% City-paid
deferred compensation contribution for the calendar year 2023, in the management wage plan; and
WHEREAS, the City Council finds that the proposed cost of living adjustment is
appropriate in consideration of the Department of Labor’s Consumer Price Index and
comparability within the City and with other jurisdictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The maximum monthly salaries for management positions shall be as set forth
in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The
schedule of maximum salaries set forth in Exhibit A shall be effective January 8, 2023 (1st full
pay period of 2023) and shall remain effective until this Ordinance is amended or superseded by
subsequent Ordinance. The actual salary to be received by an employee occupying a management
position shall be determined by the City Manager in an amount no greater than the maximum for
the position except as authorized herein.
Section 2. A merit increase may be granted to a city employee (with the exception of the
City Manager) employed in one of the management level positions set forth in Exhibit A at the
sole discretion of the City Manager and within the following guidelines; provided; however, the
total of all merit increases herein authorized for the year 2023 does not exceed $75,000.
(a) Any merit increase shall be based solely upon job performance demonstrating effort
and achievement above and beyond what is regularly expected and defined in the
employee management level job description and to management employee who
surpasses annual identified objectives assigned at the beginning of the 2022, who
also identifies and completes unanticipated significant tasks, demonstrates and
implements recurring productivity improvements, and cost savings.
(b) Any merit increase awarded shall be for a temporary period of time to be
determined by the City Manager, provided any such merit increase shall expire
not later than December 31, 2023.
Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit A may
be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work
Page 312 of 338
Ordinance – Management Wages 2023 - 2
year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly
basis; however, all positions listed on Exhibit A shall remain salaried positions.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
Section 5. This Ordinance shall take effect five (5) days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this _____ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
Page 313 of 338
Position Monthly Maximum Salary
City Manager CONTRACT
Deputy City Manager 15,750
DIRECTOR BAND 14,700.00
Police Chief
Fire Chief
Public Works Director
Finance Director
C&ED Director
A&CS Director
Human Resources Director
MANAGEMENT BAND 4 13,387.50
Deputy Fire Chief
Deputy Police Chief
City Engineer
Deputy Public Works Director
MANAGEMENT BAND 3 12,337.50
Information Services Manager
Police Captain
Finance Manager
Economic Development Manager
MANAGEMENT BAND 2 10,762.50
Facilities Manager
Planning Manager
Inspection Services Manager
Public Work Division Manager
Construction Manager
Court Administrator
Police Records Manager
Police Lieutenant
MANAGEMENT BAND 1 9,450.00
Animal Services Manager
Finance Project Manager
Assistant Division Manager
Recreation Services Manager
Senior Management Analyst
City Clerk
Management Salary Schedule - 2023
5% COLA
Page 314 of 338
AGENDA REPORT
FOR: City Council November 8, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: Resolution No 4279 - Bid Award for the Well Capacity Upgrades
I. REFERENCE(S):
Resolution
Recommendation of Award (If Available)
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4279, awarding Bid No. 21222 for
the Well Capacity Upgrades project to Carpenter Drilling LLC of Benton City,
WA, Washington, and further, authorize the Interim City Manager to execute the
contract documents and allowing all necessary budget adjustments.
III. FISCAL IMPACT:
Construction Contract: $ 517,629.40
2021-2022 adopted budget for this project: $470,000.00 (Irrigation Fund)
Proposed 2023-2024 budget for this project: $940,000.00 (Irrigation Fund)
IV. HISTORY AND FACTS BRIEF:
The City’s Irrigation System Master Plan (2016) was supplemented with a
Capacity Analysis performed in 2018 to evaluate the existing system’s ability to
expand beyond current service area limits. The analysis identified an existing
deficiency in source capacity, resulting in periodic low pressure experienced
within the current service area limits during high demand. Recommendations to
address this supply deficiency includes the implementation of upgrades at
existing Wells (this project) and improvements at the existing intake facility (a
separate project).
