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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 Page 1 of 247 196 - 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 Page 2 of 247 This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 3 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 - 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%). Page 4 of 247 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. Page 5 of 247 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 Page 6 of 247 EXHIBIT A Page 7 of 247 Page 8 of 247 Page 9 of 247 Page 10 of 247 Page 11 of 247 Page 12 of 247 Page 13 of 247 Page 14 of 247 Page 15 of 247 Page 16 of 247 Page 17 of 247 Page 18 of 247 Page 19 of 247 Page 20 of 247 Page 21 of 247 Page 22 of 247 Page 23 of 247 Page 24 of 247 Page 25 of 247 Page 26 of 247 Page 27 of 247 Page 28 of 247 Page 29 of 247 Page 30 of 247 Page 31 of 247 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal,Inc. November 16, 2015 EXHIBIT B Page 32 of 247 Table of Contents RECITALS,AGREEMENT,DEFINITIONS ............................................................... ... ..1 AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT ..............1 TERM;AUTOMATIC EXTENSIONS ...................................................................... ...... ..1 3.1. 3.2.Automatic Extensions ............................................................... ....................... .. SCOPE OF WORK ................................................................. .......................................... ..2 4.1.General Terms and Conditions ................................................................... ..... ..2 4.2.City Service Area .......................................................... ................................... ..2 4.3.Sole and Exclusive Solid Waste Service Provider ...2 4.4.Annexation .............................................................. ......................................... ..3 4.5.Unsafe Conditions at Pick-Up Locations ...........................................................4 4.6.Hours/Days of Operation ............................................................. .................... ..4 4.7.Employee Conduct .................................................................. ......................... ..4 4.8.Disabled Persons Service.......5 4.9.Holiday Schedules .................................................................. ......................... ..5 4.10.Inclement Weather and Other Service Disruptions ...........................................5 4.11.Suspending Collection from Problem Customers ..............................................5 4.12.Missed Collections .................................................................. ......................... ..6 4.13.Schedule of Solid Waste Collection .............. 4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and Equipment ............................................... 4.15.Residential Carts and Containers Inventory ......................................................7 4.16.Ownership of Equipment ......................................................................... ........ ..7 4.17.Spillage ................................................................. ........................................... ..7 4.18.Disruption Due to Construction .................................................................. ..... ..7 4.19.Site Planning Assistance ............................8 4.20.Safeguarding Public and Private Property .........................................................8 4.21.Company Name .......................................................... ..................................... ..8 4.22.Coordination between City and Contractor .......................................................8 4.23.Disposal Restrictions and Requirements ...........................................................9 4.24.Disposal Site for Solid Waste .................9 4.25.Adjustment of Service Level for Certain Customers .........................................9 Comprehensive Solid Waste Collection Agreement Page ii Page 33 of 247 4.26.Violation of Ordinance .............................................................. ...................... ..9 4.27.Public Information .................................................................. ......................... ..9 4.28.Compaction of Solid Waste ...................................................................... ..... ..l0 SOLID WASTE SERVICE .................................................................... ........................ ..10 5.1 .Residential Service .................................................................. ....................... ..10 5.1 .1.Residential Customer Solid Waste Service ......................................................10 5.1.2.Residential Carts .................................................................... ........................ ..10 5.1.3.Senior,Low Income Discount .....1l 5.1.4.Household Hazardous Waste Program ............................................................13 5 .2.Commercial Service .............................................................................. ......... ..13 5.2.1.Commercial Customer Solid Waste Service ....................................................13 5.2.2.Commercial Containers .......................................................................... ....... ..14 5.2.2.1 Container Types .................................................................... ......................... ..14 5.2.2.2.General Terms and Conditions Applicable to Commercial Containers ...........14 5.2.2.3.Additional Fees ..................................................................... ........ ......15 5.2.2.4.Customer-Owned Drop-Box Containers ..........................................................15 5.3.Temporary Solid Waste Service Plans .............................................................16 5.4.Solid Waste Service to City Properties and Facilities .....................................16 5.5.Recyclable Materials and Green Waste ...........................................................17 5.6.Miscellaneous Solid Waste Services ...............................................................17 5.7.Customer Service 18 5.7.1.Customer Service Of?ce .........................................18 5.7.2.Complaints ......................................................................... ............................ ..18 5.7.3.Emergency Contact ............................................................................... ......... ..19 5.8.Reports ............................................................................ ............................... ..l9 COMPENSATION ............................................................................ ............................. ..19 6.1.Basis for Determination of Solid Waste Service Rates ...................................l9 6.2.Compensation for Solid Waste Services .................19 6.3.Adjustment to Solid Waste Service Rates .......................................................20 6.3.1.Annual Rate Adjustment ............................................................. ................... ..20 6.3.2.Adjustments to Tipping Fees and Disposal Fees .............................................20 6.3.3.Fuel Expense Adjustments ........................................................... .................. ..21 6.3.4.Annual Rate Adjustment Cap .................................................................... .... ..21 6.3.5.Solid Waste Disposal Cost Adjustment ...........................................................22 Comprehensive Solid Waste Collection Agreement Page iii Page 34 of 247 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 Page iv Page 35 of 247 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 Page V Page 36 of 247 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”). Comprehensive Solid Waste Collection Agreement Page 1 Page 37 of 247 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 Page 2 Page 38 of 247 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 Comprehensive Solid Waste Collection Agreement Page 3 Page 39 of 247 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 Comprehensive Solid Waste Collection Agreement Page 4 Page 40 of 247 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 Comprehensive Solid Waste Collection Agreement Page 5 Page 41 of 247 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 Comprehensive Solid Waste Collection Agreement Page 6 Page 42 of 247 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. Comprehensive Solid Waste Collection Agreement Page 7 Page 43 of 247 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. Comprehensive Solid Waste Collection Agreement Page 8 Page 44 of 247 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. Comprehensive Solid Waste Collection Agreement Page 9 Page 45 of 247 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 Comprehensive Solid Waste Collection Agreement Page 10 Page 46 of 247 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 Comprehensive Solid Waste Collection Agreement Page 11 Page 47 of 247 (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. Comprehensive Solid Waste Collection Agreement Page 12 Page 48 of 247 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. Comprehensive Solid Waste Collection Agreement Page 13 Page 49 of 247 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 Comprehensive Solid Waste Collection Agreement Page 14 Page 50 of 247 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 Comprehensive Solid Waste Collection Agreement Page 15 Page 51 of 247 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. Comprehensive Solid Waste Collection Agreement Page 16 Page 52 of 247 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 Comprehensive Solid Waste Collection Agreement Page 17 Page 53 of 247 (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. Comprehensive Solid Waste Collection Agreement Page 18 Page 54 of 247 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. Comprehensive Solid Waste Collection Agreement Page 19 Page 55 of 247 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. Comprehensive Solid Waste Collection Agreement Page 20 Page 56 of 247 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). Comprehensive Solid Waste Collection Agreement Page 21 Page 57 of 247 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 Comprehensive Solid Waste Collection Agreement Page 22 Page 58 of 247 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 Comprehensive Solid Waste Collection Agreement Page 23 Page 59 of 247 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 Comprehensive Solid Waste Collection Agreement Page 24 Page 60 of 247 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. Comprehensive Solid Waste Collection Agreement Page 25 Page 61 of 247 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. Comprehensive Solid Waste Collection Agreement Page 26 Page 62 of 247 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 Comprehensive Solid Waste Collection