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HomeMy WebLinkAbout2023.02.06 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, February 6, 2023 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (415) 655-0060 and use access code 307-404-066. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 20 (a) Approval of Meeting Minutes for January 17th and 23rd To approve the minutes of the Pasco City Council Regular Meeting held on January 17, 2023 and, Special Meeting and Regular Workshop held on January 23, 2023. 21 - 22 (b) Bills and Communications Page 1 of 251 To approve claims in the total amount of $10,146,833.14 ($6,446,084.18 in Check Nos. 253393-253846; $1,517,127.18 in Electronic Transfer Nos. 838813-838824, 838826, 838828-838870, 838875-838897, 838930-839003, 839005-839115, 839120-839131, 839133, 839135-839166, 839168-839206; $30,557.92 in Check Nos. 54240-54262; $2,153,063.86 in Electronic Transfer Nos. 30185254 - 30186430). 23 - 28 (c) Resolution No. 4305 - Wastewater Treatment Plant Improvements Phase 2A Sole Source Purchase To approve Resolution No. 4305, waiving the competitive bidding requirements and approving the purchase of Allen Bradley Motor Control Centers for the Wastewater Treatment Plant Improvements Phase 2A Project. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 29 - 30 (a) Proclaiming February 2023 as "Black History Month" Mayor Barajas and Councilmember Brown will read and present the proclamation proclaiming February 2023 as, "Black History Month" in Pasco, Washington to Ms. Chaune' Fitzgerald from the Washington African American Chamber of Commerce Tri-Cities. 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 31 - 35 (a) Public Hearing for Mendoza Right-of-Way Vacation (VAC 2022- 007) OPEN AND CONTINUE A PUBLIC HEARING Page 2 of 251 MOTION: I move to continue the public hearing to the Regular Council meeting of February 21, 2023, to consider vacating rights-of-way for South 5th Avenue. 36 - 40 (b) Public Hearing for Jubilee Foundation Right-of-Way Vacation (VAC 2022-009) OPEN AND CONTINUE A PUBLIC HEARING MOTION: I move to continue the public hearing to the Regular Council Meeting of February 21, 2023 to consider a request to vacate rights - of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street. 41 - 49 (c) Public Hearing for Burnham Wastewater Treatment Agreement – Process Water Reuse Facility (PWRF) Pretreatment Improvement Phase 3 Project CONDUCT A PUBLIC HEARING 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 50 - 59 (a) Resolution No. 4306 - Third Work Acceleration Agreement for the PWRF Pretreatment Improvements MOTION: I move to approve Resolution No. 4306, authorizing the City Manager to execute a third (3rd) Work Acceleration Agreement with Burnham SEV Pasco, LLC for the Anaerobic Digestion and Renewable Natural Gas Project related to the Process Water Reuse Facility (PWRF) Phase 3 Project. 60 - 105 (b) Q Ordinance No 4637 - Eickmeyer/Roundy - Zoning Determination of Annexed Property (ZD 2022-002) MOTION: I move to adopt Ordinance No. 4637, assigning zoning to the Eickmeyer/ Roundy annexation area, as recommended by the Hearing Examiner and, further, authorize publication by summary only. 106 - 169 (c) Q Ordinance No. 4638 - Alford/Cole - Zoning Determination of Annexed Property (ZD 2022-003) MOTION: I move to adopt Ordinance No. 4638, assigning zoning to the Alford/Cole annexation area as recommended by the Hearing Examiner and further, authorize publication by summary only. 170 - 176 (d) Ordinance No. 4639 - 2023 Revenue Bond for LID No. 151 Debt Service MOTION: I move to adopt Ordinance No. 4639, relating to Local Improvement District No. 151; fixing the terms of the Local Page 3 of 251 Improvement District No. 151 Bond; providing for the purchase of such Bond by the City from funds on deposit in the City’s Equipment Replacement Fund; and fixing the term of and interest rate on Local Improvement District No. 151 assessment installments. 177 - 193 (e) Ordinance No. 4640 - Amending the Pasco Municipal Code, Chapter 13.80 Related to Stormwater MOTION: I move to adopt Ordinance No. 4640, amending the Pasco Municipal Code, Chapter 13.80 " Storm Water Management Utility", specifically, section 13.80.120 "Authorized Discharges"; amending section 13.80.130 "Permitted Discharges." 194 - 249 (f) Resolution No. 4307 - Supplement No. 1 to Professional Services Agreement for Construction Management Services for Citywide with Anderson Perry MOTION: I move to approve Resolution No. 4307, authorizing the City Manager to execute Supplement No. 1 to the Professional Services Agreement with Anderson Perry & Associates, Inc. for the Citywide Traffic Signal Improvements Phase 2 project. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION - (20 minutes) (a) Consideration of site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b) (b) Consideration of the minimum offering price for sale or lease of real estate if there’s a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c) (c) Discussion with legal counsel about legal risks of current or proposed action per RCW 42.30.110(1)(i) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter Page 4 of 251 MF# “Master File #....” 250 - 251 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Monday, February 6th, 1:30 PM: Emergency Medical Services Board Meeting – Fire Training Center, 1811 S. Ely, Kennewick (COUNCILMEMBER PETE SERRANO, Rep.; COUNCILMEMBER IRVING BROWN, Alt.) • Wednesday, February 8th, 3:00 PM, Ribbon Cutting Ceremony (Hosted by Tri-City Regional Chamber) - Prime Dental Pasco, 6005 Burden Boulevard, Pasco • Thursday, February 9th, 7:00 PM: Ben Franklin Transit Board Meeting – Benton County Administration Building (COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) • Friday, February 10th, 5:30 PM-7:30 PM, Council Mini- Retreat - Courtyard by Marriott Pasco Tri-Cities Airport, 2101 W. Argent Road, Pasco • Monday, February 13th, 12:00 PM: Pasco Chamber of Commerce Lunch Meeting - Pasco Red Lion 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 5 of 251 AGENDA REPORT FOR: City Council January 31, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Debra Barham, City Clerk Executive SUBJECT: Approval of Meeting Minutes for January 17th and 23rd I. REFERENCE(S): 01.17.2023 & 01.23.2023 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on January 17, 2023 and, Special Meeting and Regular Workshop held on January 23, 2023. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 251 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, January 17, 2023 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: None Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for January 3rd and 9th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on January 3, 2023 and January 9, 2023 respectively. Bills and Communications To approve claims in the total amount of $10,466,439.66 ($8,555,945.33 in Check Nos. 253145-253392; $822,073.32 in Electronic Transfer Nos. 838898-838902, 839004; $19,560.53 in Check Nos. 54227 -54239; $1,068,860.48 in Electronic Transfer Nos. 30184678-30185253). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total Page 1 of 8Page 7 of 251 amount of $202,319.45 and, of that amount, authorize $0.00 to be turned over for collection. Resolution No. 4298 - Setting a Public Hearing Date for Mendoza ROW Vacation (VAC 2022-007) To approve Resolution No. 4298, setting 7:00 P.M., Monday, February 6, 2023 as the time and date to conduct a public hearing to consider vacating right -of-way for a portion of South 5th Avenue. Resolution No. 4299 - Setting a Public Hearing for Jubilee Foundation Right- of-Way Vacation (VAC 2022-009) To approve Resolution No. 4299, setting 7:00 PM, Monday, February 6, 2023, as the time and date for a Public Hearing to consider the vacation of rights-of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street in Pasco, WA. MOTION: Councilmember Campos moved, seconded by Councilmember Serrano to approve the Consent Agenda as read. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano PROCLAMATIONS AND ACKNOWLEDGEMENTS Proclaiming Community Risk Reduction Week Mayor Barajas read and then presented the proclamation to Ben Shearer, Community Risk Reduction Coordinator and Firefighter with the Pasco Fire Department. VISITORS - OTHER THAN AGENDA ITEMS Charles Grimm, Pasco resident, expressed opposition to the retail sales of cannabis in C-2 zone. John Rosenau, Franklin County resident, expressed opposition to retail sale of cannabis in Pasco. Jim Raymond, Franklin County Sherriff, expressed opposition to retail sale of cannabis in Pasco and also commented on the Mental Health Tax. Eric Larson, Evergreen Investments, expressed support for the retail sale of cannabis in Pasco. Page 2 of 8Page 8 of 251 Rocky Mullen, Franklin County Commissioner, expressed opposition to retail sale of cannabis in Pasco. Leo Perales, Pasco resident, expressed opposition to the retail sales of cannabis in Pasco. An individual, commented on Green2Go, expressed support for the retail sale of cannabis in Pasco. Joe Cadda, Pasco resident, expressed opposition to the retail sales of cannabis in Pasco. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Campos reported on a Ben Franklin Transit Board meeting he recently attended. Ms. Roach commented on the Access event for MLK Jr day she attended. She also noted that the Hanford Communities is planning their budget and is seeking input. Mayor Barajas announced on National League of Cities (NLC) is one of five cities, from across the nation, that was selected to participate the NLC Mayors' Institute, which is focused on increasing public health and equity for this year. Benton Franklin Behavioral Health Advisory Committee Update Fire Chief Gear introduced Matt Rasmussen, Benton County Deputy Administrator and together they provided a brief status report on the newly formed Benton Franklin Behavioral Health Advisory Committee. Council, Chief Gear and Mr. Rasmussen further discussed the plan that Benton Franklin Behavioral Health Advisory Committee is developing. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Q Ordinance No. 4633 - Approval of Montez Rezone from R-2 to R-4 (Z 2022- 017) Mr. White provided a brief report on the proposed rezone. Mayor Barajas announced that the proposed Montez rezone from R-2 to R4 was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi- judicial items. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of Page 3 of 8Page 9 of 251 questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. MOTION: Councilmember Campos moved, seconded by Councilmember Brown to adopt Ordinance No. 4633, approving a rezone at 131 South Cedar Avenue from R-2 (Medium Density Residential) to R-4 (High Density Residential) and, further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Q Ordinance No. 4634 - Approval of ICCU Rezone from RT to C-1 (Z 2022-018) Mr. White provided a brief report on the proposed rezone. Mayor Barajas announced that the proposed ICCU rezone from RT to C-1 was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for quasi- judicial items. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. MOTION: Councilmember Campos moved, seconded by Councilmember Milne to adopt Ordinance No. 4634, approving a rezone from RT (Residential Transition) to C-1 (Retail Business District) and, further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No. 4300 & Ordinance No. 4635 - Change Order No. 11 for the West Pasco Water Treatment Plant and Budget Amendment Mr. Worley introduced Deputy Public Works Director Serra who provided a brief report on the West Pasco Water Treatment Plant Change Order No. 11 and the need for a budget amendment. Page 4 of 8Page 10 of 251 Construction Manager, Kent McCue also provided details of the proposed change order. MOTION: Councilmember Campos moved, seconded by Councilmember Roach to approve Resolution No. 4300, authorizing the Interim City Manager to execute Change Order No. 11 to the construction contract with Apollo, Inc. for the West Pasco Water Treatment Improvements, Phase 1 Project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano MOTION: Councilmember Campos moved, seconded by Councilmember Roach to adopt Ordinance No. 4635, amending the 2023-2024 Capital Projects Biennial Budget (Ordinance No. 4620) by providing supplement thereto; to provide additional appropriation in the City's Water Fund for the West Pasco Water Treatment Plant Phase 1 Project and, further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No. 4301 & Ordinance No.4636 - Amendment No. 1 to the Pre- construction Funding Agreement with the Department of Ecology for the Wastewater Treatment Plant Improvements Phase 1 & 2 and Budget Adjustment Mr. Worley introduced Deputy Public Works Director Serra who provided a brief report on the Wastewater Treatment Plant Improvements and the need for an amendment to the pre-construction funding agreement with the Washington State Department of Ecology, as well as a budget amendment. MOTION: Councilmember Campos moved, seconded by Councilmember Serrano to approve Resolution No. 4301, authorizing the Interim City Manager to execute Amendment No. 1 to the Water Quality Combined Financial Assistance Agreement with the Department of Ecology for the Wastewater Treatment Plant Phases 1 & 2 Projects. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Page 5 of 8Page 11 of 251 MOTION: Councilmember Campos moved, seconded by Councilmember Milne to adopt Ordinance No. 4636, amending the 2023-2024 Biennial Capital Projects Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City’s Sewer fund for the Wastewater Treatment Plant Phases 1 & 2 Projects and, further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano RECESS Mayor Barajas called a five-minute recess at 8:22 PM. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS CONTINUED Resolution No. 4302 - Washington State Department of Fish & Wildlife Mitigation Agreement for the PWRF Pretreatment Improvements Phase 2 Project Mr. Worley introduced Deputy Public Works Director Serra who provided a brief report on the proposed Shrubsteppe Impact Mitigation agreement with the Washington State Department of Fish and Wildlife. MOTION: Councilmember Campos moved, seconded by Councilmember Brown to approve an Agreement for the Shrubsteppe Impact Mitigation for the Pasco Wastewater Reuse Facility expansion with Franklin County and the Washington Department of Fish and Wildlife. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano UNFINISHED BUSINESS Resolution No. 4303 - Considerations for Retail Sales of Cannabis Mr. White provided a brief report and sought Council's direction on the zoning districts where retail sales of cannabis may be considered and and if a special use permit would be required. Page 6 of 8Page 12 of 251 Council discussion ensued regarding zoning districts where cannabis may be sold in a retail store and if a conditional use permit would be required and included questions regarding the process and next steps with staff. Mr. Ferguson stated that once Council provides the needed direction, then staff will prepare an ordinance amending the Pasco Municipal Code for the retail sales of cannabis and that will brought back to Council at a future workshop for review and discussion as staff will need time to prepare the draft ordinance. MOTION: Councilmember Campos moved, seconded by Councilmember Roach to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis in the C-2; C-3; I-1; I-2 and I-3 Zoning Districts. RESULT: Motion defeated by Roll Call vote 3-4 AYES: Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Roach NAYS: Mayor Barajas, Councilmember Brown, Councilmember Milne, and Councilmember Serrano MOTION: Councilmember Campos moved, seconded by Councilmember Brown to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis by process of a conditional use permit in the I -1, I-2, and I-3 Zoning Districts. RESULT: Motion carried by Roll Call vote 4-3 AYES: Mayor Barajas, Councilmember Brown, Councilmember Milne, and Councilmember Serrano NAYS: Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Roach MISCELLANEOUS DISCUSSION Mr. Lincoln announced the Annual Employee Awards Banquet scheduled for Friday, January 20, 2023. Mr. Serrano, Ms. Roach, Mayor Barajas and Mr. Campos expressed thanks to staff for their work. EXECUTIVE SESSION Council adjourned into executive session at 8:55 PM for 15 minutes to consider site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b), stating the factors influencing this portion of the executive session included the future use of the property and Page 7 of 8Page 13 of 251 neighborhood impacts; consider the minimum offering price for sale or lease of real estate if there’s a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c); and discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager , City Attorney, Public Works Director and Administrative and Community Services Director. At 9:08 PM Mayor Barajas announced that the Executive Session would continue for another 20 minutes. Public Works Director Worley left the Executive Session at 9 :09 PM. Administrative and Community Services Director Ratkai left the Executive Session 9:18 PM. At 9:31 PM Mayor Barajas announced that the Executive Session would continue for another 10 minutes. At 9:45 PM Mayor Barajas announced that the Executi ve Session would continue for another 5 minutes. Mayor Barajas called the meeting back to order at 9:52 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:52 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 8 of 8Page 14 of 251 MINUTES City Council Special Meeting 7:00 PM - Monday, January 23, 2023 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: None Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. Pledge of Allegiance NEW BUSINESS Resolution No. 4304 - Bid Award - Broadmoor Area Tax Increment Financing Improvements - Phase 1A Mr. Worley introduced Deputy Public Works Director Serra who provided a brief report regarding the proposed bid award for Phase 1A of the Broadmoor Area Tax Increment Financing Improvements Project. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve Resolution No. 4304, awarding Bid No. 22377 -A for the Broadmoor Area Tax Increment Financing (TIF) Improvements - Phase 1A project to Goodman & Mehlenbacher Enterprises, Inc. of Kennewick, Washington; and Page 1 of 2Page 15 of 251 further, authorize the Interim City Manager to execute the contract documents and allowing all necessary budget adjustments. RESULT: Motion carried unanimously 7-0 AYES: Mayor Pro Tem Maloney, Councilmember Milne, Mayor Barajas, Councilmember Brown, Councilmember Campos, Councilmember Roach, and Councilmember Serrano ADJOURNMENT There being no further business, the meeting was adjourned at 7:05 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 2 of 2Page 16 of 251 MINUTES City Council Workshop Meeting 7:05 PM - Monday, January 23, 2023 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:05 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: None Staff present: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Brown reported on the Downtown Pasco Development Authority (DPDA) Board and Benton Franklin Council of Governments meetings he recently attended. Mr. Milne commented on the Ag Hall of Fame event he attended with Interim City Manager Lincoln. Ms. Roach commented on the City's Annual Employee Awards Banquet. Mr. Serrano reported on the Area Economic Investment Fund Advisory Committee meeting he attended earlier in the day. Mayor Barajas commented on the City's 2022 Annual Employee Awards Banquet. She also reported on her recent tour of the Tri City Animal Control Authority facility, noting that she did not leave the facility empty handed and she will be picking up the new addition to her household the next day. Page 1 of 4Page 17 of 251 ITEMS FOR DISCUSSION 2060 and 2163 Housing Program Interlocal Agreements Mr. White provided a brief history of the 2060 and 2063 Housing Programs and then introduced Kyle Sullivan from Benton Human Services Department who provided a presentation of the current Affordable Housing Fund (SHB-2060) and Homeless Housing Fund (SHB-2163), as well as the new interlocal agreements needed to continue the programs within Franklin County. He also mentioned the upcoming Point-in-time Count (PIC) of the homeless within Benton and Franklin Counties. Mr. Sullivan introduced Gloria Caldwell with Benton County Human Services Department who was available to answer Council's questions and he provided an information sheet related to the two programs to the Council and City Clerk. Council, Mr. Sullivan, Ms. Caldwell and staff briefly discussed the programs and the proposed interlocal agreements (ILA), noting that the two ILAs are radically different. The City's Housing Program focuses on the affordable housing and does not include a homelessness component. Mr. Sullivan stated that he was seeking Council's support in approving the two proposed ILAs. Pasco School District Capital Facility Plan Update and Impact Fee Report Mr. White provided a brief overview of the current Interlocal Agreement (ILA) with the Pasco School District (PSD) and as part of that ILA, the PSD staff is required to provide a report on the PSD Capital Facility Plan (CFP), as well the status of the PSD's Impact Fees. He introduced Sarah Thornton who provided an overview of the PSD's CFP and needed impact fees. She also introduced a contingency of PSD staff that were in the audience. Lastly, turned over the presentation to Denise Stiffarm, an attorney representing the PSD, who provided additional details of the CFP related to the school impact fees. Council, Ms. Stiffarm and staff discussed overlays of maps of PSD, Franklin County and City boundaries. They discussed the SEPA process and Council requested a SEPA analysis, Council also asked for enrollment data from 2018 forward. RECESS Mayor Barajas called a five-minute recess at 8:33 PM. EXECUTIVE SESSION Council adjourned into executive session at 8:38 PM for 15 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, City Attorney, Public Works Director and outside Counsel Steve DiJulio. Mayor Barajas called the meeting back to order at 8:55 PM Page 2 of 4Page 18 of 251 ITEMS FOR DISCUSSION CONTINUED Review Proposed Process Water Reuse Facility Wastewater Treatment Agreement with Burnham SEV Pasco, LLC Mr. Worley provided a brief status of the Process Water Reuse Facility (PWRF) Wastewater Treatment project focusing on Phase 3 of the proje ct, which includes the proposed PWRF Wastewater Treatment Agreement with Burnham SEV Pasco, LLC; the pending Processors Wastewater Treatment Agreements; 70 percent of Design complete; and construction of the PWRF. He introduced Steve DiJulio to provide additional details of the pending PWRF Wastewater Treatment Agreement with Burnham SEV. He noted that the required public hearing for the proposed agreement was scheduled for February 6, 2023. Mr. Worley stated that the Washington State Department of Ecology had approved a previous version of the draft agreement and none of the additional changes have affected the agreement approved by the Department of Ecology. Mr. Worley provided options to moving forward on this project. Mr. Ferguson provided additional details and stated that the preferred option is to hold a public hearing and provide findings to staff at the February 6th Council meeting and then staff would bring the proposed agreement back at the following meeting, set for February 21st for Council's final consideration. Mr. Campos expressed support to keeping the project moving forward. Mayor Pro Tem Maloney commented on the status of the project and also expressed support to move the project forward. Ordinance - 2023 Revenue Bond for LID No. 151 Debt Service Ms. Buckley provided a brief overview of the interfund loan for the Local Improvement District No. 151. Mr. Brown asked a clarifying question regarding the repayment of the assessments and Ms. Buckley provided the answer. MISCELLANEOUS COUNCIL DISCUSSION Mr. Campos asked Mr. Lincoln if the HAPO Center Advisory Board meeting, scheduled for January 25, 2023, was cancelled and Mr. Lincoln confi rmed it was cancelled. Mr. Lincoln also stated that City staff and Interim Franklin County Administrator with other County staff are scheduled to meet at the end of the month to discuss the HAPO Center. Mr. Lincoln expressed appreciation to Council for supporting staff by attending the Annual Employee Awards Banquet. Page 3 of 4Page 19 of 251 Mayor Mayor Pro Tem Maloney asked Council if Council would be open to hearing from the Pasco School District (PSD) regarding Bond scheduled on the February Ballot and possibly support it by a resolution. After a brief discussion, Council concluded that staff was already taxed with other tasks and priorities and should not be asked to prepare a resolution at this time; further, Council concurred that if the PSD requested an opportunity to provide a presentation to Council regarding their pending bond before the voters, then Council would entertain that request. EXECUTIVE SESSION Council adjourned into Executive Session at 9:45 PM for 15 minutes consider the minimum offering price for sale or lease of real estate if there’s a likelihood that disclosure would decrease the price per RCW 42.30.110(1)(c) due to the following factors: 1) neighborhood impacts and 2) future use of property; and, to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, City Attorney and Administrative & Community Services Director. At 10:01 PM Mayor Barajas announced that the Executive Session would continue for another 15 minutes. Mr. Ratkai left the Executive Session at 10:04 PM. At 10:16 PM Mayor Barajas announced that the Executive Session would continue for another five minutes At 10:22 PM Mayor Barajas announced that the Executive Session would continue for another five minutes Mayor Barajas called the meeting back to order at 10:30 PM ADJOURNMENT There being no further business, the meeting was adjourned at 10:30 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 4 of 4Page 20 of 251 AGENDA REPORT FOR: City Council February 2, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 02.06.23 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $10,146,833.14 ($6,446,084.18 in Check Nos. 253393-253846; $1,517,127.18 in Electronic Transfer Nos. 838813- 838824, 838826, 838828-838870, 838875-838897, 838930-839003, 839005- 839115, 839120-839131, 839133, 839135-839166, 839168-839206; $30,557.92 in Check Nos. 54240-54262; $2,153,063.86 in Electronic Transfer Nos. 30185254-30186430). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 21 of 251 REPORTING PERIOD: February 6, 2023 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 253393-253846 54240-54262 Total Check Amount $6,446,084.18 $30,557.92 Total Checks 6,476,642.10$ Electronic Transfer Numbers 838813-838824 30185254-30186430 838826 838828-838870 838875-838897 838930-839003 839005-839115 839120-839131 839133 839135-839166 839168-839206 Total EFT Amount $1,517,127.18 $2,153,063.86 $0.00 Total EFTs 3,670,191.04$ Grand Total 10,146,833.14$ Councilmember 2,440,302.34 26,693.08 106,147.39 55.07 2,831.71 126,681.56 7,862.11 21,809.05 30,051.52 1,112.10 811.12 1,455.36 15,994.40 40,625.01 125,117.91 194.00 1,076,218.39 2,331,519.15 26,737.23 111,410.70 421,688.02 11,514.44 3,220,001.48 GRAND TOTAL ALL FUNDS:10,146,833.14$ The City Council January 12 - February 1, 2023 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Adam Lincoln, Interim City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 6th day of February, 2023 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER PAYROLL CLEARING EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/DENTAL/VISION INSURANCE FLEX Page 22 of 251 AGENDA REPORT FOR: City Council January 20, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4305 - Wastewater Treatment Plant Improvements Phase 2A Sole Source Purchase I. REFERENCE(S): Resolution & Sole Source Worksheet - Allen Bradley Motor Control Centers II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4305, waiving the competitive bidding requirements and approving the purchase of Allen Bradley Motor Control Centers for the Wastewater Treatment Plant Improvements Phase 2A Project. III. FISCAL IMPACT: Allen Bradley Motor Control Centers: not to exceed the sum of $750,000. Funding source: Low interest loan from Washington State Department of Ecology Clean Water State Revolving Fund program and revenue bond for the WWTP Improvements Phase 2 project funding. IV. HISTORY AND FACTS BRIEF: The City is authorized by RCW 39.04.280(1)(a) and RCW 39.04.280(1)(b) to waive competitive bidding of purchases from a sole source supplier and purchases involving special facilities. As background, a sole source request worksheet was prepared and included in this agenda packet. Throughout 2022, City staff and its consultant, Consor, have worked on the design of the proposed Phase 2A upgrades to the City’s Municipal Wastewater Treatment Plant (WWTP). Phase 2A is focused primarily on improvements to the processes that facilitate thickening and dewatering the sewage sludge. Phase 2A will also expand the ultraviolet light disinfection system at the WWTP. Page 23 of 251 This sole source request is for Allen Bradley Motor Control Centers (MCCs) to be installed as part of the proposed WWTP Phase 2A upgrades. MCCs control electric motors used in numerous operations at the WWTP. MCC units consist of multiple enclosed sections having power bus, motor starter, fuses, circuit breaker, power disconnect, networking, manual operations, programmable logic controllers, and metering equipment. Allen Bradley MCCs are used extensively at the WWTP. In evaluating the needs of the WWTP Phase 2A improvements, City staff considered adherence to established standards and consistent use of equipment paramount. The design team believes this approach provides for greater compatibility with existing equipment, systems, programs, inventory, and maintenance activities, thereby providing potential for more streamlined operations, better efficiency, and overall reliability. When at all possible, a competitive bidding process is preferred to sole sourcing of equipment. However, for some specific items, it is necessary to define the selection of certain equipment, as is the case in this instance. V. DISCUSSION: Staff recommends approval of the attached resolution waiving the competitive bidding requirements and authorizing acquisition of Allen Bradley Motor Control Centers for the Wastewater Treatment Plant Improvements Phase 2A Project. Page 24 of 251 Resolution – Sole Source MCCs for WWTP Improvements Phase 2A Project - Page 1 RESOLUTION NO. 4305 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING THE PURCHASE OF ALLEN BRADLEY MOTOR CONTROL CENTERS FOR THE WASTEWATER TREATMENT PLANT IMPROVEMENTS PHASE 2A PROJECT WHEREAS, it is critical for the City of Pasco to have proper instrumentation components to control other equipment at the Wastewater Treatment Plant (WWTP); and WHEREAS, the City has a design that utilizes a number of motor control centers (MCCs) and appurtenances as part of the WWTP Improvements Phase 2A Project; and WHEREAS, the City has supporting infrastructure and equipment existing and proposed that is directly affected by the compatibility of the selected MCCs; and WHEREAS, the City has need to purchase a number of MCCs and appurtenances as part of the WWTP Improvements Phase 2A construction project that is currently out for solicitation; and WHEREAS, the City currently uses Allen Bradley MCCs as a part of its standardized system at the WWTP; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of Allen Bradley MCCs is compatible with existing equipment, inventory, and integration systems; and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a resolution reciting the factual basis supporting the exemption; and WHEREAS, the City Council, pursuant to 39.04.280(2)(a), finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole source exemption as pertaining to the purchase of Allen Bradley Motor Control Centers for the WWTP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of Pasco hereby find the above-described circumstance is justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for the purchase of Allen Bradley Motor Control Centers for the WWTP Improvements Phase 2A Project. Page 25 of 251 Resolution – Sole Source MCCs for WWTP Improvements Phase 2A Project - Page 2 Be It Further Resolved that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, this 6th day of February, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 26 of 251 SOLE SOURCE WORKSHEET Requisition Item:_Motor-Control Center 26 24 l9_Requisition No.NA Prior Purchase Order Number (if item had been approved previously):NA 1.Please describe the items and its function: The Motor-Control Center(s)control electric motors used in the design of the Phase 2 WWTP improvements project.These consist of multiple enclosed sections having power bus,motor starter,fuses or circuit breaker,power disconnect,networking,manual operations,programmable logic controllers,and metering equipment. 