Page 315 of 338
During 2022, the City’s consultant (GSI Water Solutions, Inc. (GSI)) evaluated
options for increasing the capacity and improving the reliability of the City’s
existing irrigation wells for its non-potable water system to meet current and
projected demands more reliably. Wells with proposed improvements were
prioritized. A first phase of implementation includes rehabilitation of three wells:
NW Commons, Village at Pasco Heights, and I-182 wells.
Design, permitting, and final cost estimates for this project were completed in
October 2022. The work is anticipated to be completed in the off season 2022 -
2023. A second phase of improvements is anticipated to be designed in 2023
and implemented the following winter.
V
.
DISCUSSION:
The subject project was advertised for bids on October 14, 2022, and October 21,
2022. A non-mandatory pre-bid walkthrough was scheduled on October 25, 2022.
On November 3, 2022, bids were publicly opened. A total of four (4) bids were
received. The Engineer of Record, GSI, and City staff completed the review of the
bid submittal and found no exemptions or irregularities.
The bid documents identified a base bid (Schedule A), and 4 additive schedules
(Sch. B, C and D). Basis of award was Base Bid (schedule A) only. The lowest
responsible, responsive bidder is Carpenter Drilling LLC of Benton City, WA in the
amount of $348,329.15 (sch. A). The Engineer's Estimate is $345,883.00 (sch. A).
Compan
y
Schedule
A
Schedule
B
Schedule
C
Schedule
D Total
Engineer'
s
Estimate
$345,883.0
0 $69,106.00 $49,241.00 $78,264.00 $542,495.0
0
Carpente
r Drilling
LLC
$348,329.1
5 $66,415.70 $53,154.30 $49,730.25 $517,629.4
0
Empire
Well
Drilling
LLC
$377,841.2
0 $94,840.75 $90,764.50 $120,657.0
0
$684,103.4
5
Holt
Services
Inc
$476,083.1
7
$121,592.9
1
$106,717.3
1 $90,166.65 $794,560.0
4
Schneide
r Water
Services
$359,633.9
5 $56,850.10 $57,665.35 $64,133.00 $538,282.4
0
Page 316 of 338
Based on available budget, staff recommends award of the contract including base
bid and all three additives (B, C, and D) to Carpenter Drilling LLC of Benton City,
WA for a total of $517,629.40.
Page 317 of 338
Resolution – Bid Award for the WPWTP Improvements, Phase 2 project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 21222 FOR THE WELL CAPACITY
UPGRADES PROJECT TO CARPENTER DRILLING LLC OF BENTON CITY,
WASHINGTON; AND FURTHER, AUTHORIZE THE INTERIM CITY
MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND
ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS.
WHEREAS, the City of Pasco identified the Well Capacity Upgrades Project in the
approved Capital Improvement Plan; and
WHEREAS, this project involves the rehabilitation of the three (3) most beneficial wells
which is based on the assessment of the of the City’s well capacities to increase the City’s Irrigation
supply; and
WHEREAS, the City solicited sealed public bids for this project, identified as the Well
Capacity Upgrades Project; and
WHEREAS, on November 3, 2022, at 2:00 p.m., four (4) bids were received and opened
by the City; and
WHEREAS, the bids included four (4) separate schedules (A, B, C, D), with
determination of award is based on Schedule A; and
WHEREAS, the lowest responsive bidder was Carpenter Drilling LLC with a bid
Schedule A of $348,329.15, the Engineer’s Estimate was $345,883.00; and
WHEREAS, the total project budget allows for award of all schedules, Carpenter
Drilling LLC Total was $517,629.40, the Engineer’s Estimate was $542,495; and
WHEREAS, the bid documentation was reviewed, and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards all schedules for the Well Capacity Upgrades Project to
Carpenter Drilling LLC of Benton City, Washington in the amount of $517,629.40, including
Washington State Sales Tax; and
Page 318 of 338
Resolution – Bid Award for the WPWTP Improvements, Phase 2 project - 2
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco, Washington this ___ day of November,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 319 of 338
NW Commons:Village at Pasco Heights:I-182:Vicinity Map:Page 320 of 338
AGENDA REPORT
FOR: City Council November 16, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 11/21/22
FROM: Eric Ferguson, City Attorney
Executive
SUBJECT: Update - Amending Council Voting Districts, Based on Redistricting Plan
I. REFERENCE(S):
2017 Council Voting District Map
2022 Proposed Council Districts with Voting Precincts
