HomeMy WebLinkAbout2022.11.14 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:15 PM - Monday, November 14, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council
Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum
Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive
and on the City’s Facebook page at www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
2. CALL TO ORDER
3. ROLL CALL
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
4 - 103 (a) Resolution - Basin Disposal Inc. 2023 Proposed Rate Increase
Rebecca Francik, Government Relations with Basin Disposal Inc. will
provide a brief presentation.
104 - 122 (b) 2021-2022 Biennium Financial Update - Third Quarter 2022
123 - 127 (c) Resolution - Bid Award for Fire Station No. 85 Construction
128 - 153 (d) Resolution - Amendment No. 3 to Interlocal Agreement with Port
of Pasco for Argent Road Project
154 - 195 (e) Resolution - Amendment No. 1 to Professional Services
Agreement with PBS Engineering for Broadmoor TIF Design
Services
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196 - 230 (f) Resolution - Amendment No. 3 to Professional Services
Agreement with Carollo Engineers, Inc. for Butterfield Facility
Plan
231 - 245 (g) Resolution - Change Order Approval for Lewis Street Overpass
Project
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
(a) To Discuss Qualifications of an Applicant for Public Employment
per RCW 42.30.110(1)(g) (15 minutes)
8. ADJOURNMENT
9. ADDITIONAL NOTES
246 - 247 (a) Adopted 2020-2021 Council Goals (Reference Only)
(b) REMINDERS
• Monday, November 14, 11:45 AM: Pasco Chamber of
Commerce Membership Lunch Meeting – Pasco Red Lion
Hotel
• Tuesday, November 15, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City Hall
(MAYOR PRO TEM CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Tuesday, November 15, 4:30-5:30 PM: Downtown Master
Plan Meet & Greet at Mercy's Pizza
• Tuesday, November 15, 5:45-7:00 PM: Downtown Master
Plan Open House in Council Chambers at City Hall
• Thursday, November 17, 12:30 PM: Greater Columbia
Accountable Community of Health – Virtual Meeting
(COUNCILMEMBER ROACH, Rep; MAYOR BARAJAS, Alt.)
• Thursday, November 17, 4:00 PM: Downtown Pasco
Development Authority – DPDA (COUNCILMEMBER
IRVING BROWN, Rep.; MAYOR PRO TEM CRAIG MALONEY
Alt.)
• Friday, November 18, 9:00 AM: COPA Board Meeting -
Council Chambers (MAYOR BARAJAS)
• Friday, November 18, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER IRVING
BROWN, Rep., COUNCILMEMBER DAVID MILNE, Alt.)
• Friday, November 18, 10:00 AM: Walmart Grand Re-
Opening - Road 68
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This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
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AGENDA REPORT
FOR: City Council November 9, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Basin Disposal Inc. 2023 Proposed Rate Increase
I. REFERENCE(S):
Draft Resolution
Basin Disposal Inc. Letter 7/21/2022
Solid Waste Agreement 11/16/2015
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Rebecca Francik, Government Relations with Basin Disposal Inc. will provide a
brief presentation.
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 includes an annual rate adjustment cap of
five percent (5%).
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V. DISCUSSION:
Based on the terms of the BDI agreement, and also taking into account h ow
these increases are calculated and distributed across each service area
(commercial, residential, industrial). BDI proposed an overall rate increase of
6.8% for a 96 gallon container, 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).
With the annual rate adjustment cap outlined in the agreement, the
recommended annual rate adjustment is five percent (5%).
With the recommended rate increase, 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 fo und that
the recommended annual rate increase of 5% is consistent with the terms and
conditions of the agreement.
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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 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 the Agreement BDI must first publish notice by mailing to all
affected ratepayers or by publishing in a newspaper of general circulation for two consecutive
weeks and such notice must occur forty-five days before the effective rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
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.
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
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EXHIBIT A
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COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
City of Pasco
and
Basin Disposal,Inc.
November 16, 2015
EXHIBIT B
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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
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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
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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 ..........................................
..........................................
.............
..30
10.3.3 Arbitration ............................................
............................................
..............
..30
10.4.Compliance With Laws ...............................................
...................................
..30
10.5.Non-Discrimination...........................................
...........................................
.
..30
Comprehensive Solid Waste Collection Agreement
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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 .......................................................................................
..............
..31
Right to Renegotiate or Amend ..................................................................
...
..31
Force Majeure ....................................................................................
............
,.32
Force Majeure Events ............................................................................
........
..31
Force Majeure Occurrences of Non-Default ....................................................32
Illegal Provisions/Severability ........................................................
...............
..32
....32
Entirety ...........................................................................................
................
..33
Comprehensive Solid Waste Collection Agreement
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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.
Comprehensive Solid Waste Collection Agreement
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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
Comprehensive Solid Waste Collection Agreement
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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.
