HomeMy WebLinkAbout2023.10.16 Council Meeting PacketAGENDA
City Council Regular Meeting
7:00 PM - Monday, October 16, 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 by is discussion desired If items. these further of
Councilmembers, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
6 - 20 (a)Approval of Meeting Minutes for October 2nd and October 10th
To approve the minutes of the Pasco City Council Special Meeting
and Regular Meeting held on October 2, 2023 and Regular Workshop
held on October 10, 2023.
21 - 22 (b)Bills and Communications - Approving Claims in the Total
Amount of $4,322,786.16
Page 1 of 325
To approve claims in the total amount of $4,322,786.16 ($4,747.77 in
Check Nos.54582 - 54590; $1,165,187.27 in Electronic Transfer
Nos.30197421 - 30197456; $3,075,140.22 in Check Nos. 259095 -
259384; $77,710.90 in Electronic Transfer Nos. 843194, 843199,
843206-843207).
23 - 62 (c)Resolution No. 4379 - Northwest Baseball Ventures I, LLC (Tri-
City Dust Devils) Lease Renewal at GESA Stadium
To approve Resolution No. 4379, authorizing the City Manager to
Execute a 10-year lease between Northwest Baseball Ventures I,
LLC and the City of Pasco for GESA Stadium.
63 - 84 (d)Resolution No. 4380 - Change Order No. 4 for the East Urban
Growth Area (UGA) Expansion Sewer Local Improvement District
(LID) No. 152 Phase 2 Project.
To approve Resolution No. 4380, Authorizing the City Manager to
execute Change Order No.4 to the Construction Contract with
Tapani, Inc. for the East UGA Expansion Sewer Local Improvement
District (LID) No. 152 Phase 2 Project.
85 - 135 (e)Ordinance No. 4687 - Amending Pasco Municipal Code Section
10.35.010 to Include Burns Road Speed Limit Change
To adopt Ordinance No. 4687, amending Pasco Municipal Code
Section 10.35.030 "Speed Limits in Certain Zones" to establish a new
speed limit on Burns Road west of Broadmoor Boulevard and, further,
authorize publication by summary only.
136 - 237 (f)Resolution No. 4381 - Approving the Basin Disposal Inc. 2024
Rate Increase
To approve Resolution No. 4381, approving a rate increase for solid
waste collections and Disposal Services by Basin Disposal, Inc.
238 - 242 (g)Resolution No. 4382 - Amending City Council Representation on
Community Boards and Committees for 2022-2023
To approve Resolution No. 4382, confirming Mayor Barajas amended
assignments of Councilmembers to various community boards and
committees for the years 2022-2023.
243 - 245 (h)*Franklin County Mosquito Control District Board of Trustees
Appointment
To approve the appointment of Angie Stoddard to represent the City
of Pasco on the Franklin County Mosquito Control District Board of
Trustees from October 16, 2023, through December 31, 2025.
246 - 249 (i)*Confirming Civil Service Commission/Personnel Board
Page 2 of 325
Appointment of Brian Ellis
To confirm the City Manager's appointment of Brian Ellis to Position
No. 2 on the Civil Service Commission/Personnel Board with an
unexpired term ending on February 17, 2028.
(RC) MOTION: I move to approve the Consent Agenda as read.
5.PROCLAMATIONS AND ACKNOWLEDGEMENTS
6.PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
allow 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
9.ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
250 - 306 (a)Resolution Nos. 4383, 4384, & 4385 - Approving Empire Estates
Developer Reimbursement (Latecomer) Agreement
MOTION: I move to approve Resolution No. 4383, authorizing the
City Reimbursement Developer Utility execute to Manager a
Agreement with Empire Bros Construction, LLC for the construction
of water utility improvements for the Empire Estates subdivision in
Pasco, WA.
MOTION: I move to approve Resolution No. 4384, authorizing the
City Developer Manager to execute a Utility Reimbursement
Agreement with Empire Bros Construction, LLC for the construction
of sewer utility improvements for the Empire Estates subdivision in
Pasco, WA.
MOTION: I move to approve Resolution No. 4385, authorizing the
City Street a Developer to Manager execute Reimbursement
Page 3 of 325
Agreement with Empire Bros Construction, LLC for the construction
of street improvements for the Empire Estates subdivision in Pasco,
WA.
10.UNFINISHED BUSINESS
11.NEW BUSINESS
307 - 323 (a)Behavioral Health Update in Benton & Franklin Counties
Presented by Fire Chief Kevin Crowley
12.MISCELLANEOUS DISCUSSION
13.EXECUTIVE SESSION & CLOSED SESSION
(a)The Executive Session Topics include Discussion with Legal
Counsel About Current or Potential Litigation and Discussion
with Legal Counsel About Legal Risks of Current or Proposed
Action per RCW 42.30.110(1)(i). The Closed Session Topic is to
Discuss Collective Bargaining Unit Negotiations per RCW
42.30.140(4)(a) (20 minutes)
14.ADJOURNMENT
15.ADDITIONAL NOTES
(a)(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
324 - 325 (b)Adopted 2020-2021 Council Goals (Reference Only)
(c)REMINDERS
Monday, October 16th, 6:00 PM: LEOFF Disability Board –
City Hall Conference Room 1, Pasco City Hall (MAYOR
BLANCH IRVING PRO TEM Rep.; BARAJAS, MAYOR
BROWN, Alt.)
Tuesday, October 17th, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City
Hall (COUNCILMEMBER DAVID MILNE, Alt.)
Wednesday, October 18th, 5:30 PM: Benton, Franklin &
Walla Transportation Walla Counties Good Roads &
Association Meeting – Clover Island Inn, Kennewick
(COUNCILMEMBER JOSEPH CAMPOS, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
Page 4 of 325
Thursday, October 19th, 3:30 PM: Franklin County
Emergency Management Council Meeting – EMS Office,
1011 BARAJAS, BLANCH Rep.; Ainsworth E. (MAYOR
COUNCILMEMBER DAVID MILNE, Alt.)
Thursday, October 19th, 4:00 PM: Tri-Cities National Park
Committee & Business Regional Tri-Cities Meeting –
Visitor Center, Bechtel Board Room, 7130 W. Grandridge
Blvd., Kennewick (MAYOR BLANCHE BARAJAS, Rep.)
Monday, October 23rd, 4:00 PM: Hanford Area Economic
Investment Ben – Meeting Advisory Fund Committee
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
on This meeting is broadcast live on PSC-TV Channel 191
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
(Spanish disponibilidad. language garantizar la interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 5 of 325
AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Debra Barham, City Clerk
City Manager
SUBJECT:Approval of Meeting Minutes for October 2nd and October 10th
I.REFERENCE(S):
10.02.2023 & 10.10.2023 Draft Council Minutes
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Special Meeting and Regular
Meeting held on October 2, 2023 and Regular Workshop held on October 10,
2023.
III.FISCAL IMPACT:
None
IV.HISTORY AND FACTS BRIEF:
V.DISCUSSION:
Page 6 of 325
MINUTES
City Council Special Meeting
6:00 PM - Monday, October 2, 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, Irving Brown, Joseph Campos, David
Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley,
Fire Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development
Director; City Attorney; Jesse Rice, Information Technology Director & Interim
Administrative & Community Services Director; Ken Roske, Police Chief; Steve
Worley, Public Works Director; and Debby Barham, City Clerk
Mayor Barajas called the Girls Scouts Troop located in Pasco to lead the Pledge
of Allegiance.
Abby Runner, Community Engagement & Recruitment Manager from Girls Scouts
announced that this was the 12th anniversary of the "Day of the Girl". She
thanked the Mayor and Council for highlighting the Girl Scouts and reported that
the Girls Scouts Troops are growing in Pasco.
NEW BUSINESS
Election of Mayor Pro Tem
Mayor Barajas read the procedure for the election of Mayor Pro Tem.
Mr. Milne nominated Mr. Brown for Mayor Pro Tem.
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Mr. Brown nominated Ms. Roach for Mayor Pro Tem.
Following three calls, the nominations were closed by Mayor Barajas.
Roll Call Vote:
Councilmember Roach - Brown
Councilmember Serrano - Brown
Councilmember Campos - Brown
Councilmember Brown - Brown
Councilmember Milne - Brown
Mayor Barajas - Brown
Councilmember Brown was elected Mayor Pro Tem effective immediately through
December 31, 2023.
RECESS
Mayor Barajas called for a five-minute recess to rearrange Council seating.
NEW BUSINESS CONTINUED
Candidate Interviews for Council Position No. 6 Servicing City Council
District No. 6
Mayor Barajas explained the process for the interviews.
Mr. Serrano recommended that Council postpone the appointment to Council
Position No. 6 until after the elections for Councilmembers is over so that the new
Councilmembers have a say in the appointment for Council Position No. 6.
Council and Mr. Ferguson discussed the pros and cons of postponing the
appointment of a Councilmember.
MOTION: Councilmember Serrano moved, seconded by Councilmember Milne
to suspend the Council candidate interviews until the Monday after the City
Council elections concluded.
RESULT:DEFEATED. 1-5
AYES:Councilmember Serrano
NAYS:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, and Councilmember
Roach
Page 2 of 4Page 8 of 325
Candidate Interviews for Council Position No. 6
Council conducted the interviews for Council Position No. 6, which included the
following candidates:
1. Melissa Blasdel
2. Jennifer Yaniz
3. Calixto Hernandez
4. Mark Dade
5. Ana Ruiz Kennedy
6. Andrew Enriquez
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:23 PM for 15 minutes to discuss
the qualifications of an applicant/candidate for appointment to elective office per
RCW 42.30.110(1)(h) with the City Attorney.
At 7:42 PM Mayor Barajas announced that the Executive Session would continue
for another 10 minutes.
Mayor Barajas called the meeting back to order at 7:55 PM.
NEW BUSINESS CONTINUED
Appointment of a Councilmember to Position No. 6
MOTION: Councilmember Campos moved, seconded by Councilmember
Serrano to appoint Melissa Blasdel to Council Position No. 6.
RESULT:Motion carried unanimously 6-0
AYES:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
and Councilmember Serrano
Mayor Administers the Oath of Office to New Councilmember
Mayor Barajas administered the Oath of Office to Ms. Blasdel.
RECESS
Mayor Barajas called a five-minute recess at 8:00 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:07 PM.
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PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 4 of 4Page 10 of 325
MINUTES
City Council Regular Meeting
7:00 PM - Monday, October 2, 2023
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 8:07 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Melissa Blasdel, Irving Brown,
Joseph Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Richa Sigdel, Deputy City Manager; Darcy Buckley, Finance
Director; Eric Ferguson, City Attorney; Kevin Crowley, Fire Chief; Eric Ferguson,
Jacob Gonzalez, Community & Economic Development Director; City Attorney;
Jesse & Administrative Interim & Director Technology Information Rice,
Community Services Director; Ken Roske, Police Chief; Steve Worley, Public
Works Director; and Debby Barham, City Clerk
CONSENT AGENDA
Approval of Meeting Minutes for September 18th and September 25th
To approve the minutes of the Pasco City Council Regular Meeting and Regular
Workshop held on September 18, 2023 and September 25, 2023 respectively.
Bills and Communications - Approving Claims in the Total Amount of
$6,438,625.54
To approve claims in the total amount of $6,438,625.54 ($7,742.11 in Check Nos.
54571 - 54581; $1,138,682.68 in Electronic Transfer Nos. 30196760 - 30197420;
$4,946,179.91 in Check Nos. 258775 - 259094; $346,020.84 in Electronic
Transfer Nos. 842487 - 842517, 842540 - 842547, 842601, 842624 - 842647,
842705 - 842743, 842758 - 842811, 842813 - 842840, 842862 -- 842874, 842876
- 842889, 842905 - 842920, 842931 - 842935, 842938 - 842980, 842983 -
843050, 843060, 843062, 843065 - 843066, 843071 - 843080, 843096, 843100 -
Page 1 of 6Page 11 of 325
843107).
Ordinance No. 4685 & Resolution No. 4372 - Amending the Pasco Munciipal
Code Title 29 and approving the 2023 Shoreline Master Program (PLAN
2013-001)
To adopt Ordinance No. 4685, amending the Pasco Municipal Code Title 29
"Shoreline Regulations" related to the updated Shoreline Master Program, and,
further, authorize publication by summary only.
Resolution No. 4374 - Project Acceptance for Animal Shelter Frontage
Improvements (18th And Washington) Project
To approve Resolution No. 4374, accepting work performed by Double J. Inc.,
under (18th Improvements Frontage Shelter & the for contract Animal
Washington) Project.
Resolution No. 4375, Washington State Recreation & Conservation Office
Local Parks Maintenance Grant Application
To approve Resolution No. 4375, submission of a grant application to the
Washington maintenance State Recreation & Conservation Office for park
funding.
MOTION: Councilmember Campos moved, seconded by Councilmember
Serrano to approve the Consent Agenda as read.
RESULT:Motion carried unanimously 7-0
AYES:Mayor Barajas, Councilmember Blasdel, Mayor Pro Tem
Brown, Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Proclaiming October 2023 as National Disability Employment Awareness
Month
Disability "National for proclamation Employment read Barajas Mayor the
Awareness Month" scheduled for October 2023 and presented the proclamation
to Anthony Contreras-Sanchez, Training and TA Manager with the Washington
Initiative for Supported Employment (WISE).
Mr. Contreras-Sanchez thanked Council for the proclamation and provided some
additional information regarding how individuals with disabilities are given
assistance with various service providers within the Tri-Cities area.
PUBLIC COMMENTS
Peter Harpster, Pasco resident, congratulated Mayor Pro Tem Brown, new appointed
Page 2 of 6Page 12 of 325
Councilmember Blasdel and Councilmember Milne for Milne Tools 30 year
anniversary. He also commented on a recent COPA evening event.
Kim Lehrman, Pasco resident, congratulated newly appointed Councilmember
Disability the celebrating for National expressed She Blasdel. appreciation
Employment Awareness Month as an example of inclusiveness. She commented on a
traffic safety issue at Road 68 traffic and Court Street.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Milne commented on the Colima and Pasco Association (COPA) event held
Saturday evening.
Ms. Roach commented on the Women in Business Conference held recently.
Mayor Barajas commented on the COPA event, which included the celebration of
Hispanic Heritage Month. She also attended the annual Women's Expo and a
Grace Clinic Gala held over the past weekend.
General Fund Monthly Report - August 2023
Ms. Buckley provided a brief report for the General Fund as of August 2023.
Mr. Serrano asked if there were any concerns regarding the budget trend.
Ms. Buckley stated there are no concerns identified at this time.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4686 & Resolution No. 4373 – Budget Amendment & GSI
Water Solutions, Inc. Agreement for the Pasco Aquifer Storage and
Recovery Feasibility Study Phase 2 Project
Mr. Worley provided a brief report for the proposed budget amendment and PSA.
MOTION: Councilmember Campos moved, seconded by Councilmember
Biennial 2023-2024 the amending 4686, No. adopt to Roach Ordinance
Operating Budget (Ordinance No. 4619) of the City of Pasco, Washington, by
providing a supplement thereto: to provide additional appropriation in the City’s
Water Utility Fund for the Aquifer Storage and Recovery Feasibility Study –
Phase 2 project and, further, authorize publication by summary only.
RESULT:Motion carried unanimously 7-0
AYES:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
Councilmember Serrano, and Councilmember Blasdel
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MOTION: Councilmember Campos moved, seconded by Councilmember Milne
to approve Resolution No. 4373, authorizing the execution of the agreement
with GSI Water Solutions, Inc. for the Aquifer Storage and Recovery Feasibility
Phase 2 project.
RESULT:Motion carried unanimously 7-0
AYES:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
Councilmember Serrano, and Councilmember Blasdel
Resolution No. 4376 - Approval of Department of Ecology State Revolving
Fund (SRF) Pre-Construction Funding Application for Rivershore Sewer
Interceptor Upsizing Phase 1 Project
Deputy Public Works Director Serra provided a brief report for approval of the
application for funding loan from the Department of Ecology's Revolving Fund.
Mr. Campos asked a few clarifying questions regarding the proposed loan and
work.
Ms. Serra further explained the purpose of the loan and the distribution of work.
MOTION: Councilmember Campos moved, seconded by Councilmember
Serrano to approve Resolution No. 4376, authorizing the submittal of the
Department of Ecology Clean Water State Revolving Fund Loan Application for
the Rivershore Sewer Interceptor Upsizing, Phase 1 project for an amount of
up to $1,300,000.00.
RESULT:Motion carried unanimously 7-0
AYES:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
Councilmember Serrano, and Councilmember Blasdel
Resolution No. 4377 - Interlocal Agreement with Port of Pasco for Promotion
of Economic Development
Ms. Sigdel provided a brief report related to the proposed interlocal agreement for
the promotion of economic development with the Port of Pasco.
Mr. Campos asked why this partnership had not been in place before.
Ms. Sigdel responded that the City and the Port have collaborated on economic
development for years.
Mr. McFadden, Port of Pasco Economic Development Director, provided a brief
history of the Port and City collaborations.
MOTION: Councilmember Campos moved, seconded by Councilmember
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Roach to approve Resolution No. 4377, authorizing the City Manager to sign
and execute an Interlocal Agreement between the City of Pasco and Port of
Pasco for Promotion of Economic Development in Pasco.
RESULT:Motion carried unanimously 7-0
AYES:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
Councilmember Serrano, and Councilmember Blasdel
Resolution No. 4378 - Setting a Public Hearing Date to consider a Right-of-
Way Vacation at Road 76 & Chapel Hill Boulevard (VAC 2023-002)
City Engineer Padvorac provided a brief report related to the proposed right-of-
way vacation.
Mr. Campos asked about the timeline of the Road 77 overpass.
Mr. Worley provided a tentative schedule of the next steps in the process.
MOTION: Councilmember Campos moved, seconded by Councilmember
Roach to approve Resolution No. 4378, as amended, setting 7:00 p.m.,
Monday, November 6, 2023, as the time and date for a public hearing to
consider the Right-of-Way Vacation at Road 76 and Chapel Hill Boulevard, in
Pasco, Washington.
RESULT:Motion carried unanimously 7-0
AYES:Mayor Barajas, Mayor Pro Tem Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
Councilmember Serrano, and Councilmember Blasdel
MISCELLANEOUS DISCUSSION
Ms. Roach stated that she and and her family were ran off the road on Sunday
afternoon on the freeway and described her call with 9-1-1 dispatch. 9-1-1 staff
recommended that they hang up and 9-1-1 staff would call her back on a non-
emergency number allowing Ms. Roach to access other apps on her phone. Ms.
Roach never received a call back from 9-1-1 dispatch.
Police Chief Roske said that he would look into the matter and contact 9-1-1 dispatch.
Mr. Campos commented Ms. Roach's story. He also welcomed Ms. Blasdel to
Council.
Mayor Barajas welcomed Ms. Blasdel to Council.
Ms. Sigdel announced a night audit walk for the Downtown area was scheduled for
October 9th to assess the needs for the Downtown including night lighting plan.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 8:54 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Tuesday, October 10, 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, Melissa Blasdel, Irving Brown,
Joseph Campos, David Milne, and Pete Serrano
Councilmembers absent: Zahra Roach
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley,
Fire Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development
Director; City Attorney; Jesse Rice, Information Technology Director & Interim
Administrative & Community Services Director; Brent Cook, Deputy Police Chief;
Steve Worley, Public Works Director; and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne reported on the recent the Parks and Recreation Advisory Board joint
meeting with the Cities of Pasco and Kennewick held at the Barker Ranch he
attended.
Mr. Campos reported on the Ben Franklin Transit Executive Committee meeting.
Mayor Barajas reported on the recent Hanford Area Tour, Coffee with a Cop, Key
Note Speaker with Charter College, celebration for the 50th Anniversary of Mid-
Columbia Libraries, and Downtown night audit walk.
Mr. Brown reported on the Pasco Chamber of Commerce Meeting held on October
9th.
Page 1 of 4Page 17 of 325
ITEMS FOR DISCUSSION
Presentation - Downtown Pasco Master Plan Implementation Efforts
Mr. Gonzalez introduced Jeff Arango and Lesley Bain from Framework Consulting
who provided a report on the implementation efforts for the downtown area.
Council, staff and the consultants discussed the following items:
Outreach efforts and notices for public comment
Presentation materials in English and Spanish
Pasco Municipal Code (PMC) requirements, current barrier, for placing
food trucks in the Downtown area
Timing to update the PMC - hopefully by early spring 2024
Need for current inventory of parking in the downtown area.
Questioned possible safety concerns for the mobile venders
Deputy Police Chief Cook indicated that there have not been any safety
issues of that sort to date
Consider what the City of Walla Walla has accomplished in their downtown
space to include in Pasco's downtown space
Learn from other communities such as Salem, Mass versus San Francisco,
CA
Need for lighting
Resolution - Northwest Baseball Ventures I, LLC (Tri-City Dust Devils) Lease
Renewal at GESA Stadium
Mr. Rice provided a brief update to the proposed lease renewal with Northwest
Baseball Ventures I, LLC at GESA Stadium.
Mr. Serrano expressed support for this lease and commented MLB improvements
requirements.
Mr. Campos expressed support for this lease noting that Boise, ID did not support
their baseball league and they lost the franchise.
Resolution - Change Order No. 4 for the East UGA Expansion Sewer LID
(LID) No. 152 Phase 2 Project.
Mr. Worley provided a brief report on the requested Change Order No. 4 for the
East Urban Growth Area (UGA) Expansion Sewer Local Improvement District
(LID) No. 152.
Mr. Serrano asked for clarification of the change order.
Mr. Worley clarified the proposed change order.
Ordinance - Amending PMC Sections 3.35.160 and 13.45.060 to Amend
Water Rights Acquisition Fee
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Mr. Worley provided a brief report related to the proposed Pasco Municipal Code
(PMC) updates for Water fees.
Mr. Campos expressed appreciation to Mr. Lincoln and staff for bringing this issue
forward.
Mayor Pro Tem Brown also expressed appreciation to City staff and asked for
additional information on this topic.
Mr. Serrano struggled with the 50 percent markup rate. He recommended using a
125 percent of market rate at the current value. This will assist with the fluctuation
of the water rights market. He expressed appreciation for staff brining this forward
and noted that the City has been blessed to have a good relationship with the
Washington State Department of Ecology and holding a volume of Water Rights.
Mr. Milne agreed with staff's recommendations and would like to move forward on
the PMC updates.
Mayor Barajas supported the PMC updates.
Ordinance - Amendment to Pasco Municipal Code Section 10.35.010 to
Include Burns Road Speed Limit Change
Mr. Worley provided a brief report on a recent speed study along Burns Road.
The recommendation is to reduce the speed limit in that area from 50 MPH to 35
MPH.
Mr. Serrano wants to ensure that adequate notice is provided to the community.
Council and staff continued the discussion of the speed limit change and the
surrounding area's development.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Rice announced the City of Pasco's Fall Festival scheduled for Thursday, October
12th at Fairchild Cinema and Saturday, October 14th in Volunteer Park. Lastly, he
noted that the Pasco Farmers Market will be open for three more weeks.
Mr. Gonzalez provided a brief report on building statistics. He also summarized the
Downtown Walking Audit held Monday evening.
Mr. Worley announced that Public Works Deputy Director Serra was a presenter at
recent American Public Works Association (APWA) conference. He also announced
that he will be presenting on the City's efforts for the Process Water Reuse Facility
(PWRF) and the new water treatment process at the upcoming NW Bio Energy
Summit scheduled to start on October 11th.
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Mr. Lincoln expressed appreciation to Council for their comments.
Mr. Campos expressed appreciation to Mr. Gonzalez and the Community & Economic
Development Department staff for the work they are doing, specifically referencing the
night audit walk in the Downtown area. He suggested that another audit should occur
in Council District No. 4.
Mr. Brown encouraged staff and Council continue to share all the good things that are
happening in Pasco.
Mayor Barajas thanked staff on continued improvements in City processes.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:32 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 4 of 4Page 20 of 325
AGENDA REPORT
FOR:City Council October 12, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Darcy Buckley, Finance Director
Finance
SUBJECT:Bills and Communications - Approving Claims in the Total Amount of
$4,322,786.16
I.REFERENCE(S):
Accounts Payable 10.11.2023
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,322,786.16 ($4,747.77 in Check
Nos.54582 - 54590; $1,165,187.27 in Electronic Transfer Nos.30197421 -
30197456; $3,075,140.22 in Check Nos. 259095 - 259384; $77,710.90 in
Electronic Transfer Nos. 843194, 843199, 843206-843207).
III.FISCAL IMPACT:
IV.HISTORY AND FACTS BRIEF:
V.DISCUSSION:
Page 21 of 325
REPORTING PERIOD:
October 16, 2023
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 259095 - 259384 54582 - 54590
Total Check Amount $3,075,140.22 $4,747.77 Total Checks 3,079,887.99$
Electronic Transfer Numbers 843194 30197421 - 30197456
843199
843206 - 843207
Total EFT Amount $77,710.90 $1,165,187.27 $0.00 $0.00 Total EFTs 1,242,898.17$
Grand Total 4,322,786.16$
Councilmember
100 915,509.32
110 70,631.58
142 310.00
145 372.17
150 41,531.24
160 152.38
165 3,137.27
168 51,411.30
170 82.68
180 1,037.51
190 15,207.50
191 13,541.67
194 13,263.22
196 HOTEL/MOTEL EXCISE TAX 21,585.20
367 79,652.23
410 1,637,773.15
510 166,647.38
511 10,584.59
520 68,663.10
630 1,942.18
690 1,209,750.49
GRAND TOTAL ALL FUNDS:4,322,786.16$
September 28 to October 11, 2023
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
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, 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
Sixteenth day of October, 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
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
TRAC DEVELOPMENT & OPERATING
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
REVOLVING ABATEMENT
ECONOMIC DEVELOPMENT
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
MEDICAL/DENTAL/VISION INSURANCE
FLEX
PAYROLL CLEARING
Page 22 of 325
AGENDA REPORT
FOR:City Council October 12, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Jesse Rice, Interim Director
Administrative & Community Services
SUBJECT:Resolution No. 4379 - Northwest Baseball Ventures I, LLC (Tri-City Dust
Devils) Lease Renewal at GESA Stadium
I.REFERENCE(S):
Resolution
Draft Lease
PowerPoint Presentation
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4379, No. approve to move I Resolution
Manager to Execute a 10-year lease between Northwest Baseball Ventures I,
LLC and the City of Pasco for GESA Stadium.