Demographer’s Memo Transmitting Recommended City Council Redistricting
Plan
Memo Del Demográfo Transmitiendo El Plan De Rezonificación Recomendado
Por El Concejo Municipal
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
None
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
There is considerable history here, in short, circumstances were such because
of then-existing State law the City and ACLU were required to utilize the federal
court system to for the City of Pasco to come into compliance with the Federal
Voter Rights Act (VRA). On May 8, 2017, Council approved the most recent
revisions to the City of Pasco's City Council Voting Districts which were
subsequently approved and ordered by Judge Suko of the U.S. District Court,
Eastern District of Washington through a consent decree. Of note, under the
federal and state VRAs the U.S. Decennial Census is the standard by which
electoral districts shall be drawn, meaning that the districts established in 2017
under Judge Suko's order, were necessarily based on the 2010 census.
Page 321 of 338
As adopted, the City's districting plan provides for one (1) at -large, and six
distinct (6) City Council Districts, which now require adjustment based on the
results of the 2020 U.S. Census, specifically to account for population growth
and where that growth occurred, as well as changes in demographics and city
limit (corporate) boundaries over the previous decade.
Delayed by the impacts of a world-wide pandemic, the 2020 U.S. Decennial
Census was completed in August of 2021, rather than April, and the subsequent
release to Washington State Office of Financial Management who in turn
provided information to the States, Counties and Municipalities further delayed.
Completion of the U.S. Census and release of the information triggers the need
and opportunity for the City to review its City Council Districts to assure
compliance with the federal, and recently adopted state, Voter Rights Acts. The
2020 Census data was made available by the U.S. government in the fall of
2021, since that time, and per Council d irection, staff has been working with
specialized legal and demographic professionals to review and update City
Council District boundaries to account for changes in; city boundaries, total
population, voter population, and other pertinent demographic fact ors that have
occurred between April 1, 2010, and April 1, 2020.
As noted previously, the City Council districts were necessarily established
based on the 2010 census, the changes in population, corporate limits,
demographics in a rapidly growing community like Pasco, which occurred within
the decade between 2010 and 2020 have been significant. Considering
aforementioned changes, it is then reasonable to expect that the changes to the
six (6) districts, in terms of population and boundaries, will be proportionately
significant.
In preparing for the redistricting effort, it is helpful to keep in mind that the six (6)
City Council Districts require adjustments based on the results of the 2020 U.S.
Census, and the city limits map in effect at that time. Essentially, the City Council
District map that the Council will be adopting as part of the redistricting effort, will
reflect how the six Council districts best fit into the April 1, 2020 map for the
population, changes in corporate limits, and other statutorily relevant factors of
the City at that time, as determined by the 2020 U.S. Census and the two Acts.
As Council is aware, there have been annexations to the City subsequent to April
1, 2020. Annexation ordinances relating to each annexation subsequ ent to April
2020 should have identified the City Council district to which the newly annexed
property was assigned, these individual ordinances will in effect modify the yet
to be adopted April 1, 2020 district map. To the extent any of the annexation
ordinances fail to reflect a City Council district, or are no longer aligned with the
correct district under the adopted April 1, 2020 district map, those annexation
areas will be redesignated to align with a contiguous district by subsequent
ordinance. Fortunately, most of the area annexed since April 2021 is sparsely
populated.
Page 322 of 338
In February 2021, the City hired the services of Floyd, Pflueger & Ringer, P.S.,
as well as Dr. Peter Morrison who developed the current Council Voting Districts
in 2017 and assisted the City in updating Redistricting Plan.