Agreement Page 27 Page 63 of 247 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. Comprehensive Solid Waste Collection Agreement Page 28 Page 64 of 247 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 Comprehensive Solid Waste Collection Agreement Page 29 Page 65 of 247 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 Page 30 Page 66 of 247 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 Page 31 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 Page 68 of 247 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 eeweneaeaasegmuam Rates in this item are subject to Disposal Fees named in Item 230. Temporary Service.means providing Drop Box service at the customers request,for a period of ninety days or less. Permanent Service:means Drop Box service provided at customers request for more than 90 days. For Pennanent Service accounts,if a Drop Box is retained by a customer for a full month and no pickups are ordered,a Minimum Monthly Charge will be assessed Restart subject to Item 51 —Restart Charge -Drop Box. Rates named in this item apply for all hauls within the City Limits of Pasco,to the disposal site Any miles driven outside t.he City limits of Pasco will be charged for at§.25 per mile.Mileage Charge is in addition to all regular clmrges. A Prepayment will be assessed on Temporary Service accounts as noted above. Accessurial charges assessed {lids}unlocking,unhtchlng,eIc.)_ Note 7: Note 8. A can Charge or 33.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access 2:Cart or Container. A Trip Charge of S§.00 will be assessed when the company driver makes a trip to the customers location,but.due to reasons under the control of the customer,was not able to complete the haul Comprehensive Solid Waste Collection Agreement,Exhibit C Page 21 Page 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 ., ~—_<__Y "7"'- .C‘3:‘ 4 C4 ”""‘-1'!—'”=‘—En:':g a (J- Dave Zabe .'anager CITY OF PASCO,WASHINGTON PORT OF PASCO,WASHINGTON 3063- Kerr F ;;on Law,PLLC,City Attorney STATE OF WASHINGTON ) :ss. County of Franklin ) On this day personally appeared before me Dave Zabeil,City Manager of the City of Pasco,to be known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. hand and official seal day 2020. N ARY PUBLIC‘in and for the State of Washington esiding at: My CommissionExpires: «J g!1-K STATE OF WASHINGTON ) :ss. County of Franklin ) On this day personally appeared before me lv"--"‘-‘~\‘\'\=-I-=.l*'\,l’7°-i.\'§«\,Port of Pascn, Washington,to be known to be the individual described in and tho cx cutcd the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2020. NOTARYPUB’_[:l(.‘in and for the State ofwashington Residing at:t" My Cotntnission Expires:l Page 5 of 6 if:Lf3i' ‘C‘Lr ILA Port of Pasco Argent Road Phase 1.N0.I200] ..‘\1_\, Janeuesalazar?onlem Nolalyhlslc Stateo??gdhgton nynppovmmapnnmnuaua ofthis 1 2;,.£. Debby Barham,City Clerk 0 Form: Atteslz Page 138 of 247 PHASE 2 NOW LEASIN PHASE1 NOW LEASIN ?reStation "K Tri-Cities Airport Exhibit A -Tri-Cities Airport Business Center I Columbia Basin College m><£2 ILA —Port of Pasco Argent Road -Phase 1,No.12001 Page 6 of 6 omUmom PHASE Page 139 of 247 'I I I ’-' I I ‘I I1 II ... _,-.._,_ H I ..' H I ‘I _I fl I I I ' -II '"I ‘I I "J..H‘'. £\|..H.I x'\'''. IH \.I .I -- 'v.I I)I I I.III: III . I..I. ' I I _I .I IV I I HI 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 ...h .. I. |_ I II I n -' .. |.= I . 1' -I‘I ..... I ‘L . I H - .. '' 7:— II |.. .-. ':\|| 4‘n . n I In ... 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 u ‘|~_--: H I .J .5,. I I I I 2|H '2 . "...J ,‘ “.__,. u . _ I :nu. ‘. . _ I. .:.“..w n 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 .,/.4//— (EC %:%DMZ _ GRANTOR: Port of Pasco GRANTEE: City of Pasco upon Grantor’s Property for accommodation of construction equipment and materials necessary for the completion of the Project as hereinabove de?ned. 2.Hold Harmless.Grantee agrees to fully indemnify and hold Grantor, it's successors and assigns,harmless from and against any and all injury and damage claims,demands,obligations,judgments,award,expenses,and liabilitie sofanyandeverykind,including without limitation attorney’s fees and all litigatio ncostsandexpenses,which may be made or rise against or be incurred by Grantor from,due to,or related to Grantee’s conduct or activities on or about Grantor’s Property,and/or conduct or activities of Grantee’s employees,agents,invitees, contractors,and any other persons who may come upon or be at or near Grantor’s Property on behalf of Grantee or because Grantee is using this easement. 3.Term.This Temporary Construction Easement shall terminate upon completion of the Project. 4.Attorneys’Fees.Should it be necessary for either party to enforce their rights under this agreement,then in the event of litigation,the prevailing party shall be entitled to recover and collect all costs and reasonable attorney’s fees as determined by the court resolving the litigation. 