Comprehensive Solid Waste Collection Agreement
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Page 67 of 247
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
Comprehensive Solid Waste Collection Agreement
Page 32
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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
Comprehensive Solid Waste Collection Agreement
Page 33
Page 69 of 247
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
Page 1
Page 70 of 247
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
Page 2
Page 71 of 247
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.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 3
Page 72 of 247
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
Page 4
Page 73 of 247
Exhibit B
City Service Area
n
3
C
E
33
City of Pasco
City Limits 2015
Comprehensive Solid Waste Collection Agreement,Exhibit B
Page 1
Page 74 of 247
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 75 of 247
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 76 of 247
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 77 of 247
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 78 of 247
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 79 of 247
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 80 of 247
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 81 of 247
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 82 of 247
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 83 of 247
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 84 of 247
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 85 of 247
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 86 of 247
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 87 of 247
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 88 of 247
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 89 of 247
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 90 of 247
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 91 of 247
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 92 of 247
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 93 of 247
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 94 of 247
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
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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 95 of 247
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 96 of 247
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 97 of 247
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 98 of 247
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 99 of 247
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 100 of 247
Exhibit G
Curbside Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit G
Page 1
Page 101 of 247
Exhibit H
Green Waste Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit H
Page 1
Page 102 of 247
Exhibit I
Electronic Waste Collection Provisions
(E-Waste)
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibitl
Page 1
Page 103 of 247
AGENDA REPORT
FOR: City Council November 9, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: 2021-2022 Biennium Financial Update - Third Quarter 2022
I. REFERENCE(S):
Quarterly Financial Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
None
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Quarterly reports on the major funds allow staff to communicate the larger
financial picture of the City to the Council and its residents.
V. DISCUSSION:
The financial report does not include fund balances that are authorized by
Council during each budget year. The exclusion fund balance amounts is to
present a clear picture of funds being received and expended by the City without
reliance on reserves.
Considering the passage of 21 months of the biennium, elapsed time for
expected expenses as compared to budget is 87.5%. The quarterly report shows
that all prominent funds are meeting revenue and expense expectations. Timing
of large capital expenditures do not follow the typical elapsed time trend. Staff
expects all expenses and revenue categories to be within budgetary limits as the
year closes. Currently, staff is reviewing activity and expected totals at year
Page 104 of 247
should there be a need and to prepare for any supplementary budget requests.
The attached quarterly report provides detailed information.
In the past many years staff has worked to improve financial monitoring and
reporting through the creation of new tools. These steps have allowed for better
fiscal control and access. This report is one example. Historically, a link to one
of the external facing tools has been included in this report. Unfortunately, with
the change in staff members gaining access to this particular external tool has
been challenging and remains necessary. Finance and Information Systems
staff are working together to resolve.
Page 105 of 247
September 30, 2022
Quarterly
Financial
Report
Prepared by Darcy Buckley, Finance Director
Page 106 of 247
Overview
The intent of this report is to provide an overview of activity in all of the City's major funds
through September 30, 2022. The local economy continues to grow steadily despite a
substantial inflationary increase to goods and service and recession potential. Historically, the
Tri-Cities area has weathered nationally challenging economic seasons well. As of this
quarter's end, permitting activity and sales tax receipts remain strong accompanied by low
unemployment rates.
Quarterly Financial Report / Page 2
The preliminary unemployment rate for September for Kennewick-Richland-Pasco MSA was
4.0%. While greater than the state's rate of 3.7%, this rate represents a decrease by 1% as
compared to September of 2021. Historically, the 3-year average unemployment rate during
the same period has been 6.3%. A decrease in unemployment is a good indicator of the
availability of jobs in the region.
The number of active business licenses at the end of September was 4,952 an increase of 234
from the beginning of the year.
Page 107 of 247
Permit
Type 2021 Count 2021 Permit Value
2022
Count
2022
Permit Value
Commercial 226 $57,531,021
273 $ 64,638,392
Industrial 8 $18,045,502 37 $7,934,668
Mobile
Homes 5 $255,081 3 $245,000
Residential 1,247 $76,181,040
1,148 $70,160,873
Total 1,486 $152,012,644
1,461 $142,978,934
Overview
One measure of economic health is permit activity; it demonstrates not only the growth and
attractiveness of the community but also has the potential to increase revenue from building-
related sales tax. The table below indicates overall permit activity for this biennium. The year-
to-date number can vary significantly based on timing of major industrial or commercial
projects. An increase in commercial activity bodes well for the City as it translates into an
expanding economic base available to generate higher sales taxes. In the past, City of Pasco
residents have spent their income outside of the community, resulting in the City losing out on
significant sales tax revenue.