Staff briefed Council on the progress and development of the Redistricting Plan
as information was received from the consultants and believes the draft plan
meets the criteria required per RCW 29A.76.010(4) and the federal VRA:
• Each internal director, council, or commissioner district shall be as nearly
equal in population as possible to each and every other such district
comprising the municipal corporation, county, or special purpose district.
• Each district shall be as compact as possible.
• Each district shall consist of geographically contiguous area.
• Population data may not be used for purposes of favoring or disfavoring
any racial group or political party.
To the extent feasible and if not inconsistent with the basic enabling legislation
for the municipal corporation, county, or district, the district boundaries shall
coincide with existing recognized natural boundaries and shall, to the extent
possible, preserve existing communities of related and mutual interest.
Council held two public comment sessions on Wednesday, November 2nd and
Monday, November 7th.
V. DISCUSSION:
After the public comment session on November 7th, City staff, along with the
consultants, proceeded to draft an ordinance for adoption that would reflect the
map contained in the Draft Redistricting Plan. During that process and the quality
assurance process by the City's consultants, it was discovered that there
appears to be a discrepancy between the census block geography data that was
altered by the U.S. Census Bureau in 2020, and the data received from other
sources both internally and from Franklin County. In short, this technical anomaly
has altered the map presented as the Draft Redistricting Plan as required by
RCW 29A.76.010. As such, Council cannot proceed with adoption of an
ordinance that complies with RCW 29A.76.010. The City's consultants are
working with staff to correct the anomalies, and staff has also met with the
Franklin County Auditor’s Office to discuss the role of voting precincts as
designated by the County. Unfortunately, the verification process and
subsequent redrafting process has taken longer than anticipated but should be
complete prior to the November 28, 2022, Council Special Meeting and regular
Workshop, allowing a full week for additional written public comments as
required by RCW 29A.76.010 prior to potential final adoption on December 5,
2022.
Page 323 of 338
Page 324 of 338
City of Pasco Council DistrictsMay 2017Council Voting Districts:District 1District 2District 3District 4District 5District 6Page 325 of 338
Council
District 1
Council
District 4
Council
District 6
Council
District 3
Council
District 2
Council
District 5
001
003
004
005
006
007
008
009010
011
012
014
016
018
019
021
022
023
026
027
028
029
030
031
032
033
034
035
036
037
038
039
040
041
042
043
044
046
047
048
049
050
051
052
053
054
055
056
057
058
059
060
062
063
065
066
067
102
020
045
105
107
106
013
002
113.01
113.02
015 114
17.01
17.02
024
025
115
116
W Cour
t
S
t E FosterWells Rd
Harris Rd
Us 395 NUs 395 NN 4Th AveRoad 60Harris RdE Ains
w
o
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E A StN Ra
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roadAve
W A St Heritage BlvdS 20Th AveN 4Th
AveS 10Th AveRoad 44W Ains
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h
AveN 28ThAveW Lewis StRoad 36N 20Th AveBurden Blvd
W Court StRoad 100N 4Th AveS Oregon AveN 1S
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AveN O
regon
AveN 10ThAveUs 395 SE Lewis StBroadmoor BlvdW Sylvester St
W Clark St
S MaitlandAveS 4Th AveRoad 68W Arge
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R
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I-182 E
Sandifur Pkwy
W Argent Rd
Us
1
2
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W
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W
INFORMATION SERVICES DEPT
GIS DIVISION
0 1,000 2,000 3,000 4,000500
Feet
1 of 1NTS
10/27/2022 rka
2022 PROPOSED COUNCIL DISTRICTS
WITH VOTING PRECINCTS
District 6
District 5
District 4
District 3
District 2
District 1
2022 Proposed Council Districts
Voting Precincts
2022 PROPOSED COUNCIL DISTRICTS
WITH VOTING PRECINCTSPage 326 of 338
DEMOGRAPHER’S MEMO TRANSMITTING RECOMMENDED
CITY COUNCIL REDISTRICTING PLAN
City of Pasco, Washington
Peter A. Morrison, Ph.D.