III.FISCAL IMPACT:
Revenue: First year $35,734.34, with annual increase during lease term
IV.HISTORY AND FACTS BRIEF:
Beginning in 2008, the current agreement between the City of Pasco and NW
Baseball Ventures I, LLC (ownership entity for the Tri-City Dust Devils Baseball
Team) was established and outlines lease perimeters for GESA Stadium. This
agreement was subsequently amended and extended to December 31, 2022.
Both parties have identified a need to modernize the complete lease agreement;
however, both the COVID-19 Pandemic, along with a change in both league and
affiliation has delayed the time each party will need to discuss a new agreement.
At the May 16, 2022 meeting, Council approved Resolution No. 4184 extending
the lease through a fourth (4th) amendment to the lease through December
2023. It is agreed, based on the Force Majeure option outlined in Section 17.16
of the lease, to extend the lease, through a fourth (4th) amendment, for an
additional year, ending on December 31, 2023.
Page 23 of 325
Council discussed this item at the August 28, 2023 Workshop meeting and asked
staff for additional details related to the annual lease payment and if the amount
was sufficient to cover related City support and operating costs.
Per request of the Council, staff researched three areas of financial impact
related to the lease and overall Tri-City Dust Devil Baseball Team Franchise in
Pasco.
First was a comparison of the annual staff effort and related costs including
management, maintenance, and repair of the facility, rent reduction based on
improvements (weight room) made to the facility directly by the team, and the
proposed annual lease payment. Based on discussions with staff and a review of
services provided over the last five years, the related costs to support the
stadium have not exceeded the proposed annual lease payment including any
rent reduction for approved improvements.
Second, staff reviewed economic impact data provided by an independent
consultant regarding regional fiscal impact from the Tri-City Dust Devil Baseball
Team, which included these areas:
1. Impact from Game Spectators – $5.3M in direct community spending, 80
FTEs, and a fiscal impact of $480,000. An increase to the 66 home game
season is included in this estimation.
2. Impact from Team Operations – $1.7M in direct community spending, 26
FTEs, and a fiscal impact of $578,000. Team operations metrics were not
adjusted to reflect the impact of the increase in the number of home
games.
3. Impact from Visiting Players - $355K in direct community spending, 5
FTEs, and a fiscal impact of $42,000.
4. Impacts from Indirect and/or Induced Spending - as a byproduct of Dust
Devil activity with a fiscal impact of $5.1M.
The total estimated impact of direct and indirect/induced spending is $12.4M.
Considering the related sales tax benefit to our state, county, and city, the tax
revenues are estimated at $796K. Job creation impact is estimated at 111 FTEs.
Last, was related to the expenditures on current and future stadium
improvements, which Major League Baseball requires completion by 2025 to
maintain the Tri-City Dust Devil Baseball Team Franchise in Pasco. The City is
currently investing $1.9M to add player enhancement features including locker
rooms, cafeteria, manager and umpire office space to be completed by Spring
2024. The City also received a no-match Public Facility Improvement Fund
Grant from Washington State for $3.0M for additional improvements required by
Major League Baseball. These improvements include:
Female locker room
Page 24 of 325
24/7 video surveillance
Hitting tunnels (batting cage) expanded and covered
Outfield sod replacement
New padded outfield wall
Dugout bench expanded
Outfield batters eye expanded
Foul poles increased height
Field lighting upgrades
Based on these areas staff have determined that annual lease payment covers
current related costs, investments in stadium improvements have been matched
and exceeded by a State grant, and the Tri-City Dust Devil Baseball Team
Franchise provides both a unique opportunity to the Tri-Cities community and a
major fiscal impact to Pasco and the region.
Staff seeks additional Council comments regarding the proposed draft lease
agreement and approval to enter into the lease agreement via the attached draft
Resolution.
Previous Discussion
City Northwest from representatives with its completed staff negotiations
Baseball Ventures I, LLC, and the draft lease agreement is attached for Council
review. The draft lease agreement includes updated language to meet the
alignment with Major League Baseball's requirement for Professional Development
League licensing of Northwest Baseball Ventures I LLC's, Tri-Cities Dust Devils.
The lease agreement includes an initial term of 10 years, with one 10-year
renewal the Rent annual following includes option. lease initial The term
payments due to the City.
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
1/1/29 to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32 $39,082.13
1/1/33 to 12/31/33 $39,472.95
The lease terms also include Additional Rent be paid to the City for each Lease
Page 25 of 325
Year (beginning with the Lease Year commencing January 1, 2024) of five
percent (5%) of all base ticket revenues associated with the use and operation of
the Premises by Tenant, in excess of $900,000.
V.DISCUSSION:
Staff presented this to Council at the October 10, 2023 Workshop.
Upon Council approval, staff seeks permission to enter into the lease
agreement via the attached Resolution.
Page 26 of 325
Resolution – 2024 GESA Stadium Lease - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A 10-YEAR LEASE
BETWEEN NORTHWEST BASEBALL VENTURES I, LLC AND THE CITY
OF PASCO FOR GESA STADIUM.
WHEREAS, the City of Pasco (City) entered into a Lease with Northwest Baseball
Ventures I, LLC, at GESA Stadium, the “Premises,” dated January 1, 2008, and terminating the
term of the Lease to December 31, 2017; and
WHEREAS, a first amendment was executed to the Premises Lease on June 2, 2008,
amending certain terms of the Lease Agreement; and
WHEREAS, a second amendment to the Premises Lease was executed on January 22,
2015, amending the annual rent fees; and
WHEREAS, a third amendment to the Premises Lease was executed on December 22,
2016, extending the Lease term for another five years to expire on December 31, 2022; and
WHEREAS, a fourth amendment was approved by Resolution No. 4184 to extend the
Lease through December 31, 2023; and
WHEREAS, the City and the Northwest Baseball Ventures I, LLC staff have completed
negotiations on a new 10-year Lease, with one 10-year Lease extension option.
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into a lease with
Northwest Baseball Ventures I, LLC for GESA Stadium.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions of
the new GESA Stadium Lease between Northwest Baseball Ventures I, LLC and the City of Pasco;
a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Lease on behalf of the City of Pasco; and to
make minor substantive changes necessary to execute the Lease.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 27 of 325
Resolution – 2024 GESA Stadium Lease - 2
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law, on this ___ day of _____________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 28 of 325
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BASEBALL STADIUM LEASE
THIS BASEBALL STADIUM LEASE ("Lease") is made and entered into this _____ of
____________, 2023, by and between the CITY OF PASCO, a Washington municipal corporation
("City''), and NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability
company (the "Tenant").
RECITALS:
City owns certain real property in Franklin County, Washington, legally described in Exhibit A
attached hereto (the "Property"), upon which City has constructed a baseball stadium and related
improvements (the "Baseball Stadium"). Tenant desires to lease from City, and City agrees to
lease to Tenant, the Property and Baseball Stadium (collectively the "Premises") on the terms and
conditions set forth herein. This Lease is intended to supersede and replace in its entirety that
certain Baseball Stadium Lease entered into by City and Tenant dated January 14, 2008 (the "2008
Lease") and subsequent amendments thereto. By executing this Lease, City and Tenant agree that
the 2008 Lease shall be terminated effective _____________.
NOW, THEREFORE, City and Tenant hereby agree:
I. BALLPARK LEASE AND CONSTRUCTION GUIDELINES
City leases to Tenant and Tenant leases from City, in accordance with the terms hereof, the
Premises (including the Baseball Stadium located thereon).
A. Tenant acknowledges that the City is a public entity and is subject to the Public
Records Act, RCW 42.56, and further, that the terms of this agreement are
subordinate to those provisions and confidential information given to the City is
potentially subject to disclosure upon request. The City will make its best efforts
to avoid unnecessary disclosure but will fully comply with the provisions of RCW
42.56 or other laws as applicable, and further, will attempt to provide enough
advance notice to MLB PDL and Tenant of a request for public records related to
this Lease so as to allow an opportunity for MLB PDL and the Tenant to seek a
protective order. The City will not be liable for any damages to MLB PDL and
the Tenant as a result of the City’s reasonable efforts to comply with RCW 42.56
or other applicable laws.
B. Any contrary provisions contained herein notwithstanding:
a. This Lease and any rights granted to City or Tenant
hereunder shall in all respects be subordinate to the PDL
Rules and Regulations, as long as Tenant is party to the Tri
City Dust Devils PDL License Agreement that is in effect.
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The issuance, entering into, amendment or implementation
of any of the PDL Rules and Regulations shall be at no cost
or liability to any MLB PDL Entity or to any individual or
entity related thereto, or to City. The territory within which
City is granted rights under this Lease is limited to, and
nothing herein shall be construed as conferring on City rights
in areas outside of, the PDL Club Marketing Territory (as
defined in the Tri City Dust Devils PDL License
Agreement). No rights, exclusivities or obligations
involving the Internet or any interactive or on-line media (as
defined in the applicable PDL Rules and Regulations) are
conferred by this Lease, except as are specifically approved
in writing by MLB PDL.
b. City agrees that if the date upon which any termination or
suspension of this Lease falls during the regular season or
postseason, the effective date of such termination or
suspension shall be the first day of the month following the
final home game of such season, and, in no event, shall City
terminate or suspend Tenant’s rights under this Lease during
any regular season or postseason.
c. If, at any time prior to the expiration of the term of this
Lease, this Lease is terminated by City for any reason (and
any legal action challenging the right of City to terminate
this Lease and seeking specific performance has either been
(i) finally adjudicated by a court of competent jurisdiction as
evidenced by a final non- appealable order or (ii) settled,
withdrawn or otherwise concluded, in either case solely with
respect to the request for specific performance) and the Tri
City Dust Devils PDL License Agreement has been
terminated, City agrees to offer to assign this Lease to any
replacement PDL Club identified by MLB PDL to the extent
that such PDL Club is reasonably acceptable to City. To the
extent that this Lease is not so assigned, City agrees to meet
promptly with MLB PDL to work together to ascertain
whether a replacement PDL Club can be identified, and if
such a PDL Club is so identified, City shall offer to lease the
Premises to such PDL Club.
d. As long as Tenant is party to the Tri City Dust Devils PDL
License Agreement that is in effect, MLB PDL is an
intended third party beneficiary of the provisions of this
Section I and each other provision in this Lease that prohibits
action without first obtaining PDL Approval and, in addition
to its right to waive or enforce the provisions of this Section
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-3-
I, MLB PDL shall be entitled and have the right to waive or
enforce such other provisions that prohibit action without
first obtaining PDL Approval directly against any party
hereto (or their successors and permitted assigns) to the
extent that any such other provision is for the explicit benefit
of MLB PDL or any other MLB PDL Entity.
e. Neither MLB PDL nor any other MLB PDL Entity shall
have any liability whatsoever to any Person for actions
taken pursuant to this Section I (other than for fraudulent
acts or willful misconduct with respect to this Section I by
MLB PDL), and City hereby releases MLB PDL and each
other MLB PDL Entity from any and all claims arising out
of or in connection with any such actions. Nothing
contained in this Lease shall create any duty on behalf of
MLB PDL or any other MLB PDL Entity to any other
Person.
II. DEFINED TERMS.
“Club” means the professional baseball club currently known as the Tri City Dust Devils.
“Commissioner” means the Commissioner of Baseball as elected under the Major League
Constitution or, in the absence of a Commissioner, any Person or body succeeding to the powers
and duties of the Commissioner pursuant to the Major League Constitution.
“Major League Baseball” or “MLB” means, depending on the context, any or all of (a) the Office
of the Commissioner of Baseball, each other MLB PDL Entity and/or all boards and committees
thereof and/or (b) the Major League Clubs acting collectively.
“Major League Baseball Club” or “Major League Club” means any professional baseball club that
is entitled to the benefits, and bound by the terms, of the Major League Constitution.
“Major League Constitution” means the Major League Constitution adopted by the Major League
Clubs as the same may be amended, supplemented or otherwise modified from time to time in the
manner provided therein and all replacement or successor agreements that may in the future be
entered into by the Major League Clubs.
“MLB PDL” means, depending on the context, any or all of (i) MLB Professional Development
Leagues, LLC, a Delaware limited liability company, and/or (ii) the boards, committees and
subcommittees related thereto.
“MLB PDL Entity” means each of MLB PDL, the Office of the Commissioner of Baseball, MLB
Advanced Media, L.P. and/or any of their respective present or future affiliates, assigns or
successors.
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-4-
“PDL Approval” means, any approval, consent or no-objection letter required to be obtained from
MLB PDL or any other MLB PDL Entity pursuant to the PDL Rules and Regulations.
“PDL Club” means a professional baseball club participating in the Professional Development
League System pursuant to a player development license agreement between the owner of such
club and MLB PDL pursuant to which such owner has been granted the right to participate in the
Professional Development League System.
"PDL Facility Standards” means the facility standards required by MLB PDL with respect to the
condition, design, maintenance, operation and upkeep of the Baseball Stadium’s physical facilities
(including the playing field) as set forth in the PDL Rules and Regulations and as may be amended or
modified from time to time.
“PDL Governance Agreement” means that certain Professional Development Leagues
Governance Agreement, effective as of February 12, 2021 by and between MLB PDL and each
Club, as may be amended, modified, supplemented or restated from time to time.
“PDL Governing Documents” means the following documents as in effect from time to time and
any amendments, supplements or other modifications thereto and all replacement or successor
documents thereto that may in the future be entered into: (i) the Major League Constitution, (ii)
the Major League Rules (and all attachments thereto), (iii) the PDL Operating Guidelines, (iv) the
PDL Governance Agreement and (v) the PDL License Agreements.
“PDL License Agreement” means each player development license agreement entered into
between a PDL Club and MLB PDL pursuant to which such PDL Club has been granted the right
to participate in the Professional Development League System, including, without limitation, the
Tri City Dust Devils PDL License Agreement.
“PDL Rules and Regulations” means (i) the PDL Governing Documents, (ii) any present or future
agreements or arrangements entered into by, or on behalf of, MLB PDL or any other MLB PDL
Entity or the Major League Clubs acting collectively that are specifically related to or generally
applicable to the Professional Development League System or the PDL Clubs, including, without
limitation, agreements or arrangements entered into pursuant to the PDL Governing Documents,
and (iii) the present and future mandates, rules, regulations, policies, practices, bulletins, by-laws,
directives or guidelines issued or adopted by, or on behalf of, the Commissioner, MLB PDL or
any other MLB PDL Entity as in effect from time to time that are specifically related to or generally
applicable to the Professional Development League System or one or more of the PDL Clubs.
“Professional Development League System” means a system of professional baseball leagues
comprised of professional baseball clubs that compete at different levels and serve to assist with
the development of players for Major League Baseball Clubs.
“Tri City Dust Devils PDL License Agreement” means that certain player development license
agreement entered into between Tri-City Dust Devils and MLB PDL pursuant to which the Club
has been granted the right to participate in the Professional Development League System.
III. USES
Page 32 of 325
-5-
A Uses.
1. Use. Subject to Section III.A.3, Tenant shall have the exclusive and
unrestricted right to use and operate the Premises for any baseball or non-
baseball events that Tenant sponsors or that Tenant allows third parties to
sponsor. Tenant shall operate the Premises in a sound and professional
manner. The Premises shall be a public facility, and the seating, parking,
concession stands, restroom facilities, and other specified areas thereof shall
be open to the public, subject to reasonable admission fees and other
reasonable restrictions. Notwithstanding the foregoing, Tenant may not use
the Premises, or permit any other person or entity to use the Premises, for
any improper, immoral or unlawful purpose, for a use or purpose
inconsistent with applicable zoning or the primary use of the Premises for
professional baseball purposes, or for any use that would constitute a public
or private nuisance or would make void or voidable any insurance then in
force with respect to the Premises. Tenant also may not use the Premises,
or permit any other person to use the Premises, for flea markets, bazaars, or
similar events for the sale of used or second-hand items.
2. Baseball Equipment. This Lease includes the right of Tenant to use at the
Premises the baseball equipment identified in Exhibit B attached hereto (the
“Equipment"). City makes no warranty or representation concerning the
condition of such Equipment. Tenant agrees to maintain such Equipment in
good working condition (reasonable wear and tear excepted) and to replace
items of Equipment as reasonably necessary. Upon the expiration of the
Term (as defined below) of this Lease all items of Equipment, including
replacements thereof, shall belong to City, provided that with respect to
replacements that are less than two (2) years old as of the date of expiration
of the Lease, such replacements shall become the property of the City only
if the City reimburses Tenant for the unamortized cost incurred by Tenant
to purchase such replacements, based upon an amortization period of the
lesser of sixty (60) months or the useful life of such replacements.
3. Other Uses. Subject to the scheduling provisions set forth in this Lease and
the PDL Rules and Regulations, City shall have the right to use the Premises
for up to five (5) community events sponsored by City (each a "Community
Event") per calendar year during the Term, including a 4th of July fireworks
display. Each day of a multi-day Community Event shall count as one
Community Event. Tenant shall, subject to the PDL Rules and Regulations,
allow community baseball events and baseball events sponsored by local
colleges and universities to take place in the Baseball Stadium at the lowest
reasonable rental rate possible, and subject to the availability of the
Baseball Stadium. Such baseball events shall not be deemed Community
Events. Non-baseball events sponsored by Tenant or by third parties and
Community Events shall, collectively, be "Other Events." Tenant shall
Page 33 of 325
-6-
operate the Baseball Stadium during Community Events and City shall
reimburse Tenant for Tenant's reasonable actual out-of-pocket cost of
operating the Baseball Stadium during such events, including utility costs.
B. Exclusive Rights. Tenant shall have the exclusive right during the Term to do the
following:
1. To use the Premises (including the locker rooms) for professional baseball
purposes and to conduct Other Events permitted by this Lease;
2. To allow third party sponsors to use the Premises to conduct Other Events
permitted by this Lease;
3. To use the baseball team office located within the Premises.
4. To use the storage facilities dedicated to the baseball team and its equipment;
5. To solicit advertisement to be located on the interior walls of the Baseball
Stadium, including without limitation, those to be located on the scoreboard,
and to solicit advertisements to be located on that portion of the exterior walls
of the Baseball Stadium, other than above the concourse area, without City’s
prior consent. Advertisements that occur inside or on the exterior walls of
the Stadium may not include or connote adult content, firearms or tobacco.
City may place signage within the Baseball Stadium announcing upcoming
City functions and events with Tenant’s prior consent, which consent shall
not be unreasonably withheld.
6. To direct all aspects of the operation, management and control of the
Premises, except as expressly set forth in this Lease;
7. To sell food, drink and souvenir concessions (collectively "Concessions")
to patrons of the Premises during baseball games or Other Events, subject
to the provisions contained in Section IX below, and to retain all revenues
therefrom; and
8. To use the press box area during baseball games, and during all Other
Events sponsored by Tenant or third parties taking place within the Baseball
Stadium. Public address equipment provided by Tenant shall be available
for the use by City for Community Events, provided such public address
equipment is operated by an employee or designee of Tenant or an
employee or designee of City trained to use such equipment and approved
by Tenant (such approval not to be unreasonably withheld). If the public
address equipment is operated by an employee or designee of Tenant for a
Community Event, City shall reimburse Tenant for the reasonable actual
costs to make such employee or designee available to operate such
equipment.
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C. Scheduling. On or before September 1st of each calendar year, beginning
September 1, 2023 City shall deliver to Tenant a schedule of the soccer tournaments
to be held during the next calendar year in the playing fields adjacent to the Baseball
Stadium. To the extent that the Northwest League schedule for the next calendar
year has not already been set, Tenant shall request that MLB PDL not schedule
Tenant home games on a date that a soccer tournament will be held in the playing
fields adjacent to the Baseball Stadium. If a Minor League Baseball game is
scheduled on the date of a soccer tournament, Tenant will request that such baseball
game be a night game. City shall submit a request to Tenant to use the Baseball
Stadium for a Community Event at least thirty (30) days before the proposed date
of the Community Event, Tenant shall make reasonable efforts to accommodate
City's scheduling requests for Community Events. Tenant shall also make
reasonable efforts to accommodate other soccer tournaments in the playing fields
adjacent to the Baseball Stadium (in addition to those designated under the first
sentence of this Section) if requested by City.
In addition to the foregoing, Tenant shall request that MLB PDL not schedule a
Minor League Baseball game at the Baseball Stadium on the 4th of July. To the
extent that no Minor League Baseball game is scheduled at the Baseball Stadium
on the 4th of July, the Baseball Stadium shall be reserved for the City's 4th of July
fireworks display and no Other Event shall be scheduled by Tenant on such date.
To the extent that a Minor League Baseball game is scheduled at the Baseball
Stadium on the 4th of July, Tenant shall request that such baseball game be a day
game.
IV. TERM.
A. Term. The term of this Lease shall commence on ___________ (the "Effective
Date"), and shall expire on December 31, 2033, unless extended pursuant to
Section IV.B below (the "Initial Term").
B. Extension Option. Tenant shall have one (1) option to extend the Initial Term for
ten (10) years, subject to the terms provided herein (the "Extension Term"). The
Extension Term together with the Initial Term are referred collectively as the
"Term".
1. If, at the time of exercise, Tenant has performed all Tenant's covenants and
is not in default under any of the terms of the Lease beyond any applicable
cure period, then Tenant, on giving written notice to City not earlier than
twenty-four (24) months, and not later than eighteen (18) months prior to
the last day of the Initial Term of the Lease, shall have the right to extend
the Initial Term of the Lease for an additional term of ten (10) years upon
the same terms and conditions as contained in the Lease, except for the Rent.
The Extension Term shall commence on the day immediately succeeding
the last day of the Initial Term of the Lease and shall end at midnight on the
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day immediately preceding the tenth anniversary of the first day of the
extended term unless sooner terminated in accordance with the provisions
of the Lease. The Rent during the Extension Term shall be mutually agreed
upon between City and Tenant no later than twelve (12) months prior to the
last day of the Initial Term of the Lease. If City and Tenant have not
mutually agreed on the Rent at least twelve (12) months prior to the last day
of the Initial Term, then the exercise of the extension option shall be deemed
to be ineffective, and this Lease shall automatically terminate on the last
day of the Initial Term.
V. RENT, ADDITIONAL PAYMENTS.
A. Rent. Tenant agrees to pay annual rent in the following amounts ("Rent"):
Period Annual Rent Annual Rent
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
l/1/29 to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32
1/1/33 to 12/31/33
$39,082.13
$39,472.95
Rent shall be paid to City at 525 North 3rd Avenue, Pasco, Washington 99301,
Attention: City Treasurer ("City's Address"). Tenant shall pay Rent in a lump sum
annually on or before June 15 of each calendar year during the Term. Tenant shall
pay a late service charge on all past due rent at the rate of five percent (5%) per
month, but in no event higher than the legal limit. The Rent specified in this Section
V.A includes the leasehold excise tax which is payable in accordance with Chapter
82.29A RCW (the Leasehold Tax"). Tenant shall pay the Rent to City, and City
will forward to the State of Washington as required by law that portion of the Rent
which is allocable to the Leasehold Tax.
If City raises the admission tax on tickets to view events in the Baseball Stadium
above two and one-half percent (2.5%), the Rent set forth above shall be reduced
on a dollar-for-dollar basis for each year the dollar amount of admission taxes
collected by Tenant for such year in excess of 2.5% of the price of each ticket sold.
In the event Tenant has already paid Rent, City shall refund to Tenant a portion of
the Rent overpaid as a result of the application of this provision.
B. Additional Rent.
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1. Tenant shall pay City as additional rent ("Additional Rent") for each Lease
Year (beginning with the Lease Year commencing January 1, 2024) five
percent (5%) of all base ticket revenues associated with the use and
operation of the Premises by Tenant, in excess of $900,000. "Base ticket
revenues" shall mean the base ticket revenues for all paid tickets to attend
and/or view events sponsored by Tenant. Base ticket revenues shall be the
actual revenues generated by all ticket sales, exclusive of (i) revenues to pay
admission taxes; (ii) trade and complementary tickets; and (iii) the Annual
Fee, as defined in the Tri City Dust Devils PDL License Agreement. The
sum of (i), (ii), and (iii) under this Section IV(B)(1) shall not exceed 10%
of base ticket revenues hereunder. If Tenant packages tickets with other
goods and/or services (e.g., hot dogs, soft drinks, etc.), base ticket revenues
shall be calculated only on that portion of revenues reasonably allocated to
the tickets to view the event, which will in no case be less than fifty percent
(50%) of the face value of the ticket. If Tenant sells tickets at a discount
from their face value, base ticket revenues shall be calculated from the
discounted price of such tickets. Ticket revenues based on season or
advanced ticket sales shall be deemed "collected" by Tenant for purposes
of determining Additional Rent on the respective dates that events covered
by such tickets actually occur. No Additional Rent shall be payable for
Community Events or "free" events if Tenant is merely reimbursed its
reasonable costs to make the Premises available for such event. For
purposes of calculating Additional Rent, a Lease Year shall be the 12-month
period from January 1 to the next December 31.