5.Successors and Assigns.Without limiting the generality of the foregoing,the rights and obligations of the parties shall inure to the bene?t of and be binding upon their respective successors and assigns. Temporary Construction Easement -3 | Page 146 of 247 .2! (M;MH M W V“VA Mm gwh,E071/\% e~dommre Satazcw’Poww ro@cmwuX 01 on»/306$ 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 Page 161 of 247 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. Page 167 of 247 City of Pasco Broadmoor TIF – Final Design Projects 1 and 2 October 2022 Page 11 of 14 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. Page 168 of 247 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: Page 169 of 247 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. Page 170 of 247 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 Page 173 of 247 3.2 No payment shall be made for any services rendered by the Consultant except for services identi?ed and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performedunder this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought.The City shall approve all invoices before payment is issued.Payment shall occur within thirty (30)days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement,as follows. ><Hourly (Multiple Rate):Such rates as identi?ed on Exhibit B,plus actual expenses incurred as provided under this Agreement,but not to exceed a total of $262 672.00 without the prior written authorization by the City. 4.Re orts and Ins ections. 4.1 The Consultant at such times and in such forms as the City may require,shall furnish to the City such statements,records,studies,surveys,reports,data,and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall,at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary,make available for examination all of its records and data with respect to all matters covered,directly or indirectly,by this Agreement and shall permit the City,or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement.The City shall receive a copy of all audit reports made by the agency or ?rm as to the Consultant’s activities.The City may, at its discretion,conduct an audit at its expense,using its own or outside auditors, of the Consultant’s activities which relate,directly or indirectly,to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant,during the term of this Agreement,shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense,and shall maintain its validity.Upon request,the Consultant shall deliver to the City copies of these licenses,registration documents,and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books,records and documents,which suf?ciently and properly re?ect all direct and indirect costs related to the performance of this Agreement,and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. Professional Services Agreement PBS Engineering &Environmental,Inc.Agreement No.22-025 Broadmoor TIF 30%Plans Page 2 of 9 Page 174 of 247 4.5 These records shall be subject,at all reasonable times,to inspection,review,or audit as provided above. The Consultant shall retain all books,records,documents or other material relevant to this Agreement for three (3)years after its expiration.Consultant agrees that the City,or its designee,shall have full access and right to examine any of said materials at all reasonable times during this period. 5.Ownershi and Use of Documents. 5.1 5.2 All research,tests,surveys,preliminary data,information,drawings and documents made,collected,or prepared by the Consultant for performing the services subject to this Agreement,as well as any ?nal product,collectively referred to as “work product,”shall be deemed as the exclusive property of the City,including copyright as secured thereon.Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City.Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement,or embedded in with the materials,products and services provided thereunder,shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement.Any work product used by the Consultant in the performance of these services which it deems as “confidential,”“proprietary,”or a “trade secret”shall be conspicuously designated as such. In the event of Consultant’s default,or in the event that this Agreement is terminated prior to its completion,the work product of the Consultant,along with a summary of the services performed to date of default or termination,shall become the property of the City,and tender of the work product and summary shall be a prerequisite to ?nal payment under this Agreement.The summary of services provided shall be prepared at no additional cost,if the Agreement is terminated through default by the Consultant.If the Agreement is terminated through convenience by the City,the City agrees to pay Consultant for the preparation of the summary of services provided. 6.Public Records. 6.1 6.2 Professional Services Agreement PBS Engineering &Environmental,Inc. Broadmoor TIF -30%Plans Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.”All preliminary drafts or notes prepared or gathered by the Consultant,and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. If the Consultant becomes a custodian of public records of the City and request for such records is received by the City,the Consultant shall respond to the request by the City for such records within ?ve (5)business days by either providing the records,or by identifying in writing the additional time necessary to provide the Agreement No.22-025 Page 3 of 9 Page 175 of 247 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 Page 6 of 9 PBS Engineering &Environmental,Inc. Page 178 of 247 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. P8SUSA.CO:\ri"*'BS.JS?-.('rT.)M415W-5TH STREET :»UlTE fa-'i,|‘l I VANCOUVER WA ‘)8-‘>60 I 3t3L){3‘3S>'4E‘8l\/1l\l|\JI mz?7&7 0140 FAX I P u .3. 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 usm:mm.muur norroumnuuu-urru-rs nuvcronuwnuuu -SURVEY LIMIT Inl.rrv luwrv uvrvi 0 Additional topographic survey will be performed at the following locations: :u.r-aw 1»an 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 1.,,‘ ‘ ,,‘x .5:.ii:.; E 9 =_m:_.On 5;.Ex .9 nazmicnzoz Srzeaaznzain:m mz<so::nz.