Quarterly Financial Report / Page 3
The volume and value of permits in 2021 increased substantially as compared to 2020. During the
same year-long time frame ending in September 30 2022, the number of permits issues has dropped
slightly; by a mere 2%. Value of permits has dropped more for the same period. It is 6% lower than
reported as of September of 2021. For the quarter end, all permit category counts were greater
than those of 2021 except residential. Valuation, however, was lower for all categories except
commercial. The timing of large projects can lend uncertainty to this comparison. However, permit
activity serves as a valuable factor for assessing the City's fiscal health. Permit valuation at the end
of 2021 was $576 million. Depending on the timing of the permit issuance for some large industrial
and commercial businesses, the City could meet or exceed 2021 activity.
Page 108 of 247
Quarterly Financial Report / Page 4
The sales tax rate for the City of Pasco residents is
8.7%. The City government receives a share of
Regular and Optional sales tax (1%), Criminal Justice
(0.1%), and Public Safety (0.3%). Taxes that make up
the majority of the 8.7% rate are distributed primarily
to the State but also to Franklin County.
The sales tax rate for Franklin County increased by
0.1% on April 1st, 2022. This additional tax revenue
will be collected by the County and utilized for
chemical dependency or mental health purposes. This
increase in rate will have no impact on the sales tax
rate share of the City.
As mentioned before, growth in the commercial base
of the City is providing residents the opportunity to
spend their income within the community will
continue to result in City's ability to provide services
at affordable rates in the future. Similarly, in a
landmark case known as South Dakota v. Wayfair,
Supreme Court decided that retail businesses no
longer had to have a physical presence in a state to be
potentially liable to collect state sales taxes. The
enactment of this law coupled with increased online
purchasing has helped the City meet and exceed its
revenue goals.
Sales Tax
During this biennium, the City benefitted from construction sales tax generated from major
permitting activities, especially construction by large commercial and industrial partners.
These taxes are one-time in nature but the City anticipates more similar projects to help
increase its sales tax base for the next 2-4 years. The City is projected to receive over $3
million in construction sales tax in 2022, depending on the schedules of large commercial
and industrial projects. The same category generated $3.2, $2.2, $1.8 million in revenue in
2021, 2020, and 2019 respectively.
Page 109 of 247
Quarterly Financial Report / Page 5
Regular and Optional Sales Tax
Of the 8.7% sales tax rate, City's portion received 0.85% of it in form of Regular and Optional
sales tax. The sales tax for 2021 at $18.6 million, was an increase of 24% over the prior year.
Staff is estimating close to $22 million in sales taxes for 2022. There is a two-month delay in
the distribution of sales tax from the time of the purchase. The impact of inflation remains to
be seen on this revenue. In the short term increase in the cost of goods increases the
corresponding tax revenue, however, the reduced discretionary income of our residents will
negatively impact the economic activity in the long term. The graph above shows the
significant growth in sales taxes over the last four years.
Public Safety and Criminal Justice Sales Tax
Public Safety and Criminal Justice sales tax follow the same trend as Regular and Optional
sales tax. However, these taxes are allocated to cities on a per capita basis and changes in
population pattern could affect the City's portion. Staff projects $4.7 million in sales for the
year 2022.
Page 110 of 247
C i t y S t r e e t F u n d
A r t e r i a l S t r e e t F u n d
I -1 8 2 C o r r i d o r T r a f f i c I m p a c t F u n d
S t r e e t O v e r l a y F u n d
C o m m u n i t y D e v e l o p m e n t G r a n t F u n d
C D B G
H O M E
N S P
M .L . K i n g J r . C o m m u n i t y C e n t e r F u n d
A m b u l a n c e S e r v i c e s F u n d
A m e r i c a n R e s c u e P l a n A c t
C i t y V i e w C e m e t e r y F u n d
B o u l e v a r d P e r p e t u a l M a i n t e n a n c e F u n d
A t h l e t i c P r o g r a m F u n d
G o l f C o u r s e
S e n i o r C e n t e r O p e r a t i n g F u n d
M u l t i -M o d a l F a c i l i t y F u n d
S c h o o l I m p a c t F e e s
R i v e r s h o r e T r a i l & M a r i n a M a i n t e n a n c e F u n d
S p e c i a l L o d g i n g A s s e s s m e n t F u n d
L i t t e r A b a t e m e n t F u n d
R e v o l v i n g A b a t e m e n t F u n d
T r a c D e v e l o p m e n t & O p e r a t i n g F u n d
P a r k D e v e l o p m e n t F u n d