2. With respect to Other Events at the Premises sponsored by a third party,
Tenant shall pay City as Additional Rent ten percent (10%) of the net
sublease/license fees paid to Tenant by the third party to use the Baseball
Stadium for such Other Event. Net sublease/license fees shall be the
sublease/license fees paid to the Tenant with respect to such Other Event,
less the reasonable and actual costs and expenses incurred by Tenant with
respect to such Other Event.
3. On or before November 1, of each year, Tenant shall remit to City a
summary events reconciliation statement for the year to date and including
the entire baseball season. The reconciliation statement shall set forth ticket
sales for all events sponsored by Tenant and net sublease/license fees paid
to Tenant by third parties during such year to date. If as a result of such
statement Additional Rent is due, such Additional Rent shall be paid
simultaneously with the delivery of such statement. If Tenant or a third-
party sponsors Other Events in such year after the effective date of the
reconciliation statement, then within ten (10) days after such Other Event,
Tenant shall remit to City a reconciliation statement for such Other Event
and pay any Additional Rent (if any) due as a result of such Other Event.
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4. Tenant shall maintain documentation and records verifying the ticket sales
for each event held within the Baseball Stadium sponsored by Tenant and
net sublease/license fees for each event held within the Baseball Stadium
sponsored by a third party for a period of two (2) years after the date of such
event. Upon written request by City, Tenant shall make such documentation
reasonably available for an audit by City, or its duly authorized
representatives, to verify the accuracy of the Additional Payments remitted
by Tenant.
5. If the Additional Rent is included in contract rent for purposes of calculating
the Leasehold Tax, City shall pay such Leasehold Tax, including all
applicable penalties and interest thereon, from the Additional Rent remitted
by Tenant and the Additional Rent shall be deemed to have been reduced
by the amount of such Leasehold Tax.
6. Tenant shall include in all written agreements with third parties that sponsor
Other Events, the right of City to audit such third parties' records regarding
payment of sublease/license fees.
VI. UTILITIES.
A. Utilities.
1. Utility Charges. Tenant shall pay or cause to be paid when due, and shall
indemnify, protect and hold harmless City and the Premises from all charges
for public or private utility services to the Premises during the Term,
including without limiting the generality of the foregoing, all charges for
heat, light, electricity, potable water, gas, telephone service, garbage
collection and sewer and drainage service. Notwithstanding the foregoing,
the City shall provide un-metered irrigation water to Tenant at no cost to
Tenant.
2. Interruptions of Utility Services. City shall not be liable to Tenant in
damages or otherwise (i) if any utility shall become unavailable from any
entity (including City) supplying or distributing such utility, or (ii) for any
interruption in any utility service (including, without limitation, any
heating, air-conditioning or sprinkler) caused by the making of any
necessary repairs or improvements or by any cause, and the same shall not
constitute a termination of this Lease or an eviction of Tenant. If any utility
service, used at the Premises and for which City is responsible, shall be
interrupted, City shall restore such utility service as soon as practical.
VII. CONDITION OF PREMISES; IMPROVEMENTS.
A. Current Condition. Tenant agrees to accept the Premises and Baseball Stadium in
its current "as is, where is" condition. Tenant acknowledges the opportunity prior
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to its execution of this Lease to conduct a thorough inspection of the Premises.
B. Air Conditioning. The air conditioning, previously installed by Tenant in the
"home team" clubhouse/locker room, is part of the Premises, and during the Term
shall be maintained by Tenant at Tenant's cost. Upon expiration or earlier
termination of this Lease, the air conditioning equipment shall become the property
of City, without additional cost or expense to City.
C. City and Tenant agree to work together with the understanding that the Baseball
Stadium become compliant with all the PDL Facility Standards by March 2024.
D. Tenant will invest at least $330,000 for the construction of a new climate-
controlled weight room at the Baseball Stadium. The building will become the
property of City. The City will issue Tenant a $16,500 credit against the base rent
for each year of the Initial Term of Lease in Tenant’s efforts with respect to bringing
the Baseball Stadium into compliance with the PDL Facility Standards.
E. If there are any additional improvements (not otherwise contemplated in Subsection
VII.D above) required to bring the Baseball Stadium into compliance with the PDL
Facility Standards, the City will issue Tenant a yearly rent credit equal to fifty (50)
percent of the invoice cost of the improvement(s) and: 1) to be amortized over the
remaining term of this Lease (excluding the partial year of the improvement); and
2) not to exceed $10,000 per year in total rent credits under this Subsection VII.E.
The improvement(s) will become property of City. By way of example, if an
improvement is required under this Subsection VII.E at an invoice cost of $96,000,
and there are 6 years remaining on this Lease (excluding the partial year of the
improvement), the City will issue Tenant a rent credit equal to $8,000 per year for
the remainder of this Lease calculated as follows: [$96,000 X 50% = $48,000;
$48,000/6 years = $8,000 rent credit per year]. If there are subsequent additional
improvements needed under this Subsection VII.E costing $48,000 (with 4 years
remaining on this Lease), the City will issue Tenant a total rent credit of $10,000
per year for the remaining 4 years of this Lease because the annual rent credit under
this Subsection VII.E is capped at $10,000 per year.
VIII. REPAIRS AND MAINTENANCE.
A. City Obligation. City shall, at its own cost and expense, maintain and repair all
structural portions of the Premises in a good and safe condition during the Term,
reasonable wear and tear excepted, promptly after City is made aware of the need
for such structural maintenance and/or repair. Structural portions of the Premises
shall include, without limitation, all sidewalks and the roof, structural walls,
structural members (including structural elements of the light poles, scoreboard
and outfield fence), floor slabs and foundation of the Baseball Stadium and
plumbing and electrical repairs that require alteration of floor slabs, foundations,
roof or exterior walls. If governmental laws, rules, regulation or ordinances
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("Applicable Laws") change such that the Premises no longer complies with
Applicable Laws and can no longer be used for its intended purposes without repair
or improvements, the City shall have the first option to alter or repair the Premises
to bring it into compliance with Applicable Laws. If City does not bring the
Premises into compliance with Applicable Laws within a reasonable period of time,
Tenant shall have the right, but not the obligation, to make the alterations or repairs
necessary to bring the Premises into compliance with Applicable Laws. If neither
City nor Tenant elect to bring the Premises into compliance with Applicable Laws,
Tenant may terminate this Lease in its sole discretion. The foregoing shall only
apply to changes required to be made to the Premises in order to comply with
Applicable Laws so that the Premises can continue to be used for its intended
purposes and does not apply under circumstances where the Premises becomes a
nonconforming structure, but for which changes are not required for the continued
use of the Premises.
B. Tenant Obligations.
1. Tenant shall be responsible, at its own cost and expense, for the routine
maintenance and upkeep and routine nonstructural repairs of the Premises
during the Term, including interior walls, ceilings, doors, windows, light
fixtures, switches, wiring and plumbing not the responsibility of City under
Section VIII.A above, and heating and air conditioning systems and
equipment. Tenant shall also be responsible for the cost of cleaning the
Premises and the cost of cleaning supplies and other routine supplies
required to operate the Premises, all in accordance with customary
standards for similar facilities and prudent maintenance practices.
2. Notwithstanding the foregoing, City shall be responsible for all routine
maintenance and repair of the Premises required by or arising from use of
the Premises for Community Events. City shall fulfill its maintenance
and repair obligations under this Section VIII.B immediately after use of
the Premises for Community Events.
3. Tenant shall also be responsible for garbage disposal and other cleaning of
the Premises and Parking Areas (as defined below) following each game or
Other Event sponsored by Tenant or a third party, and for payment of all
expenses of staff and services for each game or Other Event sponsored by
Tenant or a third party, including without limitation parking attendants,
security officers, ticket salespeople and attendants, ushers, and, if
applicable, medical personnel and vehicles. Tenant shall also be responsible
for maintaining the baseball team office and locker rooms while Tenant is
entitled to the exclusive use thereof. Tenant will permit no waste, damage
or injury to the Premises. At the expiration or sooner termination of this
Lease, Tenant will quit and surrender the Premises in a neat and clean
condition (reasonable wear and tear excepted) and will deliver up all keys
belonging to the Premises to City, or City's agent. Should Tenant fail to
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tender possession of the Premises to City as provided herein, City shall have
the right to perform the work necessary to put the Premises in a neat and
clean condition (reasonable wear and tear excepted), at Tenant's expense,
and Tenant agrees to reimburse City for the costs to do so.
4. Tenant shall not damage or deface the Premises, nor shall Tenant allow its
guests and invitees to damage or deface the Premises. Tenant and Tenant's
guests and invitees shall not do anything which may injure the buildings or
other improvements or be a nuisance or menace. All deliveries of supplies
and material to the Premises shall be made at such hours and in accordance
with such rules as City may reasonably prescribe. Tenant will not permit an
accumulation of boxes, waste, or other refuse matter. Trash and garbage
shall be stored, until disposed, within areas designated by City for such
purposes.
5. In addition, Tenant agrees as follows:
(i) Care of Plumbing Facilities. Plumbing facilities shall not be used for
any other purpose than that for which they were constructed.
(ii) Cleaning of Kitchens. Tenant shall have the Concessions ventilation
equipment cleaned at least every six (6) months, and Tenant upon request
shall provide City with evidence that the work has been done for the most
recent period.
(iii) Odors. Tenant shall not permit the emission of offensive odors from
the Premises or allow permeation through interior or exterior walls.
(iv) Tenant To Pay For Violation. The expense of any breakage,
stoppage or damage resulting from a violation of this Section VIII.B shall
be borne by Tenant.
(v) City May Demand Repairs. If City reasonably deems necessary any
repairs required to be made by Tenant, it may demand that Tenant make the
same forthwith, and if Tenant refuses or neglects to commence such repairs
and complete the same with reasonable dispatch, City may make or cause
such repairs to be made and Tenant agrees, forthwith, on demand, to pay to
City the cost thereof with interest at the maximum rate permitted by law at
the time City incurs said cost of repairs.
C. Plumbing System Winterization. Notwithstanding the other provisions of this
Lease, the City shall be responsible for the work associated with draining and
winterizing the plumbing system of the Premises each year (either using a third
party plumber or using City staff based upon protocols established by plumbing
professionals). City will make all reasonable efforts to provide irrigation water as
soon as possible at the beginning of each year.
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D. Baseball Field/Grass Maintenance.
1. Tenant shall be responsible at its sole cost and expense for the year-round
maintenance, upkeep, repair and care of the baseball field and the other
grass areas of the Baseball Stadium, including the preparation and
maintenance of the playing field before, during and after each game or Other
Event sponsored by Tenant. Such upkeep and maintenance shall include
fertilizing, mowing, aeration, irrigation and all other matters associated with
the maintenance of the playing field and other grass areas. All such upkeep
and maintenance shall be in accordance with the standards and
specifications attached hereto as Exhibit E, or otherwise directed by City.
Tenant shall also be responsible at its sole cost and expense for all fertilizer
and other supplies required for the upkeep and maintenance of the playing
field and other grass areas of the Baseball Stadium.
2. If Tenant fails to maintain the playing field and the other grass areas of
the Baseball Stadium as herein required, City shall have the right to do
so, at Tenant's expense, and Tenant agrees to reimburse City for the
costs to do so.
3. Tenant shall also have the exclusive right to use a portion of the
maintenance facility just beyond the left field outfield fence of the
Baseball Stadium for the storage of maintenance equipment and other
uses associated with the maintenance of the baseball field and other grass
areas of the Baseball Stadium.
IX. CONCESSIONS.
A. Concessions. Except as otherwise set forth herein, Tenant shall have the
exclusive right, during baseball games and Other Events held in the Baseball
Stadium, subject to the provisions set forth below, to sell Concessions in the
Premises and in the Parking Areas (as defined below) and to retain all revenues
therefrom. Such right may be exercised by Tenant directly or through a
sublicensee.
1. Concession Equipment. Tenant shall supply at its own expense and in
its sole discretion all equipment, fixtures and supplies, and all staff and
other persons required or necessary to provide Concessions to patrons
of the Premises.
2. Tenant to Use Adequate Electrical Equipment. If Tenant supplies any
concessions electrical equipment that overloads the electrical lines in the
Premises, Tenant shall at its own expense (but only with the prior
consent of City) make whatever changes are necessary to meet the
electrical requirements consistent with the requirements of the insurance
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underwriters and governmental authorities having jurisdiction.
3. Liquor License. City shall not object to or interfere with the efforts of
Tenant or its sublicensee to secure a permit to sell alcoholic beverages
as one of the Concessions sold inside the Baseball Stadium.
B. Concession Services. Tenant or its sublicensee shall operate and supply
Concessions and concession services during baseball games and Other Events
sponsored by Tenant or third parties on such terms and conditions as Tenant
deems appropriate. Tenant shall also provide concession services for Other
Events not sponsored by Tenant (including Comm unity Events) at levels and
with staffing as reasonably necessary to provide appropriate concession service
given the nature of the event and the expected attendance.
If Concessions are not provided by Tenant at appropriate levels for Community
Events or Other Events not sponsored by Tenant, then City may permit another
entity to sell Concessions from portable concession stands brought into the
Premises for such purposes. Any costs incurred or revenues received by City
under this Section IX(B) shall belong to City.
X. PARKING.
A. Generally. Adjacent to the Premises is an area for vehicle parking containing
approximately 1000 parking spaces and depicted on the map attached hereto
as Exhibit F (the "Parking Area") City hereby grants Tenant a non-exclusive
license to use the Parking Area on the terms set forth below.
1. Throughout the Term of this Lease, (i) Tenant shall have the exclusive
right to control, use and operate the Parking Area for baseball games and
Other Events sponsored by Tenant or third parties at the Premises and
(ii) City shall have the exclusive right to control, use and operate the
Parking Area for Community Events and for soccer tournaments played
at the adjacent playfields. Tenant shall be entitled to retain all parking
revenue generated during periods when Tenant controls and operates the
Parking Area, and City shall be entitled to retain all parking revenues
generated during periods when City controls and operates the Parking
Area. Tenant shall provide parking attendants to operate the Parking
Area for baseball games and Other Events sponsored by Tenant and City
shall provide parking attendants to operate the Parking Area for
Community Events and for events at the adjacent playfields. Tenant
shall be responsible at its sole cost to clean the Parking Area after
baseball games and Other Events sponsored by Tenant. City shall be
responsible, at its sole cost, to clean the Parking Area after Community
Events and soccer tournament held at the adjacent playfields.
2. If a night baseball game is scheduled on the same date as a soccer
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tournament: (i) Tenant and City shall work together to accommodate
each other’s needs for use of the Parking Area, including an agreement
on when control of the Parking Area will change from City to Tenant;
and (ii) Tenant shall honor the parking privileges of soccer tournament
spectators that have paid City to use the Parking Area. During such
times, Tenant and City shall cooperate in good faith to manage the
Parking Area so that Tenant receives all parking revenue associated with
the baseball game and City receives all parking revenues associated with
the soccer tournament being conducted at the adjacent playfields, and
with Tenant providing the parking attendants to operate the Parking
Area immediately prior to and during title baseball game.
XI. ESTOPPEL. Within fifteen (15) days of presentation, Tenant shall execute,
acknowledge, and deliver to City, at no expense to City, any estoppel certificate
requested by City, certifying in writing, if such shall be true, that Tenant shall be in
occupancy, that this Lease is in full force and effect, specifying the dates to which the
rent and other charges shall have been paid, and stating that there have been no defaults
by City and such other representations as may be requested by a lender, mortgagee or
beneficiary.
XII. TENANT ALTERATIONS. Except as provided above in Section VII.C, Tenant shall
not make any material alterations, additions, or improvements in the Premises
(including any alterations that affect structural portions of the Premises, or any
electrical, plumbing or similar system) without first obtaining City's written consent
(which may be withheld in its reasonable discretion). All such alterations, additions
and improvements shall be at the cost and expense of Tenant, and shall become the
property of City and shall remain in and be surrendered with the Premises as a part
hereof at the termination of this Lease, without disturbance, molestation, or injury
except for any improvements that City may elect to require Tenant to remove.
Notwithstanding the foregoing, Tenant may remove concessions equipment and
similar fixtures from the Premises if Tenant originally paid the cost to acquire and
install such equipment and/or fixtures and if Tenant fully repairs all damage caused by
the removal of such equipment and/or fixtures. If Tenant shall perform work with the
consent of City, as aforesaid, Tenant agrees to comply with all laws, ordinances,
rules and regulations of the appropriate city or county, and any other authorized public
authority. Tenant further agrees to hold City harmless from damage, loss or cost arising
out of the said work.
XIII. INSURANCE.
A. Tenant Insurance.
1. Tenant, at its sole expense, shall place and maintain in effect throughout the
term of this Lease the following insurance (collectively, the "Insurance"):
(i) Commercial general liability insurance with limits of not less than
$2,000,000 each occurrence and $5,000,000 in the aggregate, written on
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Insurance Services Office (ISO) occurrence form CG 00 01, insuring
against all liability arising out of and in connection with Tenant's use and
occupancy of the Premises and with Tenant's exercise of its rights granted
under this Lease, including premises and contractual liability and naming
City and its employees, officers and agents as additional insureds using ISO
Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a
substitute endorsement providing equivalent coverage, and (ii) in the event
Tenant or its sublicensee offers alcoholic beverages in or around the
Premises, "Dram Shop" and/or "Innkeeper's Liability" insurance against
claims or liabilities arising directly or indirectly to persons or property on
account of the sale or dispensing of beer, wine or other alcoholic beverages,
with a combined single limit coverage of $2,000,000 bodily injury and
property damage liability, or in greater amounts if required by law, in form
and substance reasonably acceptable to City, and naming City and its
employees, officers and agents as additional insureds, and (iii) worker's
compensation and employer's liability insurance covering employees at the
Premises employed by Tenant (to the extent required, and in the amounts
required by applicable laws).
2. Certificates of such coverage and endorsements, in form satisfactory to
City, shall be furnished to City and each shall provide that said coverage
will not be changed or cancelled without forty-five (45) days written notice
to City. The limits of coverage described above shall be increased from
time to time as reasonably requested by City and to the extent consistent
with prudent risk management practices and insurance standards for similar
facilities. Tenant's insurance coverage shall be primary as respects City.
Any insurance, self-insurance or insurance pool coverage maintained by
City shall be excess of Tenant's insurance and shall not contribute with it.
All insurance shall be placed with insurers with a current A. M. Best rating
of not less than A:VII.
3. In the event the Insurance required under this section is not maintained, or
if an Event of Default occurs, City shall have the right (but not the
obligation) to place and maintain the Insurance required to be placed and
maintained by Tenant hereunder. Tenant agrees, on demand, to pay to City
the amounts expended therefor with interest at the maximum rate permitted
by law from the time City incurs said costs of Insurance.
4. In the event Tenant fails to place and maintain the Insurance required
hereunder, City shall have the right (but not the obligation) to require the
immediate cessation of the sale of alcoholic beverages at the Premises.
B. City Insurance. City shall purchase and maintain during the term of this Lease
all-risk property insurance covering the Premises and the Baseball Stadium, for
their full replacement cost without coinsurance provisions.
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C. Waiver of Subrogation. Tenant and City hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the Premises and
Baseball Stadium. This release shall apply only to the extent that such claim,
loss or liability is covered by insurance.
XIV. DAMAGE OR DESTRUCTION. If the Premises or Baseball Stadium are damaged
by fire or other casualty under circumstances where the cost to repair does not exceed
$500,000 and the loss is covered by insurance maintained by City, the damage shall
be repaired by City, and until such repairs are completed, rent shall be abated in
proportion to the portion of the Premises which is unusable by Tenant in the conduct
of its business (but there shall be no abatement of rent by reason of any portion of the
Premises being unusable for a period equal to three (3) days or less).
If the costs to repair such damage exceeds $500,000, or the loss is not covered by
insurance maintained by City, City at its option may elect to repair the Premises, in
which event rent shall be abated as provided above. City shall make such election
whether or not to rebuild within thirty (30) days of such damage.
If City does not elect to make such repairs, or if it reasonably appears that such repairs
cannot be made within one hundred eighty (180) days of the date of such damage, then
either party may, by written notice to the other within forty-five (45) days of the date
of damage, terminate this Lease.
If the Baseball Stadium or a material portion thereof becomes unavailable on a temporary
basis by reason of either partial destruction or repair or restoration, or for any other reason,
then the Tenant may make arrangements for any previously scheduled home baseball game
or Other Event to be held at another venue during such time that the Baseball Stadium is
under repair. The City shall utilize commercially reasonable efforts to assist the Club in
locating a temporary facility in which the Club may play home baseball games, and
otherwise conduct previously scheduled Other Events.
XV. NAMING RIGHTS. During the Term of this Lease, Tenant shall have the right to offer
to sell and to sell the right to name the Baseball Stadium to third parties and to retain
all revenues therefrom, subject to the provisions below. City shall have the right to
approve the name and the form of any naming rights agreement, which approval shall
not be unreasonably withheld or delayed. In the absence of a naming rights agreement,
the Baseball Stadium shall continue to be named "Pasco Stadium." Tenant may not
name the Baseball Stadium after Tenant. The name of the Baseball Stadium may not
connote or be affiliated with adult content, firearms or tobacco. Upon expiration of or
earlier termination of this Lease, any naming rights agreement shall also terminate and
no longer be in force or effect.
For every professional baseball season (March through September) (the "Season") that
a naming rights agreement exists, Tenant shall spend a minimum average of $5,000
on capital improvements to the Baseball Stadium. Capital improvements under this
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Section XV are exclusive of all other improvements in this Lease Agreement.
Tenant may spend such sums on capital improvements at one time and from time to
time while a naming rights agreement exists, provided that Tenant spends at least
$25,000 on capital improvements during the first five years of any naming rights
agreement. By way of example, Tenant may spend $5,000 each Season, may spend
$10,000 every two Seasons, may spend $4,000 the first Season, nothing the second
Season and $11,000 the third Season, or may spend $25,000 in a single year (and
applied over a five Season period), provided that Tenant spends an average of $5,000
for each Season and at least $25,000 during the first five Season period. If at the end
of the term of a naming rights agreement, Tenant has not spent the required amounts
on capital improvements, Tenant shall pay to City a naming rights termination fee
equal to 150% of such shortfall.
On or before February 1 of each year, Tenant shall provide City with an accounting of
the costs expended in the prior calendar year by Tenant on capital improvements to the
Baseball Stadium. At the request of City, Tenant shall provide to City with copies of
invoices and other information to substantiate the amounts so spent.
Tenant must obtain prior City approval to any capital improvements undertaken by
Tenant under this Section XV such approval not to be unreasonably withheld and shall
be granted if such capital improvement is necessary for the Baseball Stadium to remain
compliant with the PDL Facility Standards. Capital improvements funded by Tenant
under this Section XV shall not include any capital improvements installed by Tenant
under any other provision of this Lease.
XVI. DEFAULTS; REMEDIES
A. Defaults: Remedies.
1. Events of Default. The occurrence of any one or more of the following
events shall constitute a material default and breach of this Lease by
Tenant (an "Event of Default"):
(i) The failure by Tenant to make any payment of Rent by the tenth
(10th) day after such amount is due;
(ii) The failure by Tenant to make any other payment required to be
made by Tenant hereunder (other than a payment specified in subsection
(i) above), including, without limitation, Additional Rent, utility
payments, insurance premiums or other charges, within five (5) days
after receiving written notice from City of such failure to pay;
(iii) The failure by Tenant to observe or perform or the violation of
any of the other covenants, conditions or provisions of this Lease to be
observed or performed by Tenant, where such failure shall continue for
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a period of twenty (20) days after Tenant's receipt of written notice of
default or violation from City; provided, however, that if the nature of
Tenant's obligation is such that more than twenty (20) days are required
for performance, then Tenant shall not be in default if Tenant
commences performance within such 20-day period and thereafter
diligently prosecutes the same to completion and in any event completes
such performance within ninety (90) days of Tenant's receipt of such
written notice; or
(iv) The failure by Tenant to use the Premises for professional
baseball purposes as a PDL Club.
2. Subject to Section I.B, upon an Event of Default, then, without prejudice
to any other remedies which City might have, City may, at its election,
declare this Lease forfeited and the Lease term ended, and re-enter the
Premises, with or without process of law, and remove all persons or
chattels therefrom.
B. Removal of Property.
1. In the event of any re-entry or taking possession of the Premises for default,
City shall have the right, but not the obligation, to remove from the Premises
all personal property of Tenant located therein, and may store the same in
any place selected by City, including but not limited to a public warehouse,
at the expense and risk of the owners thereof, with the right to sell such
stored property, without notice to Tenant, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale to be applied
first to the cost of such sale, second to the payment of the charges for the
storage, if any, and third to the payment of any other sums of money which
may then be due from Tenant to City under any of the terms hereof, the
balance if any without interest to be paid to Tenant.
2. Tenant hereby waives all claims for damages that may be caused by City's
re-entering and taking possession of the Premises or removing and storing
the property of Tenant as provided in this Lease, and will hold City harmless
from loss, costs or damages occasioned City thereby. No such reentry shall
be considered or construed to be a forcible entry.
C. City May Relet. In such case of re-entry, City may, subject to Section I.B, relet the
Premises upon such terms as it sees fit, for a term which may expire either before
or after the expiration date of this Lease, and to such persons or entities as it desires,
including without limitation another professional baseball league.