—E 3m<-mi >23 uon¢2nz..>.._oz93.3..W.»0no.nn.::nm_m:n_:nm::mMaxscszn.:n_z:_.!n w...umm:5n:4:“.mo:Oman: new0019nor .n .3 >2. m=._E_S E no=:un.5“.56..”Pm"Z_mn::ra?x Fm"_Sm:m niunn.n8a:_:_§Ea EH32..2.2::_:<9n.:u_._n13 Emu mmunimm._5:x~,rm=2._:.3.9%Zun,.1 ..1 Am.:.=m_nmu."mo1n~nu:n Ennis _3n:5_:u_.S 5.8 .8 8 3.8 8 a who Nb Fae.m.mmo.8 5.398 Soon 3 53.8 5~S.S 9.2505 Fans-. mtg:M-.O.ao1.$=n..!..o!§MES n=niQ!.<=.1.ln_..<MES M333...M30501:8;nth.£55 «cilia ‘urinal E hula:Disl- ‘D'0 wewe «S558 mur.3.S 3.3.8 mzi?S 333 8 msmmaB 353.8 MOS m..a,._8w,.2m _.B..l.t:_i:..:..sa.:....u:..L m :..§_.E .a.mS,8 9» 3:FxaczmESXmeta::33~32 bE.§am m _..w5a8 m .88 3.:-go:.«I_:.1 95.35:mesamE:«E .1m$=..r P.C newbutucucn_I<O_. 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 Page 198 of 247 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 Page 199 of 247 The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 1 of 6 THE CITY OF PASCO, WA AMENDMENT NO. 3 - SCOPE OF WORK Butterfield Water Treatment Plant – Resiliency Plan BACKGROUND Carollo engineers has worked with the City of Pasco to develop a Facility Plan for the Butterfield Water Treatment Plant. The development of this plan involved a multi-year process that established performance goals for Butterfield WTP, reviewed past water quality, evaluated WTP performance and condition, evaluated alternatives for WTP processes, and developed a capital improvements plan (CIP) that included repair and replacement projects for the WTP. During the summer of 2021, while the sequencing of the identified CIP projects was being developed, the City and other utilities that utilize water from the Columbia River in this area experienced unprecedented raw water quality issues associated with record algae and aquatic plant (milfoil) growth and the presence of trace levels of cyanotoxins. PURPOSE AND OBJECTIVES The purpose of this project is to analyze the data from 2021 and 2022 with respect to cyanotoxins and milfoil, and prepare an alternate sequence of phased replacement of the Butterfield WTP that prioritizes meeting new water quality and facility operational challenges caused by climate-change. This alternate sequence of phased replacement could be initiated by the City at some point in the future if needed. Having this information on-hand will help the City be better prepared for more frequent and greater intensity algae and aquatic plant growth as well as cyanotoxins in the Columbia River. Accordingly, this project will address the following objectives: Summarize the water quality and events related to the observed increase in cyanotoxins, algae, and aquatic plants. Provide recommendations to address the observed challenges. Incorporate these recommendations into the overall facility plan in a logical fashion via a supplement, appended to the 2022 Butterfield WTP Facility Plan. SCOPE OF WORK To achieve the objectives outlined above, this scope of work is organized into four tasks. Task 100 – Project Management Task 700 – Algae and Cyanotoxin TM Task 800 – Aquatic Plant Life TM Task 900 – Facility Plan Supplement This section summarizes these tasks and assumptions that define this scope of work. EXHIBIT A Page 200 of 247 EXHIBIT A The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 2 of 6 General Assumptions 1. Workshops will be held virtually unless otherwise stated in specific scope task descriptions. 2. TMs will be provided for the CITY’s review in draft version. Final versions of the TMs will incorporate the CITY’s review comments. Draft chapters will be provided in Microsoft Word format and review comments shall be provided electronically, in 'track changes' mode, where possible. 3. The final TMs and Supplement will be provided in electronic copy (.pdf) and transmitted via email or secure file transfer. 4. Meeting notes and related materials will be transmitted electronically (.pdf and/or .docx) via email. 5. The CITY will print and produce paper copies of all documents as necessary for its use. 6. Standard of Care. The CONSULTANT shall complete the Scope of Services hereunder, in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Washington. 7. Opinions of Probable Construction Cost: OPCC’s will include simplified estimating factors including scope and cost estimating contingency factors and an expected accuracy range consistent with prescribed AACE metrics. 8. Estimates and Projections. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, the CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the CONSULTANT makes no warranty that the CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT’s opinions, analyses, projections, or estimates (OPCCs). 9. Third Parties. The services to be performed by the CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to the Agreement shall be entitled to rely on the CONSULTANT's performance of its services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of the Agreement or the performance of the CONSULTANT's services hereunder. CITY Deliverables and Expectations CITY-Provided Information and Services. The CITY shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT's services; obtain or authorize the CONSULTANT to obtain or provide additional reports and data as required; furnish to the CONSULTANT services of others required for the performance of the CONSULTANT's services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by the CITY or others in performing the CONSULTANT's services under this Scope of Work. Page 201 of 247 EXHIBIT A The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 3 of 6 The CITY will perform/provide the following items for this work: 1. Coordination and review with local jurisdictions and state regulatory agencies. 