C a p i t a l I m p r o v e m e n t s F u n d (R E E T )
E c o n o m i c & I n d u s t r i a l D e v e l o p m e n t F u n d
S t a d i u m / C o n v e n t i o n C e n t e r F u n d
H o t e l /M o t e l E x c i s e T a x
G e n e r a l F u n d - G e n e r a l F u n d
S p e c i a l R e v e n u e F u n d
Quarterly Financial Report / Page 6
Types of Funds
Page 111 of 247
W a t e r F u n d
S e w e r F u n d
I r r i g a t i o n F u n d
P r o c e s s W a t e r R e u s e F a c i l i t y F u n d
S t o r m w a t e r F u n d
E q u i p m e n t R e n t a l O p e r a t i o n s F u n d - G o v e r n m e n t T y p e
E q u i p m e n t R e n t a l O p e r a t i o n s F u n d - P r o p r i e t a r y T y p e
E q u i p m e n t R e n t a l R e p l a c e m e n t F u n d - G o v e r n m e n t
T y p e
E q u i p m e n t R e n t a l R e p l a c e m e n t F u n d - P r o p r i e t a r y
T y p e
M e d i c a l /D e n t a l I n s u r a n c e F u n d
M e d i c a l /D e n t a l I n s u r a n c e F u n d
D e n t a l
C e n t r a l S t o r e s F u n d
E n t e r p r i s e F u n d
I n t e r n a l S e r v i c e F u n d
Quarterly Financial Report / Page 7
Types of Funds
Page 112 of 247
Fund Category Category Name Anticipated Budget Actual % Received
General Fund General Property Tax 23,554,637 18,416,711 78%
Other Tax 2,342,780 2,233,250 95%
Retail Sales Tax 38,602,922 31,499,782 82%
Utility Tax 23,947,157 19,643,960 82%
Retail Sales Tax - Public Safety & Criminal Justice 8,286,824 7,020,707 85%
Licenses & Permits 7,156,781 5,826,729 81%
Intergovernmental 16,508,804 8,649,508 52%
Charges for Goods and Services 17,898,565 16,331,107 91%
Fine and Penalties 2,066,354 1,653,683 80%
Miscellaneous 4,591,272 1,786,644 39%
Debt Principal 586,528 4,225,074 720%
Transfers and Subsidy - Revenue 1,269,762 803,848 63%
General Fund Total 146,812,386 118,091,004 80%
Enterprise Fund Licenses & Permits 527,878 258,603 49%
Intergovernmental 9,470,000 7,867,457 83%
Charges for Goods and Services 64,633,213 58,761,476 91%
Fine and Penalties 0 2,000 0%
Miscellaneous 8,292,798 519,738 6%
Debt Interest 4,899,442 4,892,621 100%
Debt Principal 8,485,273 7,957,388 94%
Transfers and Subsidy - Revenue 79,426,784 21,817,827 27%
Enterprise Fund Total 175,735,388 102,077,109 58%
Special Revenue Fund Utility Tax 2,057,588 0 0%
Hotel/Motel SalesTax 757,002 1,206,662 159%
Real Estate Excise Tax 4,400,000 6,144,704 140%
Licenses & Permits 813,400 661,196 81%
Intergovernmental 28,028,515 22,549,363 80%
Charges for Goods and Services 26,340,795 23,062,532 88%
Fine and Penalties 280,000 424,177 151%
Miscellaneous 3,384,065 2,868,273 85%
Debt Principal 64,291 109,871 171%
Transfers and Subsidy - Revenue 21,472,778 20,686,144 96%
Special Revenue Fund Total 87,598,434 77,712,922 89%
Revenue
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 9Page 113 of 247
Fund Category Category Name Anticipated
Budget Actual % Received
Construction Fund Intergovernmental 32,608,038 10,865,888 33%
Miscellaneous 6,470,047 1,301,620 20%
Debt Principal 0 -1,950 0%
Transfers and Subsidy - Revenue 39,659,833 18,780,841 47%
Construction Fund Total 78,737,918 30,946,400 39%
Internal Service Fund Charges for Goods and Services 21,728,692 20,424,207 94%
Miscellaneous 293,110 572,430 195%
Debt Principal 0 -923,914 0%
Transfers and Subsidy - Revenue 0 32,970 0%
Internal Service Fund Total 22,021,802 20,105,693 91%
Pasco Public Facility District PFD Sales Tax 1,000,000 1,336,849 134%
Intergovernmental 0 60,000 0%
Charges for Goods and Services 40,000 35,000 88%
Miscellaneous 400 0 0%
Pasco Public Facility District Total 1,040,400 1,431,849 138%
Grand Total 511,946,328 350,364,977 68%
Revenue
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 8Page 114 of 247
Category Name Anticipated Budget Actual % Received
General Property Tax 23,554,637 18,416,711 78%
Other Tax 2,342,780 2,233,250 95%
Retail Sales Tax 38,602,922 31,499,782 82%
Utility Tax 26,004,745 19,643,960 76%
Hotel/Motel SalesTax 757,002 1,206,662 159%
Real Estate Excise Tax 4,400,000 6,144,704 140%
PFD Sales Tax 1,000,000 1,336,849 134%
Retail Sales Tax - Public
Safety & Criminal Justice 8,286,824 7,020,707 85%
Licenses & Permits 8,498,059 6,746,528 79%
Intergovernmental 86,615,357 49,992,216 58%
Charges for Goods and Services 130,641,265 118,614,322 91%
Fine and Penalties 2,346,354 2,079,860 89%
Miscellaneous 23,031,692 7,048,705 31%
Debt Interest 4,899,442 4,892,621 100%
Debt Principal 9,136,092 11,366,468 124%
Transfers and Subsidy -
Revenue 141,829,157 62,121,630 44%
Total 511,946,328 350,364,977 68%
Typically at year end analysis occurs to determine need for supplemental budget adjustment. A
thorough review is being completed in the October/November time frame. Where necessary
any requests will be presented to Council for approval in the latter part of November.