2.This is a sole source because: Sole provider of a licensed or patented good or service Y Sole provider of items that are compatible with existing equipment,inventory,systems, programs or services X Sole provider of goods and services for which the City has established a standard Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or in an attachment) The vendor/distributor is as holder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey,availability,etc.) 3.What necessary features does this vendor provide which are not available from other vendors? Please be speci?c. The Wastewater Treatment Plant has set a standard and wants consistent make and models for Motor-Control Center(s)used in the WWTP to allow streamlined operations and maintenance, and compatibility with existing equipment,inventory,systems,programs or services. 4.What steps were taken to verify that these features are not available elsewhere? Cl Other brands/manufacturers were examined (please list phone numbers and names,and explain why these were not suitable). NA D Other vendors were contacted (please list phone numbers and names,and explain why these were not suitable). NA 5.Sole source vendor certifies that the City is getting the lowest price offered for the item. a Project Cost:$750,000 for all units in the project. 49 Page 27 of 251 Date: aria Serra,Deputy PW Director -Engineering Certi?cation of Need This recommendation for sole source is based upon on objective review of the product/service required and appears to be in the best interest of the City.I know of no con?ict of interest on my part of personal involvement in any way with this request.No gratuities,favors or comprising actions have been taken. Neither has my personal familiarity with particular brands,types or equipment,materials or firm been a deciding in?uence on my request to sole source this purchase. By:Date: Teresa Reed-Jennings,PE.Proj t Manager Approved By’ Page 28 of 251 AGENDA REPORT FOR: City Council January 27, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Adam Lincoln, City Manager Executive SUBJECT: Proclaiming February 2023 as "Black History Month" I. REFERENCE(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: the present and read will Brown Councilmember and Barajas Mayor proclamation proclaiming February 2023 as, "Black History Month" in Pasco, Washington to Ms. Chaune' Fitzgerald from the Washington African American Chamber of Commerce Tri-Cities. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this City. Information on how to request proclamations is available on the City's website to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. V. DISCUSSION: Page 29 of 251 Proclamation “Black History Month” February 2023 WHEREAS, in 1926 the Association for the Study of African American Life and History sponsored a national history week to celebrate and promote achievements by Black Americans and other peoples of African descent which inspired schools and communities nationwide to organize local celebrations, establish history clubs and host performances and lectures; and WHEREAS, in the decades that followed, many college campuses began recognizing Black History Month; and WHEREAS, in 1976, President Gerald Ford officially recognized Black History Month and called upon the public to “seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history”; and WHEREAS, since 1976, during the month of February our Nation takes pause to reflect on the injustices and struggles fought and overcome by African Americans throughout our Nation’s history, and to pay tribute to the battles they have fought in the name of equality; and WHEREAS, the 2023 theme, Black Resistance, remembers the courage of Black scholars, educators, spiritual leaders, business owners, caregivers, artists, and allies, who dared to resist systemic oppression and uphold America to its promise of freedom through activism in every sector of society; and WHEREAS, the City of Pasco recognizes the history of segregation in the 1950's and the pivotal demonstrations organized by local civil rights leaders in the 1960's that led to successes in society for the black community and in the process have deeply enriched Pasco’s history with culture, skill, and service; and NOW, THEREFORE, Blanche Barajas, Mayor of the City of Pasco, Washington, do hereby proclaim February 2023 as “Black History Month”. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 6th day of February 2023. Blanche Barajas, Mayor City of Pasco Page 30 of 251 AGENDA REPORT FOR: City Council February 1, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 2/6/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing for Mendoza Right-of-Way Vacation (VAC 2022-007) I. REFERENCE(S): Overview Map Vicinity Map Exhibit B II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: OPEN AND CONTINUE A PUBLIC HEARING MOTION: I move to continue the public hearing to the Regular Council meeting of February 21, 2023, to consider vacating rights-of-way for South 5th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The adjacent property owners have petitioned for the vacation of a portion of South 5th Avenue right-of-way to align with the rights-of-way of adjacent properties. The vacation of rights-of-way for adjacent properties took place in 1997 (Ordinance No. 3254). Ramon Mendoza initiated the vacation of the portion of right-of-way in front of their property. The City has initiated the vacation of the portion of right-of-way in front of Rafael Valdovinos' property. An error in noticing requirements was made and resulted in notices was that were not timely sent to surrounding property owners (PMC 12.40.050). As such, staff requests Council's adoption of the above Motion. Page 31 of 251 V. DISCUSSION: Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require compensation for vacated rights-of-way. The compensation involves obtaining a title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. In the current situation, the vacation appears to meet the above criteria because the City has initiated a portion of the vacation. Page 32 of 251 Item:H&REliteTruckingAcademyinanI-1ZoneApp1icant(s):JuanRojasFile#:SP2022-015vOverviewFt4M_9€37:Page 33 of 251 Item:H&REliteTruckingAcademyinanI-1ZoneVlclnltyApp1icant(s):JuanRojasMapFile#:SP2022-015Page 34 of 251 Item:5th Avenue Street ROW Vacation "Exhibit B"Applicant(s):Ramon Mendoza F11e#:VAC 2022-007 V/////////////T//////////////////////JS5THAVEPage 35 of 251 AGENDA REPORT FOR: City Council February 1, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing for Jubilee Foundation Right-of-Way Vacation (VAC 2022- 009) I. REFERENCE(S): Overview Map Vicinity Map Site Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: OPEN AND CONTINUE A PUBLIC HEARING MOTION: I move to continue the public hearing to the Regular Counc il Meeting of February 21, 2023 to consider a request to vacate rights-of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The applicant has submitted an application to vacate streets and alleys adjacent and within Blocks 5, 11, and 12 of the 1913 Washington Addition to Pasco plat. The plat contains 25'-wide lots and 80'-wide street rights-of-way, as well as 14' wide north-south alleys and 20' wide east west alleys. The proposed vacation comprises approximately 3.87 acres. Applicant's objective is to reconfigure the rights -of-way to accommodate a subdivision and multi-family units along East Helena and East "A" Street to match similar existing developments to the east. Page 36 of 251 An error in noticing requirements was made and resulted in notices was that were not timely sent to surrounding property owners (PMC 12.40.050). As such, staff requests Council's adoption of the above Motion. V. DISCUSSION: Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require compensation for vacated rights-of-way. The compensation involves obtaining a title the and compensation the However, of appraisal and report value. requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staff also brings to Council attention the following: • Per PMC 21.15.010(1) "Streets shall normally continue as an extension of existing streets unless good planning dictates a different solution. Street patterns shall take into consideration access needed to develop adjacent properties." The current proposal does not continue an existing street nor take into consideration access needed to develop adjacent properties. • Per PMC 21.15.070 "Cul-de-sacs will be permitted where topography or other conditions justify their use." The topography of the site, slightly sloping southward, does not justify a cul-de-sac. Page 37 of 251 %XHB ! $ (#$ ( $ ($"$#(( '#(($ ( !!$# (%( %$ ( ($&( %(  ( ((Page 38 of 251 Item:WashingtonAdditionStreetsandAlleysROWVacationApplicant(s):JubileeFoundationc/0SteveBaumanFile#:VAC2022-009OverviewPage 39 of 251 Item:WashingtonAdditionStreetsandAlleysROWVacationVlclnltyApplicant(s):JubileeFoundationc/0SteveBaumanMapFile#;VAC2022-009Page 40 of 251 AGENDA REPORT FOR: City Council February 1, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Steve Worley, Director Public Works SUBJECT: Public Hearing for Burnham Wastewater Treatment Agreement – Process Water Reuse Facility (PWRF) Pretreatment Improvement Phase 3 Project I. REFERENCE(S): Draft Pasco-Burnham Wastewater Treatment Agreement (WTA) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING III. FISCAL IMPACT: The current estimated Phase 3 cost is $135 million. The payment of this cost by the PWRF Processors will be offset based on revenues generated through the sale of renewable natural gas (RNG) and a 30% investment tax credit for the RNG-related facilities. Estimated Monthly Service Fee: $850,000 per month with provisions for adjustments based on final costs. Monthly fee to be proportionately allocated to Pasco Processing, Twin City Foods, Reser’s, Simplot, Grimmway, Freeze Pack, and Darigold. Estimated Renewable Natural Gas (RNG) Revenue: ~$6 million per year, with provisions for adjustment based on final RNG sales contract. (~$350,000 per month available for debt service.) Potential Federal Income Tax Credit: $26 million with provisions for adjustments based on final credit. (Available to reduce principal amount). Community Economic Revitalization Board (CERB): $5 million low-interest loan for the Phase 3 project. Page 41 of 251 Potential Federal or State Grants: Staff continues to pursue grants for this project to help reduce final costs to the PWRF Processors. IV. HISTORY AND FACTS BRIEF: The City owns and operates an industrial wastewater treatment system to treat industrial wastewater from agricultural food Processors. The system includes the Process Water Reuse Facility (PWRF). The PWRF requires improvements to sufficiently treat current Processor wastewater such that they continue to meet Ecology permitted limits. The PWRF is currently at or near capacity and requires expansion to enable new Processors to use the facility or existing Processors to expand their operations. Upgrades to the PWRF pretreatment system will significantly improve treatment capacity for the benefit of all existing and future agricultural (and dairy) Processors, customers, and the local community. The PWRF improvements also have a positive impact on the Municipal Wastewater Treatment plant by allowing for the redirection of all agricultural and dairy industrial wastewater away from the WWTP. This frees up much-needed capacity at WWTP allowing for increased residential and commercial developments that can be served. In 2019, Ecology approved Pasco’s PWRF Facility Plan which identified a series of improvements to expand the PWRF to meet current and future needs. The scope of the PWRF recommended improvements included the following: • Extension of potable water and electrical services to the site (Phase 1) • Additional winter storage ponds (Phase 2) • Industrial wastewater pretreatment improvements (Phase 3) The PWRF stakeholders agreed to move forward with design and construction following this phased approach. The Phase 1 project is currently under construction. The Phase 2 project is 60% through the design phase. On January 10, 2022, staff provided Council with a presentation on proposed updates to the Process Water Reuse Facility (PWRF) with the pot ential to include a Renewable Natural Gas (RNG) option that will help reduce costs to the PWRF Processors. Council indicated support to move forward with the proposed concept. Through processes outlined in Chapter 70A.140 RCW, Water Quality Joint Development Act, Burnham SEV, a renewable natural gas (RNG) Project Developer, was selected to privately finance, design, construct, and operate an upgraded industrial wastewater treatment plant that includes a renewable natural gas plant at the PWRF. This Phase 3 project is at 70% design and is Page 42 of 251 ready to move forward with final design and construction managed by Burnham SEV. V. DISCUSSION: The draft WTA outlines the terms and conditions for the design, construction, operation, maintenance, and payment of the p roposed PWRF Pretreatment Phase 3 project and industrial wastewater treatment services. This Phase 3 project includes facilities that will treat the PWRF Processor industrial wastewater using a low-rate anaerobic digester (LRAD), a biological nitrogen removal system (Rotating Algal Biofilm (RAB)), and a renewable natural gas (RNG) system. The RNG will be sold by Burnham on the volunteer RNG market. Revenue from the sale of RNG will be used to pay a portion of the capital cost, thus reducing the fees paid by the PWRF Processors. A similar draft Wastewater Treatment Agreement with each PWRF Processor is being reviewed by the Processors. This agreement will outline the terms and conditions for the Processor’s payment of services to the City for industrial wastewater treatment services provided by Burnham SEV. A draft agreement, incorporating comments from the Processors, will soon be brought to Council for review and approval. Page 43 of 251 1 WASTEWATER TREATMENT, ANAEROBIC DIGESTION AND RENEWABLE NATURAL GAS PROJECT THIRD WORK ACCELERATION AGREEMENT THIS AGREEMENT (this “Agreement”) entered into as of February 6, 2023 (the “Effective Date”), by and between Burnham SEV Pasco LLC (“Developer”) and the City of Pasco, Washington, a Municipal Corporation (the “City”) (each and “Party” and together the “Parties”). WHEREAS, the City operates a Process Water Reuse Facility (“PWRF”) to treat and dispose of industrial wastewater from food processors (“Processors”) located in the vicinity of the City of Pasco; and WHEREAS, the City owns and operates the Foster Wells Lift Station and force mains, the Columbia East Lift Station and force mains, the PWRF and the Land Treatment System with all associated irrigation, pivots, pipes, wells, and appurtenances for the treatment and disposal of Processors’ industrial wastewater; and WHEREAS, the industrial wastewater treatment system operated by the City, including the PWRF, requires improvements in order to sufficiently treat current and increased Processor wastewater flows to meet City permitted limits; and WHEREAS, the City’s current wastewater treatment system is at or near capacity and requires expansion to enable new Processors to use the facility and existing Processors to expand their operations; and WHEREAS, the City issued a request for proposal (“RFP”) under the provisions of RCW 70A.140 for the development of a new wastewater treatment plant that includes anaerobic digestion for more comprehensive wastewater treatment and nitrogen removal to bring the total effluent nitrogen loads to within the City’s discharge permit levels (the “Wastewater Treatment System”), and a gas cleanup system (“Gas Cleanup System”) for the production of renewable natural gas (collectively, the “Project”); and WHEREAS, Developer submitted a proposal in response to the City’s RFP, and the City has preliminarily selected Developer to undertake the Project pursuant to an award letter from the City dated May 3, 2022, subject to additional requirements in RCW 70A.140 for final selection and entering into an agreement reviewed by Ecology and approved by the City Council; and WHEREAS, in order to adhere to the City’s desired project schedule, Developer must commence certain preliminary activities related to the engineering, permitting, and financing of the Project as the Developer and City work towards executing a final agreement for the Project; and WHEREAS, procurement of services to perform those preliminary activities requires compliance with the requirements of RCW 39.80, which have been met by the City by publishing in advance the City’s requirement for professional services in a Request for Proposal (“RFP”) Page 44 of 251 2 (RCW 39.80.030), evaluating the Developer’s qualifications (RCW 39.80.040), and negotiating the services and price of the provisions of this Agreement (RCW 39.80.050); and WHEREAS, City has requested that Developer commence preliminary activities on the Project prior to executing a definitive Wastewater Treatment Agreement (“WTA”) which will outline the terms and conditions under which the City will contract with the Developer for industrial wastewater treatment services under the provisions of RCW 70A.140; and WHEREAS, City and Developer entered into that certain Anaerobic Digestion and Renewable Natural Gas Project Work Acceleration Agreement effective October 19, 2022, where Developer agreed to undertake certain preliminary project development activities and City agreed to assist Developer and reimburse Developer up to $2,000,000 if the WTA was not entered into by November 30, 2022 (the “First Agreement”); and WHEREAS, City and Developer entered into a certain Second Work Acceleration Agreement effective November 29, 2022, where Developer agreed to undertake certain preliminary project development activities and City agreed to assist Developer and reimburse Developer up to $3,500,000 if the WTA was not entered into by January 31, 2023 (the “First Agreement”); and WHEREAS, the Parties agree that the WTA will not be entered into by January 31, 2023, and therefore, City shall provide reimbursement to Developer in accordance with the Second Work Acceleration Agreement; and WHEREAS, in response to City’s request, and in exchange for the undertakings and inducements provided by the City herein, and in reliance thereon, Developer will continue to progress certain additional activities, such as engineering, legal, permitting, regulatory, financing, design, and other activities related to the Project, including, without limitation payments to be made to Swinerton Builders, Inc. (“Swinerton”), which agreement contemplates payments from Developer to Swinerton of up to $2,000,000 by February 28, 2023. NOW, THEREFORE, and in consideration of the mutual terms and covenants contained herein, the Parties agree as follows: 1. Developer Obligations. Developer shall: A. Continue with engineering activities and begin construction activities related to the Wastewater Treatment System and the Gas Cleanup System. B. Progress activities related to the financing of the Project, including negotiation of financing documentation and engagement of independent engineering and technical advisors. C. Continue to work with permitting consultants and continue preparation of permits in connection with the Project. Page 45 of 251 3 D. If necessary, continue site evaluation activities, including geotechnical and topographical evaluations, surveys, and environmental reviews. E. Perform, as needed to meet agreed upon schedule, site preparatory work, including without limitation certain grading and other pre-construction activities. F. Indemnify and hold harmless City from any liabilities associated with preparatory work as described in Section 1(E), to the extent that such liabilities were not caused solely by City’s negligence or willful misconduct. Notwithstanding the foregoing, nothing contained herein shall obligate Developer to continue development activities or incur any additional expenses if Developer reasonably determines that City will not move forward with the Project and/or enter into the WTA. 2. City Obligations. City shall: A. Cooperate with Developer in order to ensure the success of the Project, including, without limitation, by: a. Providing Developer with access to the site and personnel who are potentially knowledgeable about the site or the Project. b. Supporting applications for permits for the Project. c. Providing Developer with access to available wastewater flow data, including volumes and composition, and other pertinent information. d. Providing Developer with available site data, such as surveys, site boundary information, geotechnical reports, wetland reports, archeological reviews, or similar information. e. Providing Developer with access to site to perform site preparatory work defined in Section 1(E) above. B. Grant Developer a non-exclusive license on and about the project site for the purposes of performing the site preparatory work described in Section 1(E), and indemnify and hold harmless Developer from any liabilities associated with same, to the extent that such liabilities were not caused solely by Developer’s negligence or willful misconduct. C. Promptly, upon written request from Developer, the City shall reimburse Developer for all reasonable and documented costs, up to a maximum of $2,000,000.00, incurred by Developer, inclusive of costs incurred through subcontractors, including Gross-Wen Technologies, in relation to the Project if City and Developer do not enter into the WTA by February 28, 2023, or such other date as may be agreed to by both Parties in writing; provided however that such reimbursable costs shall not include legal costs Page 46 of 251 4 incurred by Developer for the preparation and negotiation of the WTA, which costs shall be borne solely by the Developer regardless of whether the Parties ultimately enter into a WTA. Notwithstanding the foregoing, the City shall have no obligation to reimburse Developer if Developer is unable or unwilling to enter into a WTA with materially similar terms and conditions as the draft provided to the City on January 26, 2023. 3. Term. This Agreement shall be effective commencing on the Effective Date and shall continue until terminated with the mutual written agreement of the Parties, payment is made by the City to Burnham in full, as confirmed in writing by Burnham, or upon the execution of the WTA by the Parties. 4. Authority to Approve Agreement. The Parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: Burnham SEV Pasco LLC Attn: Chris Tynan 1201 Wilson Blvd., 27th Floor Arlington, VA 22209 City of Pasco City Manager 525 N 3rd Avenue Pasco, WA 99301 The persons signing below are authorized to do so and the execution of this Agreement is valid and binding for all purposes. 5. General Provisions. A. This Agreement constitutes the entire agreement between the Parties and with the exception of the First Agreement, which shall remain in full force and effect, no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all Parties. B. This Agreement shall be binding on the Parties, and their heirs, successors and assigns. C. For the purpose of this Agreement, time is of the essence. 6. Dispute Resolution. In the event of a dispute between the Parties regarding the interpretation, breach, or 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 in accordance with the American Arbitration Association Rules, with all Parties waiving the right of a jury trial upon de novo review. The Parties stipulate that Franklin County Superior Court is the appropriate venue, should judicial relief be required. Any disputes shall be governed by the laws of the State of Washington. 7. Mutual Cooperation and Further Agreements. The Parties agree to cooperate in good faith with regard to each and every aspect required for the object of this Agreement, and to further sign all documents reasonably necessary to accomplish the purposes of this Agreement. Page 47 of 251 5 [Signature Page Follows] Page 48 of 251 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. BURNHAM SEV PASCO LLC CITY OF PASCO, WASHINGTON By:_________________________________ By:______________________________ Name: Chris Tynan Name: Adam Lincoln Title: Chief Executive Officer Title: Interim City Manager Date:________________________________ Date:_____________________________ Page 49 of 251 AGENDA REPORT FOR: City Council January 31, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4306 - Third Work Acceleration Agreement for the PWRF Pretreatment Improvements I. REFERENCE(S): Resolution Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4306, authorizing the City Manager to execute a third (3rd) Work Acceleration Agreement with Burnham SEV Pasco, LLC for the Anaerobic Digestion and Renewable Natural Gas Project related to the Process Water Reuse Facility (PWRF) Phase 3 Project. III. FISCAL IMPACT: The proposed agreement allows up to $2.0 million of reimbursement should a final Wastewater Treatment Agreement not be executed by February 28, 2023. All costs associated with the Process Water Reuse Facility (PWRF) are reimbursed by the PWRF Agricultural Food Processor partners. IV. HISTORY AND FACTS BRIEF: On September 6, 2022, Council approved a Work Acceleration Agreement with Burnham SEV for the PWRF Pretreatment Improvement Phase 3 project. That agreement allowed up to $2 million of reimbursement to Burnham for work associated with the PWRF improvements should a final Wastewater Treatment Agreement not be executed by October 17, 2022. The final executed Work Acceleration Agreement extended the Wastewater Treatment Agreement execution date to November 30, 2022. Page 50 of 251 On November 28, 2022, Council approved a Second (2nd) Work Acceleration Agreement with Burnham SEV for the PWRF Pretreatment Improvement Phase 3 project. That agreement allowed up to an additional $3.5 million of reimbursement to Burnham for work associated with the PWRF improvements should a final Wastewater Treatment Agreement not be executed by January 31, 2023. V. DISCUSSION: The City and Burnham are not able to execute a final Wastewater Treatment Agreement by the January 31, 2023, deadline. Therefore, in accordance with the executed Second Work Acceleration Agreement, reimbursements will be paid for work done by Burnham up to January 31, 2023. Attached is a Third (3rd) Work Acceleration Agreement that further commits the City to reimburse Burnham SEV up to a maximum of an additional $2.0 million for continued design work, as well as the start of construction work. This is in an effort to keep the project moving forward as discussions continue on a final Wastewater Treatment Agreement. Reimbursement under this 3rd Work Acceleration Agreement would only occur should a final Wastewater Treatment Agreement not be executed by February 28, 2023. The City and Burnham SEV have agreed to cooperate to ensure the success of the PWRF Pretreatment Phase 3 project. This 3rd Work Acceleration Agreement continues to be important for Burnham SEV to secure equity and debt financing for the Phase 3 project. Staff recommends approval of the proposed Third Work Acceleration Agreement with Burnham SEV. Page 51 of 251 Resolution: Third Work Acceleration Agreement - PWRF Pretreatment Phase 3 Project - 1 RESOLUTION NO. 4306 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A THIRD WORK ACCELERATION AGREEMENT WITH BURNHAM SEV PASCO, LLC, FOR THE ANAEROBIC DIGESTION AND RENEWABLE NATURAL GAS PROJECT RELATED TO THE PROCESS WATER REUSE FACILITY (PWRF) PHASE 3 PROJECT. WHEREAS, the City owns and operates the PWRF to treat and dispose of industrial wastewater from food processors (Processors) located in the vicinity of the City of Pasco; and WHEREAS, the industrial wastewater treatment system operated by the City, including the PWRF, requires improvements to sufficiently treat current and increased Processor wastewater flows to meet City permitted limits; and WHEREAS, the City’s current wastewater treatment system is at or near capacity and requires expansion to enable new Processors to use the facility and existing Processors to expand their operations; and WHEREAS, on September 6, 2022, Council approved a Work Acceleration Agreement with Burnham SEV for the PWRF Pretreatment Improvement Phase 3 project. That agreement allowed up to $2 million of reimbursement to Burnham for work associated with the PWRF improvements should a final Wastewater Treatment Agreement not be executed by October 17, 2022; and WHEREAS, the final executed Work Acceleration Agreement extended the Wastewater Treatment Agreement execution date to November 30, 2022; and WHEREAS, on November 28, 2022, Council approved a Second Work Acceleration Agreement with Burnham SEV for the PWRF Pretreatment Improvement Phase 3 project. That agreement allowed up to an additional $3.5 million of reimbursement to Burnham for work associated with the PWRF improvements should a final Wastewater Treatment Agreement not be executed by January 31, 2023; and WHEREAS, the City and Burnham are not able to execute a final Wastewater Treatment Agreement by the January 31, 2023, deadline. Therefore, in accordance with the executed Second Work Acceleration Agreement, reimbursements will be paid for work done by Burnham up to January 31, 2023; and WHEREAS, to keep the PWRF Pretreatment Phase 3 project moving forward as discussions continue on a final Wastewater Treatment Agreement, the City and