D. Tenant Still Liable for Rent. City shall not be liable for damages by reason of such
re-entry. Notwithstanding any such re-entry by City, the liability of Tenant for the
Rent provided for herein shall not be extinguished for the balance of the Lease
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Term. Tenant agrees to pay to City any deficiency arising from a re-entry and re-
letting of the Premises at a lesser rent, and Tenant shall pay such deficiencies each
month as the amount thereof is ascertained by City.
E. Tenant to Pay Cost of Reletting. Upon reletting Tenant shall be immediately liable
to pay to City the cost and expense of reletting and of such repairs as may be
incurred by City in readying the Premises for reletting.
F. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
G. Default by City. City shall not be in default unless City fails to perform obligations
required of City within twenty (20) days after written notice by Tenant to City,
provided, however, that if the nature of City's obligation is such that more than
twenty (20) days are required for performance then City shall not be in default if
City commences performance within such 20-day period and thereafter diligently
prosecutes the same to completion. If City fails to cure any such default within the
allotted time, Tenant may cure such default itself and offset the cost thereof against
Rent payable hereunder.
XVII. HAZARDOUS SUBSTANCES.
A. Hazardous Substances.
1. Tenant shall not dispose of or otherwise allow the release of any
hazardous waste or materials in, on or under the Premises, or any
adjacent property, or in any improvements placed on the Premises, in
violation of applicable law. Tenant represents and warrants to City that
Tenant's intended use of the Premises does not involve the use,
production, disposal or bringing on to the Premises of any hazardous
waste or materials in violation of applicable law. As used herein, the
term "hazardous waste or materials" includes any substance, waste or
material defined or designated as hazardous, toxic or dangerous (or any
similar term) by any federal, state or local statute, regulation, rule or
ordinance now or hereafter in effect. Tenant shall promptly comply with
all statutes, regulations and ordinances, and with all orders, decrees or
judgments of governmental authorities or courts having jurisdiction,
relating to the use, collection, treatment, disposal, storage, control,
removal or cleanup of hazardous waste or materials, in, on or under the
Premises or any adjacent property, or incorporated in any
improvements, at Tenant's expense.
2. After notice to Tenant and a reasonable opportunity for Tenant to effect
such compliance, City may, but is not obligated to, enter upon the
Premises and take such actions and incur such costs and expenses to
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effect such compliance as it deems advisable to protect its interest in the
Premises; provided, however that City shall not be obligated to give
Tenant notice and the opportunity to effect such compliance if (i) such
delay might result in material adverse harm to City or the Premises, (ii)
Tenant has already had actual knowledge of the situation and a
reasonable opportunity to effect such compliance, or (iii) an emergency
exists. Whether or not Tenant has actual knowledge of the release of
hazardous waste or materials on the Premises or any adjacent property
as the result of Tenant's use of the Premises, Tenant shall reimburse City
for the full amount of all costs and expenses incurred by City in
connection with such compliance activities, and such obligation shall
continue even after the termination of this Lease. Tenant shall notify
City immediately of any release of any hazardous waste or materials on
the Premises.
3. Notwithstanding the foregoing, Tenant shall not be responsible for any
cleanup, liabilities, claims, damages, costs and expenses of any kind or
nature that arise or result from any contamination of the Premises or
surrounding property by hazardous waste or materials, except for such
contamination that is caused by Tenant or its employees or agents. If
Tenant cannot operate the Baseball Stadium because of contamination
of the Premises or surrounding property by hazardous waste or materials
not caused by Tenant or its employees or agents, Tenant shall have the
right to terminate this Lease without further liability hereunder.
XVIII. OTHER PROVISIONS.
A. Surrender of Premises. At the expiration of the term of this Lease, or at the
earlier termination of this lease, Tenant shall surrender the Premises in good
condition, reasonable wear and tear excepted.
B. Intentionally Deleted.
C. Liens and Solvency. Tenant shall keep the Premises free from any liens arising
out of any work performed, materials furnished or obligations incurred by
Tenant and hold City harmless therefrom including all costs and attorney's fees.
In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt,
or if a receiver, assignee or other liquidating officer is appointed for the
business of Tenant, then City may, subject to Section I.B, cancel this Lease at
City's option and Tenant shall nevertheless be liable for any further losses or
damages sustained by City so caused by Tenant.
D. Assignment. Tenant shall have the right to assign this Lease or let or sublet the
whole or part of the Premises with the written consent of City, which consent
may not be unreasonably withheld. Notwithstanding the foregoing, City shall
consent to any assignment or sublease of this Lease by Tenant: (a) to any entity
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controlled by Tenant that owns the Team; and (b) to any purchaser of the Team
that (i) has been approved by MLB PDL, and (ii) has retained a management
team with prior experience managing a professional sports team to operate such
team. Any purported assignment or sublet shall be of no effect if not consented
to by City. Any assignment or sublet of this Lease shall not extinguish or
diminish the liability of Tenant hereunder.
E. Non-Waiver. The failure of either party to insist upon strict performance of
any of the covenants and agreements of this Lease, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a
waiver or relinquishment of any such, or any other covenants or agreements,
but the same shall be and remain in full force and effect.
F. Costs and Attorney's Fees. All costs and expenses, including attorneys' fees at
trial and on appeal in a reasonable amount, incurred by City or by Tenant in
enforcing the obligations of Tenant or City under this Lease, shall be paid by
the defaulting party to the prevailing party upon demand. The venue of any
legal action brought under the terms of this Lease shall be in the county in which
the Premises are situated.
G. Transfer by City. If City shall assign its interest under this Lease or transfer its
interest in the Premises, such transferee shall be required to assume all
obligations of City under this Lease, City shall be relieved of any obligation
accruing hereunder after such assignment or transfer, and such transferee shall
thereafter be deemed to be City hereunder.
H. Heirs and Successor. Subject to the provisions hereof pertaining to assignment
and subletting, the covenants and agreements of this Lease shall be binding
upon the heirs, legal representatives, successors and assigns of any or all of the
parties hereto.
I. Holdover. If Tenant shall, with the written consent of City, holdover after the
expiration of this Lease, such tenancy shall be on a month-to-month tenancy,
which tenancy may be terminated by either party upon twenty (20) days’ notice
to the other party. During such tenancy Tenant agrees to pay to City the same
rental as provided herein, unless a different rent is agreed upon, and to be bound
by all of the applicable terms and conditions of this Lease.
J. Mutual Release and Waiver. To the extent a loss is covered by insurance in
force, City and Tenant hereby mutually release each other from liability and
waive all right of recovery against each other for any loss from perils insured
against under their respective fire or other insurance policies, including any
causes of loss forms attached thereto; provided, that this agreement shall be
inapplicable if it would have the effect of invalidating any insurance coverage
of City or Tenant
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K. Notices. All notices under this Lease shall be in writing and shall be deemed to
have been duly given if personally delivered, sent by confirmed electronic,
overnight courier services or registered or certified mail, postage prepaid, and
shall be deemed given upon delivery if personally delivered, upon the earlier of
actual receipt or one day after it is sent, if sent by overnight courier or confirmed
electronic, or three days after it is sent by registered or certified mail. All
notices or other communications shall be made as follows:
If to City: City of Pasco
Attn: City Manager
525 North 3rd Avenue
Pasco, WA 99301
Facsimile No.: (509) 545-3403
(include e-mail address and do you want a
copy to be sent to Legal ?)
And
Kerr Ferguson, PLLC
Attn: Eric Ferguson
7025 Grandridge Blvd. Ste. A
Kennewick, WA 99336-7724
(e-mail: eferguson@kerrlawgroup.net)
If to Tenant: Northwest Baseball Ventures I, LLC
Attn: President
6200 Burden Blvd.
Pasco, WA 99301
Facsimile No.: (509) 547-9570
(include e-mail address?)
L. Compliance with Laws. All operations or act1v1ties upon, or any use or
occupancy of the Baseball Stadium and Premises, or any portion thereof, by
Tenant or any person claiming through Tenant shall be in all material respects
in compliance with all state, federal and local laws, ordinances, rules,
regulations, permits, standards, and requirements.
M. Indemnification.
1. Tenant agrees to and shall indemnify, defend and hold City, City's
successors and assigns, and the, officers, employees, agents and
contractors of City, harmless from and against any and all claims
(including without limitation third parry claims for death, personal
injury or real or personal property damage), actions, administrative
proceedings (including both formal and informal proceedings),
judgments, damages, punitive damages, penalties, fines, costs, liabilities
(including sums paid in settlements of claims), interest or losses,
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including reasonable attorneys' and paralegals' fees and expenses
(including any such fees and expenses incurred in enforcing this
Agreement or collecting any sums due hereunder), consultant fees, and
expert fees, together with all other costs and expenses of any kind or
nature that arise directly or indirectly from or in connection with (i)
Tenant's use, occupation and/or control of the Premises during events
other than Community Events, and including without limitation any
injury or claim of injury to person or property, of any nature and
howsoever caused, (ii) from any breach of the terms of this Lease, or
(iii) any violation of any governmental or insurance requirements by
Tenant, its sublessees, assignees, invitees, agents, employees,
contractors, or licensees, provided that such indemnity shall not extend
to matters that may arise out of the gross negligence or willful acts of
City or City's agents, employees or contractors.
2. City agrees to and shall indemnify, defend and hold Tenant, each MLB
PDL Entity, and their respective successors and assigns, and the
directors, officers, shareholders, employees, agents and contractors
of Tenant and each MLB PDL Entity, harmless from and against any and
all claims (including without limitation third party claims for death,
personal injury or real or personal property damage), actions, administrative
proceedings (including both formal and informal proceedings), judgments,
damages, punitive damages, penalties, fines, costs, liabilities (including
sums paid in settlements of claims), interest or losses, including reasonable
attorneys' and paralegals' fees and expenses (including any such fees and
expenses incurred in enforcing this Agreement or collecting any sums due
hereunder), consultant fees, and expert fees, together with all other costs
and expenses of any kind or nature that arise directly or indirectly from or
in connection with (i) City's use, occupation and/or control of the Premises
during a Community Event, and including without limitation any injury or
claim of injury to person or property, of any nature and howsoever caused,
(ii) from City’s breach of the terms of this Lease, or (iii) any acts arising
from the gross negligence or willful misconduct of City, provided that such
indemnity shall not extend to matters that may arise out of the gross
negligence or willful acts of Tenant or Tenant's agents, employees or
contractors.
N. Time is of the Essence of this Lease. Time is of the essence in the performance of
all obligations of Tenant and City under this Lease.
O. City Approvals. City shall, from time to time, designate one or more people who
are authorized on behalf of City to give consents or approvals required of City
hereunder. Such designation shall remain effective until such time as City notifies
Tenant in writing of a new designee or designees. At the outset, City's designee
shall be Adam Lincoln, City Manager.
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P. Force Majeure. Notwithstanding anything in this Lease to the contrary, each party's
obligations to perform under this Lease shall be excused to the extent that such
performance is prevented, delayed or rendered impracticable by events beyond that
party's reasonable control, provided such party shall have exercised all reasonable
efforts to avoid such events. Such events shall include, without limitation,
inclement weather, acts of God, strikes, civil commotion, riot, war and any other
cause whether similar or dissimilar to those enumerated that is reasonably beyond
the control of the party obligated to perform. Force Majeure shall not include
financial inability to perform (regardless of the cause) and shall not apply to
defaults arising out of the loss by Tenant of its franchise to operate a professional
baseball team with the Northwest League.
Q. Amendments. Notwithstanding anything herein to the contrary, this Lease may not
be amended, supplemented or otherwise modified without the prior receipt of all
necessary PDL Approvals.
R. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one
and the same instrument. This Lease or any counterpart may be executed and
delivered by electronic transmission with an executed hard copy to follow.
IN WITNESS WHEREOF, City and Tenant have executed this Lease the day and
year first above written.
CITY OF PASCO NORTHWEST BASEBALL VENTURES I, LLC, a
Washington Limited Liability Company
By: _________________________ By: _________________________
Adam Lincoln, City Manager
EXHIBITS AND SCHEDULE:
Exhibit A Legal Description of Property
Exhibit B List of Included Equipment
Exhibit C Concourse Exterior Wall Advertising Area
Exhibit D Intentionally Blank
Exhibit E Field Maintenance Standards
Exhibit F Parking Area
Schedule 1 Intentionally Blank
Schedule 2 MLB Tax Schedule
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EXHIBIT A
Exhibit A
Legal Description Pasco Baseball Stadium (without Parking Lot)
The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043± feet of the
northwest comer of Section 15, Township 9 North, Range 29 East W.M. Franklin County,
Washington.
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EXHIBIT B
Exhibit B
Baseball Equipment
Batting Cage: Full cover batting cage with minimum dimensions of 18' wide, 14' deep and
9' high. It is recommended that the cage be portable and made of aluminum
frame to provide maximum maintainability.
Field Screens: Pitching Screen:
Double Play Screen:
First Base Screen:
Shag Protector Screen:
Thigh x 8' wide with 4' x 4' notch in upper corner.
7' high x 14' wide with hinged wings.
7' high x 8' wide.
7' high x 8' wide.
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EXHIBIT C
Exhibit C
Concourse Advertising Area
West Side
East Side
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EXHIBIT D
Exhibit D
Intentionally Blank
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EXHIBIT E
Exhibit E
Tri-Cities Baseball Stadium Maintenance Standards
PROGRAM FREQUENCY DETAIL
Fertilizing
April – October
Application of complete NPK fertilizer with trace
minerals at 7lbs per 1,000 sq. ft. monthly in April, June,
July and August. Equivalent to ESN 18-3-15. In October
equivalent to 20-2-15 at 7 lbs per 1,000 sq. ft. Apply quick
release fertilizer at rate of 7 lbs. per 1,000 sq. ft. in front
of pitchers mound or any other worn areas.
Aerification May – October Monthly in May, June, July and October.
Flag all irrigation heads prior to aerification. Do not
aerify clay areas.
Mowing March – October March – April mow at 2” height. Two weeks prior to team
practice mow at 1-1/2” and maintain until October. Mow
playing field minimum of every other day and all other
areas twice per week.
Edging May – September Edge all base paths and infield perimeter twice per month.
Irrigation March – October Irrigate as needed but no less than 4 times per week for 1
hr. Immediately repair system as needed.
Chemical
Applications
March – November Identify turf problems and correct immediately. Apply
fungicide 1st week of November. Apply penetrating agent
or other chemicals as needed.
Game Day
Field Preparation
May – September 1. Drag and water infield as needed.
2. Wash loose dirt back into grass at dirt infield grass
transition areas.
3. Cover area in front of pitchers mound during practice
and pre-game warm up.
4. Drag and clean all red rock warning track areas.
5. Line infield as per baseball standards.
6. Paint outfield out-of-play lines weekly or as needed.
Miscellaneous Year Round 1. Apply a minimum of 2 tons soil conditioner to the top
1” of all infield clay areas.
2. Repair safety net and wall pads as necessary.
3. Overseed all areas at the rate of 25 lbs. per acre. Seed
mixture to be approved by City based on turf analysis.
4. Spray fence lines with herbicide twice a year or as
needed.
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EXHIBIT F
Exhibit F
Parking Area
-z-z:::=.-...oc=,======::-)• , -IIIIMIN &\-O.
I
... ..
.....
PARKING LOT
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SCHEDULE 1
SCHEDULE 1
Intentionally Blank
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SCHEDULE 2
•
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AGENDA REPORT
FOR:City Council October 4, 2023
TO:Adam R. Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Steve Worley, Public Works Director
Public Works
SUBJECT:Resolution No. 4380 - Change Order No. 4 for the East Urban Growth
Area (UGA) Expansion Sewer Local Improvement District (LID) No. 152
Phase 2 Project.
I.REFERENCE(S):
Resolution
Change Order No. 4
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the Authorizing 4380, No. Resolution approve to Move I
Manager to execute Change Order No.4 to the Construction Contract with
Tapani, Inc. for the East UGA Expansion Sewer Local Improvement District
(LID) No. 152 Phase 2 Project.
III.FISCAL IMPACT:
Original Contract Amount $998,953.00
Previously Approved Change Order Nos. 1-3 $68,929.35
Change Order No. 4 $480,349.67
New Agreement Total $1,548,302.02
This change order is a 48% increase to the total construction contract for this
Phase 2 project. However, the project was divided into four phases and Phase
2 was the smallest cost. When compared with all four phases, this change
order represents an increase of 3.9% of the total $12.2 million construction
contract cost.
The adopted budget for the project is sufficient to accommodate this change
order.
Total adopted project budget is $22.4 million, as follows:
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2021-2022 Adopted Biennial Budget allocated to this project: $5 million
2023-2024 Adopted Biennial Budget allocated to this project: $17.4 million
However, the total project cost is estimated at $17 million.
IV.HISTORY AND FACTS BRIEF:
On May 23, 2022, Council Approved Ordinance No. 4592 which formed LID
No. 152 ordering the sanitary sewer and lift station improvements within the
Urban Growth Area Expansion East of Road 68.
To allow the project to move forward expeditiously into construction, the scope
of work was broken into four phases, each of them packaged into a set of bid
documents and treated as an individual construction contract.
Phase 1 includes six bore trench crossings and casings to be installed.
Three of them are underneath BNSF railroad, two underneath N Glade
Road, and one underneath N Railroad Ave. (In Construction)
Phase 2 includes installing gravity sewer from the North end of the UGA
east to N Glade Rd then running South along N Glade Rd to the future
lift station. (In Construction). The proposed change order relates to
this phase.
Phase 3 includes a Lift station at the corner of N Glade rd. and Burns rd.
extended, as well as a set of force mains for the connection of the
proposed system to the existing gravity collection system along Foster
Wells Rd and Capital Ave, and Foster Wells Rd and Industrial Way. (To
Begin Construction in November)
Phase 4 accounts for the remainder of the gravity sewer trunk mains
serving the properties to the west of the lift station (west of North Glade
Road). (In Construction)
Below is a Change Order Summary for East UGA Expansion Sewer LID
Project, Phase 2:
Change Order 1 – Sales Tax Increase from 8.7% to 8.9%
($1,838.00): This change order accounts for the increase of Sales tax
from 8.7% to 8.9% that began January 1st, 2023.
Change Order 2 – Cost Increase due to delay of Project
($61,390.22): This project was delayed due to extended right-of-way
acquisition and permanent parcel, station the for negotiations lift
temporary easements. This C.O. addresses cost contractor and their
subcontractors' cost to revise schedules and storage of materials.
Change Order 3 – Relocate Guy Wire for future ease of access
($5,701.13): access This change order addresses improved for
maintenance at manhole, by relocating the electrical guy wire five feet
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away from the installed manhole.
Change Order 4 – Two additional Bores for sewer laterals
($480,349.67): This proposed change order includes the installation of
two laterals utilizing boring across Glade Road. The need to install
laterals is a result of negotiations for the acquisition of a parcel for the
construction of the lift station and acquisition of permanent and
temporary easements for the project.
V.DISCUSSION:
This item was discussed at the October 10, 2023, Council Workshop.
City staff recommends approval of Change Order No. 4 for the addition of two
laterals across Glade Road via boring in the amount $480,349.67.
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Resolution - East UGA LID No. 152 CO No. 4 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
4 TO THE CONSTRUCTION CONTRACT WITH TAPANI, INC. FOR THE
EAST UGA EXPANSION SEWER LOCAL IMPROVEMENT DISTRICT (LID)
NO. 152 PHASE 2 PROJECT.
WHEREAS, the City of Pasco (City) and Tapani, Inc. entered into a Construction contract
on January 24, 2023, for construction of the East Urban Growth Area (UGA) Expansion Sewer
LID No. 152 Phase 2 Project; and
WHEREAS, this project involves routing gravity sewer from the North end of the UGA
east to N Glade Rd then running South along N Glade Rd to the future lift station; and
WHEREAS, the City and Tapani, Inc. executed Change Order No. 1 through Change
Order No. 3 to address tax changes from bid amount, delays, and movement of utility for future
ease of access; and
WHEREAS, previously approved Change Order Nos. 1 - 3 were authorized under the
authority provided to the City Manager and the Public Works Director; and
WHEREAS, proposed Change Order No. 4 involves the addition of two laterals across
Glade Road via boring, for a total of $480,419.67; and
WHEREAS, the $480,419.67 amount of Change Order No. 4 added to the cumulative sum
of previously approved Change Orders, exceeds the City Manager’s authority, and thus requires
Council approval; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to approve Change
Order No. 4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions
of the Change Order No. 4 between the City of Pasco and Tapani, Inc. as attached hereto and
incorporated herein as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to execute said Change Order No. 4 on behalf of the City of Pasco.
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Resolution - East UGA LID No. 152 CO No. 4 - 2
PASSED by the City Council of the City of Pasco, Washington, on this 16th day of October,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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EXHIBIT A
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AGENDA REPORT
FOR:City Council October 12, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Steve Worley, Director
Public Works
SUBJECT:Ordinance No. 4687 - Amending Pasco Municipal Code Section
10.35.010 to Include Burns Road Speed Limit Change
I.REFERENCE(S):
Ordinance
Vicinity Map
Memo
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4687, amending Pasco Municipal
Code Section 10.35.030 "Speed Limits in Certain Zones" to establish a new
speed and, Boulevard Broadmoor of further, Road Burns on limit west
authorize publication by summary only.
III.FISCAL IMPACT:
The cost of reducing the speed limit on Burns Road would be minimal. The City
would need to purchase and install new speed limit signs.
IV.HISTORY AND FACTS BRIEF:
Burns Road, west of Broadmoor Boulevard, was previously maintained by
Franklin County (County) and recently was annexed into the City of Pasco. The
posted speed limit along Burns Road, which was implemented by the County,
is 50 miles per hour (mph).
In addition to the recent annexation, there are new residential developments
along the segment of Burns Road west of Broadmoor Boulevard.
Staff evaluated the situation and recommended a speed study be completed to
assess drivers to safety more provide if speed reduced a and would
pedestrians.
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V.DISCUSSION:
The City engaged the services of CivTech, a firm that specializes in traffic
engineering, analysis, and design. CivTech conducted a speed study of Burns
Road west of Broadmoor Blvd and the results of that study concluded the
following:
No segments of Burns Road are within the tolerance levels of the posted
speed limit. Most of the 10-mph pace speeds do not include the 85th
percentile speeds, nor do they include the speed limit. All average
speeds are lower than the speed limit, with the highest average speed
being 43 mph, 7 mph slower than the posted speed limit.
residential the access to Road Burns traffic of majority The uses
neighborhoods along the roadway, with very few vehicles continuing
west along Burns Road past Kohler Road. Along Burns, there are
currently 7 accesses to residential neighborhoods, 4 to the north of
Burns Road and 3 to the south.
The majority of the Principal Arterials within the city have a posted
speed limit between 25 and 35 mph. The roads directly surrounding
Burns Road east of Broadmoor Boulevard have a speed limit of 35 mph.
The segment of Burns Road west of Broadmoor Boulevard is a two-lane
roadway with one lane of travel in each direction. Burns Road does not
have any sidewalk, curb, or gutter features, and there is no on-street
parking available for the entirety of the roadway segment.
Based on the average speed along Burns Road, the number of vehicles
using Burns Road to access the residential developments, and speed
limit of surrounding Principal Arterial roadways in the Future 2038 Street
Functional Classification System Map, the appropriate speed limit for
Burns Road, west of Broadmoor Boulevard, is 35 mph.
Based on the Burns Road Speed Study, staff recommends amending the
Pasco Municipal Code (PMC) Section 10.35.030 to show a reduced speed limit
on Burns Road west of Broadmoor Boulevard from 50 mph to 35 mph.
This proposal would be consistent with the Council’s traffic calming goals and
would help to reduce speeding and improve safety on Burns Road.
This item was discussed at the October 10, 2023, Council Workshop meeting.
City Staff will conduct robust communication and notification efforts to ensure
that residents are made fully aware of the speed change. This will include the
Page 86 of 325
installation of electronic reader boards place on Burns Road notifying drivers of
the upcoming speed change. The reader boards will be in place for two weeks
prior to the speed limit signs being changed. The attached communication
plan is also proposed in an effort to further notify the public of this speed limit
change.
City Staff recommends the adoption of the attached Ordinance.
Page 87 of 325
Ordinance – Amending PMC 10.35.030 - 1
Version 09.01.23
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 10.35.030 “SPEED
LIMITS IN CERTAIN ZONES,” TO ESTABLISH A NEW SPEED LIMIT ON
BURNS ROAD WEST OF BROADMOOR BLVD.
WHEREAS, Burns Road west of Road 100 was annexed into the City of Pasco (City)
boundary on June 15, 2015, (Sharma Short Plat) and January 3, 2017, (Barker Ranch up to Archer
Estates Ph 2); and
WHEREAS, with the significant amount of residential development on both sides of Burns
Road, the current posted speed of 50 miles per hour (MPH) no longer provides reasonable and safe
conditions; and
WHEREAS, a 35 MPH speed limit is recommended for this new section of roadway based
on a speed study prepared by a licensed Traffic Engineer; and
WHEREAS, the speed study considered roadway geometrics; Average Daily Traffic
counts, 85th percentile speeds, and vehicle counts; crash history; capacity/volume data; and
access/intersection density and spacing considerations, as compared with standard industry and
City guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 10.35.030 entitled “Speed Limits in Certain Zones” of the
Pasco Municipal Code is hereby amended and shall read as follows:
10.35.030 Speed limits in certain zones.
It is determined upon the basis of an engineering and traffic investigation that the
speed permitted by state law upon the following streets is less than is necessary for
safe operation of vehicles thereon, by reason of the designation and sign posting of
the streets as arterial highways and/or by reason of widely spaced intersections, and
it is declared that the speed limit shall be as hereinafter set forth on those streets or
parts of streets designated in this section at the times specified when signs are
erected giving notice thereof:
45 MPH.
E. “A” Street (S. Cedar Avenue to SR-12);
Harris Road (W. Court Street to Broadmoor Boulevard);
W. Lewis Street (N. 20th Avenue to N. 28th Avenue);
N. 4th (north line Section 19 to City limits – Glade North);
Page 88 of 325
Ordinance – Amending PMC 10.35.030 - 2
Version 09.01.23
N. Oregon Street (Hillsboro to north City limits);
Road 68 (Sandifur Parkway north to north City limits);
Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford Street);
Road 100 (Chelan Drive to FCID Canal);
Capital Avenue (Hillsboro Street to Foster Wells Road).