2. Plant access, staff interviews, and feedback on existing plant condition, operational concerns, and plant performance. 3. The CITY will provide available data, as requested by CONSULTANT, through a formal data request. Data request will generally include the following types of data:  Data related to plant performance and Columbia River cyanotoxin occurrence during the summer of 2021.  Specific data related to plant intake performance, including raw water flow rates and air burst cleaning frequency and cleanings performed by divers.  Information and documented discussions with WA Department of Health (DOH)  Existing data, reports, and other available information related to previous condition assessment studies, resiliency studies, and other plant related items.  Existing asset information, O&M manuals, and related information. 4. Review of CONSULTANT deliverables.  The CITY’s comments on submitted draft chapters will be provided in a single, compiled, track changes word document at the end of the allotted review period.  The CITY’s project manager will compile and edit as needed prior to distribution to the CONSULTANT to eliminate and resolve conflicting comments. CONSULTANT will incorporate and address comments. Task 100 - Project Management The purpose of this task is to manage all activities and maintain the project within the contracted scope, schedule, and budget. This includes project administration, monthly invoicing, client and team coordination and quality assurance/quality control review necessary to successfully complete the Project to the CITY’s expectations. 101. Monthly Progress Reports and Invoices Prepare and submit monthly activity reports showing current project scope, budget and schedule status and identifying key issues, or elements of the project that will need to be addressed in the following weeks. Earned value management metrics will be applied to inform project performance based on the established scope, schedule, and budget. An electronic version of the monthly progress reports and invoices will be sent to the CITY for review and approval. 102. Team Coordination Manage the project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, time and budget needed to complete the project. Assumptions: 1. The total length of the project is 4 months from NTP to delivery of the draft Supplement. 2. Invoices will be submitted to the CITY monthly, based on project activity. Page 202 of 247 EXHIBIT A The CITY of Pasco - Butterfield WTP Facility Plan Project SOW Page 4 of 6 Meetings/Workshops: 1. None. Deliverables: 1. Data request list. 2. Six (6) monthly progress reports and invoices. 3. Meeting materials and notes. Task 700 - Algae and Cyanotoxin TM The purpose of this task is to develop a TM that provides background on algae and cyanotoxin occurrence, summarizes recent events in the Columbia River, and develops recommendations to be incorporated into the Butterfield WTP CIP developed in the Facility Plan. 701. Develop Algae and Cyanotoxin TM Development of the Algae and Cyanotoxin TM will include the following elements and activities: 1. General cyanotoxin perspective. Summarize the trends of cyanotoxin occurrence nationally and discuss regulatory approach/levels for states that are regulating. Discuss the local regulatory climate and potential for future regulation. 2. Summary of Summer 2021. Review and summarize pertinent water quality data from the summer of 2021, as well as information exchanged between the City and WA Department of Health (DOH) regarding the presence of cyanotoxins in the Columbia River. 3. Recommendations. Provide an overview of the impacts of algae and cyanotoxins and recommendations for monitoring and addressing future algae and cyanotoxin challenges. Discuss options/impacts of WTP modifications to address algae and cyanotoxins, as needed, as well as potential adjustments to the order or timing of construction of treatment facilities. The TM will include capital cost, layout, hydraulic, and power load considerations for the recommended improvements. 4. The above activities will be developed into the draft Algae and Cyanotoxin TM. 5. After meeting with the City, the TM will be finalized, incorporating City comments. 702. Meeting – Cyanotoxin Recommendations Present summary of Algae and Cyanotoxin TM and discuss implications. Following the meeting, comments from the City will be incorporated and TM will be finalized. Assumptions: 1. Cyanotoxin Recommendations Meeting will be held virtually and will be attended by CONSULTANT's Project Manager, Project Engineer, one professional level staff. Meeting duration to be 2 hours. Meetings/Workshops: 1. Meeting – Algae and Cyanotoxin Recommendations. Deliverables: 1. Draft and Final Algae and Cyanotoxin TM. Page 203 of 247 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 Page 208 of 247 Page 209 of 247 Page 210 of 247 Page 211 of 247 Page 212 of 247 Page 213 of 247 Page 214 of 247 Page 215 of 247 Page 216 of 247 Page 217 of 247 Page 218 of 247 Page 219 of 247 Page 220 of 247 Page 221 of 247 Page 222 of 247 Page 223 of 247 Page 224 of 247 Page 225 of 247 Page 226 of 247 Page 227 of 247 Page 228 of 247 Page 229 of 247 Page 230 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 - 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. Page 246 of 247 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. Page 247 of 247