Peter A. Morrison & Associates, Inc.
**DRAFT – Pending Formal Adoption by City Council**
OCTOBER 27, 2022
This memorandum documents relevant technical features of the Recommended City Council Redistricting
Plan (“the Redistricting Plan”) for the City of Pasco, Washington(“City”). These features are the basis for
my recommendation to adopt the Redistricting Plan as a “least change” six-district election plan, based upon
newly issued 2020 decennial Census data and in accordance with Washington State and federal standards.
Relevant considerations that guided this necessary rebalancing and Council Members’ further suggested
refinements to bring the City’s current plan into compliance with applicable legal standards are summarized
below. This Redistricting Plan rebalances each district’s total population, strengthening Hispanics’ share of
eligible voters in District 2, and maintains adherence to traditional districting criteria. Additionally, the
Redistricting Plan avoids any dilution of Hispanics’ voting strength in compliance with state and federal
requirements.
1. Right to representation. The Redistricting Plan realizes the intention of the City’s elected officials to adopt
a plan that assures the rights to representation of all the people in the City of Pasco.
2. Equipopulous Districts. Six of the City’s Seven Council Members are elected by district. As required by
law, these six districts are substantially equal in total population based upon 2020 Census (PL94-171) summary
population counts. “Substantially equal” means that each district is as close as practically possible to the
mathematical ideal of 12,851 persons in a district(i.e., one-sixth of the City’s 77,108 total population as counted
in 2020).
However, districts need not be exactly equal in total population to be compliant with state and federal law.
Courts allow districting plans with up to a 10-percent total deviation from this ideal. Total Deviation from Ideal
(“TDI”) is measured as the absolute difference between the most populous district and the least populous
district, divided by the ideal number (12,851). Table 1 below documents adherence to these “guard rails” and
compliance of the Redistricting Plan with the TDI.
Page 327 of 338
2
Table 1. Districts Equalized on Total Population as of 2020
In the Redistricting Plan, the most-populous district (District5) has a population of 13,413 residents, which is
4.37-percent too many. The least-populous district ( District 6) has 12,421 residents, which is 3.35-percent too
few. To calculate the Redistricting Plan’s TDI, the extreme deviations of District 5 and District 6 are combined
(4.37 plus 3.35), which total 7.72-percent. Relative to the maximum acceptable TDI (10 percent), the
Redistricting Plan’s 7.72-percent TDI is well-within the acceptable range of “substantial equality” as required
by law.
3. Respecting existing administrative boundaries. Insofar as possible, the Redistricting Plan respects the
current boundaries of city election precincts, to avoid the expense of modifying precincts presently in use.
4. Compliance with State and Federal Redistricting Requirements and Guidelines. RCW 29A.76.010
requires the City to prepare a redistricting plan based upon federal decennial census data. The Redistricting Plan
must also be consistent with the following criteria: (1) each district must be nearly equal in population, (2) as
compact as possible, and (3) consist of a geographically contiguous area; (4) the census population data may
not be used for “purposes of favoring or disfavoring any racial group or political party”1; and (5) as far as
feasible the districts should follow and coincide with natural boundaries and “preserve existing communities of
related and mutual interest.” RCW 29A.76.010. The Redistricting Plan is consistent with all of these criteria as
each new district under the Plan is nearly equal in population, as compact as possible, consists of a
geographically contiguous area, the population data used to form the new districts does not favor one race or
political party, and in forming the Plan all efforts were made to maintain communities of interest while
complying with other criteria and legal requirements and considerations.
Section 2 of the Federal Voting Rights Act prohibits vote dilution, defined as any electoral practice or procedure
that minimizes or cancels out the voting strength of members of racial or language minority groups in the voting
1 This provision does not alleviate the City’s obligations and requirements to comply with Washington’s Voting Rights Act, RCW
29A.92.020, which prohibits any election plan that “impairs the ability of members of a protected class or classes to have an equal
opportunity to elect candidates of their choice as a result of the dilution or abridgement of the rights of voters who are members of a
protected class or classes.”