40 MPH.
S. 10th Avenue (Ainsworth Avenue to south City limits on the Intercity
Bridge);
Heritage Boulevard (SR-12 to “A” Street);
W. Court Street (Road 48 to Road 100);
E. Lewis Street (N. Cedar Avenue to SR-12);
Argent Road (N. 20th Avenue west to Road 36);
Argent Road (Road 44 west to Road 52);
W. Ainsworth Avenue (10th Avenue to Oregon Avenue);
N. Oregon Avenue (E. Ainsworth Street to SR-12);
Burden Boulevard (Road 36 to Road 60);
Road 36 (Argent Road to Burden Boulevard).
35 MPH.
W. “A” Street (N. 20th Avenue to S. Wehe Avenue);
E. “A” Street (S. Wehe Avenue to S. Cedar Avenue);
E. Ainsworth Street (Oregon Avenue to Sacajawea Park Road);
Argent Road (Road 68 west to Road 84);
Broadmoor Boulevard (Bedford Street to north City limits);
W. Court Street (Road 36 to Road 48);
W. Lewis Street (N.12th Avenue to N. 20th Avenue);
N. 4th Avenue (E. Court Street to SR-12);
N. 4th Avenue (SR-12 to north line Section 19);
S. 4th Avenue (W. “A” Street to W. Ainsworth Street);
W. Sylvester Street (N. 20th Avenue to Road 60);
Sandifur Parkway (Road 44 to Broadmoor Boulevard);
Commercial Avenue (Kartchner to Kahlotus Highway);
Industrial Way (Kartchner to Foster Wells Road);
Foster Wells Road (SR-395 to N. Oregon Avenue);
Sacajawea Park Road (SR-12 to E. Ainsworth Street);
Burden Boulevard (Road 60 to Road 76);
Road 100 (W. Court Street to Chelan Drive);
Road 60 (W. Sylvester Street to W. Court Street);
Road 68 (200 feet north of Valley View Pl to Sandifur Parkway);
Road 52 (Burden Blvd. to Sandifur Parkway);
Road 60 (Burden Blvd. to Sandifur Parkway);
Argent Road (From 20th Avenue to the east);
Madison Avenue (Road 44 to Burden Blvd.);
Page 89 of 325
Ordinance – Amending PMC 10.35.030 - 3
Version 09.01.23
Road 44 (Argent to Madison Avenue);
Chapel Hill Blvd. (FCID Canal right-of-way to Churchill Downs Lane).
Burns Road (Broadmoor Blvd to Shoreline Road)
30 MPH.
S. 10th Avenue (W. Ainsworth Avenue to W. Sylvester Street);
N. 20th (W. “A” Street to airport terminal);
W. “A” Street (N. 20th Avenue to Road 28);
W. Clark Street (W. 5th Avenue to N. 18th Avenue);
W. Court Street (N. 1st Avenue west to Road 36);
W. Court Street (Road 100 to Harris Road);
E. Lewis Street (N. Beech Avenue to N. Cedar Avenue);
28th Avenue (W. “A” Street to W. Lewis Street);
W. Sylvester Street (N. 20th Avenue to N. 7th Avenue);
Road 34 (W. Sylvester Street to W. Court Street);
Road 84 (Chapel Hill Blvd. to Argent Road);
Clemente Lane (Burden Blvd. to Wrigley Drive);
Wrigley Drive (Road 76 to Clemente Drive).
[Ord. 4488 § 1, 2020; Ord. 4151, 2014; Ord. 4045, 2012; Ord. 4025, 2011; Ord.
4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 § 1, 2005; Ord. 3716 § 1,
2005; Ord. 3630 § 1, 2003; Ord. 3395 § 1, 1999; Ord. 3293 § 1, 1998; Ord. 3292
§ 1, 1998; Ord. 3217 § 1, 1997; Ord. 2891 § 1, 1992; Ord. 2818 § 1-4, 1991; Ord.
2795 § 1-5, 1990; Ord. 2644 § 1, 1987; Ord. 2536 § 1, 1985; Ord. 2493 § 1, 1984;
Ord. 2486 § 1, 1984; Ord. 2165 § 1, 1980; Ord. 1979 § 1, 1978; Ord. 1793 § 1,
1976; Ord. 1578 § 1, 1973; Ord. 1475 § 1, 1971; Code 1970 § 10.24.040; Code
1954 § 8-14.12.]
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Page 90 of 325
Ordinance – Amending PMC 10.35.030 - 4
Version 09.01.23
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 91 of 325
35MPH Road 100 EXHIBIT A Page 92 of 325
SPEED LIMIT MEMORANDUM
CivTech Inc. • 14720 East 20th Avenue • Spokane Valley, WA 99037
Phone: 602.290.3016 • Fax: 480.659.0566
October 2, 2023
Mr. Steve Worley, PE
Public Works Director
City of Pasco
525 North 3rd Avenue
Pasco, Washington 99301
RE: SPEED LIMIT MEMORANDUM FOR BURNS ROAD WEST OF BROADMOOR BOULEVARD – PASCO,
WASHINGTON
Dear Mr. Worley:
Thank you for retaining CivTech to provide this speed limit analysis for Burns Road west of Broadmoor
Boulevard in the City of Pasco, Washington. This segment of roadway, previously maintained by
Franklin County, was recently annexed by the City of Pasco. The posted speed limit along Burns
Road, which was implemented by the County, is 50 miles per hour (mph). In addition to the recent
annexation, there are also new residential developments along the segment of Burns Road west of
Broadmoor Boulevard.
The purpose of this memorandum is to document the existing (2023) traffic conditions along Burns
Road, west of Broadmoor Boulevard, and evaluate the speed data along the roadway segment to
determine if the current posted speed limit is appropriate based on the Manual on Uniform Traffic
Control Devices (MUTCD) 2009 criteria.
PARAMETERS USED TO SET AND EVALUATE SPEED LIMIT AND DATA
The majority of motorists drive at a speed that they consider reasonable and safe for existing
conditions. Posted limits that are set higher or lower than those dictated by roadway and traffic
conditions are ignored by the majority of motorists. Realistic speed limits help preserve uniformity of
speed. Uniformity of speed is valuable for a number of reasons:
It maintains consistency in traffic gaps for crossing traffic;
It enables pedestrians to more accurately judge the speed of traffic for crossings; and,
It reduces the possibility of conflict between faster and slower drivers.
Establishing roadway speeds is generally based on the principle of setting speeds as near as
practicable to the speed that 85% of the drivers consider to be reasonable and prudent, i.e., the 85th
percentile speed. The 85th percentile speed correlates to the first standard deviation above the mean;
statistically the first standard deviation is the average speed of motorists above the mean speed.
First, however, an engineering and traffic investigation shall show roadway conditions to be
satisfactory for that speed. Speed limits thus established encourage voluntary compliance because
they appear reasonable to the majority of motorists.
While the roadway design speed has been cited by some transportation professionals as a basis for
limiting the maximum speed limit, the determination of design and realistic speed zones are two
Page 93 of 325
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 2
separate and distinct activities that should not be combined to establish speed zones that are
unreasonable to motorists. The design speed is selected to establish roadway design criteria such as
width, alignment, and profile. Once the roadway is constructed, the driver operates at a speed they
determine is reasonably safe and prudent, usually represented by the 85th percentile speed. The
engineering and traffic investigation evaluates the operating conditions on the roadway and reviews
the roadway characteristics and speeds that motorists consider reasonable.
To achieve a comfortable operating speed, a specific location may justify a speed that is lower than
the lawful posted speed for a given section of roadway, such as an isolated horizontal curve on an
otherwise straight section. Such locations may be treated by the application of special warning signs
such as Curve and Turn signs with supplemental advisory speed plates.
EXISTING DATA
SPEED DATA: CivTech engaged All Traffic Data Services, Inc. (ATD) to conduct speed counts at four
(4) segments identified below along Burns Road. The 24-hour speed counts were conducted over a
3-day span, from Tuesday July 18, 2023 until Thursday July 20, 2023. The posted speed limit along
Burns Road is 50 mph. Table 1 provides the results of the speed counts for Burns Road between
Kohler Road and Broadmoor Boulevard at the following locations:
Burns Road west of Kohler Road Burns Road west of Dent Road
Burns Road west of Road 108 Burns Road west of Broadmoor Boulevard
Table 1 – Speed Data Summary
In general, it is ideal to have the 50th percentile, the 85th percentile, the average, and the posted
Intersection Direction
Speeds (mph)
Posted Average 50th
%tile
10 mph
Pace
85th
%tile
Burns Road west of
Kohler Road
EB 50 31 34 31-40 44
WB 50 35 36 31-40 44
Burns Road west of Dent
Road
EB 50 41 44 41-50 52
WB 50 43 46 46-55 53
Burns Road west of Road
108
EB 50 24 14 6-15 49
WB 50 40 44 46-55 52
Burns Road west of
Broadmoor Boulevard
EB 50 40 40 36-45 45
WB 50 41 41 36-45 47
Page 94 of 325
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 3
speeds to be within the 10-mph pace speed. It is also ideal to have the 85th percentile speed be
within 5-mph of the posted speed limit.
The results of the speed data summarized in Table 1 indicate that no segments of Burns Road are
within the tolerance levels of the posted speed limit. The majority of the 10-mph pace speeds do not
include the 85th percentile speeds, nor do they include the speed limit. All average speeds are lower
than the speed limit, with the highest average speed being 43 mph, 7 mph slower than the posted
speed limit. Speed data on Burns Road west of Dent Road and west of Road 108 seem to align closely
with the current posted speed limit of 50 mph. It should be noted that site development construction
activity was occurring during the speed data collection which resulted in slower speeds in the
eastbound direction west of Road 108.
The 85th percentile speeds for the study segments range from 44 mph to 53 mph. The average speeds
for the study segments range from 31 mph to 43 mph and the 50th percentile speeds range from 34
mph to 46 mph. The speed data collected suggests that the posted speed limit could be reduced and
still be adhered to by the majority of traffic.
The City of Pasco Comprehensive Plan, August 2020, Future 2038 Street Functional Classification
System Map shows Burns Road as Principal Arterial. Other Principal Arterials within Pasco have speed
limits ranging from 25 mph to 45 mph. 4th Avenue has a speed limit of 25 mph; Court Street and 20th
Avenue have a speed limit of 30 mph; Burns Road (East of Broadmoor Boulevard), Broadmoor
Boulevard, Road 68, and Road 100 have a speed limit of 35 mph; Oregon Avenue, Ainsworth Street,
and 10th Avenue have a speed limit of 40 mph; Lewis Street has a speed limit of 45 mph. It should
be noted that Oregon Avenue, Ainsworth Street, and 10th Avenue are a part of Washington State
Highway 397 (WA-397).
The majority of the Principal Arterials within the city have a posted speed limit between 25 and 35
mph. The roads directly surrounding Burns Road east of Broadmoor Boulevard have a speed limit of
35 mph.
Table 2 documents the traffic volumes collected as part of the study.
Page 95 of 325
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 4
Table 2 –Traffic Volume Counts Summary
Intersection Direction Date 24-Hour
Volume
AM Peak
Hour
Volume
PM Peak
Hour
Volume
Kohler Road & Burns
Road
EB
7/18/2023 202 17 11
7/19/2023 237 23 24
7/20/2023 233 21 24
WB
7/18/2023 157 21 15
7/19/2023 202 15 19
7/20/2023 192 15 22
Dent Road & Burns Road
EB
7/18/2023 1805 138 153
7/19/2023 1773 133 126
7/20/2023 1652 152 112
WB
7/18/2023 1725 121 184
7/19/2023 1652 106 164
7/20/2023 1668 103 168
Road 108 & Burns Road
EB
7/18/2023 2316 173 158
7/19/2023 2149 170 141
7/20/2023 2188 165 139
WB
7/18/2023 2346 174 251
7/19/2023 2093 137 236
7/20/2023 2253 169 198
Broadmoor Boulevard &
Burns Road
EB
7/18/2023 2790 199 208
7/19/2023 2628 199 212
7/20/2023 2614 183 188
WB
7/18/2023 2726 187 272
7/19/2023 2582 172 252
7/20/2023 2592 161 232
The results of the traffic volume counts summarized in Table 2 indicate that the majority of traffic
uses Burns Road to access the residential neighborhoods along the roadway, with very few vehicles
continuing west along Burns Road past Kohler Road. Along Burns, there are currently 7 accesses to
residential neighborhoods, 4 to the north of Burns Road and 3 to the south.
OTHER CONSIDERATION
ROADSIDE FEATURES
The segment of Burns Road west of Broadmoor Boulevard is a two-lane roadway with one lane of
travel in each direction. Along the entirety of the segment, the westbound lane has a minimum of a
5-foot shoulder. Along the frontage of the residential developments, the fence line has a minimum
setback of 20 feet. The eastbound lane has a minimum 5-foot shoulder, and a minimum setback of
6-feet. West of Kohler Road, there are no striped shoulders. Burns Road does not have any sidewalk,
curb or gutter features, and there is no on-street parking available for the entirety of the roadway
segment. A multi-use pathway does exist on the south side of Burns Road between Road 119 and
Road 122. It is anticipated that the pathway will continue to be built and expand to the east and west
as residential development continues to occur.
Page 96 of 325
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 5
Burns Road is currently classified as a collector roadway and will continue to function as a collector
roadway with the continuation of the adjacent residential development. There are limited direct
access points to Burns Road by residential units. Most of the connections to Burns Road are via
residential local roadways. The future classification of Burns Road is expected to be a principal arterial
based on the Future 2038 Street Functional Classification System map in the City of Pasco
Comprehensive Plan.
SIGHT DISTANCE
Google Earth images reveal that sight distance may be jeopardized by the addition of fences along
residential developments. In addition, the grading between Dent Road and Road 119 poses a sight
distance hazard for vehicles turning left off of Dent Road. Many of the new developments include
residential walls separating the residential units and creating a border between the residential
development and Burns Road. Sight distance from each residential local roadway should be
maximized as much as possible.
ADJACENT ROADWAY SPEED LIMITS
Burns Road to the east of Broadmoor Boulevard has a similar function to the study segment and is
posted with a 35-mph speed limit. Burns Road east of Broadmoor Boulevard is currently a collector
roadway and is expected to also be converted to a principal arterial in the future as the City continues
to expand and as development continues to occur in the region.
Broadmoor Boulevard south of Burns Road is currently a collector roadway and is expected to also
be converted to a principal arterial in the future as the City continues to expand and as development
continues to occur in the region. The posted speed limit on Broadmoor Boulevard south of Burns
Road is 35 mph.
Dent Road, north of Burns Road, is classified as a collector roadway and is expected to continue to
serve as such into the future. The posted speed limit on Dent Road north of Burns Road is 35 mph.
Kohler Road, north of Burns Road, serves as a local roadway with a posted speed limit of 35 mph.
Road 119 and Road 122 are newly constructed residential roadways and do not have a posted speed
limit. Given the characteristics of both roadways, with direct and closely spaced driveways, it is
expected that both will have a posted speed limit of 25 mph.
RECOMMENDATIONS
The 50-mph posted speed limit along Burns Road, west of Broadmoor Boulevard, implemented by
the County, is no longer representative of the current development occurring along Burns Road, is
too high based on the connecting roadways to Burns Road, and is too high based on the speed data
collected and analyzed. The recent development of residential neighborhoods along the segment of
roadway, the possible sight distance restrictions, and the average speed on the roadway showing
that vehicles typically drive 10-mph slower than the current posted speed, prove that the posted
speed limit on Burns Road should be lowered. Based on the average speed along Burns Road, the
amount of vehicles using Burns Road to access the residential developments, and speed limit of
Page 97 of 325
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 6
surrounding roadways, the appropriate speed limit for Burns Road, west of Broadmoor Boulevard, is
35 mph.
CONCLUSIONS
From the above, the following can be concluded:
No segments of Burns Road are within the tolerance levels of the posted speed limit. The majority
of the 10-mph pace speeds do not include the 85th percentile speeds, nor do they include the
speed limit. All average speeds are lower than the speed limit, with the highest average speed
being 43 mph, 7 mph slower than the posted speed limit. Five of the roadway segments also
experience an 85th percentile speed lower than the speed limit. This indicates that the posted
speed limit is too high for the majority of drivers along the roadway segment.
The majority of traffic uses Burns Road to access the residential neighborhoods along the
roadway, with very few vehicles continuing west along Burns Road past Kohler Road. Along Burns,
there are currently 7 accesses to residential neighborhoods, 4 to the north of Burns Road and 3
to the south.
The majority of the Principal Arterials within the city have a posted speed limit between 25 and
35 mph. The roads directly surrounding Burns Road east of Broadmoor Boulevard have a speed
limit of 35 mph.
The segment of Burns Road west of Broadmoor Boulevard is a two-lane roadway with one lane
of travel in each direction. Burns Road does not have any sidewalk, curb, or gutter features, and
there is no on-street parking available for the entirety of the roadway segment.
Based on the average speed along Burns Road, the amount of vehicles using Burns Road to
access the residential developments, and speed limit of surrounding Principal Arterial roadways
in the Future 2038 Street Functional Classification System Map, the appropriate speed limit for
Burns Road, west of Broadmoor Boulevard, is 35 mph.
Thank you for allowing CivTech to assist you on this project. Please contact me with any questions
you may have on this Traffic Statement.