At the end of September, the elapsed time over the biennial budget time frame is 87%. As
such, if revenue was linear, actual revenue collected would equal 87% of the budget. However,
revenue collection timing for many revenues is not linear. This statement is especially true for
property tax collection, and intergovernmental, miscellaneous and transfer type revenues.
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 1 0
Revenue
Intergovernmental category is related to funds received from other local, state, and federal
agencies. This category is tied to our capital efforts as a large portion of intergovernmental
activities are related to grants for capital projects. Receipt of such revenues will depend on the
schedule of the projects. Utility taxes are expected to meet variance with the timing of the
disbursement resulting in unfavorable variance at the current time.
Page 115 of 247
Staff has also added expectations of various sales taxes, increasing the approved budget by
almost $8.5 million. This addition reduced the evaluation of percentage received, but staff
anticipates larger than typical month disbursements during the Christmas season. As of the
end of September receipts, revenues have not lagged.
A large percentage of revenues outside of the miscellaneous and intergovernmental
categories are within or exceeding expectations. Tourism-related industries have make a
faster comeback than the budget anticipated. The reflection of higher than anticipated debt
principal revenue is related to interfund loans within utility services and its offset can be
seen in expenses. High levels of taxable sales, stable housing prices, and a return of tourism
related activity has resulted in the City being in a better financial state than before the
pandemic.
Miscellaneous is a catch all category that also includes future bonds that might be issued
certain projects meet anticipated schedules. In this particular case, this category includes
almost $20 million in anticipated bond issuance. The City has secured a beneficial amount of
low interest loans from the State (>$50 million), reducing the need for the City to issue these
higher cost debt instruments. Analysis will be completed to make appropriate changes as
part of the supplemental budget process.
The City is entering a phase where past trends cannot be counted upon for future growth.
Historic growth in commercial and industrial sectors forecasts that the City will be able to
rely upon higher population growth, increased sales, and property tax bases. The next 2-4
years will be filled with projects providing a one-time jump in revenues. The period after is
expected to be a new baseline with standard growth thereafter.
This significant growth will require significant investment and that can be seen through
planned capital projects in the City's long-term facilities planning effort (Capital
Improvement Plan). As the City has completed or is in process of completing of several
long-term plans - Comprehensive Master Plan, Downtown Master Plan, Parks Master Plan,
Police Master Plan, Fire Master Plan, Transportation Master Plan, Utility Comprehensive
Plans, etc. - staff to support the capital and operational aspect of a City with different size
and complexity will be critical.
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 1 1
Revenue
Page 116 of 247
Fund Name Category Name Approved Budget Actual % Spent
General Fund Transfers and Subsidy - Expense 26,481,405 23,360,560 88%
Salaries and Wages 52,299,010 42,794,095 82%
Personnel Benefits 17,863,243 14,585,549 82%
Supplies 4,988,649 3,553,721 70%
Services 36,693,397 33,200,568 90%
Capital Outlays 4,670,805 308,705 7%
Debt Principal 4,970,273 4,113,923 83%
Debt Interest 2,095,250 1,581,461 75%
General Fund Total 150,062,032 123,498,582 82%
Enterprise Fund Transfers and Subsidy - Expense 1,808,245 918,284 51%
Salaries and Wages 9,329,803 7,304,285 78%
Personnel Benefits 4,311,564 1,851,003 43%
Supplies 4,634,213 3,867,774 83%
Services 32,209,708 22,103,216 69%
Capital Outlays 119,922,636 37,046,871 31%
Debt Principal 10,964,524 12,108,077 75%
Debt Interest 4,289,274 3,405,588 79%
Enterprise Fund Total 187,469,967 88,605,098 46%
Special Revenue Fund Transfers and Subsidy - Expense 51,694,769 13,409,361 26%
Salaries and Wages 13,463,416 10,688,419 79%
Personnel Benefits 4,013,755 3,178,725 79%
Supplies 2,031,774 1,710,674 84%
Services 25,894,472 20,047,862 77%
Capital Outlays 13,670,426 183,216 1%
Debt Principal 100,000 567,554 568%
Debt Interest 155,500 239,764 154%
Special Revenue Fund
Total 111,024,112 50,025,575 44%
Expenses
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 1 2Page 117 of 247
Fund Name Category Name Approved