Burnham agree that a third Work Acceleration Agreement is necessary for the final design and start of construction; and Page 52 of 251 Resolution: Third Work Acceleration Agreement - PWRF Pretreatment Phase 3 Project - 2 WHEREAS, reimbursement under this Third Work Acceleration Agreement would only occur should a final Wastewater Treatment Agreement not be executed by February 28, 2023 or as otherwise agreed to by the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager for the City of Pasco is hereby authorized to execute the Third Work Acceleration Agreement with Burnham SEV for the Wastewater Treatment, Anaerobic Digestion and Renewable Natural Gas Project, a copy of which is attached hereto, and incorporated by this reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, this 6th day of February 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 53 of 251 1 WASTEWATER TREATMENT, ANAEROBIC DIGESTION AND RENEWABLE NATURAL GAS PROJECT THIRD WORK ACCELERATION AGREEMENT THIS AGREEMENT (this “Agreement”) entered into as of February ____, 2023 (the “Effective Date”), by and between Burnham SEV Pasco LLC (“Developer”) and the City of Pasco, Washington, a Municipal Corporation (the “City”) (each and “Party” and together the “Parties”). WHEREAS, the City operates a Process Water Reuse Facility (“PWRF”) to treat and dispose of industrial wastewater from food processors (“Processors”) located in the vicinity of the City of Pasco; and WHEREAS, the City owns and operates the Foster Wells Lift Station and force mains, the Columbia East Lift Station and force mains, the PWRF and the Land Treatment System with all associated irrigation, pivots, pipes, wells, and appurtenances for the treatment and disposal of Processors’ industrial wastewater; and WHEREAS, the industrial wastewater treatment system operated by the City, including the PWRF, requires improvements in order to sufficiently treat current and increased Processor wastewater flows to meet City permitted limits; and WHEREAS, the City’s current wastewater treatment system is at or near capacity and requires expansion to enable new Processors to use the facility and existing Processors to expand their operations; and WHEREAS, the City issued a request for proposal (“RFP”) under the provisions of RCW 70A.140 for the development of a new wastewater treatment plant that includes anaerobic digestion for more comprehensive wastewater treatment and nitrogen removal to bring the total effluent nitrogen loads to within the City’s discharge permit levels (the “Wastewater Treatment System”), and a gas cleanup system (“Gas Cleanup System”) for the production of renewable natural gas (collectively, the “Project”); and WHEREAS, Developer submitted a proposal in response to the City’s RFP, and the City has preliminarily selected Developer to undertake the Project pursuant to an award letter from the City dated May 3, 2022, subject to additional requirements in RCW 70A.140 for final selection and entering into an agreement reviewed by Ecology and approved by the City Council; and WHEREAS, in order to adhere to the City’s desired project schedule, Developer must commence certain preliminary activities related to the engineering, permitting, and financing of the Project as the Developer and City work towards executing a final agreement for the Project; and WHEREAS, procurement of services to perform those preliminary activities requires compliance with the requirements of RCW 39.80, which have been met by the City by publishing in advance the City’s requirement for professional services in a Request for Proposal (“RFP”) Page 54 of 251 2 (RCW 39.80.030), evaluating the Developer’s qualifications (RCW 39.80.040), and negotiating the services and price of the provisions of this Agreement (RCW 39.80.050); and WHEREAS, City has requested that Developer commence preliminary activities on the Project prior to executing a definitive Wastewater Treatment Agreement (“WTA”) which will outline the terms and conditions under which the City will contract with the Developer for industrial wastewater treatment services under the provisions of RCW 70A.140; and WHEREAS, City and Developer entered into that certain Anaerobic Digestion and Renewable Natural Gas Project Work Acceleration Agreement effective October 19, 2022, where Developer agreed to undertake certain preliminary project development activities and City agreed to assist Developer and reimburse Developer up to $2,000,000 if the WTA was not entered into by November 30, 2022 (the “First Agreement”); and WHEREAS, City and Developer entered into a certain Second Work Acceleration Agreement effective November 29, 2022, where Developer agreed to undertake certain preliminary project development activities and City agreed to assist Developer and reimburse Developer up to $3,500,000 if the WTA was not entered into by January 31, 2023 (the “First Agreement”); and WHEREAS, the Parties agree that the WTA will not be entered into by January 31, 2023, and therefore, City shall provide reimbursement to Developer in accordance with the Second Work Acceleration Agreement; and WHEREAS, in response to City’s request, and in exchange for the undertakings and inducements provided by the City herein, and in reliance thereon, Developer will continue to progress certain additional activities, such as engineering, legal, permitting, regulatory, financing, design, and other activities related to the Project, including, without limitation payments to be made to Swinerton Builders, Inc. (“Swinerton”), which agreement contemplates payments from Developer to Swinerton of up to $2,000,000 by February 28, 2023. NOW, THEREFORE, and in consideration of the mutual terms and covenants contained herein, the Parties agree as follows: 1. Developer Obligations. Developer shall: A. Continue with engineering activities and begin construction activities related to the Wastewater Treatment System and the Gas Cleanup System. B. Progress activities related to the financing of the Project, including negotiation of financing documentation and engagement of independent engineering and technical advisors. C. Continue to work with permitting consultants and continue preparation of permits in connection with the Project. Page 55 of 251 3 D. If necessary, continue site evaluation activities, including geotechnical and topographical evaluations, surveys, and environmental reviews. E. Perform, as needed to meet agreed upon schedule, site preparatory work, including without limitation certain grading and other pre-construction activities. F. Indemnify and hold harmless City from any liabilities associated with preparatory work as described in Section 1(E), to the extent that such liabilities were not caused solely by City’s negligence or willful misconduct. Notwithstanding the foregoing, nothing contained herein shall obligate Developer to continue development activities or incur any additional expenses if Developer reasonably determines that City will not move forward with the Project and/or enter into the WTA. 2. City Obligations. City shall: A. Cooperate with Developer in order to ensure the success of the Project, including, without limitation, by: a. Providing Developer with access to the site and personnel who are potentially knowledgeable about the site or the Project. b. Supporting applications for permits for the Project. c. Providing Developer with access to available wastewater flow data, including volumes and composition, and other pertinent information. d. Providing Developer with available site data, such as surveys, site boundary information, geotechnical reports, wetland reports, archeological reviews, or similar information. e. Providing Developer with access to site to perform site preparatory work defined in Section 1(E) above. B. Grant Developer a non-exclusive license on and about the project site for the purposes of performing the site preparatory work described in Section 1(E) and Developer shall indemnify and hold harmless City from any liabilities associated with same, to the extent that such liabilities were not caused solely by City’s negligence or willful misconduct. C. Promptly, upon written request from Developer, the City shall reimburse Developer for all reasonable and documented costs, up to a maximum of $2,000,000.00, incurred by Developer, inclusive of costs incurred through subcontractors, including Gross-Wen Technologies and Swinerton in relation to the Project if City and Developer do not enter into the WTA by February 28, 2023, or such other date as may be agreed to by both Parties in writing; provided however that such reimbursable costs shall not include Page 56 of 251 4 legal costs incurred by Developer for the preparation and negotiation of the WTA, which costs shall be borne solely by the Developer regardless of whether the Parties ultimately enter into a WTA. Notwithstanding the foregoing, the City shall have no obligation to reimburse Developer if Developer is unable or unwilling to enter into a WTA with materially similar terms and conditions as the draft provided to the City on January 26, 2023. 3. Term. This Agreement shall be effective commencing on the Effective Date and shall continue until terminated with the mutual written agreement of the Parties, payment is made by the City to Burnham in full, as confirmed in writing by Burnham, or upon the execution of the WTA by the Parties. 4. Authority to Approve Agreement. The Parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: Burnham SEV Pasco LLC Attn: Chris Tynan 1201 Wilson Blvd., 27th Floor Arlington, VA 22209 City of Pasco City Manager 525 N 3rd Avenue Pasco, WA 99301 The persons signing below are authorized to do so and the execution of this Agreement is valid and binding for all purposes. 5. General Provisions. A. This Agreement constitutes the entire agreement between the Parties and with the exception of the First and Second Agreement, which shall remain in full force and effect, no prior oral or written agreement shall be valid, and any modifications of this Agreement must be in writing signed by all Parties. B. This Agreement shall be binding on the Parties, and their heirs, successors and assigns. C. For the purpose of this Agreement, time is of the essence. 6. Dispute Resolution. In the event of a dispute between the Parties regarding the interpretation, breach, or 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 in accordance with the American Arbitration Association Rules, with all Parties waiving the right of a jury trial upon de novo review. The Parties stipulate that Franklin County Superior Court is the appropriate venue, should judicial relief be required. Any disputes shall be governed by the laws of the State of Washington. Page 57 of 251 5 7. Mutual Cooperation and Further Agreements. The Parties agree to cooperate in good faith with regard to each and every aspect required for the object of this Agreement, and to further sign all documents reasonably necessary to accomplish the purposes of this Agreement. [Signature Page Follows] Page 58 of 251 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. BURNHAM SEV PASCO LLC CITY OF PASCO, WASHINGTON By:_________________________________ By:______________________________ Name: Chris Tynan Name: Adam Lincoln Title: Chief Executive Officer Title: Interim City Manager Date:________________________________ Date:_____________________________ Page 59 of 251 AGENDA REPORT FOR: City Council January 30, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Q Ordinance No 4637 - Eickmeyer/Roundy - Zoning Determination of Annexed Property (ZD 2022-002) I. REFERENCE(S): Proposed Zoning Ordinance Overview Map Hearing Examiner Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4637, assigning zoning to the Eickmeyer/ Roundy annexation area, as recommended by the Hearing Examiner and, further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On May 23, 2022, the City Council approved Ordinance No. 4591, annexing approximately 1,835.71 acres of land generally located in and around Roads 68 and 100 between the pre-annexation northern City limits line and the City’s Urban Growth Boundary. On January 11, 2023, the Hearing Examiner held a public hearing to consider RT RTransition), (Residential -(Low1 -RResidential), Density -(Medium3 - Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business) zoning, as depicted on the proposed zoning map (“Exhibit B”), for the Eickmeyer/Roundy annexation area, in conjunction with the approved annexation. Page 60 of 251 Following the conduct of a hearing the Hearing Examiner recommended the City Council approve RT (Residential Transition), R-1 (Low-Density Residential), R- 3 (Medium-Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business) zoning, as depicted on the proposed zoning map (“Exhibit B”), for the Eickmeyer/Roundy annexation area. V. DISCUSSION: The proposed zoning is in alignment with the City's Comprehensive Plan Land Use designation for the area. The proposed annexation area is within the City’s northwest service area as identified in the Comprehensive Sewer Plan, but is currently served almost exclusively with on-site wells and septic systems. While the southeast portion of the site is part of the East UGA Expansion Sewer Local Improvement district (LID); the majority of the site would be zoned RT (Residential Transition), which operates as a “holding zone,” pending extension of infrastructure to the area. As the annexation and zoning determination process will result in additional residential and commercial development and job creation within the existing Pasco Urban Growth Area, staff recommends Council's approval of the ordinance. Page 61 of 251 Ordinance—Eickmeyer/Roundy ZD 2022-002 - 1 ORDINANCE NO. 4637 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, ASSIGNING ZONING TO THE EICKMEYER/ ROUNDY ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on January 11, 2023, pursuant to the Pasco Municipal Code (PMC) Section 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS, the Hearing Examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC Section 25.210.060, that the proposal: (a) is consistent with the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c) has merit and value for the community as a whole; (d) does not require conditions or mitigation measures; and (e) does not require a concomitant agreement; and Council hereby adopts the Hearing Examiner’s findings, conclusions and recommendation as depicted in Exhibit A attached hereto; and WHEREAS, on May 23, 2022, Ordinance No. 4591, effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Consisting of Tax Parcels 115010032, 115010041, 115170039, 115170048, 115170049, 115170050, 115170067, 115170076, 115170077, 115170078, 115170079, 115180019, 115180030, 115180042, 115180043, 115180044, 124310067, 124310085, 124310111, 124310129, 124310147, 124310227, 124310254, 124310263, 124310272, 124310281, 124310290, 124310300, 124320118, and 124330189, described as follows: THOSE PORTIONS OF SECTIONS 4, 5 AND 6 OF TOWNSHIP 9 NORTH RANGE 29 EAST AND SECTIONS 31 AND 32 OF TOWNSHIP 10 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF ARCHER ESTATES PHASE 2; THENCE NORTH ALONG THE EXTENDED LINE AND THE EAST LINE OF ARCHER ESTATES PHASE 2 AND CONTINUING NORTH ALONG THE EAST LINE OF ARCHER Page 62 of 251 Ordinance—Eickmeyer/Roundy ZD 2022-002 - 2 ESTATES PHASE 1 TO THE NORTHEAST CORNER OF ARCHER ESTATES PHASE 1; THENCE WEST ALONG THE NORTH LINE OF ARCHER ESTATES PHASE 1 TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF DENT ROAD; THENCE NORTH ALONG THE EAST RIGHT OF WAY LINE OF DENT ROAD AND EXTENDING NORTHERLY TO THE INTERSECTION WITH THE NORTH LINE OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST; THENCE WEST ALONG THE NORTH LINE OF SECTION 6 TO THE NORTHWEST CORNER THEREOF ALSO BEING THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 29 EAST WM; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 31 TO THE INTERSECTION WITH THE NORTH LINE OF FARM UNIT 66, IRRIGATION BLOCK 1; THENCE EASTERLY ALONG THE NORTH LINE OF FARM UNIT 66 TO THE WESTERLY LINE OF FARM UNIT 65; THENCE NORTHERLY ALONG THE WESTERLY LINE OF FARM UNIT 65 TO THE NORTH LINE OF SAID FARM UNIT 65; THENCE EASTERLY ALONG THE NORTH LINE OF SAID FARM UNIT 65 TO THE INTERSECTION OF THE EAST RIGHT AWAY LINE OF EASY STREET THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF EASY STREET TO THE INTERSECTION WITH THE NORTH LINE OF FARM UNIT 97, IRRIGATION BLOCK 1; THENCE EASTERLY AND SOUTHERLY FOLLOWING THE NORTH LINE OF FARM UNIT 97 TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF COLUMBIA RIVER ROAD; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF COLUMBIA RIVER ROAD TO THE INTERSECTION THE SOUTH RIGHT OF WAY LINE OF CLARK ROAD; THENCE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF CLARK ROAD TO THE INTERSECTION WITH THE EAST LINE OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 4 TO THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE WEST ALONG THE EAST -WEST SECTION LINE OF SECTION 4 TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF ROAD 68; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF ROAD 68 TO THE INTERSECTION WITH SOUTH LINE OF SECTION 4; THENCE WEST ALONG THE SAID SOUTH LINE OF SECTION 4 TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF ROAD 68; THENCE NORTHERLY ALONG THE WEST RIGHT OF WAY LINE OF ROAD 68 TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE WEST ALONG SAID NORTH LINE TO THE INTERSECTION WITH THE WEST LINE OF SAID SECTION 4 ALSO BEING THE EAST LINE OF SECTION 5, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 5 TO INTERSECT THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 5; THENCE EAST FOLLOWING SAID NORTH LINE TO THE INTERSECTION WITH THE WEST LINE OF SAID SECTION 5; THENCE NORTH ALONG THE WEST LINE OF SECTION 5 TO THE Page 63 of 251 Ordinance—Eickmeyer/Roundy ZD 2022-002 - 3 INTERSECTION WITH THE SOUTH LINE OF FARM UNIT 77, IRRIGATION BLOCK 1; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID FARM UNIT 77 TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF DENT ROAD; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF DENT ROAD TO THE INTERSECTION WITH THE NORTH-SOUTH CENTERLINE OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 6 TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD TO THE POINT OF BEGINNING. COMPRISING APPROXIMATELY 1,835.71 ACRES, MORE OR LESS. Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit B, be and the same is hereby assigned zoning as follows: 1. C-1 (Retail Business): Portions of parcels 115010032 and 115170078, as depicted in Exhibit “B.” 2. R-1 (Low-Density Residential): Parcels or portions of parcels 115010032, 115170078, 115170049, 115170067, 115180042, 115180043, 115180044, and 115170079 as depicted in Exhibit “B;” 3. R-3 (Medium-Density Residential): Portions of parcels 115010032, 115170078, 115170079, and 115170077 as depicted in Exhibit “B;” 4. R-4 (High-Density Residential): Portions of parcels 115170076 and 115170050 as depicted in Exhibit “B;” 5. RT (Residential Transition): Parcels or portions of parcels 115010041, 115170039, 115170048, 115180030, 124310067, 124310085, 124310111, 124310129, 124310147, 124310227, 124310254, 124310263, 124310272, 124310281, 124310290, 124310300, 124320118, 124330189, 115170077, 115170076, 115170050, and 115180019 as depicted in Exhibit “B;” Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 64 of 251 Ordinance—Eickmeyer/Roundy ZD 2022-002 - 4 PASSED by the City Council of the City of Pasco, Washington, on this 6th day of February, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________________ Page 65 of 251 9y, , , " ,, %%, &$'%+%),%*,#(, !, ,,  ,  , y y y y y   ,   , ,    , , ,, ,    , F6;Ey>*yF81CyZMt]eXyOgbRygeyVkyZRMk]eXy]eyWgenygSynZRy-]nwygSyBMmOgy6RMk]eXy2vMc]eRkygey :MesMkwy yy nZRy 6RMk]eXy 1vMc]eRky ZMt]eXy nM^Rey Rt]PReORy ZRkRNwy msNb]nmy nZRyV__gu]eXy CROgbcReQRPy 3]eP]eXmygSy4MOny CROgbbRePRPy -geO_sm]gemygSy<MuyMePy CROgbcRePMn]geyMmy V__gum#y     ,   , ,  *ii_]OMenm$y<RRy 2]O^bRwRkyRnyM_yy1Mmwy EnkRRnyBMmOgy I*y""  Jge]eXy.RnRkb]fMn]geyCRjsRmn&y.RtR_gicRenygSyMyxge]eXykROgcdRePMn]geyVkynZR 1]O^bRwRkyRnyM_y*eeRvMn]geygSyMiikgv]cMnR_wy! yMOkRmygSy_MePy_gOMnRPy]eyMeP MkgsePyCgMPmy!yMeQyyNRnuRReynZRyegkpZRly-]nwygSyBMmOgy-]ry=]b]nmy<]eRyMePyn\R -]nwmyGkNMey5kgunZy,gsePMkw BkgiRknw*ii_]OMn]gey/RmOk]in]ge% yy 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%% $%!%% %% %% %%Page 75 of 251 Item:Eickmeyer-RoundyAnnexationApplicants:LeeEickmeyer,et211.File#:ANX2022—002/ZD2022-002OverviewI'IS-ANDIFURPage 76 of 251 AGENDA REPORT FOR: Hearing Examiner December 29, 2022 TO: Rick White Director, C&ED Hearing Examiner: 1/11/23 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Zoning Determination - Eickmeyer, Et al. Annexation (ZD 2022-002) I. REFERENCE(S): Hearing Examiner Staff Report Site Maps Notice Affidavit of Mailing II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: RTzonedbeareaAnnexationEtEickmeyer,therecommends Staff Al. (Residential Transition), R-1 (Low-Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business), as depicted on the proposed zoning map (“Exhibit A”) attached to the January 11, 2023 Hearing Examiner report. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: APPLICANTS: Lee Eickmeyer, et al. 510 Easy Street Pasco WA 99301 GENERAL LOCATION: Located in and around Roads 68 and 100 between the northern City of Pasco city limits line and the City's Urban Growth Boundary. CURRENT ZONING: Since its annexation in May of 2022, the site has had no zoning; it is currently being farmed with irrigation pivots. Page 77 of 251 SIZE: Approximately 1,835.71 acres. V. DISCUSSION: Particulars of the requested amendment/proposal: Staff has recommended RT (Residential Transition), R-1 (Low-Density Residential), R-3(Medium- Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business), as depicted on the proposed zoning map (“Exhibit A”) Additional highlights as necessary: 1. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on 28 December 2022. 2. City Council approved the Eickmeyer, et al Annexation (Ordinance 4591) on May 23, 2022. 3. No zoning was assigned in conjunction with the May 2022 annexation. 4. Areas not zoned RT would be located within the East UGA Expansion Sewer Local Improvement district (LID). 5. The Comprehensive Plan Land Use Designations for the property are as follows: a. Low-Density Residential b. Medium-Density Residential c. High-Density Residential d. Commercial 6. Rezoning the property to RT, R-1, R-3, R-4, and C-1 will align closely with the Comprehensive Plan Land Use designations for the area. 7. Zoning provides certainty and benefit to the property owners, developers, and adjoining property owners. 8. The proposed annexation area is within the City’s northwest service area as identified in the Comprehensive Sewer Plan. 9. The site is served almost exclusively with on-site wells and septic systems. 10. The southeast portion of the site is part of the East UGA Expansion Sewer Local Improvement district (LID). 11. The majority of the site would be zoned RT (Residential Transition), which operates as a “holding zone,” pending extension of utilities to the area. Page 78 of 251 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY January 11, 2023 6:00 PM 1 MASTER FILE #: ZD 2022-002 APPLICANTS: Lee Eickmeyer, et al. 510 Easy Street Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Eickmeyer, et al. Annexation of approximately 1,835.71 acres of land located in and around Roads 68 and 100 between the northern City of Pasco City Limits Line and the City's Urban Growth Boundary. BACKGROUND 1. PROPERTY DESCRIPTION: That Real property in the County of Franklin, State of Washington, described as follows: Consisting of Tax Parcels 124310129, 124310147, 124310227, 124310290, 124310281, 124310263, 124310300, 115180044, 115180043, 115010041, 115170039, 115180019, 124310067, 124310085, 124310272, 124320118, 124310254, 115180030, 115170048, 124310111, 115170067, 115180042, 124330189, 115170078, 115010032, 115170076, 115170079, 115170077, described as follows: Those portions of Sections 4, 5 and 6 of Township 9 North Range 29 East and Sections 31 and 32 of Township 10 North Range 29 East, W.M., described as follows: Beginning at the intersection of the south right-of-way line of Burns Road and the southerly extension of the east line of Archer Estates Phase 2; thence north along the extended line and the east line of Archer Estates Phase 2 and continuing north along the east line of Archer Estates Phase 1 to the northeast corner of Archer Estates Phase 1; thence west along the north line of Archer Estates Phase 1 to the intersection with the east right-of-way line of Dent Road; thence north along the east right-of-way line of Dent Road and Extending northerly to the intersection with the north line of Section 6, Township 9 north, Range 29 east; thence west along the north line of Section 6 to the northwest corner thereof also being the southwest corner of Section 31, Township 10 North, Range 29 East WM; thence north along the west line of said Section 31 to the intersection with the north line of Farm Unit 66, Irrigation Block 1; thence easterly and northerly following the north line of Farm Unit 66 to the intersection with the east right- of-way line of Easy Street; thence south along the east right-of-way line of Easy Street to the intersection with the north line of Farm Unit 97, Irrigation Block 1; thence easterly Page 79 of 251 2 and southerly following the north line of Farm Unit 97 to the intersection with the east right-of-way line of Columbia River Road; thence southerly along the easterly right-of-way line of Columbia River Road to the intersection the south right-of-way line of Clark Road; thence east along the south right-of-way line of Clark Road to the intersection with the east line of Section 4, Township 9 North, Range 29 East, WM; thence south along the east line of said Section 4 to the east corner of said Section 4; thence west along the east -west section line of Section 4 to the intersection with the east right-of-way line of Road 68; thence southerly along the east right-of-way line of Road 68 to the intersection with south line of Section 4; thence west along the said south line of Section 4 to the intersection with the west right-of-way line of Road 68; thence northerly along the west right-of-way line of Road 68 to the north line of the south half of the south half of the southwest quarter of Section 4, Township 9 North, Range 29 East, WM; thence west along said north line to the intersection with the west line of said Section 4 also being the east line of Section 5, Township 9 North, Range 29 East, WM; thence north along the east line of said Section 5 to intersect the north line of the south half of the south half of said Section 5; thence east following said north line to the intersection with the west line of said Section 5; thence north along the west line of Section 5 to the intersection with the south line of Farm Unit 77, Irrigation Block 1; thence northerly along the westerly line of said Farm Unit 77 to the intersection with the south right-of-way line of Dent Road; thence west along the south right-of-way line of Dent Road to the intersection with the north-south centerline of Section 6, Township 9 north, Range 29 east, Wm; thence south along the north-south centerline of said Section 6 to the intersection with the south right-of-way line of Burns Road; thence west along the south right-of-way line of Burns Road to the Point of Beginning. Comprising approximately 1,835.71 acres, more or less. General Location: Approximately 1,835.71 acres of land located in and around Roads 68 and 100 between the northern City of Pasco city limits line and the City's Urban Growth Boundary. Property Size: Parcel Taxpayer Name Acres 124310129 BAIR PROPERTIES LLC 0.86 124310147 KIRK E & DEBORAH L BAIR 1.89 124310227 LINDSEY N FANGMAN 0.85 124310290 PATRICK & KRISTINNA DEAN 2.66 124310281 LUBOV L & TOBIN L HAMILTON 2.09 124310263 TERESA LEUNG-NEWMAN 1.90 124310300 USA-BUREAU OF RECLAMATION 1.63 115180044 LEE A & LYNNE M EICKMEYER 0.52 115180043 BIG SKY DEVELOPMENT IRRIGATION POND LLC 3.51 115010041 COLUMBIA WATERS FARM LLC 180.42 115170039 KRISTINE E WEITZ 49.07 115180019 LORI ANN SIMPSON (ETAL) 114.37 Page 80 of 251 3 124310067 THREE BAIRS LLC 54.45 124310085 THREE BAIRS LLC 66.01 124310272 THREE BAIRS LLC 114.67 124320118 KING & ELAINE MARS 246.55 124310254 MARK & MARY JO SULLIVAN 60.60 115180030 ROCKY HILLS MANAGEMENT LP 155.95 115170048 LEE A EICKMEYER 210.88 124310111 THREE BAIRS LLC 60.38 115170067 RANDY R MULLEN (ETAL) 81.76 115180042 PASCO SCHOOL DISTRICT NO. 1 71.96 124330189 DT WAREHOUSE LLC 22.80 115170078 COLUMBIA WATERS FARM LLC 31.42 115010032 COLUMBIA WATERS FARM LLC 223.73 115170076 COLUMBIA WATERS FARM LLC 25.03 115170079 COLUMBIA WATERS FARM LLC 24.97 115170077 COLUMBIA WATERS FARM LLC 24.75 TOTAL 1,835.71 2. ACCESS: The site is accessed from Dent Road, Broadmoor Boulevard, Road 68, and Columbia River Road. 3. UTILITIES: The site is served with on-site wells and septic systems; the southeast portion of the site is part of the East UGA Expansion Sewer Local Improvement district (LID). 4. LAND USE AND ZONING: Since its annexation in May of 2022, the site has had no zoning; it is currently being farmed with irrigation pivots. Surrounding properties are zoned and developed as follows: NORTH: AP-20 (County) Agriculture EAST: AP-20; RR-1 (County), R-1 Agriculture; SFDUs SOUTH: RR-5 (County) R-1; RS-1 SFDUs, Vacant WEST: RC-1; RS-40; RS-20 (County) SFDUs; Agriculture 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low Density Residential, Medium-Density Residential, High-Density Residential, and Commercial uses (See Comprehensive Plan Map). 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project prior to platting and development. A Determination of Non-Significance or a Mitigated Determination of Non-Significance is likely (WAC 197-11-355). Page 81 of 251 4 ANALYSIS On May 23, 2022, the City Council approved Ordinance 4591, annexing approximately 1,835.71 acres of land generally located in and around Roads 68 and 100 between the pre-annexation northern City limits line and the City’s Urban Growth Boundary. The Hearing Examiner is to hold a zoning determination hearing to recommend appropriate zoning districts for the annexation area. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to expand primarily residential and commercial opportunities within the City of Pasco’s Urban Growth Area (UGA). To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: (1) The date the existing zone became effective; The site is currently un-zoned; no zoning was assigned in conjunction with the May 2022 annexation. (2) The changed conditions which are alleged to warrant other or additional zoning; • The property in question was annexed to the City of Pasco on May 23, 2022. • The property needs to be zoned prior to any development occurring. (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; The property was annexed to the City on May 23, 2022 and needs to be zoned. The justification for the zoning determination is the fact that if a zoning designation is not determined the property would remain without zoning. For the advancement of the general welfare of the community the property needs to be zoned. (4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Staff has recommended RT (Residential Transition), R-1 (Low-Density Residential), R-3 (Medium- Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business) zoning for the area; rezoning the property to RT, R-1, R-3, R-4, and C-1 will align closely with the Comprehensive Plan Land Use designations for the area. (5) The effect on the property owner or owners if the request is not granted; Page 82 of 251 5 Without the annexation area being assigned a specific zoning district, the area will continue to be un-zoned. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. (6) The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designations for the property include Low Density Residential, Medium-Density Residential, High-Density Residential, and Commercial uses (See Comprehensive Plan Map). (7) Such other information as the Hearing Examiner requires. The site contains approximately 1,835.71 acres of land located in and around Roads 68 and 100 between the former northern City of Pasco City Limits Line all within the City's Urban Growth Boundary. Contiguous properties to the south and east were annexed in 1982 (Ordinance 2388), 2015 (Ordinance 4223), 2016 (Ordinance 4283), 2017 (Ordinance 4339), 2018 (Ordinance 4387), and 2022 (Ordinance 4574). The parcels are all located within the Urban Growth Area (UGA) and the newly annexed City Limits; parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low-Density Residential, Medium-Density Residential, High-Density Residential, and Commercial development (See Comprehensive Plan Map). Although the proposed annexation area is within the City’s northwest service area as identified in the Comprehensive Sewer Plan, the site is served almost exclusively with on-site wells and septic systems; however, the southeast portion of the site is part of the East UGA Expansion Sewer Local Improvement district (LID). As such, the majority of the site would be zoned RT (Residential Transition), which operates as a “holding zone,” pending extension of utilities to the area. Areas not zoned RT would be located within the East UGA Expansion Sewer Local Improvement district (LID). The following table depicts the allocation of land to each zoning district, in acres: Proposed Zoning Acres C-1 75.72 R-1 379.01 R-3 77.55 R-4 81.17 RT 1,224.17 Totals 1,838 The Description and Allocation Table of the Comprehensive Plan specifies the following Purposes, Descriptions, and allowed zoning for each Land Use Designation: Page 83 of 251 6 Classification Purpose and Description Zoning * Low Density Residential Single family residential development at a density of 2 to 5 dwelling units per acre R-S-20; R-S-12; R-S-1; R- 1; R-1-A; R-1-A2 Medium Density Residential Single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre R-2 through R-4; RP High-Density Residential Multiple unit apartments or condominiums at a density 21 units per acre or more R-4 Commercial Neighborhood, community and regional shopping and specialty centers, business parks, service and office uses O; BP; C-1; C-2; C-3; CR INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on 28 December 2022. 2. City Council approved the Eickmeyer, et al Annexation (Ordinance 4591) on May 23, 2022. 3. The annexation area comprises approximately 1,835.71 acres. 4. The annexation area is generally located in and around Roads 68 and 100 between the pre-annexation northern City limits line and the City’s Urban Growth Boundary. 5. The Hearing Examiner is to hold a zoning determination hearing to recommend appropriate zoning districts for the annexation area. 6. The Hearing Examiner is required to consider a. the existing land uses, b. nearby development, c. zoning, d. policies of the Comprehensive Plan and e. the Land Use Designations of the Land Use Map. 7. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 in developing a zoning recommendation. 8. The purpose of the annexation is to expand primarily residential and commercial opportunities within the City of Pasco’s Urban Growth Area (UGA). Page 84 of 251 7 9. Appropriate zoning should be applied to the proposed annexation area so as to maintain consistency with a. Current (or former) zoning, b. Current land uses, c. Utility planning, and d. The Comprehensive Plan. 10. The site is currently un-zoned 11. No zoning was assigned in conjunction with the May 2022 annexation. 12. The property in question was annexed to the City of Pasco on May 23, 2022. 13. The property needs to be zoned prior to any development occurring. 14. If a zoning designation is not determined the property would remain without zoning. 15. For the advancement of the general welfare of the community the property needs to be zoned. 16. Staff has recommended the following zoning designations for the area: a. RT (Residential Transition) b. R-1 (Low-Density Residential) c. R-3 (Medium-Density Residential) d. R-4 (High-Density Residential) e. C-1 (Retail Business) 17. Areas not zoned RT would be located within the East UGA Expansion Sewer Local Improvement district (LID). 18. Rezoning the property to RT, R-1, R-3, R-4, and C-1 will align closely with the Comprehensive Plan Land Use designations for the area. 19. Zoning provides certainty and benefit to the property owners, developers, and adjoining property owners. 20. The Comprehensive Plan Land Use Designations for the property are as follows: a. Low-Density Residential b. Medium-Density Residential c. High-Density Residential d. Commercial 21. The site contains approximately 1,835.71 acres of land located in and around Roads 68 and 100 between the former northern City of Pasco City Limits Line all within the City's Urban Growth Boundary. 22. Contiguous properties to the south and east were annexed as follows: a. 1982 (Ordinance 2388) b. 2015 (Ordinance 4223) c. 2016 (Ordinance 4283) d. 2017 (Ordinance 4339) Page 85 of 251 8 e. 2018 (Ordinance 4387) f. 2022 (Ordinance 4574) 23. The proposed annexation area is within the City’s northwest service area as identified in the Comprehensive Sewer Plan. 24. The site is served almost exclusively with on-site wells and septic systems. 25. The southeast portion of the site is part of the East UGA Expansion Sewer Local Improvement district (LID). 26. The majority of the site would be zoned RT (Residential Transition), which operates as a “holding zone,” pending extension of utilities to the area. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Staff has recommended mostly RT (Residential Transition), along with R-1 (Low-Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business) zoning for the area; rezoning the property to RT, R-1, R-3, R-4, and C-1 will align closely with the Comprehensive Plan Land Use designations for the area. Areas not zoned RT would be located within the East UGA Expansion Sewer Local Improvement district (LID). 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the proposed annexation area RT (Residential Transition), R-1 (Low-Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business) zoning will cause the site to be consistent with the Comprehensive Plan and compatible with development taking place to the south. 3. There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Low-Density Residential, Medium-Density Residential, High-Density Residential, and Commercial development (See Comprehensive Plan Map). Assigning RT, Page 86 of 251 9 R-1, R-3, R-4, and C-1 zoning will lead to additional housing, convenient shopping, and employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 5. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the City Council zone the Eickmeyer, et al. Annexation Area, comprising parcels 124310129, 124310147, 124310227, 124310290, 124310281, 124310263, 124310300, 115180044, 115180043, 115010041, 115170039, 115180019, 124310067, 124310085, 124310272, 124320118, 124310254, 115180030, 115170048, 124310111, 115170067, 115180042, 124330189, 115170078, 115010032, 115170076, 115170079, and 115170077, to the following zoning designations: RT (Residential Transition), R-1 (Low-Density Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential), and C-1 (Retail Business) zoning, as depicted on the proposed zoning map (“Exhibit A”) attached to the January 11, 2023 Hearing Examiner report. Page 87 of 251 Page 88 of 251 Page 89 of 251 Page 90 of 251 Page 91 of 251 Page 92 of 251 Page 93 of 251 Page 94 of 251 Page 95 of 251 Page 96 of 251 Page 97 of 251 ¥:PTWWPSC1PSC4PSC6West Pasco TrunkPSC2Northwest Service AreaPSC5Hillsboro InterceptorNorth Court St AreaPSC3East Service AreaRoad 68InterceptorPRLSoutheast Pasco TrunkNE Commercial Ave AreaRoad 84 InterceptorRoad 44 InterceptorRoad 40 EastInterceptorBroadmoor BlvdInterceptorSacajaweaPark RoadInterceptorPort of Walla WallaDENT RDE A STCLARK RDN 4TH AVEW COURT STN R AI LROAD AV E W A STR O A D 6 8 W SYLVESTER STPASCO KAHLOTUS RDSANDIFUR PKWYW LEWIS STE FOSTER WELLS RDROAD 44ROAD 48ROAD 84ROAD 56BURDEN BLVDWERNETT RDROAD 60HARRIS RDGL A DE NO RT H R D N 20TH AVEROAD 64ROAD 36PIEKARSKI RDFANNING RDLENTZ RDIVY RDROAD 96W ARGENT RDE LEWIS STN 14TH AVEEASY STROAD 52BEUS RDROAD 72ROAD 76E AINSWORTH AVEW CLARK STVOSS RDRICHVIEW DR N CAPITOL AVEE CRANE STN COMMERCIAL AVE ROAD 88JANET RDN 24TH AVER O A D 6 8 N MARTINDALE RDROAD 100E DOCK STW B STALDERSO N RDW HENRY STROAD 34W BONNEVILLE STBLASDEL RDN 18TH AVEN 19TH AVEC O L U M B IA R IV E R R D N O R E G O N A V E W PEARL STN 22ND AVEE LEWIS PLIRIS L NTAYLOR FLATS RDFEED LOT RDKOHLER RDARGENT RDW ELLA STROAD 36 NN ELM AVEDIETRICH RDCHAPEL HILL BLVDN 1 S T A V E WRIGLEY DRS O R E G O N A V E SACAJAWEA PARK RDE B CIRCBROADMOOR BLVDPIMLICO DRPOWERLINE RDS W A L L O W A V E LAREDO DRS 10TH AVES T E A R M A N A V E CONVENTION DRROAD 32N OWEN AVESAHARA DRELIZABETH RDDRADIE STROAD 80S 4TH AVEIN D U S T R I A L W A Y ROAD 42 NS ROAD 40 EROBERT WAYNE DRPEARL STS ELM AVESHOR E L IN E R D ST THOMAS DRE B STROAD 30N WEHE AVEKEPPS RDN 28TH AVEWELSH DROLIVER DRFENWAY DRSHANNON LNYUMA DRDESERT PLATEAU DRFEED LOT NORTH RDN CEDAR AVEM E S SARA LNBYERS RDROAD 54ARGENT PLE KARTCHNER STN 26TH AVEROAD 42ROAD 57MASSEY DRMEEKER RDROAD 108CAPITOL AVEQUADRA DRKAU TRAIL RDSALEM DRN 17TH AVEB STOVERTON RDS CEDAR AVEOCHOCO LNROAD 105ROAD 103S 1ST AVEROAD 67KING AVEHUDSON D R LINCOLN DRSEVILLE DRARTHUR LN MAPLE DRSE ROAD 36N R A IN I ER AVE E SUPERIOR STSEGOVIA DRMC DO N ALD DR IVY LNE JAMES STH E R IT A GE BLVD 5TH STN 5TH AVECHIAWANA PARK RD D STSUNSET LNS MAITLAND AVEROAD 39W RIVER STN HUGO AVEROAD 92N 13TH AVEROAD 62ESTRELLA DRS 28TH AVEROAD 50SANTA FE LN M A D R O N A A V E JASON AVEW PARK STS F R O N T A V E S E D ONA D R DUSTY RD HOMERUN RDBAKER STW NIXON STROAD 97CRESCENT RDROAD 37W OPAL STS 13TH AVESTUTZ DRN 10TH AVES 25TH AVE2ND STSU NS E T TR LBAKERLOO LN S HUGO AVEROAD 45SANDY RIDGE RD ROAD 40LIVINGSTON RDSALMON DRW JAY STN 23RD AVES GRAY AVEROAD 46DUNSMUIR DRW MARIE STS 23RD AVEAVION DRDIAMOND DRPHEASANT LNN 7TH AVEAUSTIN DRORIOLE LNT E R M IN A L D R TERRACE DRDENVER DRROCKWELL STANTHONY LNROAD 48 NARGENT RDN 5TH A V E ROAD 60W HENRY STARGENT RDROAD 52PEARL STROAD 36ROAD 44W JAY STN 19TH AVEW PARK STW ELLA STCHAPEL HILL BLVD]^‰I-182Z[12Legend¥:PTWWWastewater Treatment PlantIndustrial AreasUrban Growth AreaCity LimitParcelRiverComprehensive Sewer PlaneFigure 2-1Industrial Areas Defined by Sewer Basins11-1261March 201305,0002,500 FeetI:\BOI_Projects\11\1261\GIS\MXD\MXD_Updated Figures\Fig2-1_Industrial Areas.mxd 12/4/2013 3:01:35 PM CDZColumbia RiverSnake RiverPage 98 of 251 BNSF RAILRO A D N GLADE RD CLARK RDBURNS ROADCITY OF PASCOEAST UGA LID: PHASE 4CALL 48 HOURS BEFORE YOU DIGONE CALL 811REPORT ALL SPILLSDEPT. OF ECOLOGY 1-800-258-5990Dec. 14, 2022LIDPH4-P-COV.DWGCITY OF PASCOEAST UGA LID: PHASE 4XXTHE FOLLOWING CONVENTIONS HAVE BEEN USED WITHIN THESE DRAWINGS TOREFER THE READER BETWEEN THE SECTION/DETAIL AND THE PLAN FROM WHICH IT ISREFERENCED.REFERENCE BUBBLESPLAN REFERENCE BUBBLE - REFERS READER BACK TO THE PLANFROM WHICH THE DETAIL OR SECTION ORIGINATED.DETAIL/SECTION REFERENCE BUBBLE - REFERS READER TO THEDRAWING ON WHICH THE DETAIL OR SECTION IS LOCATED.WHERE, ID = SECTION/DETAIL REFERENCE NUMBER## = DRAWING NUMBER ON WHICH DETAIL ORIGINATED OR RESIDES.SECTION/DETAIL REFERENCE NUMBER CONVENTIONS:SECTIONS OR ELEVATIONS SHOULD HAVE A LETTER REFERENCE NUMBER(A THROUGH ZZ).21-030060% REVIEWDRAWINGSSURVEY NOTESDRAWING INDEXSECTION AND DETAIL REFERENCESABBREVIATIONSCONTACT PERSONNELCONTACT AGENCY PHONE (509)RYAN WITHERS, P.E. (PROJECT MANAGER) RH2 ENGINEERING 392-6503PAUL CROSS, P.E. (PRINCIPAL-IN-CHARGE) RH2 ENGINEERING 392-6502JOE LAWRENCE (STAFF ENGINEER) RH2 ENGINEERING 392-5023KYLE PALMER (STAFF ENGINEER) RH2 ENGINEERING 392-6497BRANDON LANE (ENGINEER II) CITY OF PASCO 544-4128MARIA SERRA, P.E. (DEPUTY PWDIRECTOR-ENGINEERING) CITY OF PASCO 544-4125STEVE WORLEY, P.E. (PW DIRECTOR) CITY OF PASCO 543-3738CB CATCH BASINCITY CITY OF PASCOCONC CONCRETECOUNTY FRANKLIN COUNTYCL CENTERLINECPEP CORRUGATED POLYETHYLENECSBC CRUSHED SURFACING BASE COURSECSTC CRUSHED SURFACING TOP COURSEDIAM DIAMETERDI DUCTILE IRONDND DO NOT DISTURBDWG DRAWINGE EASTINGELEV ELEVATIONEOP EDGE OF PAVEMENTEX EXISTINGHMA HOT MIXED ASPHALTIE INVERT ELEVATIONLLEFTLT LEFTLF LINEAR FEETN NORTHINGNTE NOTE TO ENGINEERP POWERPE POLYETHYLENEPROP PROPOSEDPVC POLYVINYL CHLORIDERRIGHTRE RIM ELEVATIONRT RIGHTROW RIGHT-OF-WAYSPEC SPECIFICATIONSSS SANITARY SEWERSSMH SANITARY SEWER MANHOLEST STORMSTA STATION LINESTD STANDARDSY SQUARE YARDSTYP TYPICALW WATERPROJECT LOCATIONVERTICAL DATUM: NAVD88 BASED ON PRIOR WORK IN THE SAME LOCATION.HORIZONTAL CONTROL: NORTH AMERICAN DATUM (NAD) 1983 (2011) FOR WASHINGTON STATE -SOUTH ZONE COORDINATE SYSTEM. US SURVEY FOOT. (ESPG: 6599).ALL DISTANCES ARE GROUND MEASUREMENTS, U.S. SURVEY FEET.COMPLETE SURVEY WAS NOT PROVIDED FOR VARIOUS SURFACE LINEWORK. IN THE ABSENCE OFSURVEY THESE FEATURES WERE DRAFTED USING AERIAL IMAGERY WITH THE ABOVE HORIZONTALDATUM.SEE PROJECT LOCATIONMAP, THIS SHEET.PRELIMINARY PRELIMINARYPROPOSED SEWER MAIN ROUTENTE: OBLIQUE VIEW TO BECOMPLETED W/ FINALDEVELOPMENT CONFIRMEDSHEET NUMBER SHEET TITLE DWG NOPROJECT LOCATION MAPPIPE LENGTH MEASUREMENTSFLANGE x FLANGE (FLxFL) PIPEMEASURED FROM FACE OFFLANGE TO FACE OF FLANGE.FLANGE x PLAIN END (FLxPE) PIPEMEASURED FROM FACE OFFLANGE TO CENTER OF FITTING.PLAIN END x PLAIN END (PExPE)PIPE MEASURED FROM CENTER OFFITTING TO CENTER OF FITTING.RESTRAINED JOINT x RESTRAINEDJOINT (RJxRJ) PIPE MEASURED FROMCENTER OF FITTING TO CENTER OFFITTING.PIPE LENGTHPIPE LENGTHPIPE LENGTHPIPE LENGTHPIPE LENGTHS CALLED OUT ON PLANS ARE MEASURED AS FOLLOWS:FITTINGS ARE ASSUMED TO BE STANDARD LENGTH 125#, 250# FLANGED OR COMPACT CLASS 350MECHANICAL JOINTS. CONTRACTOR RESPONSIBLE FOR VERIFYING LENGTHS. IT IS THECONTRACTOR'S RESPONSIBILITY TO TAKE INTO ACCOUNT ANY VARIATIONS IN FITTING DIMENSIONS.SEE PSEE SEESEESROJECCCCCT LOCTT LATIONLOCLATIOMAP, MAPPPTHISSTHISHSHEETSHEETSHEETT.MAPAPPROJECT VICINITY MAPPage 99 of 251 CITY OF PASCO CONTROL POINT133, P R O J E C T B E N C H M A R K 5/8" REBAR WITH RED CAPSTAMPED "HLA CONTROL"COORDINATES IN U.S. SURVEYFEET:NORTHING(Y): 350035.96EASTIN G ( X ) : 1 9 7 9 6 0 6 . 9 2 ELEV A T I O N ( Z ) : 4 8 6 . 1 8 CONTROL POINT 11/2" R E B A R W I T H R E D CAP STAMPED "HDJCONTR O L " CONTRO L P O I N T 2 1/2" REBAR WITH REDCAP ST A M P E D " H D J CONTRO L "CONTROL POINT 3TEMPO R A R Y CONTROL POINTNOT F O U N D , D E R I V E D B Y U S I N G 1/4 C O R N E R M O N U M E N T S T O ESTABLISH CENTER OF SECTIONLINES , R E S U L T A N T I N T E R S E C T I O N HELD A S C E N T E R O F S E C T I O N 1 / 4 CORNERFOUND 2 " B R A S S C A P : " 1 / 4 S 2 - S 3 1939 B.O.R.", 1' WEST OF FENCECORNE R FOUND 3 " B R A S S C A P I N C A S E W I T H CENTE R P U N C H , H E L D F O R 1 / 4 CORNER PER WEST PASCO TERRACEPHASE 2 , V O L . D , P G . 4 0 3 ( A F N 17606 7 1 ) NOT VI S I T E D , C O M P U T E D P E R B . O . R .RETRACEMENT MAP FOR NORTH HALFOF T9 N , R 2 9 E , W . M . , D A T E D 0 4 / 0 1 / 1 9 4 0 ,BY BEARING-BEARING INTERSECTFOUND 5/8" REBARWITH Y P C : " B E T H J E L S 38490" P E R S U R V E Y ,VOL. 3, PG. 950 (AFN1895140 )FOUND 5/8" REBARWITH YPC: "BETHJE LS3849 0 " P E R S U R V E Y , VOL. 3, P G . 9 5 0 ( A F N 1895140)FOUND 5 / 8 " R E B A R WITH I L L E G I B L E Y P C PER SURVEY, VOL. 3,PG. 96 7 ( A F N 1 8 9 9 1 2 9 )FOUND 2.5" BRASS CAP: "1/4S3-S 4 1 9 3 9 B . O . R . " , 3 ' B E L O W GRADE, ~20' WEST OF DIRTROAD FOUN D 5 / 8 " R E B A R WITH YPC: "BETHJE LS3849 0 " P E R S U R V E Y ,VOL. 3, PG. 950 (AFN1895140)FOUND 5/8" REBAR WITH ILLEGIBLE YPC,MARKING THE INTERSECTION WITHROCKET L A N E , P E R W E S T P A S C O TERRAC E P H A S E 4 , V O L . D , P G S .453-454 (AFN 1798060)FOUND 5/8" REBAR WITH YPC:"BETHJ E L S 3 8 4 9 0 " , ~ 1 0 ' E A S T O F DIRT R O A D C E N T E R L I N E , P E R SURVEY, VOL. 3, PG. 950 (AFN1895140 ) FOUND 2 . 5 " B R A S S C A P : " 1 / 4 S 2 - S 1 1 1939 B . O . R . " , ~ 0 . 2 ' A B O V E G R A D E W I T H YELLOW CONCRETE MARKER POSTFOUND 5/8" REBAR WITH YPC:"BETHJ E L S 3 8 4 9 0 " P E R S U R V E Y , VOL. 3 , P G . 9 5 0 ( A F N 1 8 9 5 1 4 0 ) NOT FO U N D , C O M P U T E D P E R B . O . R .RETRACEMENT MAP FOR NORTH HALFOF T9N , R 2 9 E , W . M . , D A T E D 0 4 / 0 1 / 1 9 4 0 , BY PRO P O R T I O N I N G F R O M 1 / 4 C O R N E R MONUMENTS TO WEST AND EAST0304020303 1010 110203021109 10030403ELECTRICAL EASEMENT PER AFN 349700 TOFRANKL I N C O U N T Y P . U . D . N O . 1 , W I D T H N O T SPECIFIEDELECT R I C A L E A S E M E N T P E R A F N 3 4 9 7 0 0 T O FRANKL I N C O U N T Y P . U . D . N O . 1 , W I D T H N O T SPECIFIEDN87°48'13"E 925.04' (PROPERTY)N89°56'49"E 406.64' (PROPERTY)N89°57'36"E 203.62' (PROPERTY)N88°40'07"E 1127.63' (PROPERTY)N01°56'52"E 821.91' (PROPERTY)N00°08'52"E 525.67' (PROPERTY)N00°09'03"E 574.55' (PROPERTY)N00°55'14"E 772.08' (PROPERTY)S00°55'29"W 1336.10' (PROPERTY)S00°55'29"W 1336.01' (PROPERTY)S88°11'30"W 1331.79'S88°11'30"W 1331.57'N88°25'40"E 1323.72'N88°25'51"E 1331.58'N00°55'21"E 1341.58'N00°55'24"E 1346.22'S00°55'58"W 2680.29' S00°55'29"W 1336.06' (SECTION)S00°55'29"W 1336.06' (SECTION)N89°09'01"E 2664.45'S00°33'48"E 2670.56'N88°39'43"E 2662.75' (SECTION)N89°41'42"E 933.47' (PROPERTY)N89°24'06"E 397.26' (PROPERTY)N89°23'43"E 518.89' (PROPERTY) N86°38'55"E 813.85' (PROPERTY)N88°39'43"E 1331.34' (SECTION)N88°39'43"E 1331.34' (SECTION)N00°55'08"E 1346.99' (SECTION) N00°55'08"E 1346.99' (SECTION)S88°11'30"W 2663.09'N00°54'22"E 2715.84'N00°54'22"E 2723.02'N00°55'08"E 2701.66' (SECTION)(BASIS OF BEARINGS) N88°39'43"E 5325.43'40'53'UUUUUUUUUUUII J U U U PARCELS A-DSURVEY, VOL. 3, PG. 950(AFN 1895140)(AKA "CIRCLE J-12")TOTAL AREA:7,134,773 S.F.163.79 AC.PARCEL ASURVEY, VOL. 3, PG. 950(AFN 1895140)(QCD 1838729) TPN 114-330-041 (OLBERDING, ALLEN & CHERYL) PARCEL B SURVEY, VOL. 3, PG. 950 (AFN 1895140) TPN 114-330-042 (OLBERDING, ALLEN & CHERYL)PARCEL D SURVEY, VOL. 3, PG. 950 (AFN 1895140) (QCD 1838729)TPN 114-330-044 (OLBERDING, ALLEN & CHERYL) MW CURLEW LANEROCKET LANEROAD 60BURNS ROADBURNS ROADBURNS ROADROAD 52W FOUND 2 . 5 " B R A S S C A P : " 1939 B . O . R . " , ~ 0 . 2 ' A B O V E YELLOW CONCRETE MARKENOT FO U N D , C O M P U T E D P E R B . O . R .RETRACEMENT MAP FOR NORTH HALFOF T9N , R 2 9 E , W . M . , D A T E D 0 4/01/1940, BY PRO P PORTI O N ONINGG FRFROM M 1/4 C O R /4 C RNER MONUMENNTS S TOO WEST AND EAST0211601' (P ROPER S005529W 1336.01 (PROPERT S005529W 1336.06' (SECTION)S00°55'29"W133606'(SECTION)N889°09'01"E 2664.45'9'01"1"EN889°09'01"E 2664.45'9'01"1"E 10101111020033U OUND 2 " B R A S S C A P : " 1 / 4 S 2 - S 3 1939 B.O.R.", 1' WEST OF FENCECORNER FOUND 5/8" REBAR WITH YPC:"BETHJ E L S 3 8 4 9 0 " , ~ 1 0 ' E A S T T OF DIRT ROAD CENTERLINE, PER SURVEY, VOL. 3, PG. 950 (AFN1895140)02030310' (PROPERT 6.10' (PROPE 6.10 (PROPERT 6.10 (PROPE S00°55'29"W 1336.06' (SECTION) (SE S00°55'29"W 1336.06' (SECTION)6' (S 00 TOH NOTIFIED 3' 6"LANEWIDTH 3N89°24'06"E 397.26 (N892406E 3906"E 397.26 (P06E E 397.26 (PROPERTE 397.26 (PROPERTCITY OF PASCOEAST UGA LID: PHASE 4PRELIMINARYPRELIMINARY60% REVIEWDRAWINGSKCPRMWDec 14, 2022Dec 14, 2022CITY OF PASCO21-0300LIDPH4-P-COV.DWGSHOWNG02A 0414DWG NO.:DATEDESCRIPTIONREVISIONSBYREVIEWENGINEER: SAVE DATE:REVIEWED: PLOT DATE:CLIENT:FILENAME:SHEET NO.:JOB NO.:NO.0" 1"2"DRAWING IS FULL SCALE WHENBAR MEASURES 2"SCALE:DEVELOPMENT OVERVIEWPRELIMINARYPRELIMINARYDEVELOPMENT OVERVIEWMH: 23RE: 467.88IE: 447.67MH: 32RE: 493.09IE: 485.54MH: 40RE: 503.99IE: 473.50MH: 43RE: 503.88IE: 480.80MH: 53RE: 509.96IE: 495.07MH: 49RE: 511.94IE: 489.52Page 100 of 251 Page 101 of 251 Page 102 of 251 Page 103 of 251 Page 104 of 251 Page 105 of 251 AGENDA REPORT FOR: City Council January 30, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Q Ordinance No. 4638 - Alford/Cole - Zoning Determination of Annexed Property (ZD 2022-003) I. REFERENCE(S): Proposed Zoning Ordinance Overview Map Hearing Examiner Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4638, assigning zoning to the Alford/Cole annexation area as recommended by the Hearing Examiner and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On September 6, 2022, the City Council approved Resolution No. 4242 accepting a notice of intent to annex approximately 20.77 acres generally located east of Road 68 between Deseret Drive and Kau Trail Road. City Council subsequently approved Ordinance No. 4627 on 5 December 2022, annexing the area into the City of Pasco. On January 11, 2023, the Hearing Examiner held a public hearing to consider R-1 (Low-Density Residential) zoning, as depicted on the proposed zoning map (“Exhibit B”), for the Alford/Cole annexation area, in conjunction with the approved annexation. Page 106 of 251 Following the conduct of a hearing the Hearing Examiner recommended the City Council approve R-1 (Low-Density Residential) zoning, as depicted on the proposed zoning map (“Exhibit B”), for the Alford/Cole annexation area. V. DISCUSSION: The proposed zoning is in alignment with the City's Comprehensive Plan Land Use designation for the area. The proposed annexation area is within the City’s northwest service area as identified in the Comprehensive Sewer Plan, but is currently served almost exclusively with on-site wells and septic systems. The site is part of the East UGA Expansion Sewer Local Improvement district (LID) No. 151. As the annexation and zoning determination process will result in additional residential development within the existing Pasco Urban Growth Area, staff recommends Council's approval of the annexation. Page 107 of 251 Ordinance—Alford/Cole ZD 2022-003 - 1 ORDINANCE NO. 4638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, ASSIGNING ZONING TO THE ALFORD/COLE ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on January 11, 2023, pursuant to the Pasco Municipal Code (PMC) Section 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS, the Hearing Examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC Section 25.210.060, that the proposal: (a) is consistent with the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c) has merit and value for the community as a whole; (d) does not require conditions or mitigation measures; and (e) does not require a concomitant agreement; and Council hereby adopts the Hearing Examiner’s findings, conclusions and recommendation as depicted in Exhibit A attached hereto; and WHEREAS, on December 5, 2022, Ordinance No. 4627 effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Franklin County Assessor’s Tax Parcels Nos. 115130055 and 115130046, as described below: THAT PORTION OF SECTIONS 4 OF TOWNSHIP 9 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SECTION 4, TOWNSHIP 9 NORTH RANGE 29 EAST, W.M; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 4 TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF KAU TRAIL ROAD; THENCE WEST ALONG THE NORTH RIGHT OF WAY LINE OF KAU TRAIL ROAD TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ROAD 70: THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE EAST TO THE POINT OF BEGINNING. Page 108 of 251 Ordinance—Alford/Cole ZD 2022-003 - 2 SITUATED IN FRANKLIN COUNTY, STATE OF WASHINGTON; COMPRISING 20.77 ACRES, MORE OR LESS. Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit B, be and the same is hereby assigned zoning as follows: R-1 (Low-Density Residential): Parcels Nos. 115130055 and 115130046, as depicted in Exhibit B. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 6th day of February, 2023. 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Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendCity LimitsProject_NameAlford-ColeAnnexationPage 116 of 251 CHEHALISDRSALMONDRTHREE RIVERS DRJOHNSONDRMONTEREYDRLASALLEDRSNOQUALMIE DRLAREDO DRROAD 60PARLEYDRNORTHWEST COMMONSDRCATALONIADRSEVILLE DRTYRE D R SIDON LNSAVARYDRROAD 76ROAD 84WESTMINSTERLNVALDEZ LNROAD 52ROAD 90LEOPARDDRENZIAN FALLSDRJEFFERSON DRLATAHLNCOLUMBIARIVERRDPOLK CTMAJESTIALNKENTPLSANTACRUZLNCANYONDRWELLINGTON DRROAD44NCLARK RDIVY RDJANET RDZEPHER CTRUTH DRROAD 48 NDURHAM CTOUTLET DRLANCASTER DRKAU TRAIL RDSANDIFUR PKWYOVERTON RDROAD 52 NZAYAS DRROAD 58 NMAYNE DRHUDSONDRROAD 76 NROAD 70 NCOMISKEY DRORIOLEDRWALLOWA LNROAD 44 NGEHRIG DRBURNS RDPAMPLONA DRWASHOUGAL LNNASH DRCORD DRDESOTO DRROAD 92CONVENTIONDRROAD 6 8 ROAD 6 8 N BURNS RDDESERET DRTAYLOR FLATS RDDENT RDCity LimitsCity LimitsCity LimitsCity LimitsCityLimitsBenton County WA, Maxar--0 1,000 2,000 3,000 4,000500Feet0 1,000 2,000 3,000 4,000500FeetOverviewMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 117 of 251 AGENDA REPORT FOR: Hearing Examiner December 30, 2022 TO: Rick White Director, C&ED Hearing Examiner: 1/11/23 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Zoning Determination - Alford/Cole Annexation (ZD 2022-003) I. REFERENCE(S): Hearing Examiner Staff Report Site Maps Site Photos Notice Affidavit of Mailing II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Staff recommends the Alford/Cole Annexation area be zoned R -1, as depicted on the proposed zoning map (“Exhibit A”) attached to the December 14, 2022 Hearing Examiner report. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Applicants: Madden D. & Beverly M. Alford AB Living Trust c/o Gary D. Alford 14593 Oak St. Saratoga CA 95070 Sharon K. Cole 6805 Kau Trail Rd. Pasco WA 99301 Page 118 of 251 Location of the proposal generally: Located east of Road 68 between Deseret Drive and Kau Trail Road. Current Zoning designation: RS-20 (Suburban—County); contains two single- family residential units. Size: Approximately 20.77 Acres. V. DISCUSSION: Particulars of the requested amendment/proposal: Staff has recommended R-1 (Low-Density Residential) Additional highlights as necessary: x Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on November 30, 2022. x The Comprehensive Plan Land Use Designations for the property is Low Density Residential. x Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). x The Low Density Residential designation may be developed at a density of 2 to 5 dwelling units per acre. x The Low-Density Residential designation may be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2. x However with the area being part of the East UGA Sewer LID, staff would not recommend a zone of RS-20 or RS-12. x The site is part of the East UGA Expansion Sewer Local Improvement District (LID). x The purpose of the annexation is to expand residential opportunities within the City of Pasco’s Urban Growth Area (UGA). x To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be appl ied to the proposed annexation area. x No public comments concerning the Zoning Determination have been received to date. Page 119 of 251 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY 11 January 2023 6:00 PM 1 MASTER FILE #: ZD 2022-003 APPLICANTS: Madden D. & Beverly M. Alford AB Living Trust c/o Gary D. Alford 14593 Oak Street Saratoga CA 95070 Sharon K. Cole 6805 Kau Trail Road Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Alford/Cole Annexation of approximately 20.77 acres located east of Road 68 between Deseret Drive and Kau Trail Road. BACKGROUND 1. PROPERTY DESCRIPTION: That Franklin County Assessor’s Tax Parcels Nos. 115130055 and 115130046, as described below: That portion of Sections 4 of Township 9 North Range 29 East, W. M., described as follows: Beginning at the east Quarter Corner of Section 4, Township 9 North Range 29 East, W.M.; thence south along the East line of said Section 4 to the intersection with the North Right- of-Way line of Kau Trail Road; thence west along the North right of way line of Kau Trail Road to the intersection with the East Right-of-Way line of Road 70: thence north along said Right-of-Way line to the intersection with the North line of the Northeast Quarter of the Southeast Quarter of said Section 4; thence east to the Point of Beginning. Comprising 20.77 acres, more or less. General Location: Located east of Road 68 between Deseret Drive and Kau Trail Road. Property Size: Approximately 20.77 acres of land 2. ACCESS: The site is accessed from Road 68 via Deseret Drive and Kau Trail Road. 3. UTILITIES: The site is served with on-site wells and septic systems; the site is part of the East UGA Expansion Sewer Local Improvement District (LID). Page 120 of 251 2 4. LAND USE AND ZONING: The site is zoned RS-20 (Suburban—County) and contains two single-family residential units. Surrounding properties are zoned and developed as follows NORTH: Not Zoned SFDU/Vacant EAST: R-1 Agriculture; Vacant SOUTH: RS-40 (County) SFDUs; Vacant WEST: RR-1 (County) SFDUs; Agriculture 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses (See Comprehensive Plan Map). ANALYSIS On September 6, 2022, the City Council approved Resolution 4242 accepting a notice of intent to annex approximately 20.77 acres generally located east of Road 68 between Deseret Drive and Kau Trail Road. City Council subsequently approved Ordinance 4627 on 5 December 2022, annexing the area into the City of Pasco. Following acceptance of the Notice of intent the Hearing Examiner is to hold a zoning determination hearing. The purpose of said hearing is for the Hearing Examiner to recommend appropriate zoning districts for the annexation area. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to expand residential opportunities within the City of Pasco’s Urban Growth Area (UGA). To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 1. The date the existing zone became effective; The current zoning was initiated by the County (No known date). 2. The changed conditions which are alleged to warrant other or additional zoning; a. The property is located within the Pasco Urban Growth Boundary. b. The property in question is being annexed to the City of Pasco. c. Upon annexation the property will need to be zoned. Page 121 of 251 3 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare; The property has been annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning; this has become the case. As well, the current County RS20 zoning does not comply with the Pasco Comprehensive Plan. For the advancement of the general welfare of the community the property needs to be zoned. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Staff has recommended R-1 (Low-Density Residential) zoning for the annexation area; rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 5. The effect on the property owner or owners if the request is not granted; Without the annexation area having been assign ed a specific zoning district, the area is now essentially un-zoned; the current County Designation would not allow for development in conformance with the Pasco Comprehensive Plan or City standards. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. 6. The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designations for the property is Low-Density Residential (See Comprehensive Plan Map). 7. Such other information as the Hearing Examiner requires. a. The site contains approximately 20.77 acres and is located east of Road 68 between Deseret Drive and Kau Trail Road. b. Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). c. The parcels are all located within the Urban Growth Area (UGA); parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low-Density Residential uses (See Comprehensive Plan Map). d. The Description and Allocation Table of the Comprehensive Plan specifies that the Low-Density Residential designation may be developed with Single-family residential development at a density of 2 to 5 dwelling units per acre, and may be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2. e. The proposed annexation area is within the City’s service area as identified in the Comprehensive Water and Sewer Plans. f. The site is part of the East UGA Expansion Sewer Local Improvement District (LID). INITIAL STAFF FINDINGS OF FACT Page 122 of 251 4 Findings of fact must be entered from the record. the following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on November 30, 2022, and again on December 22, 2022. 2. City Council approved Resolution 4242 On September 6, 2022, accepting a notice of intent to annex. 3. City Council approved Ordinance 4627 on 5 December 2022, annexing the area into the City of Pasco. 4. The site consists of approximately 20.77 acres. 5. The site is located east of Road 68 between Deseret Drive and Kau Trail Road. 6. The current zoning was initiated by the County (No known date). 7. The property is located within the Pasco Urban Growth Boundary. 8. The property is located within Pasco City Limits. 9. Staff has recommended R-1 (Low-Density Residential) for the site. 10. Rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 11. The Comprehensive Plan Land Use Designations for the property is Low-Density Residential. 12. Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). 13. The Low-Density Residential designation may be developed with residential development at a density of 2 to 5 dwelling units per acre. 14. The Low-Density Residential designation may be zoned R-S-1, R-1, R-1-A, or R-1-A2. 15. The proposed annexation area is within the City’s service area as identified in the Comprehensive Water and Sewer Plans. 16. The site is part of the East UGA Expansion Sewer Local Improvement District (LID). TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the annexation area R-1 (Low-Density Residential) will cause the site to be consistent with the Comprehensive Plan which was approved by City Council. 3. There is merit and value in the proposal for the community as a whole. Page 123 of 251 5 There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Comprehensive Plan has indicated this property should be zoned Low-Density Residential. Assigning R-1 zoning will lead to additional housing opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 5. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the Alford/Cole Annexation area be rezoned R-1 (Low-Density Residential), as depicted on the Proposed Zoning map attached to the January 11, 2023 Hearing Examiner report. Page 124 of 251 CHEHALISDRSALMONDRTHREE RIVERS DRJOHNSONDRMONTEREYDRLASALLEDRSNOQUALMIE DRLAREDO DRROAD 60PARLEYDRNORTHWEST COMMONSDRCATALONIADRSEVILLE DRTYRE D R SIDON LNSAVARYDRROAD 76ROAD 84WESTMINSTERLNVALDEZ LNROAD 52ROAD 90LEOPARDDRENZIAN FALLSDRJEFFERSON DRLATAHLNCOLUMBIARIVERRDPOLK CTMAJESTIALNKENTPLSANTACRUZLNCANYONDRWELLINGTON DRROAD44NCLARK RDIVY RDJANET RDZEPHER CTRUTH DRROAD 48 NDURHAM CTOUTLET DRLANCASTER DRKAU TRAIL RDSANDIFUR PKWYOVERTON RDROAD 52 NZAYAS DRROAD 58 NMAYNE DRHUDSONDRROAD 76 NROAD 70 NCOMISKEY DRORIOLEDRWALLOWA LNROAD 44 NGEHRIG DRBURNS RDPAMPLONA DRWASHOUGAL LNNASH DRCORD DRDESOTO DRROAD 92CONVENTIONDRROAD 6 8 ROAD 6 8 N BURNS RDDESERET DRTAYLOR FLATS RDDENT RDCity LimitsCity LimitsCity LimitsCity LimitsCityLimitsBenton County WA, Maxar--0 1,000 2,000 3,000 4,000500Feet0 1,000 2,000 3,000 4,000500FeetOverviewMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 125 of 251 BASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity LimitsBenton County WA, Maxar--0 570 1,100 1,700 2,300290Feet0 570 1,100 1,700 2,300290FeetVicinityMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 126 of 251 NurseryNurseryFarmingFarmingFarmingFarmingFarmingResidential- OtherResidential- OtherResidential- OtherResidential- OtherResidential- OtherResidential - OtherResidential- OtherResidential- OtherResidential- OtherMulti-FamSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUVacantVacantVacantVacantVacantVacantBASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity Limits//0 570 1,100 1,700 2,300290FeetLand UseMapSITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 127 of 251 R-1R-1R-4RTC-1R-1R-3R-1C-1R-3RS-40(County)RR-1 (County)C-1 (County)R-T (County)AP-20(County)No ZoningBASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity Limits//0 570 1,100 1,700 2,300290FeetZoningMapSITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022DESCRIPTIOAg. Production 20acrePage 128 of 251 Low DensityResidentialLow DensityResidentialMedium DensityResidentialCommercialMedium DensityResidentialCommercialMediumDensityResidentialCommercialHigh DensityResidentialCommercialMediumDensityResidentialCommercialCommercialMediumDensityResidentialMedium DensityResidentialMedium DensityResidentialMixedResidentialCommercialLow DensityResidentialLow DensityResidentialLow DensityResidentialPublicQuasi-PublicMediumDensityResidentialMixedResidentialCommercialMedium DensityResidentialBASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity Limits//0 570 1,100 1,700 2,300290FeetComp PlanMapSITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 129 of 251 Page 130 of 251 Looking NorthPage 131 of 251 Looking NortheastPage 132 of 251 Looking EastPage 133 of 251 Looking SoutheastPage 134 of 251 Looking SouthPage 135 of 251 Looking SouthwestPage 136 of 251 Looking WestPage 137 of 251 Looking NorthwestPage 138 of 251 SitePage 139 of 251 Page 140 of 251 Page 141 of 251 Page 142 of 251 Page 143 of 251 AGENDA REPORT FOR: Hearing Examiner December 30, 2022 TO: Rick White Director, C&ED Hearing Examiner: 1/11/23 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Zoning Determination - Alford/Cole Annexation (ZD 2022-003) I. REFERENCE(S): Hearing Examiner Staff Report Site Maps Site Photos Notice Affidavit of Mailing II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Staff recommends the Alford/Cole Annexation area be zoned R -1, as depicted on the proposed zoning map (“Exhibit A”) attached to the December 14, 2022 Hearing Examiner report. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Applicants: Madden D. & Beverly M. Alford AB Living Trust c/o Gary D. Alford 14593 Oak St. Saratoga CA 95070 Sharon K. Cole 6805 Kau Trail Rd. Pasco WA 99301 Page 144 of 251 Location of the proposal generally: Located east of Road 68 between Deseret Drive and Kau Trail Road. Current Zoning designation: RS-20 (Suburban—County); contains two single- family residential units. Size: Approximately 20.77 Acres. V. DISCUSSION: Particulars of the requested amendment/proposal: Staff has recommended R-1 (Low-Density Residential) Additional highlights as necessary: x Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on November 30, 2022. x The Comprehensive Plan Land Use Designations for the property is Low Density Residential. x Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). x The Low Density Residential designation may be developed at a density of 2 to 5 dwelling units per acre. x The Low-Density Residential designation may be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2. x However with the area being part of the East UGA Sewer LID, staff would not recommend a zone of RS-20 or RS-12. x The site is part of the East UGA Expansion Sewer Local Improvement District (LID). x The purpose of the annexation is to expand residential opportunities within the City of Pasco’s Urban Growth Area (UGA). x To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be appl ied to the proposed annexation area. x No public comments concerning the Zoning Determination have been received to date. Page 145 of 251 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY 11 January 2023 6:00 PM 1 MASTER FILE #: ZD 2022-003 APPLICANTS: Madden D. & Beverly M. Alford AB Living Trust c/o Gary D. Alford 14593 Oak Street Saratoga CA 95070 Sharon K. Cole 6805 Kau Trail Road Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Alford/Cole Annexation of approximately 20.77 acres located east of Road 68 between Deseret Drive and Kau Trail Road. BACKGROUND 1. PROPERTY DESCRIPTION: That Franklin County Assessor’s Tax Parcels Nos. 115130055 and 115130046, as described below: That portion of Sections 4 of Township 9 North Range 29 East, W. M., described as follows: Beginning at the east Quarter Corner of Section 4, Township 9 North Range 29 East, W.M.; thence south along the East line of said Section 4 to the intersection with the North Right- of-Way line of Kau Trail Road; thence west along the North right of way line of Kau Trail Road to the intersection with the East Right-of-Way line of Road 70: thence north along said Right-of-Way line to the intersection with the North line of the Northeast Quarter of the Southeast Quarter of said Section 4; thence east to the Point of Beginning. Comprising 20.77 acres, more or less. General Location: Located east of Road 68 between Deseret Drive and Kau Trail Road. Property Size: Approximately 20.77 acres of land 2. ACCESS: The site is accessed from Road 68 via Deseret Drive and Kau Trail Road. 3. UTILITIES: The site is served with on-site wells and septic systems; the site is part of the East UGA Expansion Sewer Local Improvement District (LID). Page 146 of 251 2 4. LAND USE AND ZONING: The site is zoned RS-20 (Suburban—County) and contains two single-family residential units. Surrounding properties are zoned and developed as follows NORTH: Not Zoned SFDU/Vacant EAST: R-1 Agriculture; Vacant SOUTH: RS-40 (County) SFDUs; Vacant WEST: RR-1 (County) SFDUs; Agriculture 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses (See Comprehensive Plan Map). ANALYSIS On September 6, 2022, the City Council approved Resolution 4242 accepting a notice of intent to annex approximately 20.77 acres generally located east of Road 68 between Deseret Drive and Kau Trail Road. City Council subsequently approved Ordinance 4627 on 5 December 2022, annexing the area into the City of Pasco. Following acceptance of the Notice of intent the Hearing Examiner is to hold a zoning determination hearing. The purpose of said hearing is for the Hearing Examiner to recommend appropriate zoning districts for the annexation area. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to expand residential opportunities within the City of Pasco’s Urban Growth Area (UGA). To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan, appropriate zoning should be applied to the proposed annexation area. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 1. The date the existing zone became effective; The current zoning was initiated by the County (No known date). 2. The changed conditions which are alleged to warrant other or additional zoning; a. The property is located within the Pasco Urban Growth Boundary. b. The property in question is being annexed to the City of Pasco. c. Upon annexation the property will need to be zoned. Page 147 of 251 3 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare; The property has been annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning; this has become the case. As well, the current County RS20 zoning does not comply with the Pasco Comprehensive Plan. For the advancement of the general welfare of the community the property needs to be zoned. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Staff has recommended R-1 (Low-Density Residential) zoning for the annexation area; rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 5. The effect on the property owner or owners if the request is not granted; Without the annexation area having been assign ed a specific zoning district, the area is now essentially un-zoned; the current County Designation would not allow for development in conformance with the Pasco Comprehensive Plan or City standards. The area needs to be zoned to provide certainty and benefit to the property owners, developers, and adjoining property owners. 6. The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designations for the property is Low-Density Residential (See Comprehensive Plan Map). 7. Such other information as the Hearing Examiner requires. a. The site contains approximately 20.77 acres and is located east of Road 68 between Deseret Drive and Kau Trail Road. b. Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). c. The parcels are all located within the Urban Growth Area (UGA); parcels in the proposed annexation area are designated by the Comprehensive Plan map for Low-Density Residential uses (See Comprehensive Plan Map). d. The Description and Allocation Table of the Comprehensive Plan specifies that the Low-Density Residential designation may be developed with Single-family residential development at a density of 2 to 5 dwelling units per acre, and may be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2. e. The proposed annexation area is within the City’s service area as identified in the Comprehensive Water and Sewer Plans. f. The site is part of the East UGA Expansion Sewer Local Improvement District (LID). INITIAL STAFF FINDINGS OF FACT Page 148 of 251 4 Findings of fact must be entered from the record. the following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on November 30, 2022, and again on December 22, 2022. 2. City Council approved Resolution 4242 On September 6, 2022, accepting a notice of intent to annex. 3. City Council approved Ordinance 4627 on 5 December 2022, annexing the area into the City of Pasco. 4. The site consists of approximately 20.77 acres. 5. The site is located east of Road 68 between Deseret Drive and Kau Trail Road. 6. The current zoning was initiated by the County (No known date). 7. The property is located within the Pasco Urban Growth Boundary. 8. The property is located within Pasco City Limits. 9. Staff has recommended R-1 (Low-Density Residential) for the site. 10. Rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 11. The Comprehensive Plan Land Use Designations for the property is Low-Density Residential. 12. Contiguous properties to the east and north were annexed in 2022 (Ordinance 4574 and 4591, respectively). 13. The Low-Density Residential designation may be developed with residential development at a density of 2 to 5 dwelling units per acre. 14. The Low-Density Residential designation may be zoned R-S-1, R-1, R-1-A, or R-1-A2. 15. The proposed annexation area is within the City’s service area as identified in the Comprehensive Water and Sewer Plans. 16. The site is part of the East UGA Expansion Sewer Local Improvement District (LID). TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Rezoning the property to R-1 will align closely with the Comprehensive Plan Land Use designations for the area. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the annexation area R-1 (Low-Density Residential) will cause the site to be consistent with the Comprehensive Plan which was approved by City Council. 3. There is merit and value in the proposal for the community as a whole. Page 149 of 251 5 There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Comprehensive Plan has indicated this property should be zoned Low-Density Residential. Assigning R-1 zoning will lead to additional housing opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 5. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the Alford/Cole Annexation area be rezoned R-1 (Low-Density Residential), as depicted on the Proposed Zoning map attached to the January 11, 2023 Hearing Examiner report. Page 150 of 251 CHEHALISDRSALMONDRTHREE RIVERS DRJOHNSONDRMONTEREYDRLASALLEDRSNOQUALMIE DRLAREDO DRROAD 60PARLEYDRNORTHWEST COMMONSDRCATALONIADRSEVILLE DRTYRE D R SIDON LNSAVARYDRROAD 76ROAD 84WESTMINSTERLNVALDEZ LNROAD 52ROAD 90LEOPARDDRENZIAN FALLSDRJEFFERSON DRLATAHLNCOLUMBIARIVERRDPOLK CTMAJESTIALNKENTPLSANTACRUZLNCANYONDRWELLINGTON DRROAD44NCLARK RDIVY RDJANET RDZEPHER CTRUTH DRROAD 48 NDURHAM CTOUTLET DRLANCASTER DRKAU TRAIL RDSANDIFUR PKWYOVERTON RDROAD 52 NZAYAS DRROAD 58 NMAYNE DRHUDSONDRROAD 76 NROAD 70 NCOMISKEY DRORIOLEDRWALLOWA LNROAD 44 NGEHRIG DRBURNS RDPAMPLONA DRWASHOUGAL LNNASH DRCORD DRDESOTO DRROAD 92CONVENTIONDRROAD 6 8 ROAD 6 8 N BURNS RDDESERET DRTAYLOR FLATS RDDENT RDCity LimitsCity LimitsCity LimitsCity LimitsCityLimitsBenton County WA, Maxar--0 1,000 2,000 3,000 4,000500Feet0 1,000 2,000 3,000 4,000500FeetOverviewMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 151 of 251 BASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity LimitsBenton County WA, Maxar--0 570 1,100 1,700 2,300290Feet0 570 1,100 1,700 2,300290FeetVicinityMapSITESITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 152 of 251 NurseryNurseryFarmingFarmingFarmingFarmingFarmingResidential- OtherResidential- OtherResidential- OtherResidential- OtherResidential- OtherResidential - OtherResidential- OtherResidential- OtherResidential- OtherMulti-FamSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUSFDUVacantVacantVacantVacantVacantVacantBASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity Limits//0 570 1,100 1,700 2,300290FeetLand UseMapSITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 153 of 251 R-1R-1R-4RTC-1R-1R-3R-1C-1R-3RS-40(County)RR-1 (County)C-1 (County)R-T (County)AP-20(County)No ZoningBASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity Limits//0 570 1,100 1,700 2,300290FeetZoningMapSITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022DESCRIPTIOAg. Production 20acrePage 154 of 251 Low DensityResidentialLow DensityResidentialMedium DensityResidentialCommercialMedium DensityResidentialCommercialMediumDensityResidentialCommercialHigh DensityResidentialCommercialMediumDensityResidentialCommercialCommercialMediumDensityResidentialMedium DensityResidentialMedium DensityResidentialMixedResidentialCommercialLow DensityResidentialLow DensityResidentialLow DensityResidentialPublicQuasi-PublicMediumDensityResidentialMixedResidentialCommercialMedium DensityResidentialBASALT FALLS DRMISSION RIDGE DRROAD 68 ROAD 60BURNS RDKAU TRAIL RDROAD 76 NROAD 70 NBURNS RDROAD 68 NDESERET DRCityLimitsCity Limits City LimitsCity Limits//0 570 1,100 1,700 2,300290FeetComp PlanMapSITEItem: Alford-Cole AnnexationApplicant: Gary D. Alford/Alford TrustFile #: ANX 2022-003 / ZD 2022-003LegendProject_NameAlford-ColeAnnexationCity_Limits 2022City_Limits 2022Page 155 of 251 Page 156 of 251 Looking NorthPage 157 of 251 Looking NortheastPage 158 of 251 Looking EastPage 159 of 251 Looking SoutheastPage 160 of 251 Looking SouthPage 161 of 251 Looking SouthwestPage 162 of 251 Looking WestPage 163 of 251 Looking NorthwestPage 164 of 251 SitePage 165 of 251 Page 166 of 251 Page 167 of 251 Page 168 of 251 Page 169 of 251 AGENDA REPORT FOR: City Council January 27, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Darcy Buckley, Director Finance SUBJECT: Ordinance No. 4639 - 2023 Revenue Bond for LID No. 151 Debt Service I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4639, relating to Local Improvement District No. 151; fixing the terms of the Local Improvement District No. 151 Bond; providing for the purchase of such Bond by the City from funds on deposit in the City’s Equipment Replacement Fund; and fixing the term of and interest rate on Local Improvement District No. 151 assessment installments. III. FISCAL IMPACT: Equipment Replacement Fund - $3,238,198 IV. HISTORY AND FACTS BRIEF: Local Improvement Districts (LIDs) are a means of assisting benefitting properties by providing a means to finance needed capital improvements through the formation of special assessment districts. In March 2020, Local Improvement District (LID) No. 151, Northwest Sewer LID, was established via Council approval of Ordinance No. 4483. The ordinance allowed the financial mechanism to support construction of a new sanitary sewer trunk line and other sewer improvements in the Broadmoor area of the City. During the construction phase of the project, interim project financing was supplied by the City. As the General Fund had sufficient reserves to support the project, the fund earned a reasonable amount of interest for this interim financing Page 170 of 251 effort allowing the avoidance of larger costs associated with external debt issuance. At the meeting of September 26, 2022, Council approved Ordinance No. 4612, Local Improvement District No. 151, Northwest Sewer LID, setting the final assessment amount, $3,241,424. Following final assessment, property owners were provided notice of a 30-day interest free prepayment period. The purpose of the prepayment period is to allow for payment of any or all ou tstanding assessments prior to issuance of debt. During the prepayment period, ending November 16, 2022, payments in the amount of $3,226 were received. The remaining unpaid assessments in Northwest Sewer LID No. 151 are $3,238,198. The outstanding assessment balance is relatively low for traditional debt financing strategies. Obtaining outside debt financing would assign a fixed debt issuance cost that is high in comparison to the principal value of the debt. As a lower cost alternative, staff recommends that the City consider financing the debt using reserves of the Equipment Replacement Fund. This alternative avoids some debt issuance costs that would be incurred via external financing. It also provides an investment opportunity for the Equipment Replacement Fund. To determine an appropriate rate of interest, the City used the guidance of D.A. Davidson, the City's investment advisors, to assign 5.25% interest rate. This is a rate comparable to that expected if the City determined to issue external tax exempt debt to fund the LID. The current Local Government Investment Pool (LGIP) daily yield rate is 4.38%. While the LGIP interest rate varies with the market, typically it is low, as the dollars invested can be withdrawn for use with little notice. The higher, fixed interest rate provided by the internal funding benefits both the Equipment Replacement Fund by providing slightly greater interest earnings and serves to lower annual LID assessments by foregoing more costly external funding. Finally, the long term savings nature of the Equipment Replacement Fund supports the bond maturity date of February 19, 2040. V. DISCUSSION: Staff presented the proposed ordinance to Council at the January 23, 2023, Workshop. Since that time, the ordinance was updated to include language that allows for the bond to be incorporated into a consolidated LID bond in the future should that action be desired. Staff recommends Council adopt the proposed ordinance fixing the terms of the LID No. 151 Bond, providing for the purchase of such a bond by the City from the funds on deposit in the City's Equipment Replacement Fund. Page 171 of 251 FG: 100882096.2 ORDINANCE NO. 4639 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 151; FIXING THE TERMS OF THE LOCAL IMPROVEMENT DISTRICT NO. 151 BOND; PROVIDING FOR THE PURCHASE OF SUCH BOND BY THE CITY FROM FUNDS ON DEPOSIT IN THE CITY’S EQUIPMENT REPLACEMENT FUND; AND FIXING THE TERM OF AND INTEREST RATE ON LOCAL IMPROVEMENT DISTRICT NO. 151 ASSESSMENT INSTALLMENTS. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. Recitals; LID Formation and Purpose. (a) Pursuant to Ordinance No. 4483, passed on March 2, 2020, and as corrected by Ordinance No. 4483A, the City Council of the City of Pasco, Washington (the “City”), created Local Improvement District No. 151 (“LID No. 151”) to finance the cost of constructing a new sanitary sewer trunk line and other improvements in the City’s Northwest (Broadmoor) area (the “Project”). (b) The total amount of the assessment roll in LID No. 151 was $3,241,424.12, as confirmed by Ordinance No. 4612, passed on October 3, 2022. The 30-day period for making cash payments of assessments without interest expired on November 16, 2022, and $3,226 of assessments have been paid. The balance of assessments unpaid on the assessment roll for LID No. 151 is $3,238,198 (rounded to the nearest dollar). (c) The City has determined to issue its Local Improvement District No. 151 Bond (the “Bond”) in a total principal amount of $3,238,198 to finance costs of the Project not paid from assessments in LID No. 151 that have been paid. (d) RCW 39.59.040(1) provides that any local government in the state of Washington may invest in bonds of any local government in the state of Washington. Page 172 of 251 Page FG: 100882096.2 (e) The City desires to obtain an investment return, comparable to the tax-exempt interest rate that the Bond would bear if sold in the municipal bond market, on the portion of the funds available in the City’s Equipment Replacement Fund that it otherwise would regularly invest but instead are used to make an interfund loan to LID No. 151, evidenced by the Bond, to finance costs of the Project not paid from assessments in LID No. 151. The City finds it in the best interest of the City that the Bond be purchased by the City from funds on deposit in the City’s Equipment Replacement Fund and available for investment. Section 2. Bond Fund. There is established in the office of the Finance Director (the “Finance Director”) for Local Improvement District No. 151 a special local improvement district fund to be known and designated as Local Improvement Fund, District No. 151 (the “Bond Fund”). All money presently on hand representing collections pertaining to installments of assessments and interest thereon in LID No. 151 shall be transferred to and deposited in the Bond Fund, and all collections pertaining to assessments on the assessment roll of LID No. 151 when hereafter received shall be deposited in the Bond Fund to pay principal of and interest on the Bond. Section 3. Authorization and Description of the Bond. The Bond shall be issued in the total principal amount of $3,238,198, being the total amount on the assessment roll of LID No. 151 remaining uncollected as of the date of this ordinance. The Bond shall be dated its date of delivery; shall mature on February 19, 2040; shall be in fully registered form; and shall be numbered R-1. The Bond shall bear interest at the rate of 5.25% [6% estimated in Ordinance No. 4612] per annum computed on the basis of a 360-day year of twelve 30-day months, payable annually on each October 16, beginning October 16, 2023. Section 4. Appointment of Bond Registrar; Registration and Transfer of Bond. The Finance Director of the City is appointed Bond Registrar for the Bond. The Bond shall be issued Page 173 of 251 Page FG: 100882096.2 to the City’s Equipment Replacement Fund (the “Registered Owner”) only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the “Bond Register”). The Bond Register shall contain the name and mailing address of the Registered Owner. The Bond may not be assigned or transferred by the Registered Owner. When the Bond has been paid in full, both principal and interest, it shall be surrendered by the Registered Owner to the Bond Registrar, who shall cancel the Bond. Section 5. Payment of the Bond. Both principal of and interest on the Bond shall be payable solely out of the Bond Fund, and from the Local Improvement Guaranty Fund of the City, consistent with chapter 35.54 RCW. Section 6. Prepayment Provisions. The City reserves the right to prepay principal of the Bond prior to its stated maturity on any date, at par plus accrued interest to the date fixed for prepayment, whenever there shall be sufficient money in the Bond Fund to prepay the principal of the Bond over and above the amount required for the payment of the interest then due on the Bond. Interest on the principal of the Bond so prepaid shall cease to accrue on the date of such prepayment. Section 7. Purchase and Sale of the Bond. The City shall purchase the Bond at a price of par with funds on deposit in the City’s Equipment Replacement Fund that the Finance Director determines are available for that purpose. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bond and for the proper application and use of the proceeds of the sale thereof. Section 8. Fixing the Term of and Interest Rate on Assessments. Payments of assessments in LID No. 151 shall be paid in fifteen (15) equal annual installments of principal, together with interest due on the unpaid balance. The interest rate on the installments and Page 174 of 251 Page FG: 100882096.2 delinquent payments of LID No. 151 is fixed at the rate of 5.25% [6% estimated in Ordinance No. 4429] per annum. Each delinquent installment of assessments is subject, at the time of delinquency, to a 5% penalty levied on both principal and interest due on that installment, and all delinquent installments also will be charged interest at the rate of 8% per annum as set forth in Pasco City Code 14.05.050. Section 9. Consolidation. For the purpose of issuing bonds only, the City Council may authorize the establishment of a consolidated local improvement district, which local improvements within such consolidated district need not be adjoining, vicinal or neighboring, and provide for the moneys received from the installment payment of the principal of and interest on assessments levied within LID No. 151 to be deposited in such consolidated local improvement district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds. Section 10. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after five days from the date of its passage and publication as provided by law. PASSED by the City Council, of the City of Pasco, Washington, on this 6th day of February, 2023, and signed in authentication of its passage this 6th day of February, 2023. CITY OF PASCO, WASHINGTON Blanche Barajas, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney Published: ___________________________ Page 175 of 251 FG: 100882096.2 CERTIFICATE I, the undersigned, the duly appointed, qualified and acting Clerk of the City of Pasco, Washington, and keeper of the records of the City Council (herein called the “Council”), DO HEREBY CERTIFY: 1. That the attached Ordinance No. ______ (herein called the “Ordinance”) is a true and correct copy of an ordinance of the Council, as finally passed at a regular meeting of the Council held on the 6th day of February, 2023, and duly recorded in my office. 