Sincerely,
CivTech
Sean Messner, PE
Senior Project Manager
Attachments (2)
A. Speed Count Data
B. Future 2038 Street Classification Map
"Z:\Civtech\Projects\22-0310-WA City of Pasco Traffic Engineering Services On-Call, Pasco\Submittals\1st Submittal\Drafts\Speed Limit Memo V1_0.docx" "
Page 98 of 325
Page 1
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 0 0 0 0 0 2 0 0 0 0 0 0 2 40-49 2
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 0 0 0 0 2 0 0 0 0 0 2 45-54 2
06:00 0 0 0 0 1 1 0 1 0 0 0 0 0 0 3 29-38 2
07:00 1 0 1 0 2 4 0 0 0 0 0 0 0 0 8 31-40 6
08:00 4 0 0 1 3 1 0 0 0 1 0 0 0 0 10 31-40 4
09:00 4 0 0 0 1 0 3 2 1 1 0 0 0 0 12 41-50 5
10:00 5 0 0 1 4 4 3 0 0 0 0 0 0 0 17 31-40 8
11:00 4 0 0 0 0 3 4 3 0 0 0 0 0 0 14 36-45 7
12 PM 1 0 0 1 3 2 4 2 0 0 0 0 0 0 13 41-50 6
13:00 0 0 0 0 5 2 2 1 0 0 0 0 0 0 10 31-40 7
14:00 6 0 0 2 2 3 2 0 0 0 0 0 0 0 15 36-45 5
15:00 3 0 0 1 0 6 1 1 0 0 0 0 0 0 12 34-43 7
16:00 7 0 0 1 2 0 2 3 1 0 0 0 0 0 16 41-50 5
17:00 7 0 1 1 0 3 5 3 0 1 0 0 0 0 21 36-45 8
18:00 2 0 0 0 2 3 3 2 0 0 0 0 0 0 12 36-45 6
19:00 1 0 0 0 0 0 4 0 1 0 0 0 0 0 6 41-50 4
20:00 5 0 0 0 2 2 1 3 0 1 0 0 0 1 15 31-40 4
21:00 2 0 0 0 3 2 0 0 0 2 0 1 0 0 10 31-40 5
22:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
23:00 0 0 0 0 0 0 1 1 0 0 0 0 0 0 2 39-48 2
Total 52 0 2 9 30 37 35 24 5 6 0 1 0 1 202
Percent 25.7%0.0%1.0%4.5%14.9%18.3%17.3%11.9%2.5%3.0%0.0%0.5%0.0%0.5%
AM Peak 10:00 07:00 08:00 10:00 07:00 11:00 11:00 05:00 08:00 10:00
Vol.5 1 1 4 4 4 3 2 1 17
PM Peak 16:00 17:00 14:00 13:00 15:00 17:00 16:00 16:00 21:00 21:00 20:00 17:00
Vol.7 1 2 5 6 5 3 1 2 1 1 21 Page 99 of 325
Page 2
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 34-43 1
01:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
06:00 1 0 1 0 0 2 1 0 0 0 0 0 0 0 5 36-45 3
07:00 0 1 0 2 0 1 3 1 0 0 0 0 0 0 8 41-50 4
08:00 0 0 0 0 3 7 2 2 2 1 0 0 0 0 17 31-40 10
09:00 4 0 0 2 7 1 0 0 0 0 0 0 0 0 14 26-35 9
10:00 9 0 1 0 7 5 1 0 0 0 0 0 0 0 23 31-40 12
11:00 2 0 0 1 4 3 1 1 0 0 0 0 0 0 12 30-39 7
12 PM 5 0 0 0 4 3 1 3 1 0 0 0 0 0 17 31-40 7
13:00 6 0 0 2 3 7 2 3 1 0 0 0 0 0 24 31-40 10
14:00 9 0 0 1 3 2 3 2 0 0 0 0 0 0 20 6-15 6
15:00 7 0 0 1 1 5 2 0 0 0 0 0 0 0 16 36-45 7
16:00 6 0 0 1 2 4 2 1 1 0 0 0 0 0 17 36-45 6
17:00 5 0 0 0 3 2 1 0 0 0 0 0 0 0 11 31-40 5
18:00 1 0 0 0 0 4 3 0 0 0 0 0 0 0 8 36-45 7
19:00 1 0 0 1 0 3 3 1 1 1 0 0 0 0 11 36-45 6
20:00 1 0 0 2 4 2 5 1 0 0 0 0 0 0 15 36-45 7
21:00 2 0 0 2 0 3 2 2 0 0 0 0 0 0 11 36-45 5
22:00 0 0 1 0 1 2 1 0 1 0 0 0 0 0 6 36-45 3
23:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
Total 59 1 3 15 42 57 34 17 7 2 0 0 0 0 237
Percent 24.9%0.4%1.3%6.3%17.7%24.1%14.3%7.2%3.0%0.8%0.0%0.0%0.0%0.0%
AM Peak 10:00 07:00 06:00 07:00 09:00 08:00 07:00 08:00 08:00 08:00 10:00
Vol.9 1 1 2 7 7 3 2 2 1 23
PM Peak 14:00 22:00 13:00 12:00 13:00 20:00 12:00 12:00 19:00 13:00
Vol.9 1 2 4 7 5 3 1 1 24 Page 100 of 325
Page 3
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 1 0 0 0 0 1 1 0 0 0 0 0 0 0 3 34-43 2
06:00 1 0 1 0 1 1 1 0 0 0 0 0 0 0 5 36-45 2
07:00 1 1 0 0 3 2 1 1 0 0 0 0 0 0 9 31-40 5
08:00 3 0 0 1 4 2 3 0 0 0 0 0 0 1 14 29-38 6
09:00 1 0 1 1 3 2 1 3 0 0 0 0 0 0 12 29-38 5
10:00 6 0 0 0 2 3 2 2 0 0 0 0 0 0 15 36-45 5
11:00 9 0 1 1 4 1 4 0 1 0 0 0 0 0 21 6-15 6
12 PM 7 0 0 2 3 1 0 2 1 0 0 0 0 0 16 26-35 5
13:00 12 0 0 1 3 4 4 0 0 0 0 0 0 0 24 36-45 8
14:00 4 0 0 1 1 3 2 1 0 0 0 0 0 0 12 36-45 5
15:00 8 0 0 1 4 3 2 0 2 0 0 0 0 0 20 30-39 7
16:00 4 0 0 1 1 3 5 1 0 0 0 0 0 0 15 36-45 8
17:00 4 0 0 0 2 4 4 3 1 0 0 0 0 0 18 35-44 8
18:00 2 0 0 3 0 1 2 1 1 0 1 0 0 0 11 41-50 3
19:00 4 0 0 1 1 0 3 1 2 1 0 0 0 0 13 41-50 4
20:00 2 0 0 0 3 2 3 0 0 0 0 0 0 0 10 30-39 5
21:00 2 0 0 0 1 1 1 3 1 0 0 0 0 0 9 46-55 4
22:00 0 0 0 1 1 0 0 0 0 0 0 0 0 0 2 24-33 2
23:00 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 30-39 2
Total 71 1 3 14 39 36 39 18 9 1 1 0 0 1 233
Percent 30.5%0.4%1.3%6.0%16.7%15.5%16.7%7.7%3.9%0.4%0.4%0.0%0.0%0.4%
AM Peak 11:00 07:00 06:00 08:00 08:00 10:00 11:00 09:00 11:00 08:00 11:00
Vol.9 1 1 1 4 3 4 3 1 1 21
PM Peak 13:00 18:00 15:00 13:00 16:00 17:00 15:00 19:00 18:00 13:00
Vol.12 3 4 4 5 3 2 1 1 24
Total 182 2 8 38 111 130 108 59 21 9 1 1 0 2 672
Percent 27.1%0.3%1.2%5.7%16.5%19.3%16.1%8.8%3.1%1.3%0.1%0.1%0.0%0.3%
15th Percentile : 8 MPH
50th Percentile : 34 MPH
85th Percentile : 44 MPH
95th Percentile : 49 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 241
Percent in Pace : 35.9%
Number of Vehicles > 50 MPH : 34
Percent of Vehicles > 50 MPH : 5.1%
Mean Speed(Average) : 31 MPHPage 101 of 325
Page 4
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
01:00 0 0 0 0 0 0 2 0 0 0 0 0 0 0 2 35-44 2
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 0 2 1 0 0 0 0 0 0 0 3 34-43 3
06:00 1 1 2 0 1 3 1 0 0 0 0 0 0 0 9 36-45 4
07:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
08:00 0 1 0 3 1 3 2 0 0 0 0 0 0 0 10 36-45 5
09:00 2 1 0 1 4 0 2 1 0 0 0 0 0 0 11 26-35 5
10:00 1 0 0 0 2 1 1 1 0 0 0 0 0 0 6 31-40 3
11:00 0 0 0 1 1 3 1 3 0 0 0 0 0 0 9 41-50 4
12 PM 0 0 0 2 2 5 5 1 0 0 0 0 0 0 15 36-45 10
13:00 3 0 0 1 3 3 1 0 0 0 0 0 0 0 11 30-39 6
14:00 4 0 1 3 0 1 1 2 0 0 0 0 0 0 12 21-30 4
15:00 1 0 0 1 3 2 3 0 0 0 0 0 0 0 10 29-38 5
16:00 1 0 0 1 0 5 1 3 2 0 0 0 0 0 13 34-43 6
17:00 1 0 0 0 1 3 4 0 1 0 0 0 0 0 10 36-45 7
18:00 0 0 0 0 2 3 1 2 1 0 0 0 0 0 9 31-40 5
19:00 0 0 0 0 0 0 2 5 0 0 0 0 0 0 7 41-50 7
20:00 0 0 0 1 2 2 1 0 0 0 0 0 0 0 6 31-40 4
21:00 0 0 0 1 0 2 3 0 0 0 0 0 0 0 6 36-45 5
22:00 0 0 0 0 0 3 1 0 0 0 0 0 0 0 4 34-43 4
23:00 0 0 0 0 0 1 1 0 0 0 0 0 0 0 2 34-43 2
Total 14 3 3 16 23 42 34 18 4 0 0 0 0 0 157
Percent 8.9%1.9%1.9%10.2%14.6%26.8%21.7%11.5%2.5%0.0%0.0%0.0%0.0%0.0%
AM Peak 09:00 06:00 06:00 08:00 09:00 06:00 01:00 11:00 09:00
Vol.2 1 2 3 4 3 2 3 11
PM Peak 14:00 14:00 14:00 13:00 12:00 12:00 19:00 16:00 12:00
Vol.4 1 3 3 5 5 5 2 15 Page 102 of 325
Page 5
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 *1
05:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
06:00 1 2 1 0 2 4 0 1 1 0 0 0 0 0 12 31-40 6
07:00 1 1 0 1 2 2 2 1 0 0 0 0 0 0 10 36-45 4
08:00 0 0 0 3 3 1 1 1 0 0 0 0 0 0 9 26-35 6
09:00 1 0 2 2 7 2 1 0 0 0 0 0 0 0 15 31-40 9
10:00 1 0 0 6 2 5 1 0 0 0 0 0 0 0 15 26-35 8
11:00 0 0 0 1 3 1 2 5 0 0 0 0 0 0 12 41-50 7
12 PM 0 0 0 1 3 4 4 2 0 0 0 0 0 0 14 36-45 8
13:00 0 0 0 2 5 5 3 1 0 1 0 0 0 0 17 31-40 10
14:00 2 0 0 1 3 1 4 3 0 0 0 0 0 0 14 40-49 7
15:00 1 0 0 0 4 2 2 0 1 0 0 0 0 0 10 31-40 6
16:00 2 0 1 1 4 6 3 2 0 0 0 0 0 0 19 31-40 10
17:00 0 0 0 2 2 1 1 0 0 0 0 0 0 0 6 26-35 4
18:00 1 0 0 0 2 1 4 1 0 0 0 0 0 0 9 35-44 5
19:00 2 0 0 0 1 2 3 2 0 0 0 0 0 0 10 41-50 5
20:00 2 0 0 3 1 6 2 1 0 0 0 0 0 0 15 36-45 8
21:00 0 0 1 0 3 2 3 2 0 0 0 0 0 0 11 41-50 5
22:00 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 30-39 2
23:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
Total 15 3 5 23 47 48 36 22 2 1 0 0 0 0 202
Percent 7.4%1.5%2.5%11.4%23.3%23.8%17.8%10.9%1.0%0.5%0.0%0.0%0.0%0.0%
AM Peak 04:00 06:00 09:00 10:00 09:00 10:00 07:00 11:00 06:00 09:00
Vol.1 2 2 6 7 5 2 5 1 15
PM Peak 14:00 16:00 20:00 13:00 16:00 12:00 14:00 15:00 13:00 16:00
Vol.2 1 3 5 6 4 3 1 1 19 Page 103 of 325
Page 6
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
01:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 1 0 1 1 0 0 0 0 0 0 3 39-48 2
06:00 3 0 1 0 1 0 2 0 0 0 1 0 0 0 8 41-50 2
07:00 0 0 0 1 1 2 0 1 0 0 0 0 0 0 5 31-40 3
08:00 1 0 1 1 2 1 1 0 0 0 0 0 0 0 7 31-40 3
09:00 0 0 0 2 7 2 1 0 0 1 0 0 0 0 13 31-40 9
10:00 3 0 0 0 4 3 3 1 0 0 0 0 0 0 14 31-40 7
11:00 1 0 2 1 6 3 2 0 0 0 0 0 0 0 15 30-39 9
12 PM 1 0 0 2 4 5 7 2 0 1 0 0 0 0 22 36-45 12
13:00 2 0 0 2 3 3 2 1 0 0 0 0 0 0 13 31-40 6
14:00 3 0 0 1 4 5 1 1 0 0 0 0 0 0 15 31-40 9
15:00 2 0 0 2 4 2 5 1 0 0 0 0 0 0 16 36-45 7
16:00 3 0 0 1 1 1 0 1 1 0 0 0 0 0 8 46-55 2
17:00 2 0 0 3 4 2 1 0 1 0 0 0 0 0 13 26-35 7
18:00 1 0 0 0 1 2 3 2 2 0 0 0 0 0 11 41-50 5
19:00 0 0 0 1 5 6 2 0 0 0 0 0 0 0 14 31-40 11
20:00 0 0 0 0 3 2 2 0 1 0 0 0 0 0 8 31-40 5
21:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
22:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
23:00 0 0 0 0 2 0 1 0 0 0 0 0 0 0 3 25-34 2
Total 22 0 4 17 54 42 34 11 5 2 1 0 0 0 192
Percent 11.5%0.0%2.1%8.9%28.1%21.9%17.7%5.7%2.6%1.0%0.5%0.0%0.0%0.0%
AM Peak 06:00 11:00 09:00 09:00 10:00 10:00 05:00 09:00 06:00 11:00
Vol.3 2 2 7 3 3 1 1 1 15
PM Peak 14:00 17:00 19:00 19:00 12:00 12:00 18:00 12:00 12:00
Vol.3 3 5 6 7 2 2 1 22
Total 51 6 12 56 124 132 104 51 11 3 1 0 0 0 551
Percent 9.3%1.1%2.2%10.2%22.5%24.0%18.9%9.3%2.0%0.5%0.2%0.0%0.0%0.0%
15th Percentile : 26 MPH
50th Percentile : 36 MPH
85th Percentile : 44 MPH
95th Percentile : 48 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 256
Percent in Pace : 46.5%
Number of Vehicles > 50 MPH : 15
Percent of Vehicles > 50 MPH : 2.7%
Mean Speed(Average) : 35 MPHPage 104 of 325
Page 1
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 2 1 3
01:00 0 2 2
02:00 1 0 1
03:00 0 0 0
04:00 0 0 0
05:00 2 3 5
06:00 3 9 12
07:00 8 1 9
08:00 10 10 20
09:00 12 11 23
10:00 17 6 23
11:00 14 9 23
12:00 PM 13 15 28
01:00 10 11 21
02:00 15 12 27
03:00 12 10 22
04:00 16 13 29
05:00 21 10 31
06:00 12 9 21
07:00 6 7 13
08:00 15 6 21
09:00 10 6 16
10:00 1 4 5
11:00 2 2 4
Total 202 157 359
Percent 56.3%43.7%
AM Peak -10:00 09:00 ------09:00
Vol.-17 11 ------23
PM Peak -17:00 12:00 ------17:00
Vol.-21 15 ------31Page 105 of 325
Page 2
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 1 0 1
01:00 1 0 1
02:00 0 0 0
03:00 0 0 0
04:00 0 1 1
05:00 0 1 1
06:00 5 12 17
07:00 8 10 18
08:00 17 9 26
09:00 14 15 29
10:00 23 15 38
11:00 12 12 24
12:00 PM 17 14 31
01:00 24 17 41
02:00 20 14 34
03:00 16 10 26
04:00 17 19 36
05:00 11 6 17
06:00 8 9 17
07:00 11 10 21
08:00 15 15 30
09:00 11 11 22
10:00 6 2 8
11:00 0 0 0
Total 237 202 439
Percent 54.0%46.0%
AM Peak -10:00 09:00 ------10:00
Vol.-23 15 ------38
PM Peak -13:00 16:00 ------13:00
Vol.-24 19 ------41Page 106 of 325
Page 3
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 1 1 2
01:00 0 1 1
02:00 1 0 1
03:00 0 0 0
04:00 0 0 0
05:00 3 3 6
06:00 5 8 13
07:00 9 5 14
08:00 14 7 21
09:00 12 13 25
10:00 15 14 29
11:00 21 15 36
12:00 PM 16 22 38
01:00 24 13 37
02:00 12 15 27
03:00 20 16 36
04:00 15 8 23
05:00 18 13 31
06:00 11 11 22
07:00 13 14 27
08:00 10 8 18
09:00 9 1 10
10:00 2 1 3
11:00 2 3 5
Total 233 192 425
Percent 54.8%45.2%
AM Peak -11:00 11:00 ------11:00
Vol.-21 15 ------36
PM Peak -13:00 12:00 ------12:00
Vol.-24 22 ------38
Grand Total 672 551 1223
Percent 54.9%45.1%
ADT ADT 408 AADT 408Page 107 of 325
Page 1
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 1 9 0 0 1 2 4 0 1 1 0 0 19 21-30 10
01:00 4 0 1 0 0 0 0 0 0 0 0 0 0 0 5 1-10 3
02:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
03:00 0 0 2 0 0 0 0 1 4 1 0 1 1 0 10 49-58 5
04:00 0 0 0 0 2 3 6 5 7 1 1 0 0 0 25 44-53 12
05:00 0 0 0 0 1 4 7 19 16 10 1 1 1 0 60 46-55 35
06:00 1 0 0 1 0 5 11 26 30 14 4 0 1 0 93 46-55 56
07:00 5 0 1 0 2 14 21 36 27 11 0 0 0 0 117 46-55 63
08:00 21 1 6 4 5 11 26 31 16 12 3 2 0 0 138 41-50 57
09:00 2 1 0 3 7 20 24 18 18 4 3 0 0 0 100 36-45 44
10:00 4 0 0 2 5 15 22 27 10 7 1 0 0 0 93 41-50 49
11:00 18 1 1 1 6 14 27 22 18 4 0 0 0 0 112 41-50 49
12 PM 21 0 3 2 13 21 31 19 14 8 0 1 0 0 133 36-45 52
13:00 16 0 1 8 7 16 13 16 14 5 1 0 0 1 98 44-53 30
14:00 19 1 1 0 10 19 19 24 14 7 1 0 0 0 115 41-50 43
15:00 3 0 0 6 11 24 16 28 16 2 2 2 0 0 110 46-55 44
16:00 17 0 2 4 12 14 18 19 19 4 1 0 0 0 110 44-53 38
17:00 50 0 0 0 3 20 20 26 24 9 1 0 0 0 153 46-55 50
18:00 15 0 0 4 6 9 20 24 15 7 2 1 0 0 103 41-50 44
19:00 10 0 0 1 1 9 10 13 11 3 0 0 0 0 58 46-55 24
20:00 14 0 0 1 6 8 11 13 10 1 1 0 0 0 65 41-50 24
21:00 8 0 0 1 2 9 11 8 4 0 0 1 0 0 44 36-45 20
22:00 10 0 0 1 2 3 6 5 1 0 0 0 0 0 28 40-49 11
23:00 9 0 0 1 0 1 2 2 0 0 0 0 0 0 15 6-15 6
Total 247 4 19 49 102 239 322 384 292 110 23 10 3 1 1805
Percent 13.7%0.2%1.1%2.7%5.7%13.2%17.8%21.3%16.2%6.1%1.3%0.6%0.2%0.1%
AM Peak 08:00 08:00 08:00 00:00 09:00 09:00 11:00 07:00 06:00 06:00 06:00 08:00 03:00 08:00
Vol.21 1 6 9 7 20 27 36 30 14 4 2 1 138
PM Peak 17:00 14:00 12:00 13:00 12:00 15:00 12:00 15:00 17:00 17:00 15:00 15:00 13:00 17:00
Vol.50 1 3 8 13 24 31 28 24 9 2 2 1 153 Page 108 of 325
Page 2
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 1 1 1 0 1 0 1 0 0 0 0 5 31-40 2
01:00 1 0 0 0 0 1 0 1 2 0 0 0 0 0 5 45-54 3
02:00 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 *1
03:00 1 0 0 1 0 1 1 1 1 3 1 0 0 0 10 56-65 4
04:00 1 0 0 0 2 1 5 5 6 5 0 0 0 0 25 44-53 11
05:00 2 0 0 1 0 5 8 9 22 5 2 0 0 0 54 46-55 31
06:00 13 2 0 1 0 6 11 20 19 11 6 1 0 0 90 46-55 39
07:00 6 0 0 0 5 9 21 40 26 11 2 0 0 0 120 46-55 66
08:00 13 0 3 0 3 16 25 37 26 9 1 0 0 0 133 46-55 63
09:00 16 3 1 4 6 24 22 22 18 2 4 0 0 0 122 36-45 46
10:00 17 1 1 4 9 22 22 29 17 3 0 0 0 0 125 41-50 51
11:00 15 0 0 1 7 21 25 26 14 7 3 0 0 0 119 41-50 51
12 PM 15 0 2 1 11 21 22 17 15 5 0 0 0 0 109 36-45 43
13:00 27 0 0 2 8 19 21 26 12 4 1 0 0 0 120 41-50 47
14:00 16 0 1 5 5 15 20 14 13 5 1 2 0 0 97 36-45 35
15:00 17 0 1 1 8 19 30 22 17 4 2 0 0 0 121 41-50 52
16:00 24 0 0 3 8 16 15 24 31 4 1 0 0 0 126 46-55 55
17:00 29 0 0 1 3 13 15 27 20 5 2 0 0 0 115 46-55 47
18:00 11 0 0 3 3 5 17 12 5 2 0 0 0 0 58 41-50 29
19:00 8 0 0 0 7 4 14 18 14 5 2 0 0 0 72 42-51 32
20:00 6 0 0 2 5 13 14 6 7 2 0 0 0 1 56 36-45 27
21:00 14 0 0 1 3 11 17 4 2 4 1 0 0 0 57 36-45 28
22:00 2 0 0 0 4 7 7 2 2 0 0 0 1 0 25 36-45 14
23:00 1 0 0 0 4 0 1 1 0 1 0 0 0 0 8 31-40 4
Total 256 6 9 32 102 250 333 364 289 98 29 3 1 1 1773
Percent 14.4%0.3%0.5%1.8%5.8%14.1%18.8%20.5%16.3%5.5%1.6%0.2%0.1%0.1%
AM Peak 10:00 09:00 08:00 09:00 10:00 09:00 08:00 07:00 07:00 06:00 06:00 06:00 08:00
Vol.17 3 3 4 9 24 25 40 26 11 6 1 133
PM Peak 17:00 12:00 14:00 12:00 12:00 15:00 17:00 16:00 12:00 15:00 14:00 22:00 20:00 16:00
Vol.29 2 5 11 21 30 27 31 5 2 2 1 1 126 Page 109 of 325
Page 3
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 1 0 0 0 1 2 1 0 1 0 0 0 0 0 6 36-45 3
01:00 0 0 0 0 0 0 0 1 1 1 0 0 0 0 3 44-53 2
02:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
03:00 1 0 1 0 0 0 0 1 4 3 0 1 0 0 11 50-59 7
04:00 0 0 0 0 1 2 2 11 7 0 1 1 0 0 25 46-55 18
05:00 1 0 0 1 1 4 10 13 23 6 1 0 0 0 60 46-55 36
06:00 0 0 0 0 1 2 11 33 24 6 1 1 0 1 80 46-55 57
07:00 31 0 2 2 4 14 32 36 24 5 1 0 0 1 152 41-50 68
08:00 11 0 2 3 6 14 18 25 37 6 2 1 0 0 125 46-55 62
09:00 12 0 1 1 8 12 22 30 15 3 1 0 0 0 105 41-50 52
10:00 4 0 2 1 5 17 28 23 17 1 1 0 0 0 99 41-50 51
11:00 4 0 0 4 6 18 24 20 20 8 1 0 0 0 105 41-50 44
12 PM 10 0 0 1 14 13 19 21 17 3 0 0 0 0 98 41-50 40
13:00 7 0 0 0 11 11 28 23 16 6 1 1 0 0 104 41-50 51
14:00 2 1 0 3 8 15 28 18 12 7 2 0 0 0 96 41-50 46
15:00 8 0 1 2 15 8 20 21 19 8 0 0 0 0 102 41-50 41
16:00 5 0 1 7 4 16 22 24 17 4 0 0 0 0 100 41-50 46
17:00 4 0 0 1 7 15 29 33 20 2 1 0 0 0 112 41-50 62
18:00 2 0 0 1 10 8 17 21 21 8 0 0 0 0 88 46-55 42
19:00 1 0 0 0 0 8 17 8 4 1 0 0 1 0 40 41-50 25
20:00 2 0 0 0 5 11 11 15 7 1 0 0 1 0 53 41-50 26
21:00 12 0 0 2 4 11 11 10 3 1 0 0 0 0 54 36-45 22
22:00 6 0 0 1 2 2 3 3 1 0 0 0 0 0 18 39-48 6
23:00 1 0 0 0 1 3 3 5 1 1 0 0 0 0 15 41-50 8
Total 125 1 10 31 114 206 356 395 311 81 13 5 2 2 1652
Percent 7.6%0.1%0.6%1.9%6.9%12.5%21.5%23.9%18.8%4.9%0.8%0.3%0.1%0.1%
AM Peak 07:00 07:00 11:00 09:00 11:00 07:00 07:00 08:00 11:00 08:00 03:00 06:00 07:00
Vol.31 2 4 8 18 32 36 37 8 2 1 1 152
PM Peak 21:00 14:00 15:00 16:00 15:00 16:00 17:00 17:00 18:00 15:00 14:00 13:00 19:00 17:00
Vol.12 1 1 7 15 16 29 33 21 8 2 1 1 112
Total 628 11 38 112 318 695 1011 1143 892 289 65 18 6 4 5230
Percent 12.0%0.2%0.7%2.1%6.1%13.3%19.3%21.9%17.1%5.5%1.2%0.3%0.1%0.1%
15th Percentile : 29 MPH
50th Percentile : 44 MPH
85th Percentile : 52 MPH
95th Percentile : 57 MPH
Stats 10 MPH Pace Speed : 41-50 MPH
Number in Pace : 2154
Percent in Pace : 41.2%
Number of Vehicles > 50 MPH : 1274
Percent of Vehicles > 50 MPH : 24.4%
Mean Speed(Average) : 41 MPHPage 110 of 325
Page 4
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 3 0 0 1 0 3 2 1 1 1 1 0 0 0 13 36-45 5
01:00 1 0 0 0 0 0 0 3 1 1 0 0 0 0 6 46-55 4
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 54-63 1
04:00 1 0 0 1 0 1 0 0 1 1 0 0 0 0 5 51-60 2
05:00 0 0 0 0 0 3 2 1 1 1 0 0 0 0 8 36-45 5
06:00 1 0 0 0 6 11 10 5 7 3 0 0 0 0 43 36-45 21
07:00 3 2 0 1 2 6 17 11 11 3 0 0 0 0 56 41-50 28
08:00 10 7 3 2 2 11 20 14 5 3 0 1 0 0 78 41-50 34
09:00 1 0 0 1 4 14 16 19 11 4 1 0 0 0 71 41-50 35
10:00 5 0 0 2 6 15 18 24 21 2 0 0 0 0 93 46-55 45
11:00 19 0 6 1 6 11 22 26 23 6 1 0 0 0 121 46-55 49
12 PM 15 0 1 3 10 8 31 33 24 7 0 0 0 0 132 41-50 64
13:00 6 0 0 0 4 9 12 46 14 4 0 0 0 0 95 45-54 60
14:00 17 0 0 2 6 8 11 25 21 7 3 0 0 1 101 46-55 46
15:00 4 0 0 0 6 6 17 37 41 10 0 0 0 0 121 46-55 78