Budget Actual % Spent
Construction Fund Supplies 0 185,005 0%
Services 0 32,963 0%
Capital Outlays 81,119,061 31,814,420 39%
Construction Fund Total 81,119,061 32,032,388 39%
Internal Service Fund Transfers and Subsidy -
Expense 758,468 451,762 60%
Salaries and Wages 1,129,320 892,852 79%
Personnel Benefits 453,489 218,157 48%
Supplies 2,361,330 2,459,219 104%
Services 12,826,954 13,427,213 105%
Capital Outlays 5,734,575 1,986,342 35%
Internal Service Fund Total 23,264,136 19,435,545 84%
Pasco Public Facility District Services 1,043,700 1,084,938 104%
Pasco Public Facility District
Total 1,043,700 1,515,322 145%
Grand Total 554,515,608 315,112,509 56%
Expenses
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 1 3Page 118 of 247
Category
Name Anticipated Expenses Actual % Expensed
Transfers and Subsidy - Expense 80,742,887 38,139,968 47%
Salaries and Wages 76,231,149 61,679,651 81%
Personnel Benefits 26,642,051 19,833,434 74%
Supplies 14,121,966 11,776,393 83%
Services 109,066,573 90,327,144 83%
Capital Outlays 225,136,161 71,339,553 32%
Debt Principal 16,034,797 16,789,553 105%
Debt Interest 6,540,024 5,226,813 80%
Total 554,515,608 315,112,509 56%
Expenses for fund categories are within budget. The one outlier is debt principal related to
repayment of an interfund loan. The City budget includes a significant capital outlay budget
that is not linear in nature and exclusively reliant on project delivery. As shown in the table
below, expenses linear in nature are within or below budget and are expected to stay that way
for the remainder of the biennium. Labor currently shows below budget due to the addition of
new headcounts scheduled for 2022. Salary savings while a position is vacant has allowed for
unused budget through the quarter end. Salaries and wages category also includes one-time
expenses like holiday and vacation cashouts, as well as, uniform allowances - expenses not
linear in nature. Therefore, close of year cashouts will be recognized later this year.
The capital outlay category that mostly consists of capital facilities like roadways, facilities,
utility infrastructure is underspent. As mentioned above, project schedules dictate how much
of the allocated budget will be expended. Unspent capital allocations will be carried over to
future years.
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 1 4
Expenses
Page 119 of 247
Quarterly Financial Report / Page 15
Capital
Projects
M A J O R P R O J E C T S I N P R O G R E S S
The city had over 70 projects with some
level of activity during 2021; expending
close to $45 million during the same
period. Most of these projects were within
the City's utility infrastructure, as well as
roadway and parks construction.
Columbia East Forcemain and Lift Station - The lift
station was constructed in 2019. In 2021, the city
constructed two force mains to serve multiple
current and future food processors, allowing the
diversion of 1.5 MGD of industrial waste away from
the municipal wastewater treatment plant. 70% of
the project budget was reimbursed by various local,
state, and federal grants. $6.9 million expended
during 2021.
WWTP Improvements Phase 1 - The first phase of
improvements at the Waste Water Treatment Plant
(WWTP) focused on secondary treatment and partial
outfall replacement. The project is being funded by
low-interest loans from Washington state. $5 million
expended during 2021.
Lewis Street Overpass - Construct a new overpass
between 2nd Ave and Oregon Ave on Lewis Street to
replace the existing underpass. 83% of the project
budget for this biennium is expected to be
reimbursed by various state and federal grants, with
the remainder coming from internal funds. $6.7
million expended during 2021.
Fire Station 84 - Relocate Fire Station 84 from its
temporary location to a permanent location including
admin space. The project was fully funded by
proceeds from a Limited tax general obligation
(LTGO) bond. $6.0 million expended during 2021.
Peanuts Park Restoration - Restoration of the Peanuts
Park at the heart of Pasco's downtown. 50% of the
project was funded via the U.S. Department of Housing
and Urban Development's Section 108 loan program.
$5.8 million expended during 2021.
Northwest Area (Broadmoor) Sewer LID - Extends a
sewer trunk line from Harris to Burns Road facilitating
growth in the city's northwest area. 99% of the project
is funded via a local improvement district formed by
benefitting property owners. $2.3 million expended
during 2021.
Chapel Hill Park - Built a 5-acre community park in the
Chapel Hill area of the City. Fully funded by Park
Development fees collected from the nearby
properties. $1.0 million expended during 2021.