2. That said meeting was duly convened, held and provided an opportunity for public comment, in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pasco, Washington, as of this 6th day of February, 2023. Debra Barham, City Clerk (SEAL) Page 176 of 251 AGENDA REPORT FOR: City Council January 23, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Steve Worley, Director Public Works SUBJECT: Ordinance No. 4640 - Amending the Pasco Municipal Code, Chapter 13.80 Related to Stormwater I. REFERENCE(S): Ordinance PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4640, amending the Pasco Municipal Code, Chapter 13.80 " Storm Water Management Utility", specifically, section 13.80.120 "Authorized Discharges"; amending section 13.80.130 "Permitted Discharges." III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The State of Washington Department of Ecology develops and administers Clean Water Act National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits in Washington. The Environmental Protection Agency (EPA) issued the federal rule fo r Phase II of the stormwater permit program in 1999. In 2007, Ecology issued the first Phase II Municipal Stormwater General Permits. Ecology reissued the Phase II Municipal Stormwater Permit for Eastern Washington in 2014, and 2019. The 1999 Phase II regulation requires small Municipal Separate Storm Sewer Systems (MS4) in U.S. Census Bureau defined urbanized areas, as well as MS4’s designated by the permitting authority, to obtain NPDES permit coverage for their stormwater discharges. Currently 22 cities and 7 counties in Eastern Page 177 of 251 Washington are covered under the Phase II Municipal Stormwater Permit. Pasco is one of those cities. Since the first permit was issued, Ecology has provided the opportunity for cities and counties to receive grants for the purpose of achieving compliance with the Phase II Municipal Stormwater Permit. Since the city was issued the first Phase II Stormwater Permit in 2007, the City has received over $750,000 in grant funding. The purpose of the permit is to promote Best Manageme nt Practices related to stormwater runoff to protect state waters (groundwater and open bodies of water, such as the Columbia River). The permit provides for infrastructure maintenance, design criteria for private and public development, outreach, education, etc. On July 1st, 2019, the Department of Ecology issued the updated Eastern Washington Phase II permit to the City of Pasco. This permit became effective on August 1st, 2019. The current permit can be found here: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater- general-permits/Municipal-stormwater-general-permits/Eastern-Washington- Phase-II-Municipal-Stormwat-1 Per Special Condition S5.B.3.b of the Eastern Washington Phase II Municipal Stormwater Permit, the City of Pasco is required to update its municipal code to implement ne of the 2019 Phase II permit including the w requirements prohibition of non-stormwater illicit discharges to the MS4 and to describe 'allowable' discharges and 'conditionally allowable' discharges. The City of Pasco is a participating member of the Eastern Washington Stormwater Ad Hoc Work Group. The purpose of the group is to identify improvement opportunities for future proposed/anticipated permit conditions and submit Ecology to that suggestions Eastern of interests the represent Washington stormwater stakeholders. Regarding the upcoming 2024 Phase II Stormwater Permit, the City led the discussion to advance regionally applicable permit regulation that considers Eastern Washington’s arid climate. Additionally, the City submitted white papers covering the topics: Illicit Discharge Detention and Elimination; following Construction Site Stormwater Runoff Control; Post -Construction Stormwater Management for New Development and Redevelopment. Formal drafts of the 2024 Phase II Stormwater Permit will be available in the Summer of 2023. At that time Ecology will hold a formal public comment period on the draft permit, including a workshop and hearing. Additional information regarding the upcoming permit and opportunities to comment can be found here: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater- Page 178 of 251 general-permits/Municipal-stormwater-general-permits/Municipal-stormwater- permit-reissuance These proposed updates to the PMC as described below were presented to council at their June 13, 2022 meeting. V. DISCUSSION: The PMC currently identifies two categories of discharges: Section 13.80.120 'Authorized' Discharges and Section 13.80.130 'Permitted' Discharges. Amendments to these categories are proposed in order to align with the permit language and intent. The proposed changes are: Section 13.80.120, Rename to “Conditionally Allowable Discharges” Section 13.80.120, add pool, spa, and hot tub protocol to discharges. Section 13.80.130, Rename to “Allowable Discharges” Section 13.80.130, includes a list of 13 categories that are classified as allowable discharges. Section 13.80.140, The addition of this new section, “Prohibition of Illicit Connections”. The addition of this chapter was not presented at the June, 13 2022 City Council Workshop. Along with the proposed changes, Public Works Environmental Compliance staff have developed media outreach content and strategy to educate the public on Stormwater illicit discharges, allowable discharges, and conditionally allowable discharges. • Allowable discharges are discharges that are allowable to enter the stormwater systems. These discharges are currently thought to not pose a risk to water quality. An example of this is pumped groundwater or foundation drains. • Conditionally allowable discharges are such that are allowable only if certain conditions are met. As long as the parameters defined in the code are being followed these discharges should not cause any detrimental impact to water quality. Examples of this is dechlorinated and flow control pool water discharge. At this time City staff is not proposing a permit be issued for approval of these discharges. Compliance monitoring will be implemented in the immediate term. • Illicit discharges are those discharges that are not allowable in any stormwater facility and if identified, would be reported, cited and even fined. These discharges jeopardize water quality. Illicit discharges are all discharges other than the ones identified in the categories above. An example of this is paint or oils. Yet other less obvious discharges are still illicit, such as water with detergent from washing cars on sidewalks. Page 179 of 251 Finally, “Illicit connection” means any man -made conveyance that is connected to a MS4 without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. The addition of these specific illicit connection codes mirrors language of the PMC Chapter 13.70 “Sewer Use and Installation.” The educational outreach would be continued throughout the year. For compliance with the Municipal Stormwater Phase II NPDES Permit, based on Federal and State regulations, we recommend the amendment of the City of Pasco Municipal Code (PMC) Chapters 13.80.120. 13.80.130. & 13.80.140 Page 180 of 251 Ordinance Amending PMC 13.80 - 1 ORDINANCE NO. 4640 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE, CHAPTER 13.80 “STORM WATER MANAGEMENT UTILITY”, SPECIFICALLY, AMENDING SECTION 13.80.120 “AUTHORIZED DISCHARGES”; AMENDING SECTION 13.80.130 “PERMITTED DISCHARGES”; AND, ADDING SECTION 13.80.140 “PROHIBITION OF ILLICIT CONNECTIONS.” WHEREAS, for compliance with both Federal (Federal Water Pollution Control Act) and State law (State of Washington Water Pollution Control Act); and WHEREAS, the City is required to comply with the National Pollutant Discharge Elimination System (NPDES) regulations as applicable to Eastern Washington by the Washington State Department of Ecology’s (Ecology) Stormwater Management Program for Eastern Washington; and WHEREAS, as a result of Ecology’s Eastern Washington Phase II Municipal Stormwater Permit (Permit) regulations; and WHEREAS, an Ordinance amendment is necessary to be in compliance with the Permit; and WHEREAS, to provide notice to the citizens of the City of Pasco of the Municipal Code amendments regarding the construction and maintenance standards required by the Permit regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 13.80.120 entitled “Authorized Discharges” of the Pasco Municipal Code (PMC) shall be and hereby is amended as follows: 13.80.120 Authorized Conditionally Allowable Discharges. Discharges to the public storm water system from the following sources shall be authorized conditionally allowed, provided each discharge is volumetrically and velocity controlled to prevent resuspension of sediments in the storm water system and complies with the respective conditions attached hereto: 1) Discharges from water pipe sources, including water line flushing, fire hydrant system flushing, pipe breaks and pipeline hydrostatic test water are considered conditionally allowable. Planned discharges shall be controlled to prevent contaminants from entering the storm water system and Page 181 of 251 Ordinance Amending PMC 13.80 - 2 discharging to the Columbia River. Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted between 6.0 and 9.0 S.U. 2) Discharges from lawn irrigation or dust control water, provided the sprinkler pattern is fixed within the boundaries of the irrigated property. Such discharges shall be minimized through public education activities and water conservation efforts. 3) Discharges from water used to wash down streets, sidewalks, and buildings, provided the wash water is shall be low in suspended solids and any shall not contain detergents. used is biodegradable. 4) At Discharges from active construction sites need to comply with pollution preventions plan. Sites with curb and gutter, shall use an approved screening protection system shall be installed in catch basins and street sweeping must be performed prior to washing the street. Damage to street ditches or grass swales shall not be allowed. Construction sites disturbing one acre or more and construction projects of less than one acre that are part of a larger common plan of development or sale are subject to the construction storm water pollution prevention requirements set forth in Chapter 7 of the Stormwater Management Manual for Eastern Washington (SWMMEW). The developer of subdivisions or site plans with constructed curbs and gutters shall be responsible for the protection and maintenance of the storm water system for five years or until all the subdivision or site plan lots are developed with permanent improvements, whichever comes first. The protection measures and maintenance program shall be approved by the City Engineer in the form of a written agreement with the developer. 5) Discharges from swimming pools, spas, and hot tubs shall be dechlorinated. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted between 6.0 and 9.0 S.U. and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the Municipal Separate Storm Sewer System (MS4). Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the Municipal Separate Storm Sewer System (MS4). Section 2. That Section 13.80.130 entitled “Permit Discharges” of the PMC shall be and hereby is amended as follows: 13.80.130 Permitted Allowable Discharges. Discharges, other than nonstormwater discharges as permitted by this chapter, shall require prior approval through a special discharge permit issued by the City Engineer or the state, conditioned upon compliance with the requirements adopted Page 182 of 251 Ordinance Amending PMC 13.80 - 3 by the City, regulations of the State of Washington, and such other conditions as may be reasonably necessary for the protection of the system, environment, and the health and welfare of the general public. The following categories of non- stormwater discharges are allowable and shall not require discharge approval. 1) Diverted stream flows. 2) Rising groundwaters. 3) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(b)(20)). 4) Uncontaminated pumped groundwater. 5) Foundation drains. 6) Air conditioning condensation. 7) Irrigation water from agricultural sources that is commingled with urban stormwater. 8) Springs. 9) Uncontaminated water from crawl space pumps. 10) Footing drains. 11) Flows from riparian habitats and wetlands. 12) Discharges from emergency firefighting activities. 13) Non-stormwater discharges authorized by another NPDES permit or state waste discharge permit. Section 3. That Section 13.80.140 entitled “Prohibition of Illicit Connections” shall be added as follows: 13.80.140 Prohibition of Illicit Connections. 1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater drainage system is prohibited. 2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practice applicable or prevailing at the time of connection. Page 183 of 251 Ordinance Amending PMC 13.80 - 4 3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the Municipal Separate Storm Sewer System (MS4), or allows such a connection to continue. 4) Illicit discharge connection means any man-made conveyance that is connected to the MS4 without a permit, excluding roof drains and other similar type connections. Section 4. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this 6th day of February, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ______________________________ Page 184 of 251 Pasco City Council Regular Meeting February 6, 2023Page 185 of 251 Need for Ordinance Changes The State of Washington Department of Ecology (DOE) Clean Water Act National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permits Phase II Permit Updates Prohibit non-stormwater, illicit discharges; Further describe permissible dischargesPage 186 of 251 Allowable Conditionally Allowable Discharges to the Stormwater System Page 187 of 251 Ordinance Changes “Authorized” to “Conditionally Allowable” Discharges (13.80.120) •Creates or increases conditions for certain discharges •Adds conditions for discharging pools, spas, and hot tubs “Permitted” to “Allowable” Discharges (13.80.130) •New phrasing removes permit requirement •Allows for DOE approved discharges •Springs, footing drains, emergency firefighting discharges, etc. “Prohibition of Illicit Connections” (13.80.140) •New Section •Prohibits illicit connection to MS4. •Only Stormwater is allowed to enter MS4.Page 188 of 251 Educating the Public Materials •Updated pamphlet •Digital format infographic Outlets •City’s Facebook page •City website •Customer Service window •Community eventsPage 189 of 251 Page 190 of 251 Page 191 of 251 Actions Proposed •Amend the City of Pasco Municipal Code (PMC) Chapter 13.80.120, 13.80.130, and add 13.80.140 •Comply with DOE Phase II Stormwater PermitPage 192 of 251 Questions?Page 193 of 251 AGENDA REPORT FOR: City Council January 23, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 2/6/23 FROM: Steve Worley, Director Public Works SUBJECT: Resolution No. 4307 - Supplement No. 1 to Professional Services Agreement for Construction Management Services for Citywide with Anderson Perry I. REFERENCE(S): Resolution Supplement No. 1 Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4307, authorizing the City Manager to execute Supplement No. 1 to the Professional Services Agreement with Anderson Perry & Associates, Inc. for the Citywide Traffic Signal Improvements Phase 2 project. III. FISCAL IMPACT: Original PSA $48,587.70 Supplement No. 1 (proposed) $322,132.93 New Total $370,720.63 This expense was previously anticipated in Ordinance No. 4607, which amended the 2021-2022 Biennial Budget for this project. IV. HISTORY AND FACTS BRIEF: The City of Pasco (City) contracted with Anderson Perry & Associates, Inc. in November of 2022 for professional construction management services for this project. Page 194 of 251 The original Scope of Work was a limited services agreement focused on early construction activities (prior to groundbreaking) including review of submittals and requests for information, as well as constructability review tasks. The proposed supplement includes inspection services for the project, completing federal documentation requirements, coordination with the contractor, materials testing and negotiation of change orders, preparation of Progress payments and other construction management -related services. V. DISCUSSION: City staff is proposing Supplement No. 1 to the existing Professional services agreement with Anderson Perry to include professional services to support the project’s construction phase. Supplement No. 1 is established as a local agency cost plus a fixed fee agreement in the standard WSDOT form. Staff recommends approval of Supplement No. 1 to the Professional Services Agreement with Anderson Perry & Associates, Inc. for the Citywide Traffic Signal Improvements Phase 2 project in the amount of $322,132.93 for a total of $370,720.63. Page 195 of 251 Resolution – Supplement to PSA with Anderson Perry – Citywide Phase 2 Project - 1 RESOLUTION NO. 4307 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SUPPLEMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PERRY & ASSOCIATES, INC. FOR THE CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS PHASE 2 PROJECT. WHEREAS, the City and Anderson Perry & Associates, Inc., entered into a Local Agency A&E Professional Services “Cost Plus Fixed Fee Consultant” Agreement (PSA) on November 18, 2022, to provide limited construction management services for the Citywide Traffic Signal Improvements Phase 2 project; and WHEREAS, the original scope of work focused on early construction activities (prior to groundbreaking) including review of submittals and requests for information, etc.; and WHEREAS, the City and Anderson Perry & Associates, Inc. desire to enter into Supplement No. 1 to the PSA in order to contract for construction management services during the totality of the construction phase of the project, consistent with the original solicitation. 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 the Supplement No. 1 to the Professional Services Agreement between Anderson Perry & Associates, Inc. and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Supplement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. PASSED by the City Council of the City of Pasco, Washington, on this 6th day of February, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 196 of 251 EXHIBIT A Page 197 of 251 Exhibit “A” Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total DOT Form 140-063 Revised 09/2005 Page 198 of 251 1/27/2023 Anderson Perry & Associates, Inc. https://andersonperry.sharepoint.com/sites/PascoWA/Projects/6094-27 Signal Imp. Ph2/000 Contract-Billing/Agreement/Supplemental Agreement No. 1/Exhibit B - SOW.docx Page 1 EXHIBIT B CITY OF PASCO, WASHINGTON CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS – PHASE 2 CONSTRUCTION ADMINISTRATION SERVICES SCOPE OF WORK BACKGROUND This project generally includes the construction of traffic signal and Americans with Disabilities Act (ADA) compliant pedestrian improvements at eleven (11) intersections throughout the City of Pasco (AGENCY). Anticipated intersections to be improved include: • Court Street & Road 32 • Court Street & Road 36 • Court Street & Road 40 • Sylvester Street & 4th Avenue • Sylvester Street & 5th Avenue • Sylvester Street & 10th Avenue • Sylvester Street & 28th Avenue • Ainsworth Street & 10th Avenue • Argent Road & Road 68 • Argent Road & Road 80 • Argent Road & Road 84 In general, the CONSULTANT will provide construction management for the project including, but not be limited to, the following key components and deliverables: • Construction Management and Administration • On-Site Construction Observation (based on a 90-working day contract and 20 additional days for changes) • Review and Approve Material Submittals • Daily Observation Reports • Daily Bid Item Quantity Tracking • Oversee and Schedule Material Testing Services • Track and Issue Weekly Statements of Working Days • Review and Assist with Preparing Contractor Monthly Pay Estimates and Submit to the City of Pasco (AGENCY) • Review Contractor Proposals for Alternate "Or Equal" Materials • Schedule and Attend On-Site Construction Meetings • Complete WSDOT Documentation • Submit Monthly Invoices to the AGENCY for Services Performed • Coordinate with Stakeholders and Funding Agencies Page 199 of 251 1/27/2023 Anderson Perry & Associates, Inc. https://andersonperry.sharepoint.com/sites/PascoWA/Projects/6094-27 Signal Imp. Ph2/000 Contract-Billing/Agreement/Supplemental Agreement No. 1/Exhibit B - SOW.docx Page 2 • Prepare Project Closeout Paperwork • Conduct Final Project Walkthrough • Prepare and Submit Construction Record Drawings DUTIES AND RESPONSIBILITIES OF ANDERSON PERRY & ASSOCIATES, INC. (CONSULTANT) TASK 1 - PROJECT ADMINISTRATION The CONSULTANT will oversee project tasks and coordinate with AGENCY representatives to manage the scope, schedule, and budget for the construction management, administration, on-site observation, and materials testing services associated with this project. 1.1 Contract Administration, Invoicing, and Progress Reports 1. Prepare and submit monthly invoices to AGENCY. Each invoice will include the date period covered by the invoice, the number of hours worked during the billing period with billing rates shown, expenses and associated markups, the total cost for labor and expenses, and a total amount summarizing labor, expenses, and subconsultant fees. 2. Prepare a Contract Summary Report to accompany the monthly invoices. The Contract Summary Report will list each invoice, including the current invoice with an itemized summary of invoice numbers, dates, and amounts billed for labor, expenses, and subconsultants, as well as the total amounts for each invoice. The Contract Summary Report will also list the total amount billed to date, total amount remaining under the contract, and the contract expiration date. 3. Prepare a brief Project Status Report to accompany the monthly invoices. The Project Status Report will include the date period covered by the report and a brief summary of the work performed during the billing period. 4. Project management. General coordination with the AGENCY, subconsultants, other consultants, and stakeholders, as well as ongoing monitoring of tasks and resources. 5. Maintain all contract-required documentation. Provide copies of project files and records to the AGENCY for audits and public information requests. All final documents will be provided in electronic format as requested. Deliverables □ Monthly Invoices, Contract Summary Reports, and Project Status Reports □ Project Documentation TASK 2 - CONSTRUCTION ADMINISTRATION 2.1 Construction Management and Administration The CONSULTANT will provide complete construction management and administration services, acting as the AGENCY's representative. Construction management and administration duties will include the following: • Coordinate and oversee on-site observation and material testing services (material testing to be provided by the AGENCY contracted testing firm). • Receive, review, maintain, and approve all material submittals, RFIs and create ROM and RAM, as required. Copies of all submittal correspondence will be provided to the AGENCY. Page 200 of 251 1/27/2023 Anderson Perry & Associates, Inc. https://andersonperry.sharepoint.com/sites/PascoWA/Projects/6094-27 Signal Imp. Ph2/000 Contract-Billing/Agreement/Supplemental Agreement No. 1/Exhibit B - SOW.docx Page 3 • Receive, review, and determine the acceptability of any and all schedules provided by the Contractor, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. • Track and issue Weekly Statements of Working Days. • Review the Contractor's proposed Monthly Pay Estimates and provide them to the AGENCY for review and approval. • Review the Contractor's requests for change orders and prepare change orders for approval by the AGENCY. • Schedule and attend on-site construction meetings. • Coordinate with stakeholder and funding agencies. • Coordinate with utilities and transit. • Attend up to three City Council meetings (if requested) and support AGENCY’s public outreach efforts. • Complete WSDOT required construction documentation including DBE, EEO, and Training Goals. Deliverables □ Copies of Approved Material Submittals □ Copies of all Schedules Provided by the Contractor □ Weekly Statements of Working Days □ Monthly Pay Estimates □ Change Orders □ On-Site Construction Meeting Minutes □ Copies of all Written Communications with the Contractor □ Pay Estimate Ledger Spreadsheet □ Construction Documentation 2.2 Construction Observation The CONSULTANT will provide on-site construction observation services (based on a 90-working day contract). In addition to the 90 days of full-time observation, 20 days for project overruns, punch list work, and times when additional assistance may be necessary. The CONSULTANT’s Construction Representative will be the CONSULTANT’s agent for the project and will act as directed by, and under the supervision of, the CONSULTANT. The Construction Representative’s dealings in matters pertaining to the Contractor’s work in progress will, in general, be with the CONSULTANT and Contractor, keeping the AGENCY advised as necessary. The Construction Representative’s dealings with subcontractors will only be through, or with the full knowledge and approval of, the Contractor. The Construction Representative will generally communicate with the AGENCY with the knowledge of, and under the direction of, the CONSULTANT. The CONSULTANT's Construction Representative’s responsibilities will include the following: • Serve as the CONSULTANT’s liaison with the Contractor, working principally through the Contractor’s superintendent, to assist in providing information regarding the intent of the Contract Documents. • Assist the CONSULTANT in serving as the AGENCY’s liaison with the Contractor when the Contractor’s operations affect the AGENCY’s on-site operations. • Assist in obtaining additional details or information from the AGENCY when required for proper execution of the work. • Report to the CONSULTANT when clarifications and interpretations of the Contract Documents are needed. Transmit any clarifications and interpretations issued by the CONSULTANT to the Contractor. Page 201 of 251 1/27/2023 Anderson Perry & Associates, Inc. https://andersonperry.sharepoint.com/sites/PascoWA/Projects/6094-27 Signal Imp. Ph2/000 Contract-Billing/Agreement/Supplemental Agreement No. 1/Exhibit B - SOW.docx Page 4 • Consider and evaluate the Contractor’s suggestions for modifying the Drawings or Specifications and report the suggestions, together with construction representative’s recommendations, to the CONSULTANT. Transmit CONSULTANT decisions to the Contractor in writing. • Conduct on-site observation of the project to ensure all work is completed in accordance with the Contract Documents. Advise the CONSULTANT of any special conditions encountered. • Coordinate with the CONSULTANT in advance of scheduled major construction events, tests, and systems startups. Verify that appropriate AGENCY personnel are present, and that adequate records are kept for necessary testing. • Prepare a daily report recording all pertinent information such as the Contractor’s hours on site, weather conditions, data relative to potential Change Orders, Field Orders, changed conditions and Summary of Force Account/Estimated Items completed, site visitors, daily activities, and decisions. • Coordinate/communicate construction activities with adjacent property owners and the general public. This work may include impromptu discussions with residents/property owners, and/or scheduling meetings to discuss issues. • Coordinate with private utility companies if utility conflicts exist. • Immediately notify the CONSULTANT of any site accidents, emergencies, acts of God endangering the work, site personnel issues, or property damage. • Review the Contractor's pay estimates to ensure work being paid for is complete. Track and process materials-on-hand in accordance with the Contract Documents. • Track bid item quantities daily. • Confirm that the Contractor follows Erosion Control elements. Deliverables □ Daily Observation Reports □ Daily Tracking of Bid Item Quantities 2.3 Materials Testing The CONSULTANT will coordinate all materials testing. This work will include the following: • Schedule the AGENCY provided qualified testing firm for on-site materials testing and laboratory testing of base course, top course, soils, concrete, and asphalt as required in the Contract Documents and at the frequency specified in the WSDOT Construction Manual. Deliverable □ Materials Test Reports Assumptions • The AGENCY has a contracted testing firm, and costs for testing will be paid for directly by the AGENCY. • WSDOT Testing of signal components and signage will be paid for directly by the AGENCY. 2.4 Traffic Construction Engineering (By DKS ASSOCIATES [SUBCONSULTANT]) The SUBCONSULTANT will be available to answer Contractor questions during the construction period and review submittals and shop drawings for traffic signals, pedestrian signal displays, traffic signal cabinets, signal mast arms, lighting, signing/striping materials. In addition, the SUBCONSULTANT will provide construction observations periodically throughout the construction phase. A total of three field Page 202 of 251 1/27/2023 Anderson Perry & Associates, Inc. https://andersonperry.sharepoint.com/sites/PascoWA/Projects/6094-27 Signal Imp. Ph2/000 Contract-Billing/Agreement/Supplemental Agreement No. 1/Exhibit B - SOW.docx Page 5 visits are assumed for this task. Review of sign shop drawings is included. See attached Exhibit B-1, DKS Associates scope of work for a more detailed description. TASK 3 - PROJECT CLOSEOUT The CONSULTANT will perform project closeout work, including the following: 1. Conduct a pre-final walkthrough, complete substantial completion paperwork, and prepare and implement the project punch list. 2. Conduct a final project walkthrough and prepare project closeout paperwork. 3. Prepare and submit construction Record Drawings from the Consultant's red line drawings and red line drawings provided by the Contractor. 