16:00 12 0 0 0 5 7 33 44 33 6 0 1 0 1 142 46-55 77
17:00 16 0 0 0 6 7 27 57 56 14 1 0 0 0 184 46-55 113
18:00 6 0 0 1 1 4 19 35 44 12 3 0 0 0 125 46-55 79
19:00 12 3 3 0 1 3 7 27 21 15 2 0 0 0 94 46-55 48
20:00 17 2 6 0 1 6 17 18 13 6 1 0 0 0 87 41-50 35
21:00 21 2 1 0 5 4 10 32 16 4 1 0 0 1 97 46-55 48
22:00 3 0 0 0 0 1 3 7 10 4 2 1 0 0 31 46-55 17
23:00 3 0 0 1 0 1 1 8 6 1 0 0 0 0 21 46-55 14
Total 176 16 20 16 71 139 295 473 381 115 17 3 0 3 1725
Percent 10.2%0.9%1.2%0.9%4.1%8.1%17.1%27.4%22.1%6.7%1.0%0.2%0.0%0.2%
AM Peak 11:00 08:00 11:00 08:00 06:00 10:00 11:00 11:00 11:00 11:00 00:00 08:00 11:00
Vol.19 7 6 2 6 15 22 26 23 6 1 1 121
PM Peak 21:00 19:00 20:00 12:00 12:00 13:00 16:00 17:00 17:00 19:00 14:00 16:00 14:00 17:00
Vol.21 3 6 3 10 9 33 57 56 15 3 1 1 184 Page 111 of 325
Page 5
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 2 1 0 0 0 0 0 0 3 39-48 3
01:00 1 0 0 0 0 0 1 0 1 0 0 0 0 0 3 *1
02:00 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 34-43 1
03:00 0 0 0 0 1 0 0 0 2 0 0 0 0 0 3 45-54 2
04:00 1 0 0 2 0 3 0 2 1 0 1 0 0 0 10 46-55 3
05:00 1 0 2 0 0 1 2 0 0 1 0 0 0 0 7 36-45 3
06:00 6 0 0 0 1 3 3 11 5 2 1 0 0 0 32 45-54 16
07:00 12 1 0 0 4 13 13 9 6 0 1 0 0 0 59 36-45 26
08:00 15 3 1 1 4 11 22 20 4 1 0 0 0 0 82 41-50 42
09:00 17 0 0 1 7 17 15 10 12 1 0 0 0 0 80 36-45 32
10:00 15 0 0 1 7 12 17 26 10 2 1 0 0 0 91 41-50 43
11:00 5 0 0 2 4 11 32 30 18 4 0 0 0 0 106 41-50 62
12 PM 13 0 1 1 3 12 26 39 13 4 0 0 0 0 112 41-50 65
13:00 20 0 0 2 10 16 28 29 12 1 1 1 0 0 120 41-50 57
14:00 8 0 0 1 2 13 11 35 18 4 1 1 0 0 94 46-55 53
15:00 6 0 0 0 1 5 22 38 40 9 2 0 0 0 123 46-55 78
16:00 15 0 0 0 4 11 13 34 38 10 1 0 0 0 126 46-55 72
17:00 15 0 0 0 3 5 9 44 66 18 4 0 0 0 164 46-55 110
18:00 8 0 0 0 0 4 9 27 31 9 1 1 0 0 90 46-55 58
19:00 7 0 0 0 2 4 13 20 34 12 3 0 0 1 96 46-55 54
20:00 22 9 2 0 4 9 12 28 23 6 2 0 0 0 117 46-55 51
21:00 24 4 4 1 2 6 11 24 16 5 0 0 0 0 97 46-55 40
22:00 10 1 0 1 0 0 2 6 2 3 1 0 0 0 26 41-50 8
23:00 0 0 0 0 1 2 1 2 2 1 1 0 0 0 10 46-55 4
Total 221 18 10 13 60 158 265 435 354 93 21 3 0 1 1652
Percent 13.4%1.1%0.6%0.8%3.6%9.6%16.0%26.3%21.4%5.6%1.3%0.2%0.0%0.1%
AM Peak 09:00 08:00 05:00 04:00 09:00 09:00 11:00 11:00 11:00 11:00 04:00 11:00
Vol.17 3 2 2 7 17 32 30 18 4 1 106
PM Peak 21:00 20:00 21:00 13:00 13:00 13:00 13:00 17:00 17:00 17:00 17:00 13:00 19:00 17:00
Vol.24 9 4 2 10 16 28 44 66 18 4 1 1 164 Page 112 of 325
Page 6
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 0 0 4 0 2 0 0 0 0 7 41-50 4
01:00 0 0 0 0 0 1 0 0 3 0 0 0 0 0 4 46-55 3
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 1 0 0 0 0 0 1 0 1 0 3 24-33 1
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 1 0 0 0 0 0 3 2 2 2 0 0 0 0 10 41-50 5
06:00 8 0 0 2 8 8 7 11 9 2 0 0 0 0 55 45-54 20
07:00 20 0 0 1 10 9 9 9 6 2 0 0 0 0 66 31-40 19
08:00 9 4 2 2 3 9 10 13 13 3 1 0 0 0 69 46-55 26
09:00 6 0 0 3 3 11 24 21 11 1 1 0 0 1 82 41-50 45
10:00 4 0 0 0 6 12 30 25 20 5 1 0 0 0 103 41-50 55
11:00 4 0 0 1 3 8 26 31 15 4 0 0 0 0 92 41-50 57
12 PM 8 0 0 0 3 10 30 38 29 12 0 0 0 0 130 41-50 68
13:00 3 0 0 0 3 14 26 31 27 5 3 0 0 1 113 46-55 58
14:00 8 0 0 2 2 9 20 26 17 5 1 1 0 0 91 41-50 46
15:00 9 0 1 3 3 15 25 23 29 16 0 1 0 1 126 46-55 52
16:00 4 0 0 0 2 7 22 41 37 12 4 0 0 1 130 46-55 78
17:00 4 0 0 0 0 11 9 53 66 22 3 0 0 0 168 46-55 119
18:00 5 0 0 1 2 4 16 30 32 13 5 0 0 0 108 46-55 62
19:00 0 0 0 2 6 7 11 22 22 14 4 0 0 0 88 46-55 44
20:00 17 1 2 0 2 5 10 28 23 4 1 0 0 1 94 46-55 51
21:00 21 4 2 1 4 5 14 15 8 4 0 0 0 0 78 41-50 29
22:00 4 0 0 0 0 2 6 6 6 3 0 0 0 0 27 41-50 12
23:00 3 0 0 0 0 2 3 5 7 3 0 0 1 0 24 46-55 12
Total 138 9 7 18 62 149 301 434 382 134 25 2 2 5 1668
Percent 8.3%0.5%0.4%1.1%3.7%8.9%18.0%26.0%22.9%8.0%1.5%0.1%0.1%0.3%
AM Peak 07:00 08:00 08:00 09:00 07:00 10:00 10:00 11:00 10:00 10:00 03:00 03:00 09:00 10:00
Vol.20 4 2 3 10 12 30 31 20 5 1 1 1 103
PM Peak 21:00 21:00 20:00 15:00 19:00 15:00 12:00 17:00 17:00 17:00 18:00 14:00 23:00 13:00 17:00
Vol.21 4 2 3 6 15 30 53 66 22 5 1 1 1 168
Total 535 43 37 47 193 446 861 1342 1117 342 63 8 2 9 5045
Percent 10.6%0.9%0.7%0.9%3.8%8.8%17.1%26.6%22.1%6.8%1.2%0.2%0.0%0.2%
15th Percentile : 32 MPH
50th Percentile : 46 MPH
85th Percentile : 53 MPH
95th Percentile : 57 MPH
Stats 10 MPH Pace Speed : 46-55 MPH
Number in Pace : 2459
Percent in Pace : 48.7%
Number of Vehicles > 50 MPH : 1541
Percent of Vehicles > 50 MPH : 30.5%
Mean Speed(Average) : 43 MPHPage 113 of 325
Page 1
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 19 13 32
01:00 5 6 11
02:00 1 0 1
03:00 10 1 11
04:00 25 5 30
05:00 60 8 68
06:00 93 43 136
07:00 117 56 173
08:00 138 78 216
09:00 100 71 171
10:00 93 93 186
11:00 112 121 233
12:00 PM 133 132 265
01:00 98 95 193
02:00 115 101 216
03:00 110 121 231
04:00 110 142 252
05:00 153 184 337
06:00 103 125 228
07:00 58 94 152
08:00 65 87 152
09:00 44 97 141
10:00 28 31 59
11:00 15 21 36
Total 1805 1725 3530
Percent 51.1%48.9%
AM Peak -08:00 11:00 ------11:00
Vol.-138 121 ------233
PM Peak -17:00 17:00 ------17:00
Vol.-153 184 ------337Page 114 of 325
Page 2
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 5 3 8
01:00 5 3 8
02:00 1 1 2
03:00 10 3 13
04:00 25 10 35
05:00 54 7 61
06:00 90 32 122
07:00 120 59 179
08:00 133 82 215
09:00 122 80 202
10:00 125 91 216
11:00 119 106 225
12:00 PM 109 112 221
01:00 120 120 240
02:00 97 94 191
03:00 121 123 244
04:00 126 126 252
05:00 115 164 279
06:00 58 90 148
07:00 72 96 168
08:00 56 117 173
09:00 57 97 154
10:00 25 26 51
11:00 8 10 18
Total 1773 1652 3425
Percent 51.8%48.2%
AM Peak -08:00 11:00 ------11:00
Vol.-133 106 ------225
PM Peak -16:00 17:00 ------17:00
Vol.-126 164 ------279Page 115 of 325
Page 3
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 6 7 13
01:00 3 4 7
02:00 1 0 1
03:00 11 3 14
04:00 25 0 25
05:00 60 10 70
06:00 80 55 135
07:00 152 66 218
08:00 125 69 194
09:00 105 82 187
10:00 99 103 202
11:00 105 92 197
12:00 PM 98 130 228
01:00 104 113 217
02:00 96 91 187
03:00 102 126 228
04:00 100 130 230
05:00 112 168 280
06:00 88 108 196
07:00 40 88 128
08:00 53 94 147
09:00 54 78 132
10:00 18 27 45
11:00 15 24 39
Total 1652 1668 3320
Percent 49.8%50.2%
AM Peak -07:00 10:00 ------07:00
Vol.-152 103 ------218
PM Peak -17:00 17:00 ------17:00
Vol.-112 168 ------280
Grand Total 5230 5045 10275
Percent 50.9%49.1%
ADT ADT 3,425 AADT 3,425Page 116 of 325
Page 1
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 8 1 0 0 0 5 0 2 0 0 0 0 0 0 16 36-45 5
01:00 0 0 0 0 0 1 2 0 0 0 0 0 0 0 3 35-44 3
02:00 0 0 0 0 0 0 1 1 4 2 2 1 1 0 12 51-60 6
03:00 0 0 0 0 0 0 7 9 17 2 1 0 0 0 36 46-55 26
04:00 0 0 0 0 0 0 2 22 39 20 4 0 0 0 87 46-55 61
05:00 1 0 0 1 7 6 19 39 38 18 7 0 1 0 137 46-55 77
06:00 5 2 13 24 40 41 29 14 5 0 0 0 0 0 173 31-40 81
07:00 6 0 3 22 35 48 29 20 5 1 1 0 0 0 170 31-40 83
08:00 6 3 4 26 44 22 21 10 1 0 0 0 0 0 137 26-35 70
09:00 27 0 2 23 35 26 18 7 2 1 0 0 0 0 141 31-40 61
10:00 64 0 3 6 10 30 20 13 4 2 0 0 0 0 152 36-45 50
11:00 104 0 0 0 1 10 18 13 6 2 1 0 0 0 155 6-15 69
12 PM 111 0 0 0 0 6 8 6 6 2 0 0 0 0 139 6-15 74
13:00 108 0 0 0 2 2 6 3 5 2 0 0 0 0 128 1-10 72
14:00 132 0 0 0 0 2 7 7 7 1 0 0 0 0 156 6-15 88
15:00 111 0 0 0 0 1 7 5 9 4 0 0 0 0 137 1-10 74
16:00 130 0 0 0 0 1 7 5 12 2 1 0 0 0 158 1-10 87
17:00 82 0 0 0 1 3 5 11 16 6 1 0 0 0 125 1-10 55
18:00 57 0 0 0 0 0 4 8 11 3 1 0 0 0 84 6-15 38
19:00 19 0 0 0 1 3 9 21 19 3 0 0 0 0 75 46-55 40
20:00 6 0 0 0 0 3 6 24 10 3 0 0 0 0 52 46-55 34
21:00 0 0 0 0 1 1 2 12 8 2 0 0 0 0 26 46-55 20
22:00 0 0 0 0 1 0 2 5 2 1 0 0 0 0 11 46-55 7
23:00 1 0 0 0 1 0 1 1 2 0 0 0 0 0 6 44-53 3
Total 978 6 25 102 179 211 230 258 228 77 19 1 2 0 2316
Percent 42.2%0.3%1.1%4.4%7.7%9.1%9.9%11.1%9.8%3.3%0.8%0.0%0.1%0.0%
AM Peak 11:00 08:00 06:00 08:00 08:00 07:00 06:00 05:00 04:00 04:00 05:00 02:00 02:00 06:00
Vol.104 3 13 26 44 48 29 39 39 20 7 1 1 173
PM Peak 14:00 13:00 12:00 19:00 20:00 19:00 17:00 16:00 16:00
Vol.132 2 6 9 24 19 6 1 158 Page 117 of 325
Page 2
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 1 0 0 0 0 0 1 0 3 0 0 0 0 0 5 45-54 3
01:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
02:00 0 0 0 0 0 0 2 1 4 1 3 1 0 0 12 45-54 5
03:00 0 0 0 0 0 1 3 10 13 7 4 0 0 0 38 46-55 23
04:00 0 1 1 0 2 1 7 18 32 13 4 1 0 0 80 46-55 50
05:00 18 21 30 28 10 7 5 2 0 0 0 0 0 0 121 21-30 58
06:00 28 32 47 37 19 2 1 0 0 0 0 0 0 0 166 21-30 84
07:00 71 12 39 19 9 2 0 0 0 0 0 0 0 0 152 21-30 58
08:00 85 5 23 16 8 2 0 0 0 0 0 0 0 0 139 1-10 57
09:00 149 3 10 5 3 0 0 0 0 0 0 0 0 0 170 6-15 99
10:00 110 1 6 7 2 0 0 0 0 0 0 0 0 0 126 6-15 73
11:00 144 0 1 4 1 0 0 0 0 0 0 0 0 0 150 6-15 96
12 PM 95 1 3 1 4 4 2 2 2 1 0 0 0 0 115 6-15 63
13:00 114 0 0 1 0 1 1 2 1 1 0 0 0 0 121 6-15 76
14:00 109 0 0 0 2 2 2 0 3 1 0 0 0 0 119 1-10 73
15:00 133 0 0 0 1 2 1 1 1 1 1 0 0 0 141 1-10 89
16:00 126 0 0 0 0 0 4 2 6 3 0 0 0 0 141 1-10 84
17:00 69 0 0 0 0 1 4 2 3 2 0 0 0 0 81 1-10 46
18:00 60 0 0 0 0 2 1 11 15 4 0 0 0 0 93 1-10 40
19:00 30 0 0 0 1 5 8 11 10 0 1 0 0 0 66 46-55 21
20:00 18 0 0 0 0 2 16 14 7 4 1 0 0 0 62 41-50 30
21:00 4 0 0 0 1 0 12 11 3 2 0 0 0 0 33 41-50 23
22:00 1 0 0 0 0 3 3 1 2 0 0 0 0 0 10 36-45 6
23:00 0 0 0 0 0 0 1 3 3 0 0 0 0 0 7 46-55 6
Total 1365 76 160 118 64 37 74 91 108 40 14 2 0 0 2149
Percent 63.5%3.5%7.4%5.5%3.0%1.7%3.4%4.2%5.0%1.9%0.7%0.1%0.0%0.0%
AM Peak 09:00 06:00 06:00 06:00 06:00 05:00 04:00 04:00 04:00 04:00 03:00 02:00 09:00
Vol.149 32 47 37 19 7 7 18 32 13 4 1 170
PM Peak 15:00 12:00 12:00 12:00 12:00 19:00 20:00 20:00 18:00 18:00 15:00 15:00
Vol.133 1 3 1 4 5 16 14 15 4 1 141 Page 118 of 325
Page 3
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 0 1 0 0 1 3 0 0 0 0 5 51-60 4
01:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
02:00 0 0 0 0 0 1 3 0 6 1 1 0 1 1 14 51-60 7
03:00 0 0 0 0 2 0 1 13 17 7 1 0 0 0 41 46-55 30
04:00 1 0 0 0 0 1 4 21 36 17 3 0 0 0 83 46-55 57
05:00 2 0 0 0 0 1 11 33 50 18 3 3 0 0 121 46-55 83
06:00 1 0 0 1 0 7 23 49 61 19 4 0 0 0 165 46-55 110
07:00 11 0 0 2 4 10 27 48 41 14 3 2 0 0 162 46-55 89
08:00 52 0 0 3 7 7 16 19 22 7 1 0 0 0 134 46-55 41
09:00 55 0 0 1 4 12 22 20 11 2 0 1 0 0 128 41-50 42
10:00 98 0 0 1 1 8 13 17 8 5 1 0 0 0 152 6-15 65
11:00 133 0 0 0 3 3 4 4 1 0 0 0 0 0 148 1-10 89
12 PM 126 0 0 0 1 0 1 3 1 0 0 0 0 0 132 6-15 84
13:00 120 0 0 0 0 0 2 3 2 1 0 0 0 0 128 6-15 80
14:00 116 0 0 0 0 0 1 0 2 1 0 0 0 0 120 6-15 77
15:00 123 0 0 0 1 2 0 2 2 0 0 0 0 0 130 6-15 82
16:00 122 0 0 0 0 0 2 1 3 2 0 0 0 0 130 6-15 81
17:00 126 0 0 0 0 1 3 1 5 3 0 0 0 0 139 1-10 84
18:00 57 0 0 0 0 1 3 5 3 2 0 0 0 0 71 6-15 38
19:00 35 0 0 0 0 1 6 12 15 3 1 0 0 0 73 46-55 27
20:00 19 0 0 0 1 5 11 20 11 0 0 0 0 0 67 46-55 31
21:00 9 0 0 0 0 3 4 4 4 0 0 0 0 0 24 46-55 8
22:00 2 0 0 0 1 0 3 7 2 0 1 0 0 0 16 41-50 10
23:00 1 0 0 0 0 2 0 0 0 1 0 0 0 0 4 30-39 2
Total 1209 0 0 8 26 66 160 282 304 106 19 6 1 1 2188
Percent 55.3%0.0%0.0%0.4%1.2%3.0%7.3%12.9%13.9%4.8%0.9%0.3%0.0%0.0%
AM Peak 11:00 08:00 08:00 09:00 07:00 06:00 06:00 06:00 06:00 05:00 02:00 02:00 06:00
Vol.133 3 7 12 27 49 61 19 4 3 1 1 165
PM Peak 12:00 12:00 20:00 20:00 20:00 19:00 17:00 19:00 17:00
Vol.126 1 5 11 20 15 3 1 139
Total 3552 82 185 228 269 314 464 631 640 223 52 9 3 1 6653
Percent 53.4%1.2%2.8%3.4%4.0%4.7%7.0%9.5%9.6%3.4%0.8%0.1%0.0%0.0%
15th Percentile : 4 MPH
50th Percentile : 14 MPH
85th Percentile : 49 MPH
95th Percentile : 54 MPH
Stats 10 MPH Pace Speed : 6-15 MPH
Number in Pace : 2368
Percent in Pace : 35.6%
Number of Vehicles > 50 MPH : 928
Percent of Vehicles > 50 MPH : 13.9%
Mean Speed(Average) : 24 MPHPage 119 of 325
Page 4
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 1 0 0 0 2 1 1 0 1 0 0 0 6 41-50 3
01:00 0 0 0 0 1 0 0 2 1 0 0 0 0 0 4 44-53 3
02:00 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 54-63 1
03:00 0 0 0 1 0 0 2 0 1 1 0 0 0 0 5 51-60 2
04:00 0 0 0 0 0 0 2 4 3 0 0 0 0 0 9 44-53 7
05:00 3 0 0 1 7 10 10 14 4 5 0 0 0 0 54 41-50 24
06:00 4 1 3 6 7 19 18 14 8 0 0 0 0 0 80 36-45 37
07:00 2 0 0 4 5 29 29 20 4 2 0 0 0 0 95 36-45 58
08:00 2 0 1 15 31 30 16 8 1 0 0 0 0 0 104 31-40 61
09:00 17 1 0 8 37 37 23 17 2 2 0 0 0 0 144 31-40 74
10:00 20 0 0 9 23 40 39 31 10 2 0 0 0 0 174 36-45 79
11:00 20 0 0 2 10 21 31 48 34 7 0 0 0 0 173 46-55 82
12 PM 15 0 0 4 9 14 41 36 18 7 0 0 0 1 145 41-50 77
13:00 23 0 0 1 10 14 25 41 26 6 1 0 0 0 147 46-55 67
14:00 26 0 0 0 1 9 31 57 39 5 1 0 0 0 169 46-55 96
15:00 24 0 0 1 1 6 36 66 53 12 3 1 0 0 203 46-55 119
16:00 38 0 0 0 2 6 41 66 79 15 4 0 0 0 251 46-55 145
17:00 13 0 0 0 0 3 18 54 60 24 2 0 0 0 174 46-55 114
18:00 15 0 0 0 0 1 9 36 41 19 4 0 0 0 125 46-55 77
19:00 6 0 0 0 0 6 18 39 21 13 5 0 0 0 108 46-55 60
20:00 2 0 0 1 2 5 17 25 31 9 2 1 0 0 95 46-55 56
21:00 1 0 0 0 0 2 8 11 14 5 3 0 0 0 44 46-55 25
22:00 0 0 0 0 0 1 4 12 9 2 0 2 0 0 30 46-55 21
23:00 0 0 0 0 0 2 0 3 0 0 0 0 0 1 6 46-55 3
Total 231 2 5 53 146 255 420 605 460 136 27 4 0 2 2346
Percent 9.8%0.1%0.2%2.3%6.2%10.9%17.9%25.8%19.6%5.8%1.2%0.2%0.0%0.1%
AM Peak 10:00 06:00 06:00 08:00 09:00 10:00 10:00 11:00 11:00 11:00 00:00 10:00
Vol.20 1 3 15 37 40 39 48 34 7 1 174
PM Peak 16:00 12:00 13:00 12:00 12:00 15:00 16:00 17:00 19:00 22:00 12:00 16:00
Vol.38 4 10 14 41 66 79 24 5 2 1 251 Page 120 of 325
Page 5
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 0 2 1 0 0 0 0 0 3 44-53 3
01:00 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 39-48 1
02:00 0 0 0 0 1 0 0 0 2 1 0 0 0 0 4 49-58 3
03:00 0 0 0 0 0 2 0 4 1 0 0 0 0 0 7 44-53 5
04:00 0 1 1 0 0 4 1 0 0 1 0 0 0 0 8 34-43 5
05:00 1 0 4 6 9 12 5 2 2 1 0 0 0 0 42 31-40 21
06:00 13 0 19 36 7 2 0 0 0 0 0 0 0 0 77 21-30 55
07:00 21 1 12 38 23 5 0 0 0 0 0 0 0 0 100 26-35 61
08:00 17 0 5 44 34 6 0 0 0 0 0 0 0 0 106 26-35 78
09:00 23 0 7 22 29 8 1 1 0 0 0 0 0 0 91 26-35 51
10:00 31 1 3 33 38 7 1 0 0 0 0 0 0 0 114 26-35 71
11:00 36 1 0 32 48 16 2 1 0 1 0 0 0 0 137 26-35 80
12 PM 28 0 0 7 24 34 19 7 1 1 1 0 0 0 122 31-40 58
13:00 24 0 0 0 11 23 23 28 14 4 0 0 0 0 127 41-50 51
14:00 33 0 0 0 8 20 36 33 26 3 0 0 0 0 159 41-50 69
15:00 35 0 0 0 1 6 29 58 47 13 1 0 0 0 190 46-55 105
16:00 49 0 0 0 2 1 29 60 72 21 1 1 0 0 236 46-55 132
17:00 21 0 0 1 0 0 22 41 37 27 1 0 1 0 151 46-55 78
18:00 17 0 0 1 4 3 15 42 46 11 2 0 0 0 141 46-55 88
19:00 4 0 0 0 1 8 31 45 31 10 3 1 0 0 134 41-50 76
20:00 7 0 0 2 2 10 16 24 20 5 0 0 0 0 86 46-55 44
21:00 0 0 0 0 0 4 7 13 5 4 1 0 0 1 35 41-50 20
22:00 0 0 0 0 1 0 1 3 7 0 0 0 1 0 13 46-55 10
23:00 0 0 0 0 1 0 1 3 2 1 0 0 1 0 9 46-55 5
Total 360 4 51 222 244 171 239 368 314 104 10 2 3 1 2093
Percent 17.2%0.2%2.4%10.6%11.7%8.2%11.4%17.6%15.0%5.0%0.5%0.1%0.1%0.0%
AM Peak 11:00 04:00 06:00 08:00 11:00 11:00 05:00 03:00 02:00 02:00 11:00
Vol.36 1 19 44 48 16 5 4 2 1 137
PM Peak 16:00 12:00 12:00 12:00 14:00 16:00 16:00 17:00 19:00 16:00 17:00 21:00 16:00
Vol.49 7 24 34 36 60 72 27 3 1 1 1 236 Page 121 of 325
Page 6
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 1 0 3 1 1 0 0 0 0 7 46-55 4
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 1 0 0 0 1 0 0 0 0 0 2 24-33 1
03:00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 64-73 1
04:00 0 0 0 0 0 2 1 4 3 1 0 0 0 0 11 45-54 7
05:00 2 0 1 3 6 7 14 20 2 1 0 0 0 0 56 41-50 34
06:00 4 0 0 3 5 22 13 15 7 2 0 0 0 0 71 36-45 35
07:00 10 0 0 2 9 23 18 24 13 2 0 0 0 0 101 39-48 42
08:00 21 0 0 4 8 28 30 21 8 2 0 0 0 0 122 36-45 58
09:00 22 0 0 1 12 25 36 24 10 2 1 2 0 1 136 36-45 61
10:00 27 2 0 2 5 20 33 24 22 4 2 0 0 0 141 41-50 57
11:00 33 0 0 1 8 24 37 42 16 6 1 0 0 1 169 41-50 79
12 PM 32 0 0 1 9 19 41 29 23 10 1 0 0 0 165 41-50 70
13:00 32 0 0 0 2 13 18 36 21 11 1 0 0 0 134 46-55 57
14:00 36 0 1 0 1 6 27 47 40 15 0 2 0 0 175 46-55 87
15:00 30 0 0 0 8 17 37 57 34 13 2 0 0 0 198 41-50 94
16:00 39 0 0 1 2 5 20 50 54 15 4 0 0 0 190 46-55 104
17:00 24 0 0 0 1 5 18 45 60 25 3 0 0 0 181 46-55 105
18:00 17 0 0 1 3 3 14 44 24 15 2 2 0 0 125 46-55 68
19:00 11 0 0 0 1 7 15 40 36 7 1 0 0 1 119 46-55 76
20:00 1 0 0 0 3 5 19 26 17 2 1 0 1 0 75 41-50 45
21:00 0 0 0 0 0 1 8 12 12 2 0 0 0 0 35 46-55 24
22:00 1 0 0 0 1 1 1 12 8 1 1 0 0 1 27 46-55 20
23:00 0 0 0 0 0 1 0 2 8 1 0 0 0 0 12 46-55 10
Total 342 2 2 19 86 235 400 577 420 138 20 6 2 4 2253
Percent 15.2%0.1%0.1%0.8%3.8%10.4%17.8%25.6%18.6%6.1%0.9%0.3%0.1%0.2%
AM Peak 11:00 10:00 05:00 08:00 09:00 08:00 11:00 11:00 10:00 11:00 10:00 09:00 03:00 09:00 11:00
Vol.33 2 1 4 12 28 37 42 22 6 2 2 1 1 169
PM Peak 16:00 14:00 12:00 12:00 12:00 12:00 15:00 17:00 17:00 16:00 14:00 20:00 19:00 15:00
Vol.39 1 1 9 19 41 57 60 25 4 2 1 1 198
Total 933 8 58 294 476 661 1059 1550 1194 378 57 12 5 7 6692
Percent 13.9%0.1%0.9%4.4%7.1%9.9%15.8%23.2%17.8%5.6%0.9%0.2%0.1%0.1%
15th Percentile : 25 MPH
50th Percentile : 44 MPH
85th Percentile : 52 MPH
95th Percentile : 56 MPH
Stats 10 MPH Pace Speed : 46-55 MPH