Page 120 of 247
Quarterly Financial Report / Page 16
Financial
Outlook
For this biennium the currently anticipated
budget totals are: revenue of $511 million,
and expenses of $554. Revenue is on pace and
expected to meet budget. The one exception
may be where an underlying, reimbursable
expenditure must occur for the revenue to be
received. For example in the case of a
reimbursable capital project or a transfer.
Often times, revenue is recognized if an
accompanying expenditure has occurred but
cash is not yet received. If only the
expenditure is budgeted however, the
accompanying revenue will not be part of this
biennium's records. In some cases use of
reserves were planned as coverage for an
expense. The city's long-term strategy is to
build reserves over the years to fund capital
projects and make large purchases. This
biennium has over $15 million in land
purchase and $211 million in capital outlays
(projects). Fund balances currently exist to
withstand a deficit. This budget was built with
caution for the future with the recognition that
it takes a long time to build up reserves. The
need for expenses are well documented,
understood to continue the positive economic
vitality of the community.
T H R O U G H T H E E N D O F T H E
T H I R D Q U A R T E R I N F L A T I O N
H A S N O T H A D A N O T A B L E
I M P A C T O N R E V E N U E .
S T R O N G C O M M E R C I A L A N D
I N D U S T R I A L C O N S T R U C T I O N
C O N T I N U E . S T A F F W I L L
M O N I T O R A C T I V I T Y
T H R O U G H Y E A R E N D T O
M O N I T O R A C T I V I T Y
C A R E F U L L Y .
Anticipated growth in the City's revenue
streams through one-time and an
increasing economic base will assist the
City in augmenting reserves faster in the
future. The City continues robust planning
efforts to identify long-term needs and
means to fund them with the least impact
on the community. Continuous effort to
get appropriations, grants, low-interest
loans, and revision of rates for major
services will be critical for the good
financial health of the City.
Page 121 of 247
Q U A R T E R L Y F I N A N C I A L R E P O R T / P A G E 1 7
2022 Employee Banquet
Page 122 of 247
AGENDA REPORT
FOR: City Council November 8, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution - Bid Award for Fire Station No. 85 Construction
I. REFERENCE(S):
Draft Resolution
Fire Station No. 85 Construction - Bid Tabulation
Fire Station No. 85 Architect Rendering Photo
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
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.
Project bids were opened on October 11, 2022.
Page 123 of 247
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.
Page 124 of 247
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 125 of 247
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 126 of 247
85 Page 127 of 247
AGENDA REPORT
FOR: City Council November 9, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - 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:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) along with the Port of Pasco (Port) have worked together
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 tophases of three into work of priority construction expedite
segments of the project. The first phase constructed improvements on Argent
Road from Saraceno Way/Varney Lane to 20th Avenue. Phase 2 will improve
the intersection at Argent Road and Road 36 and is currently in the final stages
of from construction. Phase 3 will construct improvements Saraceno
Page 128 of 247
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 authorized the City Manager to
execute the Interlocal Agreement (ILA) with the Port.
On October 8, 2020, Council approved Amendment No. 1 to the ILA with the
Port modifying the previously approved ILA to allow the Port the 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 A venue 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 FAA approval which is anticipated. Subsequent to that
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:
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 129 of 247
Resolution
Port of Pasco ILA Amendment No. 3 for the Argent Rd. Project - 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 together with the Port and Columbia Basin Community College,
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 the 21st day of February 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 the 8th day of October 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 the 16th day of August 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:
Section 1. That the subject agreement is amended and will be modified as described within
Exhibit A attached hereto to adjust the donated right-of-way.
Section 2. 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.
Page 130 of 247
Resolution
Port of Pasco ILA Amendment No. 3 for the Argent Rd. Project - 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 Attorney
Page 131 of 247
AMENDMENT NO. 3 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 _________, 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 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.”
Page 132 of 247
NOW, THEREFORE;
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
________________________ __________________________
Dave Zabell, City Manager Randy Hayden, Executive Director
Attest:
________________________
Debby Barham, City Clerk
Approved as to form:
_________________________
Kerr Ferguson Law, PLLC, City Attorney
Page 133 of 247
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 134 of 247
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 135 of 247
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 136 of 247
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 137 of 247
,rr~*3 .,
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”""‘-1'!—'”=‘—En:':g a
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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'
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ILA Port of Pasco
Argent Road Phase 1.N0.I200]
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Janeuesalazar?onlem
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Stateo??gdhgton
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Debby Barham,City Clerk
0 Form:
Atteslz
Page 138 of 247
PHASE 2
NOW LEASIN
PHASE1
NOW LEASIN
?reStation
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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 139 of 247
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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 140 of 247
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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 141 of 247
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 142 of 247
Page 143 of 247
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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 144 of 247
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 145 of 247
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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
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Page 146 of 247
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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 147 of 247
Page 148 of 247
8th
Page 149 of 247
10/8/20
Page 150 of 247
(;+,%,7$Page 151 of 247
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 152 of 247
8/25/21
Page 153 of 247
AGENDA REPORT
FOR: City Council November 7, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - 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:
Discussion
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.