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3
population.2 See pp. 6-10 at: https://www.justice.gov/opa/press-release/file/1429486/download for an
overview of these prohibitions.
The Redistricting Plan complies with both the Washington State and Federal redistricting guidelines. Consistent
with them, the Redistricting Plan respects Hispanics’ ability to elect candidates of choice in three of the City’s six districts. In District 1 and District 6, Hispanics constitute an estimated 58.6-percent of the 2021 citizen voting-age population (CVAP). In District 2, Hispanics constitute an estimated 51.6-percent of the 2021 CVAP. The 2021 percentage will increase further with each passing year as native-born Hispanics under
age 18 reach voting age.3
Relevant demographic parameters for the Recommended Plan are shown in Table 2, along with the
corresponding data.
Table 2. Estimated Hispanic Share of Eligible Voters
(derived from 2021 American Community Survey estimates)
RECOMMENDED PLAN:
2 This is consistent with Washington’s Voting Rights Act, RCW 29A.92.020.
3 I rely upon the most current official data for distinguishing the City’s voting-age citizen population, in order to gauge Hispanics’
share of all eligible voters. The Census Bureau’s 2021 one-year American Community Survey estimates (furnished for this purpose)
document Hispanic voters’ emerging electoral influence for the City as a whole.
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4
Figures 1 & 2. Maps of Recommended Plan
(referencing census block geography)
The precise boundaries of each recommended new district visualized above are defined by GIS electronic shape
files, which define the district with reference to census block geography. These shape files have been furnished
to the City’s GIS department as a deliverable. These shape files should be archived as a permanent record of
the census block geography referenced for creating the precise boundaries of the Redistricting Plan as
implemented for holding future elections.
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Census block geography does not always correspond exactly with city streets. Where minor discrepancies arise,
the City may exercise reasonable discretion in aligning the district boundaries to correspond to actual streets for
purposes of holding elections.
These shapefiles are intended for the City’s use to prepare all necessary high-resolution maps for use in
implementing the Revised Recommended Plan--e.g., to display the district boundaries with reference to
recognized streets, voting precincts, newly-annexed territory, and other features to show eligible voters the
district in which they reside.
Respectfully submitted,
__________________________________
Peter A. Morrison
Peter A. Morrison & Associates, Inc.
October 27, 2022
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MEMO DEL DEMOGRÁFO TRANSMITIENDO EL PLAN DE REZONIFICACIÓN
RECOMENDADO POR EL CONCEJO MUNICIPAL
Ciudad de Pasco, Washington
Peter A. Morrison, Ph.D.
Peter A. Morrison & Associates, Inc.
**BORRADOR**
27 DE OCTUBRE DEL 2022
Este memorándum documenta las características técnicas relevantes del Plan de Rezonificación
Recomendado por el Concejo Municipal (“el Plan de Rezonificación”) para la Ciudad de Pasco,
Washington (“Ciudad”). Estas características son la base para mi recomendación de adoptar el Plan de
Rezonificación como un plan de elección de seis distritos con un “cambio menor”, basado en los datos del
Censo decenal del 2020 publicados recientemente y de acuerdo con los estándares federales y del Estado de
Washington.
Las consideraciones relevantes las cuales guiaron este rebalanceo necesario, y las mejorías más extensas
sugeridas por los Miembros del Concejo para guiar el plan actual de la Ciudad hacia el cumplimiento con los
estándares legales correspondientes, están resumidas posteriormente. El Plan de Rezonificación reequilibra
la población total de cada distrito, reforzando la parte de votantes Hispanos elegibles en el Distrito 1, y cumple
con el criterio tradicional de la zonificación. Además, el Plan de Rezonificación evade cualquier reducción
de la fuerza de voto de los Hispanos, en cumplimiento con los requisitos estatales y federales.