4. Participate in the one-year correction period inspection. Deliverables □ Substantial Completion Paperwork □ Project Punch List □ Project Closeout Paperwork □ Construction Record Drawings Page 203 of 251 Exhibit B-1 City of Pasco City-Wide Traffic Signal Improvements Phase 2 – Engineering Support During Construction Amendment #1 DKS Associates 12/27/2023 Purpose DKS (CONSULTANT)will provide engineering support during the construction of the Pasco City-Wide Traffic Signal Improvement Phase 2 project. CONSULTANT’s scope only covers traffic signals and pavement markings. This amends the Early-start contract, which includes PMs, RFIs, and RAMs reviews. Task 1 Coordination, Meetings, And Field Visits This task is supplemented with the following: DKS staff will attend the following meetings onsite: •One site visit for signal timing implementation, up to consultant staff (onsite) •One site walkthrough at substantial completion, up to two consultant staff (onsite) Task 2 RFIs and RAMs The task is supplemented with the following: The CONSULTANT will evaluate the need for plan revisions with the City and provide plan revision as agreed. The task assumes the following: •Design plan revisions to assist in change orders by others (up to 8 sheet revisions, 8 hours average per sheet, due dates to be discussed and agreed upon with the CLIENT upon receipt of request) Task 3. Signal Timing Development And Implementation Page 204 of 251 The CONSULTANT will review and update basic timing parameters for the 11 project intersections where the project will be completing signal modifications. Basic timing parameters to be updated include: • Pedestrian timing parameters: Walk and Flashing Don’t Walk will be updated to meet current MUTCD guidelines using 3.5ft/s walking speeds. • Yellow and Red clearance timings • Minimum Green Times • Maximum Green Times • Detector gap timing parameters will be reviewed for potential adjustments due to discontinued use of advanced detection (stop bar detection only) The CONSULTANT will provide the basic timing parameters for each intersection in an agreed-upon format. The CONSULTANT will assist with implementation in the field and observe operations during the AM, Midday, and PM peaks. The CONSULTANT will update the Maximum Green Times and/or the detector settings, as needed, to optimize the traffic signal operations. The following intersections will be analyzed for timing updates: • W Court St and Road 32 • W Court St and Road 36 • W Court St and Road 40 • W Sylvester St and N 4th Ave • W Sylvester St and N 5th Ave • W Sylvester St and N 10th Ave • W Sylvester St and N 28th Ave • W Ainsworth St and S 10th Ave • W Argent St and Road 68 • W Argent St and Road 80 • W Argent St and Road 84 Assumptions • The City will provide turning movement count data for the peak periods • The City will provide current signal timing cards • The City will provide guidelines for pedestrian and vehicle clearance time calculations Deliverables: • Summary of basic local timing parameters in an agreed-upon format • Implementation Site Visit Notes Page 205 of 251 Classification Estimated Hours Range Average Rate Cost Senior Engineer VII-VIII 45 63-68 65.00$ 2,925.00$ Senior Engineer V-VI 65 59-62 60.00$ 3,900.00$ Senior Engineer I-IV 660 52-58 56.00$ 36,960.00$ Engineering Technician V-VI 140 36-40 38.00$ 5,320.00$ Senior Technician III-V 1,000 32-39 35.00$ 35,000.00$ Senior Technician I-III 160 32-36 33.00$ 5,280.00$ 89,385.00$ OVERHEAD (OH Cost - including Salary Additives): OH Rate x DSC of 167.03%X 89,385.00$ 149,299.77$ FIXED FEE (FF): FF Rate x DSC of 34.00%X 89,385.00$ 30,390.90$ REIMBURSABLES: Equipment, Mileage, and Etc.3,670.44$ Procore Fee 6,660.00$ Total Reimbursables 10,330.44$ Subtotal (Consultant Total):279,406.11$ Subconsultant Costs (See Exhibit E): DKS Associates 42,726.82$ Total Subconsultant Costs 42,726.82$ TOTAL DESIGN ENGINEERING SERVICES:322,132.93$ Total Direct Salary Cost (DSC) EXHIBIT C CONSULTANT COST COMPUTATIONS CITY OF PASCO, WASHINGTON CONSTRUCTION ADMINISTRATION SERVICES CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS - PHASE 2 1/27/2023 https://andersonperry.sharepoint.com/sites/PascoWA/Projects/6094-27 Signal Imp. Ph2/000 Contract-Billing/Agreement/Supplemental Agreement No. 1/Exhibit C.xlsxPage 206 of 251 January 24, 2023 Anderson Perry & Associates, Inc. 1901 N Fir Street La Grande, OR 97850 Subject: Acceptance FYE 2021 ICR Risk Assessment Review Dear Timothy Cox: Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2021 ICR of 167.03% of direct labor (rate includes 0.19% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; SCHATZIE HARVEY, CPA Contract Services Manager SH:ah Page 207 of 251 EXHIBIT DDRAFT HOUR AND FEE ESTIMATEProject: City of Pasco23-Dec-22DKS AssociatesTotal FeePrincipal Project Senior Project CAD ProjectEffective TaskEngineer ManagerEngineerEngineer Technician CoordinatorDirect Overhead Profit multiplier98.00$ 71.00$ 58.00$ 52.00$ 35.00$ 38.00$ Hours Labor Cost 181.87% 34%3.15871 Coordination, Meetings, And Field Visits1.10- -- -1.20- -- -1.316 24 2464 3,776.00 6,867.41 1,283.84 11,927.25 0 16 24 2400 64 3,776.00 6,867.41 1,283.84 11,927.25 2 RFIs and RAMs2.1- -- -2.2- -- -2.3- -- -2.41 15 282064 3,487.00 6,341.81 1,185.58 11,014.39 1 15 28 0200 64 3,487.00$ 6,341.81$ 1,185.58$ 11,014.39$ 3 Signal Timing Development And Implementation4 8 32 40690 5,124.00 9,319.02 1,742.16 16,185.18 4 8 32 4006 90 5,124.00$ 9,319.02$ 1,742.16$ 16,185.18$ SUM5 39 84 64 206 218 12,387.00$ 22,528.24$ 4,211.58$ 39,126.82$ ODC:Milage/Hotel/Print3,600.00$ Grand Total42,726.82$ City-Wide Signal Phase 2: ESDC - Amendment 1Labor Hour EstimateTask TotalsDescriptionTask TotalTask TotalCoorindationMeetings (up to 5 virtual meetings)Field Visits (2 times, up to two person each visit)RFIInformationRAMsPlan RevisionsCity of PascoPage 1 of 1DKS12/27/2022Page 208 of 251 October 15, 2021 DKS Associates, Inc. 720 SW Washington Street, Suite 500 Portland, OR 97205 Subject: Acceptance FYE 2021 ICR CPA Report Dear Mike Thomas: We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 181.87% of direct labor (rate includes 0.11% Facilities Capital Cost of Money) Moss Adams, LLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 209 of 251 H~l%-ll Local Agency A&E Professional Services Cost Plus Fixed Fee ConsuItantAgreement Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Agreement Number:17014 Firm/Organization Legal Name (do not use dba’s): Anderson Perry &Associates,Inc. Address Federal Aid Number P.O.Box 1687,Walla Walla,Washington 99362 STPUL-991l(011) UBI Number Federal TIN or SSN Number 600-337-832 93-0640493 Execution Date Completion Date 1099 Form Required Federal Participation El Yes No Yes D No Project Title Citywide Traffic Signal Improvements —Phase 2 —Construction Administration Services Description of Work This project generally includes the construction of traffic signal and Americans with Disabilities Act (ADA) compliant pedestrian improvements at eleven (11)intersections throughout the City of Pasco,Washington (AGENCY).Anderson Perry &Associates,Inc.(CONSULTANT)will provide pre-construction assistance as outlined in the Scope of Work.In addition,review and redesign of eight (8)ADA ramps by the CONSULTANT is included. D Yes No DBE Participation Total Amount Authorized:$48,587.70 D Yes NO MBE Participation Management Reserve Fund: Cl Yes No WBE Participation M 'A tP bl:Elves No SBE Participation “mum m°”"aye 9 index of Exhibits Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certi?cation Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised n9/n-I/9071 Page 210 of 251 Local A gencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 02/01/2021 THIS AGREEMENT,made and entered into as shown in the “Execution Date”box on page one (1)of this AGREEMENT,between the City of Pasco , hereinafter called the “AGENCY,”and the “Firm /Organization Name”referenced on page one (1)of this AGREEMENT,hereinafter called the “CONSULTANT.” WHEREAS,the AGENCY desires to accomplish the work referenced in “Description of Work”on page one (1) of this AGREEMENT and hereafter called the “SERVICES,”and does not have suf?cient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES;and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration,if applicable,and has signi?ed a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE,in consideration of the terms,conditions,covenants,and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I.General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein de?ned,and necessary to accomplish the completed work for this project.The CONSULTANT shall furnish all services,labor, and related equipment and,if applicable,sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”attached hereto and by this reference made a part of this AGREEMENT.The General Scope of Work was developed utilizing performance based contracting methodologies. Ill.General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State,Federal,Community,City,or County of?cials, groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in suf?cient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal,State,and local laws, rules,codes,regulations,and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT.This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number:17014 Page 211 of 251 Participation for Disadvantaged Business Enterprises (DBE)or Small Business Enterprises (SBE),if required,per 49 CFR Part 26,shall be shown on the heading of this AGREEMENT.If DBE ?rms are utilized at the commencement of this AGREEMENT,the amounts authorized to each ?rm and their certi?cation number will be shown on Exhibit “B”attached hereto and by this reference made part of this AGREEMENT.If the Prime CONSULTANT is a DBE certi?ed ?rm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan”and perform a minimum of 30%of the total amount of this AGREEMENT.It is recommended,but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal,a voluntary SBE goal amount of ten percent of the Consultant Agreement is established.The Consultant shall develop a SBE Participation Plan prior to commencing work.Although the goal is voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT,on a monthly basis,shall enter the amounts paid to all ?rms (including Prime) involved with this AGREEMENT into the wsdot.diversi com liance.com ro ram.Payment information shall identify any DBE Participation. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic ?les,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit “C — Preparation and Delivery of Electronic Engineering and other Data.” All designs,drawings,speci?cations,documents,and other work products,including all electronic ?les,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES,and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this SERVICE,shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i)certi?ed mail,return receipt requested,or (ii)by email or facsimile,to the address set forth below‘ If to AGENCY:If to CONSULTANT: Name:Jacob Sevigny,P.E.Name:Jake Hollopeter,P.E. Agency:City of Pasco Agency:Anderson Perry &Associates,Inc. Address:525 North 3rd Avenue Address:214 East Birch Street City:Pasco State:WA Zip:99301 City:Walla Walla State:WA Zip:99362 Email:sevignyj @pasco-wa.gov Email:jho1lopeter@andersonperry.com Phone:(509)544-4129 Phone:(509)529-9260 Facsimile:Facsimile:(509)529-8102 IV.Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY.All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD,governmental actions,or other conditions beyond the control of the CONSULTANT.A prior supplemental AGREEMENT issued by the AGENCY_is required to extend the established completion time. Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Aareemnnf Revised 02/01/2021 Page 212 of 251 www.ecfr.gov V.Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter.Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete SERVICES, speci?ed in Section II,“Scope of Work”.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 ().The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D”and “E”and by this reference made part of this AGREEMENT. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT’S actual cost plus a ?xed fee.The actual cost shall include direct salary cost,indirect cost rate, and direct non-salary costs. 1.Direct (RAW)Labor Costs:The Direct (RAW)Labor Cost is the direct salary paid to principals, professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT.The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2.Indirect Cost Rate (ICR)Costs:ICR Costs are those costs,other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books.Progress payments shall be made at the ICR rates shown in attached Exhibits “D”and “E”of this AGREEMENT.Total ICR payment shall be based on Actual Costs.The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit,up to the Maximum Total Amount Payable,authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D”and “E”,attached hereto and by this reference made part of this AGREEMENT.The CONSULTANT (prime and all A&E sub-consultants)will submit to the AGENCY within six (6)months after the end of each ?rm’s ?scal year,an ICR schedule in the format required by the AGENCY (cost category,dollar expenditures,etc.) for the purpose of adjusting the ICR rate for billings received and paid during the ?scal year represented by the ICR schedule.It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year’s ICR cost to re?ect the actual rate.The ICR schedule will be sent to Email:. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR rate,if they so desire. 3.Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT.(excluding Meals,which are reimbursed at the per diem rates identi?ed in this section) These charges may include,but are not limited to,the following items:travel,printing,long distance telephone,supplies,computer charges and fees of sub-consultants.Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train,and rental car costs)in accordance with WSDOT’s Accounting Manual M 13-82,Chapter 10 —Travel Rules and Procedures,and revisions thereto.Air,train,and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)Part 31.205-46 “Travel Costs.”The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identi?able with the PROJECT.The CONSULTANT shall maintain the original supporting documents in their of?ce.Copies of the original supporting documents shall be supplied to the AGENCY upon request.All above charges must be necessary for the services provided under this AGREEMENT.Agreement Number:17014 Local AgencyA&E Professional Services Cost Plus Fixed Fee ConsuItantAgreement Page 4 of 14 Revised 02/01/2021 Consu1tantRates@wsdot.wa.gov Page 213 of 251 4.Fixed Fee:The Fixed Fee,which represents the CONSULTANT’S pro?t,is shown in attached Exhibits “D” and “E”of this AGREEMENT.This fee is based on the Scope of Work de?ned in this AGREEMENT and the estimated person—hoursrequired to perform the stated Scope of Work.In the event the CONSULTANT enters into a supplementalAGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the ?nal payment,subject to the provisions of Section IX entitled “Termination of Agreement.” 5.Management Reserve Fund (MRF):The AGENCY may desire to establish MRF to provide the Agreement Administrator with the ?exibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already de?ned in this AGREEMENT.Such authorization(s)shall be in writing and shall not exceed the lesser of $100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the MRF is shown in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, “Extra Work.” 6.Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the MRF.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII,“Extra Work.”No minimum amount payable is guaranteed under this AGREEMENT. B Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work.Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,“General Requirements”of this AGREEMENT.The billings will be supported by an itemized listing for each item including Direct (RAW)Labor,Direct Non-Salary,and allowable ICR Costs to which will be added the prorated Fixed Fee.To provide a means of verifying the billed Direct (RAW)Labor costs for CONSULTANT employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,Direct (RAW)Labor rates,and present duties of those employees performing work on the PROJECT at the time of the interview. C.Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its veri?cation by the AGENCY after the completion of the work under this AGREEMENT, contingent,if applicable,upon receipt of all PS&E,plans,maps,notes,reports,electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are speci?cally reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of ?nal audit;all required adjustments will be made and re?ected in a ?nal payment.In the event that such ?nal audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty (30)calendar days of notice of the overpayment.Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a ?nding by the AGENCY of overpayment.The CONSULTANT has twenty (20)working days after receipt of the ?nal POST AUDIT to begin the appeal process to the AGENCY for audit ?ndings. Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised ()2/01/2021 Page 214 of 251 D.Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States,for a period of six (6)years after receipt of ?nal payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception:if any litigation,claim or audit arising out of,in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT.The audit,if any,will be performed by the State Auditor,WSDOT’s Internal Audit Of?ce and/or at the request of the AGENCY’s Project Manager. VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A”attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY.No permission for subcontracting shall create,between the AGENCY and sub-consultant,any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identi?ed in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,indirect cost rate,direct non-salary costs and ?xed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions”herein and shall be memorialized in a ?nal written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANT shall require each sub-consultant or subcontractor,of any tier,to abide by the terms and conditions of this AGREEMENT.With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.01l. The CONSULTANT,sub-recipient,or sub-consultant shall not discriminate on the basis of race,color,national origin,or sex in the performance of this AGREEMENT.The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona ?de employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona ?de employee working solely for the CONSULTANT,any fee,commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen’s Agreement Number:17014 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 02/01/2021 Page 215 of 251 Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of this AGREEMENT,any professional or technical personnel who are,or have been,at any time during the period of this AGREEMENT,in the employ of the United States Department of Transportation or the AGENCY,except regularly retired employees,without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII.Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,sub-consultants, subcontractors and successors in interest,agrees to comply with the following laws and regulations: -Title VI of the Civil Rights Act of 1964 -Civil Rights Restoration Act of 1987 (42 U.S.C.Chapter 21 Subchapter V §2000d (Public Law 100-259) through 2000d-4a)-American with Disabilities Act of 1990 -Federal-aid Highway Act of 1973 (42 U.S.C.Chapter 126 §12101 et.seq.) (23 U.S.C.Chapter 3 §324).23 CFR part 200 -Rehabilitation Act of 1973 .49 CFR part 21 (29 U.S.C.Chapter 16 Subchapter V §794)_49 CFR Part 26 -Age Discrimination Act of 1975 .RCW 49.60180 (42 U.S.C.Chapter 76 §6101 et.seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit “F”in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX.Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the CONSULTANT,a ?nal payment shall be made to the CONSULTANT for actual hours charged and any appropriate ?xed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10)days following receipt by the CONSULTANT of the notice to terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this section,then no ?nal payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to Agreement Number:17014 Local AgencyA&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 7 of 14 Rgvisnrl n2/01/2021 Page 216 of 251 date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another ?rm to complete the SERVICES required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination.Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth in paragraph two (2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs and appropriate ?xed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall,within 15 days,notify the AGENCY in writing,in the event of the death of any member, partner,or of?cer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaf?liation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY,in writing,in the event of the sale or transfer of 50%or more of the bene?cial ownership of the CONSULTANT within 15 days of such sale or transfer occurring.The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any terrn(s) of this AGREEMENT.If termination for convenience occurs,?nal payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT X.Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof.Should the AGENCY ?nd it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be ?nal and binding on the parties of this AGREEMENT;provided however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision,that decision shall be subject to judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”.In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington,situated in the county in which theAGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number:17014 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 02/01/2021 Page 217 of 251 XII.Legal Relations The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal,State,and local laws, rules,codes,regulations and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT.This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend,indemnify,and hold The State of Washington (STATE)and the AGENCY and their of?cers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the negligence o?or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT’s agents,employees,sub consultants,subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their of?cers and employees against and hold harmless the STATE and the AGENCY and their of?cers and employees from claims,demands or suits based solely upon the negligence of,or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents,of?cers,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the STATE and/or the AGENCY may be legally liable;and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a)the CONSULTANT or the CONSULTANT’s agents,employees, sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT is legally liable,and (b)the STATE and/or AGENCY,their agents,of?cers,employees,sub-consultants,subcontractors and or vendors,of any tier,or any other persons for whom the STATE and or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents,employees,sub-consultants,subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable.This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant,subcontractor and vendor,of any tier. The CONSULTANT shall also defend,indemnify,and hold the STATE and the AGENCY and their of?cers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information,know-how,copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable,in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes,designs,information or other items furnished or communicated to STATE and/or the AGENCY,their agents,of?cers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions resulting from STATE and/or AGENCY’s,their agents’,of?cers’and employees’failure to comply with speci?c written instructions regarding use provided to STATE and/or AGENCY,their agents,of?cers and employees by the CONSULTANT,its agents,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may,in its sole discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a Violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT. The CONSULTANT speci?cally assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and /or the AGENCY and,solely for the purpose of this indemni?cation and defense,the CONSULTANT speci?cally waives any immunity under the state industrial insurance law,Title 51 RCW.This waiver has been mutually negotiated between the Parties. Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Rmlisqnl n2/n1/2021 Page 218 of 251 Unless otherwise speci?ed in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the project.Subject to the processing of a new sole source,or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker’s compensation and employer’s liability insurance as required by the STATE. B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00)in the aggregate for each policy period. C.Business auto liability insurance written under ISO Fonn CG 00 01 10 01 or equivalent providing coverage for any “Auto”(Symbol 1)used in an amount not less than a one million dollar ($1,000,000.00)combined single limit for each occurrence. Excepting the Worker’sCompensation Insurance and any Professional Liability Insurance,the STATE and AGENCY,their officers,employees,and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”),with no restrictions or limitations concerning products and completed operations coverage.This coverage shall be primary coverage and non—contributory and any coverage maintained by the AIS shall be excess over,and shall not contribute with,the additional insured coverage required hereunder.The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIS.The CONSULTANT shall furnish the AGENCY with veri?cation of insurance and endorsements required by this AGREEMENT.The AGENCY reserves the right to require complete,certi?ed copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a veri?cation of insurance as outlined above within fourteen (14)days of the execution of this AGREEMENT to: Name:Jacob Sevigny,P.E. Agency:City Of Pasco Address:525 North 3rd Avenue City:Pasco State:WA Zip:99301 Email:sevignyj @pasco-wa.gov Phone:(509)544-4129 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY,including that which may arise in reference to section IX “Termination of Agreement”of this AGREEMENT,shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00),whichever is greater,unless the limit of liability is increased by the AGENCY pursuant to Exhibit H.In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 10 of 14 Revised 02/01/2021 Page 219 of 251 The parties enter into this AGREEMENT for the sole bene?t of the parties,and to the exclusion of any third party, and no third party bene?ciary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions”until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIII.Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the:(1)maximum amount payable;(2)delivery or completion schedule,or both;and (3)other affected terms and shall modify this AGREEMENT accordingly. C.The CONSULTANT must submit any “request for equitable adjustment,”hereafter referred to as “CLAIM,” under this clause within thirty (30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before ?nal payment of this AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes”clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs (A.)and (B.)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by speci?c written supplement to this AGREEMENT. XIV.Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XV.Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI.Certification of the Consultant and the Agency Attached hereto as Exhibit “G—l(aand b)”are the Certi?cations of the CONSULTANT and the AGENCY,Exhibit “G-2”Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters -Primary Covered Transactions,Exhibit “G-3”Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4”Certi?cate of Current Cost or Pricing Data.Exhibit “G-3”is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00)and Exhibit “G-4”is required only in AGREEMENT’s over ?ve hundred thousand dollars ($500,000.00)These Exhibits must be executed by the CONSULTANT,and submitted with the master AGREEMENT,and returned to the AGENCY at the address listed in section III “General Requirements”prior to its performance of any SERVICES under this AGREEMENT. Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsuItantAgreement Page 11 of 14 Revised 02/01/2021 Page 220 of 251 XVII.Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modi?cations of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII.Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements, representations,warranties,covenants,and AGREEMENT’s contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX.Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local,state or federal statutes (“State’s Con?dential Information”).The “State’s Con?dential Information”includes,but is not limited to,names,addresses,Social Security numbers,e-mail addresses,telephone numbers,?nancial pro?les, credit card information,driver’s license numbers,medical data,law enforcement records (or any other information identi?able to an individual),STATE and AGENCY source code or object code,STATE and AGENCY security data,non-public Speci?cations,STATE and AGENCY non-publicly available data,proprietary software,State security data,or information which may jeopardize any part of the project that relates to any of these types of information.The CONSULTANT agrees to hold the State’s Con?dential Information in strictest con?dence and not to make use of the State’s Con?dential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees,sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,and not to release,divulge,publish,transfer, sell,disclose,or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law.The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY.The CONSULTANT agrees to implement physical,electronic,and managerial safeguards to prevent unauthorized access to the State’s Con?dential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall,at the AGENCY’s option:(i)certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Con?dential Information;or (ii)returned all of the State’s Con?dential Information to the AGENCY;or (iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Con?dential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State’s Con?dential Information received in the performance of this AGREEMENT;the purpose(s)for which the State’s Con?dential Information was received;who received,maintained and used the State’s Con?dential Information;and the ?nal disposition of the State’s Con?dential Information.The CONSULTANT’s records shall be subject to inspection,review,or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor,audit,or investigate the use of the State’s Con?dential Information collected,used,or acquired by the CONSULTANT through this AGREEMENT.The monitoring,auditing,or investigating may include,but is not limited to,salting databases. Agreement Number:17014 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 12 of 14 Revised 02/01/2021 Page 221 of 251 Violation of this section by the CONSULTANT or its sub—consultantsor subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Con?dential Information,monetary damages,or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or con?dential during the term of this AGREEMENT.The parties agree to maintain the con?dentiality of such information during the term of this AGREEMENT and afterwards.All materials containing such proprietary and/or con?dential information shall be clearly identi?ed and marked as “Con?dential”and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers con?dential and/or proprietary in nature:(a)at the commencement of the term of this AGREEMENT;or (b)as soon as such con?dential or proprietary material is developed.“Proprietary and/or con?dential information”is not meant to include anyinformation which,at the time of its disclosure:(i)is already known to the other party;(ii)is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party;(iv)is publicly known;or (v)is generally utilized by unaf?liated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws.As such,the AGENCY shall maintain the con?dentiality of all such information marked proprietary and/ or con?dential or otherwise exempt,unless such disclosure is required under applicable state or federal law.If a public disclosure request is made to View materials identi?ed as “Proprietary and/or con?dential information”or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure.If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date speci?ed. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or con?dential information.The CONSULTANT noti?cation to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information.If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities,or costs associated with the AGENCY’s said disclosure of sub-consultants’information. XX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years from the date of ?nal payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all “documents”pertaining to the SERVICES provided pursuant to this AGREEMENT.Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours.If any litigation,claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents.“Documents”shall be retained until all litigation,claims or audit ?ndings have been resolved even though such litigation,claim or audit continues past the six (6)year retention period. For purposes of this AGREEMENT,“documents”means every writing or record of every type and description, including electronically stored information (“ESI”),that is in the possession,control,or custody of the CONSULTANT,including,without limitation,any and all correspondences,contracts,AGREEMENT ‘s, appraisals,plans,designs,data,surveys,maps,spreadsheets,memoranda,stenographic or handwritten notes,reports,records,telegrams,schedules,diaries,notebooks,logbooks,invoices,accounting records, work sheets,charts,notes,drafts,scribblings,recordings,visual displays,photographs,minutes of meetings, Agreement Number:17014 Local AgencyA&E Professional Services Cost Plus Fixed Fee ConsuItantAgreement Page 13 of 14 Revised 02/01/2021 Page 222 of 251 3%’?W/Z (-18-21 tabulations,computations,summaries.inventories.and writings regarding conferences.conversations or telephone conversations,and any and all other taped,recorded,written,printed or typed matters of any kind or description;every copy of the foregoing whether or not the original is in the possession,custody,or control of the CONSULTANT,and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT,“ESI”means any and all computer data or electronic recorded media of any kind,including "Native Files",that are stored in any medium from which it can be retrieved and examined,either directly or after translation into a reasonably useable form.ESI may include information and/or documentation stored in various software programs such as:Email,Outlook,Word,Excel,Access,Publisher,PowerPoint,Adobe Acrobat,SQLdatabases,or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations.ESI may be located on network servers,backup tapes,smart phones,thumb drives.CD3,DVDS,?oppy disks,work computers.cell phones,laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder,including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files“are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed,and /or modi?ed. The CONSULTANT shall include this section XX “Records Maintenance”in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms,unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date”box on page one (1)of this AGREEMENT. Local Agency A&E Professional Services Cost Plus Fixed Fee ConsuItantAgreement Page 14 of 14 Revised 02/01/2021 Any n-zodg?cation.change,or rejformalion QffhisAGREEMENTshall require approval as to‘/brmby the O?ic of the Attorney General. Agreement Number:17014 'natur Dat DatSigna Page 223 of 251 Project No.17014 See attached,Exhibit A -City of Pasco,Washington Construction Administration Services,Citywide Traf?c Signal Improvements -Phase 2,Scope of Work. ExhibitA Scope of Work Agreement Number:17014 ExhibitA -Local Agene yA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1Page 224 of 251 . -. V‘ I .. n . ..:_, IH H H.. .... .-‘ .:. n .u n n :My :n v 4 ll :. '.'H n n '‘u -.n m n :-. n ..:x ..I EXHIBITA CITYOF PASCO,WASHINGTON CITYWIDETRAFFICSIGNAL IMPROVEMENTS —PHASE 2 CONSTRUCTIONADMINISTRATIONSERVICES SCOPE OF WORK 11/18/2022 https://andersonperryshavepuinLcom/sites/PascoWA/Projects/6094-27SignalImp.Ph2/000Contract-Billing/Agreement/Agreement_November/ExhibitA-SOW.docx BACKGROUND This project generally includes the construction of traffic signal and Americans with Disabilities Act (ADA) compliant pedestrian improvements at eleven (11)intersections throughout the City of Pasco (AGENCY).Anticipated intersections to be improved include: 'Court Street &Road 32 °Court Street &Road 36 °Court Street &Road 40 'Sylvester Street &4th Avenue °Sylvester Street &5th Avenue -Sylvester Street &10th Avenue -Sylvester Street &28th Avenue -Ainsworth Street &10th Avenue °Argent Road &Road 68 °Argent Road &Road 80 -Argent Road &Road 84 In general,the CONSULTANTwill provide pre—construction management for the project including,but not be limited to,the following key components and deliverables: -ADA Design Review and modification °Review and Approve Material Submittals -Review Contractor Proposals for Alternate "Or Equal"Materials °Schedule and Attend Pre—construction Meeting -Complete WSDOT Pre—construction Documentation °Submit Monthly Invoices to the AGENCYfor Services Performed DUTIESAND RESPONSIBILITIESOF ANDERSON PERRY&ASSOCIATES,INC.(CONSULTANT) TASK 1 -PROJECT ADMINISTRATION The CONSULTANTwill oversee project tasks and coordinate with AGENCYrepresentatives to manage the scope, schedule,and budget for the pre—construction services associated with this project. Anderson Perry 8:Associates,Inc. Page 1Page 225 of 251 ,. 1.1 1. Contract Administration,Invoicing,and Progress Reports Prepare and submit monthly invoices to the AGENCY.Each invoice will include the date period covered by the invoice,the number of hours worked during the billing period with billing rates shown,expenses and associated markups,the total cost for labor and expenses,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,including the current invoice with an itemized summary of invoice numbers,dates,and amounts billed for labor,expenses,and subconsultants,as well as the total amounts for each invoice.The Contract Summary Report will also list the total amount billed to date,total amount remaining under the contract,and the contract expiration date. Prepare a brief Project Status Report to accompany the monthly invoices.The Project Status Report will include the date period covered by the report and a brief summary of the work performed during the billing period. Project management.General coordination with the AGENCY,subconsultants,other consultants, and stakeholders,as well as ongoing monitoring of tasks and resources. Maintain all contract—required documentation.Provide copies of project files and records to the AGENCYfor audits and public information requests.All final documents will be provided in electronic format as requested. Deliverables Monthly Invoices,Contract Summary Reports,and Project Status Reports Project Documentation TASK 2 -CONSTRUCTION ADMINISTRATION 2.1 Pre-construction Management and Administration The CONSULTANTwill provide pre-construction management and administration services,acting as the AGENCY'srepresentative.Anticipated duties will include the following: 'Organize and lead the pre-construction conference and provide meeting minutes. °Receive,review,maintain,and approve all material submittals,requests for information (RF|s) and create ROM and RAM,as required.Copies of all submittal correspondence will be provided to the AGENCY. °Receive,review,and determine the acceptability of any and all schedules provided by the Contractor,including the Progress Schedule,Schedule of Submittals,and Schedule of Values. °Complete WSDOT required construction documentation including DBE,EEO,and Training Goals. Deliverables Pre-construction Conference Meeting Minutes Copies of Approved Material Submittals Copies of all Schedules Provided by the Contractor Copies of all Written Communications with the Contractor Anderson Perry &Associates,Inc. Page 2andersonperrvjharepoint.com/sites/PascoWA/Projects/6094-27Signal Imp.Phz/000Cnnlracl-BI ing/Agreemem/Agreemenl_November/Exhibit A -SOW.docx 11/18/Page 226 of 251 u nu u .. <. I . --v.u u 1vu: n I ‘I u:u ‘A-:H Iv‘: Assumptions Up to eight (8)ADA Ramps will be modified or redesigned 2.2 Traffic Construction Engineering (By DKS ASSOCIATES[SUBCONSULTANT]) DKS (CONSULTANT)will provide engineering support during the construction of the Pasco City—WideTraffic Signal Improvement Phase 2 project.The CONSULTANT’Sscope only covers traffic signals and pavement markings. COORDINATION,MEETINGS,AND FIELDVISITS The CONSULTANTwill manage the project budget,scope,and contract schedule,invoicing monthly with a progress report.DKSwill coordinate with the Construction Management teams,the City of Pasco,and the Contractor on the engineering support during the construction. DKS staff will attend the following meetings virtually or on—siteas indicated 0 One virtual meeting with the City to discuss changes needed to the plans (virtual) 0 One pre-construction meeting (virtual) 0 Up to three signal discussion meetings (virtual) RFIS AND RAMS The CONSULTANTshall review and respond to RF|s,and material/product submittals.The City shall request the CONSULTANT to answer questions,RFISand submittal reviews.The CONSULTANT will evaluate the need for plan revisions with the City and provide plan revision as agreed. The task assumes the following: 0 Written responses to RF|s (up to ten RF|s,three hours each,turnaround time will be up to four working days from receipt) 0 Email responses to informal RFIS (up to ten hours) 0 Written responses to material submittals (up to eight submittals,three hours each,turnaround time will be up to five working days from receipt) Assumptions This Scope of Work does not include as-built plans TASK 3 -ADA DESIGNVERIFICATION The CONSULTANTwill review the existing design drawings and walk the project with the AGENCYprior to construction to determine if any of the ADA ramps as designed need to be reassessed.For any ADA ramps identified as needing reassessment,the CONSULTANT will collect additional survey data and will prepare updated design drawings as needed to ensure compliance with current ADA requirements and Agency preferences. Deliverable Updated ADA Ramp Design Drawings for Selected ADA Ramps Anderson Perry &Associates,Inc. Page 3https://andersonperry.sharepoint.com/sites/PascoWA/Prejects/6094-27Signal Imp.Ph2/O00Contract-BilIing/Agreemem/Agleernent_Nuvemher/ExhibitA-SOW.docx 11/18/Page 227 of 251 None Exhibit B DBE Participation Agreement Number:17014 Exhibit B Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1Page 228 of 251 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency,as applicable,is to provide a description of the format and standards the consultant is to use in preparing electronic ?les for transmission to the agency.The format and standards to be provided may include,but are not limited to,the following: I.Surveying,Roadway Design &Plans Preparation Section A.Survey Data B.Roadway Design Files AutoCAD,.pdf,and other mutually agreed upon formats as may be necessary. C.Computer Aided Drafting Files AutoCAD Agreement Number:17014 Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 AutoCAD and other mutually agreed upon formats as may be necessary Page 229 of 251 E.Specify the Electronic Deliverables to Be Provided to the Agency See information in Exhibit A. D.Specify the Agency’s Right to Review Product with the Consultant Agency may review Consu1ta.nt's work upon request. F.Specify What Agency Furnished Services and Information Is to Be Provided See information in Exhibit A. ExhibitC -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4 Agreement Number:17014 Page 230 of 251 II.Any Other Electronic Files to Be Provided None anticipated. III.Methods to Electronically Exchange Data Electronic data will be exchanged Via electronic mail,FTP exchange or other means necessary. Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4Page 231 of 251 A.Agency Software Suite Microsoft Of?oe Suite,Autodesk Products C.File Transfers Format Portable Document Format (.pdf) Exhibit C Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4 B Electronic Messaging System Microsoft Outlook Page 232 of 251 See attached Professional Services Cost Computations included as Exhibit D Exhibit Prime Consultant Cost Computations Agreement Number:17014 Exhibit D -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1Page 233 of 251 ggggdemon EXHIBITD L assoc tes,Inc. CITYOF PASCO,WASHINGTON CITYWIDETRAFFICSIGNAL IMPROVEMENTS -PHASE 2 CONSTRUCTION ADMINISTRATION SERVICES CONSULTANT COST COMPUTATIONS anutuanlnq -nurvuylnu muwnl .-mm:-u DKSAssociates Total Subconsultant Costs Subtotal (Consultant Total): Subconsultant Costs (See Exhibit E) Classification Estimated Hours Senior Engineer VII-Vlll 5 Senior Engineer V-VI 10 Senior Engineer I-IV 40 Engineering Technician II-IV 100 Professional Surveyor IV-V 5 Survey Crew Chief |—|||10 Survey Technician ||—IV 10 Senior Technician |-lV 40 OVERHEAD(OH Cost -including Salary Additives): OH Rate x DSC of 165.58% FIXEDFEE(FF): FF Rate x DSC of 34.00% Range 59-63 55-58 48-55 23-27 44-50 26-32 20-25 29-35 Total Direct Salary Cost lDSC) Avera e Rate ‘U1-‘U‘)-'(.I')-‘Ln-‘U1-‘Lil-‘U1 S $ S 60.00 57.00 52.00 38.00 48.00 29.00 23.00 33.00 8,830.00 8,830.00 Equipment,Mileage,and Etc. Procore Fee ($400/month) Total Reimbursables ‘UT-(.17)-‘C/7~'{/T~'(/I-Lf}-(f).'(/}‘(/3' Cost 300.00 570.00 2,080.00 3,800.00 240.00 290.00 230.00 1,320.00 8,830.00 14,620.71 3,002.20 500.00 800.00 1,300.00 27,752.91 20,834.79 20,834.79 48,587.70 11/18/2022 hnps://andersonpem/.sharepoint.com/sites/Pa5cowA/Projects/6094-27 Signal Imp.Phz/000Comract-BiHing/Agreement/Agreement_Novemher/ExhibitD.xIsx TOTAL ENGINEERING SERVICE REIMBURSABLE Page 234 of 251 Deve?op meat Division Contract Z~\ar-/ic:2sC1 -2' PO Box.4743'.‘ Cm-mpia,WA L!_»?-Mic ’345 LintlearsazrxWas..‘Z —‘NTunrwwar.WA 985-3!654 %. TT\j'“~'.§.J'[_%—: www w~sd<*-xha gm November 13,2020 Anderson Perry &Associates,Inc. P.O.Box 1107 La Grande,OR 97850 1,~u:eio:1rxentII.E"3"C: '3C1’\‘.:7’JCISE~.:“.'5Ct-LE-;Cffice Pi)Box 47408 ?lylmria.WA 93504-7 5:58 7345 L§ncicrsov1‘.*.’n;/SW '2urnw:.te:.‘.r‘.’/4.93501- 65041 '1']Y21-800 833-6333 “'.*.vv.'.:*;sc%o't.\.;'a.gcu Subject:Acceptance FYE 2019 ICR Audit Office Review Dear Timothy Cox: Transmitted herewith is the WSDOT Audit Off1ce’s memo of “Acceptance”of your ?rm°s FYE 2019 Indirect Cost Rate (ICR)of 165.58%of direct labor (rate includes 1.77%Facilities Capital Cost of Money).This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only.This rate may be subject to additional review if considered necessary by WSDOT.Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement/contract. This was not a cognizant review.Any other entity contracting with your ?rm is responsible for determining the acceptability of the ICR. If you have any questions,feel free to contact our office at (360)705-7019 or via email Regards; ERIK K.JONSON Contract Services Manager EKJ 2ah consultantrates wsdot.wa.ov Page 235 of 251 Exhibit E Sub-consultant Cost Computations If no sub-consultant participation at this time.The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting”of this AGREEMENT. See attached Sub-consultant Cost Computations for DKS Associates,included as Exhibit E. Agreement Number:17014 Exhibit E -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1Page 236 of 251 9 D91? NNoN\m»\: mxo m:m_:xm_ 2.._.$.o~5_EO._.3:50 ?...S.8 233.2 Nvmmmv K.mm:.N mhmvto $._.o....n mo.$m.m oak? S2.» 3__._=_=E §_§Em 3”..28. w$.~«~.~wmE.$.:w8.8....¢$ w3.m$.. V38 8&8 8.80 S....8 owmmm otmi. $3 EOE w2....KoK»oo._.~~.<» wwomwm 5.9.3 ?.oE.m :..mS.¢ mm.m8,_ 8.~mm.m $5».2:‘ uw¢:._o>O cog: 83¢ 8.3o.N oa.2.n.~ 8.m8,_ 8.0_.m._. amen..5954 uow.__n_ New 3 «N 9. cm an t E m._:o: wou ooo ...om NN v¢ oqmn»8.2 ._3m:_u._ooo:m_u_:—_uw._..ma:_m:m §_o.&n_<o.8..o._n_ mm 8 I13 cm 2 N_. 98.~m98.3m8.:w8.8» ._ww:_m:m ._o_:¢m Sac?mm._:o_._._ona._ .mma:as_ .uo._o._n_ ._aw:_m:m_ _.a_2__.n_ m_>_<m co:m::oE_ Em ms_<m .25 m_..E m_So._.awn... m_.£mmE _m:t_>m2 3 w :=mm_>_ :o=m_o:_.ooo $_w_>E2“.u:<_w :_«oa_2 _.8_.m=_E8u :o_E_._um¢n_ mm N.N TN N9 3 r .33 m8m_uomm<wxo NN.>oZ.¢— E3»233commnuom?a_S_m_m%;>.>._o comma.no>20uom_o._n_ m_._.<_>=._.mm_mm".n_z<MDOIE<mn_ oomml .6 5.6 ask in» uno»wmml 34 Page 237 of 251 Exhibit F -Title VI Assurances Appendix A &E APPENDIX A During the performance of this contract,the contractor,for itself,its assignees,and successors in interest (hereinafter referred to as the "contractor")agrees as follows: 1. Local Agency A&E ProfessionalServices Cost Plus Fixed Fee Consultant Agreement Compliancewith Regulations:The contractor (hereinafter includes consultants)will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S.Department of Transportation,(Title ofModal Operating Administration),as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. Non-discrimination:The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding,or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race,color,or national origin.[Include Modal Operating Administration specific program requirements.] Information and Reports:The contractor will provide all information and reports required by the Acts,the Regulations,and directives issued pursuant thereto and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Recipient or the (Title ofModal Operating Administration)to be pertinent to ascertain compliance with such Acts,Regulations,and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the Recipient or the (Title of Modal Operating Administration),as appropriate,and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance:In the event of a contractor's noncompliance with theNon-discrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration)may determine to be appropriate,including,but not limited to: a.withholding payments to the contractor under the contract until the contractor complies;and/or b.cancelling,terminating,or suspending a contract,in whole or in part. Incorporation of Provisions:The contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title ofModal Operating Administration)may direct as a means of enforcing such provisions including sanctions for noncompliance.Provided,that if the contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient.In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. 17014 Agreement Number Revised 02/01/2021Page 238 of 251 Exhibit F -Title VI Assurances Appendix A &E APPENDIX E During the performance of this contract,the contractor,for itself,its assignees,and successors in interest (hereinafter referred to as the "contractor")agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Pertinent Non-Discrimination Authorities: 0 Title VI of the Civil Rights Act of 1964 (42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CF R Part 21. 0 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§ 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 0 Federal—AidHighway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); 0 Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability);and 49 CFR Part 27; 0 The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination on the basis of age); 0 Airport and Airway Improvement Act of 1982,(49 USC §471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); 0 The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the de?nition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors,whether such programs or activities are Federally funded or not); 0 Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities (42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; 0 The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.§47123)(prohibits discrimination on the basis of race,color,national origin,and sex); 0 Executive Order 12898,Federal Actions to Address Enviromnental Justice in Minority Populations and Low-Income Populations,which ensures discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 0 Executive Order 13166,Improving Access to Services for Persons with Limited English Pro?ciency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency (LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.Reg.at 74087 to 74100); 0 Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 17014 Local Agency A&E ProfessionalServices Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021Page 239 of 251 Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Certi?cation of Consultant Certi?cation of Ci of Pasco Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters - Primary Covered Transactions Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G Documents Agreement Number:17014 Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee ConsuitantAgreement Revised 02/01/2021 Page 1 of 1 Exhibit G-3 Page 240 of 251 Sign e(AulhorizedOf?cialofc sultant)Dat Exhibit G-1 (a)Certification of Consultant I hereby certify that I am the and duly authorized representative of the ?rm of Anderson Perry &Associates,Inc. whose address is 214 East Birch Street/P.O.Box 1687,Walla Walla,Washington 99362 and that neither the above ?rm nor I have: a)Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration, any ?rm or person (other than a bona ?de employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b)Agreed,as an express or impliedcondition for obtaining this contract,to employ or retain the services of any ?rm or person in connection with carrying out this AGREEMENT;or C)Paid,or agreed to pay,to any ?rm,organization or person (other than a bona ?de employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT;except as hereby expressly stated (ifany): I acknowledge that this certi?cate is to be furnished to the City of Pasco and the Federal H ighwav Administration.U .S.Department ofTransnortation in connection with this AGREEMENT involving participation of Federal—aidhighway funds,and is subject to applicable State and Federal laws,both criminal and civil. Anderson Perry &Associates,Inc. Consultant(FirmName) Agreement Number:17014 Exhibit G Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 241 of 251 /M Exhibit G-1 (b)Certification of I hereby certify that I am the: Agency Of?cial I___]Other of the City of Pasco ,and Anderson Perry &Associates,Inc. or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a)Employ or retain,or agree to employ to retain,any ?rm or person;or b)Pay,or agree to pay,to any ?rm,person,or organization,any fee,contribution,donation,or consideration of any kind;except as hereby expressly stated (if any): I acknowledge that this certi?cate is to be furnished to the City of Pasco and the Federal Highway Administration,U.S.Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Signature Date Agreement Number:17014 Exhibit G Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021Page 242 of 251 31%l[g>._[- Sign re (AuthorizedOf?cialof C sultant)Dat Exhibit G-2 Certification Regarding Debarment,Suspension and Other Responsibility Matters -Primary Covered Transactions 1. ll. The prospective primary participant certi?es to the best of its knowledge and belief,that it and its principals: A. D. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or perfonning a public (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement, theft,forgery,bribery,falsi?cation or destruction of records,making false statements,or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State,or local)with commission of any of the offenses enumerated in paragraph (l )(b) of this certi?cation;and Have not within a three (3)year period preceding this app1icalion/proposal had one or more public transactions (Federal,State and local)terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certi?cation, such prospective participant shall attach an explanation to this proposal. Agreement Number:17014 Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Anderson Perry &Associates,Inc. Consultant(FirmName) Page 243 of 251 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certi?es.by signing and submitting this bid or proposal.to the best of his or her knowledge and belief,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned.to any person for in?uencing or attempting to in?uence an of?cer or employee of any Federal agency.a Member of Congress,an of?cer or employee of Congress,or any employee of a Member of Congress in connection with the awarding of any Federal contract.the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT,and the extension,continuation,renewal,amendment, or modi?cation of Federal contract,grant.loan or cooperative AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person for in?uencing or attempting to influence an of?cer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative AGREEMENT,the undersigned shall complete and submit Standard Form -LLL,“Disclosure Form to Report Lobbying.”in accordance with its instructions. This certi?cation is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certi?cation is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,US.Code.Any person who fails to ?le the required certi?cation shall be subject to a civil penalty of not less than $10,000.00,and not more than $100,000.00. for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language oithis certi?cation be included in all lower tier sub—con'tracts,which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Anderson Perry &Associates,inc. Consultant(FirmName) Signa Date(AuthorizedOfficial Consultant) Agreement Number:17014 Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 244 of 251 To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identi?ed in Section XII,Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Exhibit H Liability Insurance Increase Such insurance coverage shall be evidenced by one of the following methods: -Certi?cate of Insurance. -Self-insurance through an irrevocable Letter of Credit from a quali?ed ?nancial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims,including claim amounts already reserved against the fund,safeguards established for payment from the fund,a copy of the latest annual ?nancial statements,and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as speci?ed above exceed $1 million per occurrence or the value of the contract,whichever is greater,then justi?cation shall be submitted to the Federal Highway Administration (FHWA)for approval to increase the minimum insurance limit. If FHWA approval is obtained,the AGENCY may,at its own cost,reimburse the CONSULTANT for the additional professional liability insurance required. Notes:Cost of added insurance requirements:55 °Include all costs,fee increase,premiums. -This cost shall not be billed against an FHWA ?inded project. -For ?nal contracts,include this exhibit. Agreement Number:17014 Exhibit H -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 ofPage 245 of 251 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s)is Identi?ed by Agency’s Project Manager At the ?rst indication of potential consultant design error(s),the ?rst step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s).For federally funded projects,the Region Local Programs Engineer should be informed and involved in these procedures.(Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer’s concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include:all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant’s alleged design error(s),there are three possible scenarios: -It is determined via mutual agreement that there is not a consultant design error(s).If this is the case, then the process will not proceed beyond this point. -It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case, then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place.The agency is to provide LP,through the Region Local Programs Engineer,a summary of the settlement for review and to make adjustments,if any,as to how the settlement affects federal reimbursements.No further action is required. -There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review.If the Director of Public Works or Agency Engineer,after review with their legal counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5 Agreement Number:170 l 4 Exhibit I -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2Page 246 of 251 Step 5 Forward Documents to Local Programs For federally funded projects all available information,including costs,should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA.LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to ?nd a resolution to the issue.If necessary,LP will request assistance from the Attorney General’s Office for legal interpretation.LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. °If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to re?ect the agreed upon resolution.LP,in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. -If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number:17014 Exhibit I -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2Page 247 of 251 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than $1,000.If the consultant’s claim(s)are a total of $1,000 or less,it would not be cost effective to proceed through the outlined steps.It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work,they may be entitled to a claim.The ?rst step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: ~Summation of hours by classi?cation for each ?rm that is included in the claim; -Any correspondence that directed the consultant to perform the additional work; -Timeframe of the additional work that was outside of the project scope; -Summary of direct labor dollars,overhead costs,pro?t and reimbursable costs associated with the additional work;and -Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency’s project manager.The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the FHWA is participating in the project’s funding,forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Local Programs (if applicable),and FHWA (if applicable)agree with the consultant’s claim,send a request memo,including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the ?nal payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim,proceed to step 3 of the procedures. Agreement Number:17014 Exhibit J -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2Page 248 of 251 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the Consultant’s claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; Agency’s summation of hours by classi?cation for each ?rm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency’s summary of direct labor dollars,overhead costs,pro?t and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s);and Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain concurrence from WSDOT Local Programs and FHWA regarding ?nal settlement of the claim.If the claim is not eligible for federal participation,payment will need to be from agency ?inds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their ?nal decision regarding the Consultant’s claim(s).Include the ?nal dollar amount of the accepted Claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the ?nal payment for the agreement is subject to audit. Agreement Number:17014 Exhibit J -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2Page 249 of 251 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 250 of 251 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 251 of 251