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:
Page 154 of 247
• 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:
City Staff recommends approval of the proposed PSA Amendment with PBS
Engineering & Environmental, Inc. in the amount of $957,661.00.
Page 155 of 247
Resolution – Broadmoor TIF and Interchange Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE 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 with
respect to the Broadmoor TIF and Interchange projects; 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 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 156 of 247
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
EXHIBIT A
Page 157 of 247
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 158 of 247
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 159 of 247
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 160 of 247
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
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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 162 of 247
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.
Page 163 of 247
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 7 of 14
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.
Page 164 of 247
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 8 of 14
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
Page 165 of 247
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 9 of 14
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
Page 166 of 247
City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 10 of 14
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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City of Pasco
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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City of Pasco
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 12 of 14
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
Broadmoor TIF – Final Design Projects 1 and 2
October 2022
Page 13 of 14
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 171 of 247
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 172 of 247
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
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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
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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
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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 176 of 247
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 177 of 247
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
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PBS Engineering &Environmental,Inc.
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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 179 of 247
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 180 of 247
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 181 of 247
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 182 of 247
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 183 of 247
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 184 of 247
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 185 of 247
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 186 of 247
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 187 of 247
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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Page 188 of 247
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 189 of 247
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 190 of 247
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 191 of 247
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 192 of 247
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 193 of 247
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Page 194 of 247
‘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 195 of 247
AGENDA REPORT
FOR: City Council November 7, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - 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:
Discussion
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 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 Butterf quality, ield, reviewed past water evaluated
Butterfield performance and condition, evaluated alternatives for water treatment
processes, and developed a capital improvements plan (CIP) that included
repair and replacement projects for Butterfield. During the 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
Page 196 of 247
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 and milfoil, and prepare an alternate sequence of phased
quality and facility water new improvements Butterfield to that prioritizes
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 problematice 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:
City staff recommends approval of Amendment No. 3 with Carollo Engineers,
Inc. in the amount of $59,866.00.
Page 197 of 247
Resolution – Amendment No. 3 to PSA with Carollo Engineers, Inc. - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE 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
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Amendment No. 3 to Professional Services Agreement Page 1
Carollo Engineers, Inc.
Butterfield Water Treatment Plant Facility Plan
AMENDMENT No. 3 to
PROFESSIONAL SERVICES AGREEMENT
Butterfield Water Treatment Plant Facility Plan
Project No. 20250
AGREEMENT NO. 20-020
WHEREAS, the City and Carollo Engineers, Inc., entered into a Professional Services
Agreement on 7/24/2020 to provide engineering services with respect to the Butterfield Water
Treatment Plant Facility Plan project.
WHEREAS, the City and Carollo Engineers, Inc., entered into Amendment No. 1 on
3/1/2021 to add professional engineering services.
WHEREAS, the City and Carollo Engineers, Inc., entered into Amendment No. 2 on
12/29/2021 to add professional engineering services and add additional time of performance.
NOW, THEREFORE, this agreement is amended to allow Carollo Engineers, Inc., to
provide additional professional engineering services and add additional time of performance.
1.Scope of Work:
See Exhibit A.
2.Fee:
The compensation for the additional work is based on Time and Materials and is in the
amount of $59,866.00, increasing the overall total authorization amount to
$348,952.00. See Exhibit B for full breakdown.
3.Time of performance:
The services shall now be complete for the project on or before 12/31/2023.
DATED THIS _______ DAY OF ________, 2022.
CITY OF PASCO: CONSULTANT
City of Pasco Carollo Engineers, Inc.
Steve M. Worley, Public Works Director Jim Meyerhofer – Principal
EXHIBIT A
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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.
Page 204 of 247
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
Page 205 of 247
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 206 of 247
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.
Page 207 of 247
EXHIBIT B
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AGENDA REPORT
FOR: City Council November 7, 2022
TO: Adam Lincoln, Interim City Manager City Council Workshop
Meeting: 11/14/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - 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:
Discussion
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:
Street Lewis existing the replaces project Overpass Street Lewis The
undercrossing, constructed under the BNSF Railyard in 1937, with a new bridge
over the railyard.
On March 1, 2021, Council awarded the Lewis Street Overpass construction
contract Casto amount the in WA Vancouver, Bridge, LLC of cade of
$22,344,999.88.
Page 231 of 247
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 were subgrade poorly compacted as buildings well as
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:
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.
Page 232 of 247
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.
Page 233 of 247
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
Page 234 of 247
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 235 of 247
• 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 236 of 247
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 237 of 247
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 238 of 247
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 239 of 247
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 240 of 247
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 241 of 247
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 242 of 247
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 243 of 247
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 244 of 247
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 245 of 247
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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