1. Derecho a representación. El Plan de Rezonificación toma en cuenta la intención de los oficiales electos
de la Ciudad de adoptar un plan que asegure que toda la gente de la Ciudad de Pasco tenga derecho a
representación.
2. Distritos Poblados Igualmente. Seis de los Siete Miembros del Concejo de la Ciudad son electos por el
distrito. Como lo es requerido por la ley, estos seis distritos cuentan con una población total
considerablemente igual, de acuerdo con el resumen de los conteos de la población de Censo del 2020 (PL94-
171). “Considerablemente igual” significa que cada distrito está tan cerca como lo es prácticamente posible
al ideal matemático de 12,851 personas en un distrito (p. ej. un sexto de la población total de la Ciudad de
77,108 contada en el 2020).
Sin embargo, los distritos no tienen contar exactamente con la misma población total para cumplir con las
leyes estatales y federales. Los tribunales les permiten a los planes de zonificación un 10 por ciento de
desviación total de este ideal. Total Deviation from Ideal (“TDI”) (Desviación Total del Ideal) se mide como
la diferencia absoluta entre el distrito más poblado y el distrito menos poblado, divido (por el número ideal
(12,851). La Gráfica 1 posterior documenta el cumplimiento con estos “guardarraíles” y el cumplimiento del
Plan de Rezonificación con el TDI.
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2
Gráfica 1. Distritos Iguales con la Población Total del 2020
En el Plan de Rezonificación, el distrito más poblado (Distrito 5) tiene una población de 13,413 residentes, lo
cual es 4.37-por ciento de más. El distrito menos poblado (Distrito 6) tiene 12,421 residentes, lo cual es 3.35-
por ciento de menos. Para calcular el TDI del plan de Rezonificación, se combinan las desviaciones extremas
del Distrito 5 y el Distrito 6 (4.37 más 3.35), lo cual es 7.72-por ciento. Comparado con la TDI máxima
aceptable (10 por ciento), la TDI de 7.72 por ciento del Plan de Rezonificación se encuentra dentro del rango
aceptable de “igualdad considerable” requerida por la ley.
3. Respetar las fronteras administrativas actuales. Hasta la fecha, como lo es posible, el Plan de
Rezonificación respeta las fronteras actuales de los precintos de las elecciones de la ciudad, para evitar los
gastos de modificar los precintos que están actualmente en uso.
4. Cumplimiento con los Requisitos y las Normas de Rezonificación Estatales y Federales. RCW
29A.76.010 requiere que la Ciudad prepare un plan de rezonificación basado en los datos federales decenales
del censo. El Plan de Rezonificación también debe ser consistente con el siguiente criterio: (1) cada distrito
debe tener casi la misma población, (2) debe ser lo más compacto posible, y (3) debe consistir de un área
geográficamente adyacente; (4) los datos de la población del censo no pueden ser utilizados para “favorecer o
desfavorecer a cualquier grupo racial o partido político”1; y (5) lo más que sea viable, los distritos deben seguir
y coincidir con las fronteras naturales y “preservar a las comunidades actuales de intereses relacionados y
mutuos.” RCW 29A.76.010. El Plan de Rezonificación es consistente con todo este criterio ya que cada nuevo
distrito bajo el Plan cuenta con casi la misma población, es lo más compacto posible, consiste de un área
geográficamente adyacente, los datos de la población utilizados para formar los nuevos distritos no favorecen
1 This provision does not alleviate the City’s obligations and requirements to comply with Washington’s Voting Rights Act, RCW
29A.92.020, which prohibits any election plan that “impairs the ability of members of a protected class or classes to have an equal
opportunity to elect candidates of their choice as a result of the dilution or abridgement of the rights of voters who are members of a
protected class or classes.”
Page 333 of 338
3
a una raza o partido político, y al desarrollar el Plan, se hicieron todos los esfuerzos para mantener las
comunidades de intereses mientras que se cumple con otro criterio y requisitos legales y consideraciones.
La Sección 2 del Federal Voting Rights Act (Acto Federal del Derecho a Votar) prohíbe la reducción de los
votos, definido como cualquier práctica electoral o procedimiento que minimiza o cancela la fuerza de voto
de los miembros de minorías raciales o de idioma, en la población votante.2 Refiérase a las pp. 6-10 en:
https://www.justice.gov/opa/press-release/file/1429486/download para un resumen de estas prohibiciones.
El Plan de Rezonificación cumple con las normas de rezonificación Federales y del Estado de Washington.
Consistente con ellas, el Plan de Rezonificación respeta la habilidad de los Hispanos de elegir a candidatos en
tres de los seis distritos de la Ciudad. En el Distrito 1 y en el Distrito 6, los Hispanos constituyen
aproximadamente un 58.6 por ciento de la población de ciudadanos con edad para votar (CVAP) en el 2021.
En el Distrito 2, los Hispanos constituyen aproximadamente un 51.6 por ciento del CVAP en el 2021. El
porcentaje del 2021 aumentará más conforme pasen los años, ya que los Hispanos nativos menores llegarán a
los 18 años y serán elegibles para votar.3
Comencé una evaluación de anexiones pendientes de dos “islas” de territorios grandes no incorporadas,
localizadas completamente dentro de la Ciudad. Sin ninguna anexión próxima, el Plan de Rezonificación
conserva la opción de que la Ciudad anexe una o dos de las “islas” a un distrito actual sin reducir la cantidad
de votantes elegibles Hispanos en el Distrito 1, Distrito 2, y Distrito 6.
Los parámetros demográficos relevantes del Plan Recomendado son mostrados en la Gráfica 2, junto con los
datos correspondientes.
Table 2. Cifras Estimadas de Votantes Elegibles Hispanos
(derivado de las estimaciones del 2021 American Community Survey)
PLAN RECOMENDADO:
2 Esto es consistente con el Washington’s Voting Rights Act, RCW 29A.92.020.
3 Dependo en los datos oficiales actuales para distinguir a la población de ciudadanos en la Ciudad con edad para votar, para poder
calcular la cantidad de Hispanos que son elegibles para votar. Los cálculos del American Community Survey (Encuesta de las
Comunidades Americanas) de un año, del Census Bureau (Departamento del Censo) del 2021 (proveído para este proyecto)
documentan la influencia emergente electoral de los votantes Hispanos de toda la Ciudad.
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4
Figure 1. Mapa del Plan Recomendado
(referente a la geografía del bloque del censo)
Las fronteras precisas de cada distrito nuevo recomendado, visualizadas anteriormente son definidas por los
archivos electrónicos de forma (shape files) GIS, las cuales definen al distrito con referencia a la geografía del
bloque del censo. Los archivos de forma han sido proveídos al departamento GIS de la Ciudad, como un
Page 335 of 338
5
producto final. Los archivos de forma deben ser archivados como un récord permanente de la geografía del
bloque del censo, utilizados como referencia para el desarrollo de las fronteras precisas del Plan de
Rezonificación implementado, para llevar a cabo las elecciones futuras.
La geografía del bloque del censo no siempre corresponde exactamente con las calles de la ciudad. Cuando
surjan discrepancias, la Ciudad quizás pueda ejercer su discreción razonable para alinear las fronteras de los
distritos para que correspondan con las calles actuales para poder llevar a cabo las elecciones.
Los archivos de forma sirven para que la Ciudad prepare todos los mapas de alta resolución para poder
implementar el Plan Revisado Recomendado –p. ej., para mostrar las fronteras de los distritos con referencias
a las calles reconocidas, los precintos de voto, los territorios recientemente anexados, y otras características
para mostrarles a los votantes elegibles a cuál distrito pertenecen.
Enviada respetuosamente,
__________________________________
Peter A. Morrison
Peter A. Morrison & Associates, Inc.
27 de Octubre del 2022
Page 336 of 338
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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