Number in Pace : 2744
Percent in Pace : 41.0%
Number of Vehicles > 50 MPH : 1653
Percent of Vehicles > 50 MPH : 24.7%
Mean Speed(Average) : 40 MPHPage 122 of 325
Page 1
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 16 6 22
01:00 3 4 7
02:00 12 1 13
03:00 36 5 41
04:00 87 9 96
05:00 137 54 191
06:00 173 80 253
07:00 170 95 265
08:00 137 104 241
09:00 141 144 285
10:00 152 174 326
11:00 155 173 328
12:00 PM 139 145 284
01:00 128 147 275
02:00 156 169 325
03:00 137 203 340
04:00 158 251 409
05:00 125 174 299
06:00 84 125 209
07:00 75 108 183
08:00 52 95 147
09:00 26 44 70
10:00 11 30 41
11:00 6 6 12
Total 2316 2346 4662
Percent 49.7%50.3%
AM Peak -06:00 10:00 ------11:00
Vol.-173 174 ------328
PM Peak -16:00 16:00 ------16:00
Vol.-158 251 ------409Page 123 of 325
Page 2
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 5 3 8
01:00 1 1 2
02:00 12 4 16
03:00 38 7 45
04:00 80 8 88
05:00 121 42 163
06:00 166 77 243
07:00 152 100 252
08:00 139 106 245
09:00 170 91 261
10:00 126 114 240
11:00 150 137 287
12:00 PM 115 122 237
01:00 121 127 248
02:00 119 159 278
03:00 141 190 331
04:00 141 236 377
05:00 81 151 232
06:00 93 141 234
07:00 66 134 200
08:00 62 86 148
09:00 33 35 68
10:00 10 13 23
11:00 7 9 16
Total 2149 2093 4242
Percent 50.7%49.3%
AM Peak -09:00 11:00 ------11:00
Vol.-170 137 ------287
PM Peak -15:00 16:00 ------16:00
Vol.-141 236 ------377Page 124 of 325
Page 3
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 5 7 12
01:00 1 0 1
02:00 14 2 16
03:00 41 1 42
04:00 83 11 94
05:00 121 56 177
06:00 165 71 236
07:00 162 101 263
08:00 134 122 256
09:00 128 136 264
10:00 152 141 293
11:00 148 169 317
12:00 PM 132 165 297
01:00 128 134 262
02:00 120 175 295
03:00 130 198 328
04:00 130 190 320
05:00 139 181 320
06:00 71 125 196
07:00 73 119 192
08:00 67 75 142
09:00 24 35 59
10:00 16 27 43
11:00 4 12 16
Total 2188 2253 4441
Percent 49.3%50.7%
AM Peak -06:00 11:00 ------11:00
Vol.-165 169 ------317
PM Peak -17:00 15:00 ------15:00
Vol.-139 198 ------328
Grand Total 6653 6692 13345
Percent 49.9%50.1%
ADT ADT 4,448 AADT 4,448Page 125 of 325
Page 1
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 0 0 5 3 5 2 1 0 0 0 0 0 16 36-45 8
01:00 16 0 0 0 1 1 2 0 0 0 0 0 0 0 20 1-10 11
02:00 0 0 0 0 1 1 1 0 0 0 0 0 0 0 3 29-38 2
03:00 0 0 0 0 0 1 3 6 1 1 0 0 0 0 12 41-50 9
04:00 1 0 0 0 3 6 15 12 3 1 0 0 0 0 41 41-50 27
05:00 1 0 0 0 5 18 38 30 4 0 0 0 0 0 96 41-50 68
06:00 0 1 3 1 3 23 47 46 18 4 0 0 0 0 146 41-50 93
07:00 2 2 2 6 26 52 76 30 3 0 0 0 0 0 199 36-45 128
08:00 0 1 3 4 22 65 59 29 4 0 0 0 0 0 187 36-45 124
09:00 2 0 0 9 23 68 47 11 2 0 0 0 0 0 162 36-45 115
10:00 0 0 0 13 22 78 44 11 0 2 0 0 0 0 170 36-45 122
11:00 5 0 0 3 27 67 52 18 1 0 0 0 0 0 173 36-45 119
12 PM 15 6 5 9 32 61 57 20 3 0 0 0 0 0 208 36-45 118
13:00 3 0 1 0 15 50 68 20 3 0 0 0 0 0 160 36-45 118
14:00 0 3 1 4 28 50 55 17 2 0 0 0 0 0 160 36-45 105
15:00 7 0 0 10 37 61 58 24 2 0 0 0 0 0 199 36-45 119
16:00 5 0 2 9 32 60 55 23 3 0 0 0 0 0 189 36-45 115
17:00 3 0 1 1 19 85 71 13 4 1 0 0 0 0 198 36-45 156
18:00 1 0 0 7 15 42 64 33 2 0 0 0 0 0 164 36-45 106
19:00 0 0 0 0 2 29 45 19 6 0 0 0 0 0 101 36-45 74
20:00 2 0 0 2 8 20 33 17 1 1 0 0 0 0 84 36-45 53
21:00 1 0 0 0 7 18 19 8 3 1 1 0 0 0 58 36-45 37
22:00 1 0 0 0 6 7 12 5 1 0 0 0 0 0 32 36-45 19
23:00 0 0 0 0 2 1 5 4 0 0 0 0 0 0 12 41-50 9
Total 65 13 18 78 341 867 931 398 67 11 1 0 0 0 2790
Percent 2.3%0.5%0.6%2.8%12.2%31.1%33.4%14.3%2.4%0.4%0.0%0.0%0.0%0.0%
AM Peak 01:00 07:00 06:00 10:00 11:00 10:00 07:00 06:00 06:00 06:00 07:00
Vol.16 2 3 13 27 78 76 46 18 4 199
PM Peak 12:00 12:00 12:00 15:00 15:00 17:00 17:00 18:00 19:00 17:00 21:00 12:00
Vol.15 6 5 10 37 85 71 33 6 1 1 208 Page 126 of 325
Page 2
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 1 1 0 3 1 0 0 0 0 0 0 6 41-50 4
01:00 0 0 0 0 0 2 1 1 0 1 0 0 0 0 5 36-45 3
02:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
03:00 0 0 0 0 0 1 5 4 1 1 0 0 0 0 12 41-50 9
04:00 0 0 0 0 2 4 14 18 3 0 0 0 0 0 41 41-50 32
05:00 0 0 0 4 2 9 31 32 8 1 0 0 0 0 87 41-50 63
06:00 7 0 0 8 11 34 57 14 2 1 1 0 0 0 135 36-45 91
07:00 1 0 2 3 22 74 67 18 1 0 0 0 0 0 188 36-45 141
08:00 4 0 2 5 39 69 50 14 2 1 0 0 0 0 186 36-45 119
09:00 1 2 3 12 27 70 47 6 2 0 0 0 0 0 170 36-45 117
10:00 6 0 2 16 57 68 41 7 2 0 0 0 0 0 199 31-40 125
11:00 3 0 0 9 37 76 43 7 2 0 0 0 0 0 177 36-45 119
12 PM 1 0 0 3 39 74 36 6 0 0 0 0 0 0 159 31-40 113
13:00 4 1 1 6 23 60 40 11 3 0 0 0 0 0 149 36-45 100
14:00 3 0 0 6 18 55 49 14 4 0 0 0 0 0 149 36-45 104
15:00 6 0 0 4 20 59 66 22 1 0 0 0 0 0 178 36-45 125
16:00 8 0 0 4 21 79 63 32 4 1 0 0 0 0 212 36-45 142
17:00 2 0 0 0 10 37 68 42 6 0 0 0 0 0 165 41-50 110
18:00 0 0 0 2 6 25 44 27 4 1 0 0 0 0 109 40-49 71
19:00 1 0 0 0 5 28 44 19 4 0 0 0 0 0 101 36-45 72
20:00 2 0 0 2 8 24 26 10 3 0 0 0 0 0 75 36-45 50
21:00 1 0 0 2 11 18 29 9 4 0 0 0 0 0 74 36-45 47
22:00 0 0 0 1 3 14 13 1 2 0 1 0 0 0 35 36-45 27
23:00 0 0 0 0 3 5 5 2 0 0 0 0 0 0 15 36-45 10
Total 50 3 10 88 366 885 842 317 58 7 2 0 0 0 2628
Percent 1.9%0.1%0.4%3.3%13.9%33.7%32.0%12.1%2.2%0.3%0.1%0.0%0.0%0.0%
AM Peak 06:00 09:00 09:00 10:00 10:00 11:00 07:00 05:00 05:00 01:00 06:00 10:00
Vol.7 2 3 16 57 76 67 32 8 1 1 199
PM Peak 16:00 13:00 13:00 13:00 12:00 16:00 17:00 17:00 17:00 16:00 22:00 16:00
Vol.8 1 1 6 39 79 68 42 6 1 1 212 Page 127 of 325
Page 3
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 4 4 4 0 0 0 0 0 0 0 12 31-40 8
01:00 0 0 0 1 1 0 1 4 0 0 0 0 0 0 7 41-50 5
02:00 0 0 0 0 2 1 0 0 0 0 0 0 0 0 3 29-38 3
03:00 0 0 0 0 0 2 0 6 3 0 3 0 0 0 14 46-55 9
04:00 0 0 0 0 4 7 18 15 1 0 0 0 0 0 45 41-50 33
05:00 1 0 0 0 4 10 36 31 6 0 0 0 0 0 88 41-50 67
06:00 0 0 0 1 8 20 59 38 12 1 0 0 0 0 139 41-50 97
07:00 3 1 2 10 14 48 74 26 4 0 0 0 0 0 182 36-45 122
08:00 2 0 0 5 26 60 56 26 7 0 1 0 0 0 183 36-45 116
09:00 1 0 3 1 19 55 53 16 4 0 0 0 0 0 152 36-45 108
10:00 8 0 1 8 9 57 59 12 2 1 0 0 0 0 157 36-45 116
11:00 4 3 3 14 31 45 50 29 1 0 0 0 0 0 180 36-45 95
12 PM 3 0 0 6 38 59 56 24 2 0 0 0 0 0 188 36-45 115
13:00 1 0 0 2 18 49 69 15 1 4 0 0 0 0 159 36-45 118
14:00 2 0 0 2 22 61 44 21 5 1 0 0 0 0 158 36-45 105
15:00 2 0 0 1 16 55 60 31 4 0 0 0 0 0 169 36-45 115
16:00 1 0 0 5 14 58 63 18 3 1 0 0 0 0 163 36-45 121
17:00 1 4 2 7 20 44 62 30 5 1 0 0 0 0 176 36-45 106
18:00 2 1 2 2 9 49 61 34 0 0 0 0 0 0 160 36-45 110
19:00 1 0 0 0 7 23 28 16 6 2 0 0 0 0 83 36-45 51
20:00 0 0 0 0 1 17 37 20 2 0 0 0 0 0 77 41-50 57
21:00 1 0 0 1 9 32 21 9 0 0 0 0 0 0 73 36-45 53
22:00 0 0 0 2 4 6 7 8 0 0 0 0 0 0 27 41-50 15
23:00 0 0 0 1 5 5 5 2 1 0 0 0 0 0 19 31-40 10
Total 33 9 13 69 285 767 923 431 69 11 4 0 0 0 2614
Percent 1.3%0.3%0.5%2.6%10.9%29.3%35.3%16.5%2.6%0.4%0.2%0.0%0.0%0.0%
AM Peak 10:00 11:00 09:00 11:00 11:00 08:00 07:00 06:00 06:00 06:00 03:00 08:00
Vol.8 3 3 14 31 60 74 38 12 1 3 183
PM Peak 12:00 17:00 17:00 17:00 12:00 14:00 13:00 18:00 19:00 13:00 12:00
Vol.3 4 2 7 38 61 69 34 6 4 188
Total 148 25 41 235 992 2519 2696 1146 194 29 7 0 0 0 8032
Percent 1.8%0.3%0.5%2.9%12.4%31.4%33.6%14.3%2.4%0.4%0.1%0.0%0.0%0.0%
15th Percentile : 33 MPH
50th Percentile : 40 MPH
85th Percentile : 45 MPH
95th Percentile : 49 MPH
Stats 10 MPH Pace Speed : 36-45 MPH
Number in Pace : 5215
Percent in Pace : 64.9%
Number of Vehicles > 50 MPH : 230
Percent of Vehicles > 50 MPH : 2.9%
Mean Speed(Average) : 40 MPHPage 128 of 325
Page 4
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 1 5 0 3 2 1 1 0 0 0 0 0 13 21-30 6
01:00 1 0 0 0 1 1 3 2 0 1 0 0 0 0 9 41-50 5
02:00 0 0 0 0 2 0 2 0 0 0 0 0 0 0 4 25-34 2
03:00 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 44-53 1
04:00 0 0 0 0 1 3 0 3 0 0 0 0 0 0 7 31-40 4
05:00 0 0 0 0 3 18 17 5 1 1 0 0 0 0 45 36-45 35
06:00 2 0 5 2 11 27 25 16 5 1 0 0 0 0 94 36-45 52
07:00 3 0 0 2 17 35 32 16 5 0 0 0 0 0 110 36-45 67
08:00 2 0 0 2 9 39 46 11 5 2 1 0 0 0 117 36-45 85
09:00 2 0 0 0 13 56 39 13 1 1 0 0 0 0 125 36-45 95
10:00 6 0 0 1 13 65 55 20 5 1 0 1 0 1 168 36-45 120
11:00 4 0 0 5 13 53 78 26 5 1 0 2 0 0 187 36-45 131
12 PM 6 0 1 5 21 45 81 30 8 1 0 0 0 0 198 36-45 126
13:00 3 0 0 0 10 50 59 23 8 3 1 0 0 0 157 36-45 109
14:00 2 0 0 10 15 40 58 33 11 2 0 0 0 0 171 36-45 98
15:00 8 2 2 2 7 48 74 34 11 1 1 0 0 0 190 36-45 122
16:00 7 0 0 0 6 62 103 38 15 4 1 0 0 1 237 36-45 165
17:00 11 0 0 2 11 65 108 60 10 2 3 0 0 0 272 36-45 173
18:00 3 0 0 0 6 34 87 54 10 2 1 0 0 0 197 41-50 141
19:00 1 0 0 1 7 21 53 30 6 4 1 1 1 0 126 41-50 83
20:00 0 0 0 1 6 34 47 23 11 3 0 1 0 0 126 36-45 81
21:00 1 0 0 2 3 30 31 27 4 0 0 0 0 0 98 36-45 61
22:00 0 0 0 0 3 9 20 9 2 1 1 0 0 0 45 36-45 29
23:00 0 0 0 0 0 10 12 3 3 0 1 0 0 0 29 36-45 22
Total 62 2 9 40 178 748 1032 477 128 31 11 5 1 2 2726
Percent 2.3%0.1%0.3%1.5%6.5%27.4%37.9%17.5%4.7%1.1%0.4%0.2%0.0%0.1%
AM Peak 10:00 06:00 00:00 07:00 10:00 11:00 11:00 06:00 08:00 08:00 11:00 10:00 11:00
Vol.6 5 5 17 65 78 26 5 2 1 2 1 187
PM Peak 17:00 15:00 15:00 14:00 12:00 17:00 17:00 17:00 16:00 16:00 17:00 19:00 19:00 16:00 17:00
Vol.11 2 2 10 21 65 108 60 15 4 3 1 1 1 272 Page 129 of 325
Page 5
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 2 3 0 2 0 0 0 0 0 7 36-45 5
01:00 0 0 0 0 1 1 0 1 0 0 0 0 0 0 3 29-38 2
02:00 1 0 0 0 0 0 1 0 0 0 0 0 0 0 2 *1
03:00 0 0 0 0 0 1 2 1 0 0 0 0 0 0 4 35-44 3
04:00 0 0 0 0 3 1 4 2 0 0 0 0 0 0 10 41-50 6
05:00 0 0 0 0 5 13 8 3 1 0 0 0 0 0 30 36-45 21
06:00 5 0 0 3 10 27 19 12 7 1 0 0 0 0 84 36-45 46
07:00 4 0 1 5 10 33 33 12 1 0 0 0 0 0 99 36-45 66
08:00 7 0 0 5 10 57 39 10 1 0 1 0 0 0 130 36-45 96
09:00 1 0 0 1 13 42 42 19 5 1 0 0 0 0 124 36-45 84
10:00 5 0 0 5 15 32 47 19 5 2 1 0 0 0 131 36-45 79
11:00 2 0 1 2 9 55 65 28 10 0 0 0 0 0 172 36-45 120
12 PM 4 0 1 8 22 58 65 23 3 1 0 0 0 0 185 36-45 123
13:00 4 0 3 11 26 52 53 19 6 3 0 0 0 0 177 36-45 105
14:00 5 0 2 3 16 43 47 22 5 0 0 0 0 0 143 36-45 90
15:00 5 0 0 2 5 48 77 44 11 1 0 0 0 0 193 36-45 125
16:00 3 0 0 1 6 42 112 43 6 3 1 0 0 0 217 39-48 155
17:00 3 0 0 0 4 54 110 64 9 5 2 1 0 0 252 41-50 174
18:00 1 0 0 0 6 32 68 50 7 2 2 1 0 0 169 41-50 118
19:00 3 0 2 4 3 39 58 32 5 3 2 0 0 0 151 36-45 97
20:00 2 0 0 1 11 38 56 23 8 2 1 0 0 0 142 36-45 94
21:00 2 0 0 1 7 23 33 16 6 2 1 0 0 0 91 36-45 56
22:00 1 0 0 0 1 15 14 13 4 0 0 0 0 0 48 36-45 29
23:00 0 0 0 0 1 5 8 3 1 0 0 0 0 0 18 36-45 13
Total 58 0 10 52 184 713 964 459 103 26 11 2 0 0 2582
Percent 2.2%0.0%0.4%2.0%7.1%27.6%37.3%17.8%4.0%1.0%0.4%0.1%0.0%0.0%
AM Peak 08:00 07:00 07:00 10:00 08:00 11:00 11:00 11:00 10:00 08:00 11:00
Vol.7 1 5 15 57 65 28 10 2 1 172
PM Peak 14:00 13:00 13:00 13:00 12:00 16:00 17:00 15:00 17:00 17:00 17:00 17:00
Vol.5 3 11 26 58 112 64 11 5 2 1 252 Page 130 of 325
Page 6
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 2 2 2 1 1 0 0 0 0 9 41-50 4
01:00 0 0 0 0 2 3 3 0 0 0 1 0 0 0 9 36-45 6
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 1 0 1 1 0 0 0 0 0 3 44-53 2
04:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
05:00 1 0 0 0 3 11 15 8 0 0 0 0 0 0 38 36-45 26
06:00 3 0 2 10 10 23 31 13 4 1 0 0 0 0 97 36-45 54
07:00 5 0 1 11 22 29 29 7 2 0 0 0 0 0 106 36-45 58
08:00 3 0 0 5 14 31 26 19 2 0 0 0 0 0 100 36-45 57
09:00 1 0 0 3 17 42 49 16 4 0 0 0 1 0 133 36-45 91
10:00 4 0 2 7 17 45 51 21 9 0 1 1 0 0 158 36-45 96
11:00 2 0 0 5 16 51 50 25 8 4 0 0 0 0 161 36-45 101
12 PM 6 0 1 2 18 48 78 28 12 0 2 1 0 0 196 36-45 126
13:00 0 0 0 8 13 48 73 28 9 4 0 0 0 0 183 36-45 121
14:00 3 0 0 1 3 35 54 31 9 1 1 0 0 0 138 36-45 89
15:00 2 0 0 3 10 49 71 42 12 1 1 0 0 0 191 36-45 120
16:00 5 0 0 3 10 54 100 41 8 1 1 1 0 0 224 36-45 154
17:00 3 0 0 1 6 51 106 53 8 4 0 0 0 0 232 40-49 159
18:00 0 0 0 2 6 44 86 37 14 1 1 0 0 0 191 36-45 130
19:00 0 0 0 0 6 37 56 27 6 2 1 0 0 0 135 36-45 93
20:00 3 0 0 2 10 36 48 29 5 0 0 0 0 0 133 36-45 84
21:00 2 0 0 0 7 26 29 15 5 1 0 0 0 0 85 36-45 55
22:00 0 0 0 0 2 16 17 5 0 0 1 0 0 0 41 36-45 33
23:00 0 0 0 1 2 4 13 5 3 0 0 0 0 0 28 39-48 18
Total 43 0 6 65 195 686 987 453 122 21 10 3 1 0 2592
Percent 1.7%0.0%0.2%2.5%7.5%26.5%38.1%17.5%4.7%0.8%0.4%0.1%0.0%0.0%
AM Peak 07:00 06:00 07:00 07:00 11:00 10:00 11:00 10:00 11:00 01:00 10:00 09:00 11:00
Vol.5 2 11 22 51 51 25 9 4 1 1 1 161
PM Peak 12:00 12:00 13:00 12:00 16:00 17:00 17:00 18:00 13:00 12:00 12:00 17:00
Vol.6 1 8 18 54 106 53 14 4 2 1 232
Total 163 2 25 157 557 2147 2983 1389 353 78 32 10 2 2 7900
Percent 2.1%0.0%0.3%2.0%7.1%27.2%37.8%17.6%4.5%1.0%0.4%0.1%0.0%0.0%
15th Percentile : 35 MPH
50th Percentile : 41 MPH
85th Percentile : 47 MPH
95th Percentile : 51 MPH
Stats 10 MPH Pace Speed : 36-45 MPH
Number in Pace : 5130
Percent in Pace : 64.9%
Number of Vehicles > 50 MPH : 477
Percent of Vehicles > 50 MPH : 6.0%
Mean Speed(Average) : 41 MPHPage 131 of 325
Page 1
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 16 13 29
01:00 20 9 29
02:00 3 4 7
03:00 12 1 13
04:00 41 7 48
05:00 96 45 141
06:00 146 94 240
07:00 199 110 309
08:00 187 117 304
09:00 162 125 287
10:00 170 168 338
11:00 173 187 360
12:00 PM 208 198 406
01:00 160 157 317
02:00 160 171 331
03:00 199 190 389
04:00 189 237 426
05:00 198 272 470
06:00 164 197 361
07:00 101 126 227
08:00 84 126 210
09:00 58 98 156
10:00 32 45 77
11:00 12 29 41
Total 2790 2726 5516
Percent 50.6%49.4%
AM Peak -07:00 11:00 ------11:00
Vol.-199 187 ------360
PM Peak -12:00 17:00 ------17:00
Vol.-208 272 ------470Page 132 of 325
Page 2
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 6 7 13
01:00 5 3 8
02:00 1 2 3
03:00 12 4 16
04:00 41 10 51
05:00 87 30 117
06:00 135 84 219
07:00 188 99 287
08:00 186 130 316
09:00 170 124 294
10:00 199 131 330
11:00 177 172 349
12:00 PM 159 185 344
01:00 149 177 326
02:00 149 143 292
03:00 178 193 371
04:00 212 217 429
05:00 165 252 417
06:00 109 169 278
07:00 101 151 252
08:00 75 142 217
09:00 74 91 165
10:00 35 48 83
11:00 15 18 33
Total 2628 2582 5210
Percent 50.4%49.6%
AM Peak -10:00 11:00 ------11:00
Vol.-199 172 ------349
PM Peak -16:00 17:00 ------16:00
Vol.-212 252 ------429Page 133 of 325
Page 3
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 12 9 21
01:00 7 9 16
02:00 3 0 3
03:00 14 3 17
04:00 45 1 46
05:00 88 38 126
06:00 139 97 236
07:00 182 106 288
08:00 183 100 283
09:00 152 133 285
10:00 157 158 315
11:00 180 161 341
12:00 PM 188 196 384
01:00 159 183 342
02:00 158 138 296
03:00 169 191 360
04:00 163 224 387
05:00 176 232 408
06:00 160 191 351
07:00 83 135 218
08:00 77 133 210
09:00 73 85 158
10:00 27 41 68
11:00 19 28 47
Total 2614 2592 5206
Percent 50.2%49.8%
AM Peak -08:00 11:00 ------11:00
Vol.-183 161 ------341
PM Peak -12:00 17:00 ------17:00
Vol.-188 232 ------408
Grand Total 8032 7900 15932
Percent 50.4%49.6%
ADT ADT 5,311 AADT 5,311Page 134 of 325
&2/80%,$5,9(5LewisFoster Wells RdPasco Kahlotus Rd
N
4
T
h
A
v
e
Road
6
8 4Th Ave
N
1
St
A
v
e
4th AveClark StCourt StSylvester StHarris Rd28Th AveE Hillsboro RdKartchner StOregon
A
v
e
10Th AveRoad 10014Th AveSaratogaCrescent Rd20Th AveBroadway StA StColombiaBurden BlvdBurns RdPearl StWeheArgent RdRoad 36A StCapitol AveRoad 84Road 44Wernett RdChapel Hill BlvdIndustrial
W
a
y
Sandifur PkwyCommercial Ave Lewis St24thCourt St.Road 36Argent Rd
3rd
A
v
e MaitlandAinsworth StCedarRailroad
A
v
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AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Steve Worley, Director
Public Works
SUBJECT:Resolution No. 4381 - Approving the Basin Disposal Inc. 2024 Rate
Increase
I.REFERENCE(S):
Resolution
Basin Disposal Inc. Letter 8/21/2023
Solid Waste Agreement 11/16/2015
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4381, approving a rate increase
for solid waste collections and Disposal Services by Basin Disposal, Inc.
III.FISCAL IMPACT:
A 3.64% increase in Solid Waste collection and disposal rates for 2024 for all
customers within the City Service Area.
IV.HISTORY AND FACTS BRIEF:
Basin Disposal Inc. (BDI) has provided collection and disposal of the City's
residential and commercial solid waste for many years. The current agreement
with BDI, negotiated in 2015, is for a rolling 15-year term with automatic 1-year
extensions of the expiration date with each anniversary, unless notice of
termination is provided per the provisions of the agreement.
The agreement sets the terms and classes of service and provides the
conditions for rate increases, which may occur annually. Basic rate
adjustments are tied to the Consumer Price Index (CPI) (limited to 80% of any
increase) while other adjustments (i.e., tipping fees, disposal costs, etc.) due to
outside vendors, may also be requested. The agreement includes an annual
rate adjustment cap of five percent (5%).
Page 136 of 325
V.DISCUSSION:
Based on the terms of the BDI agreement, and also taking into account how
these increases are calculated and distributed across each service area. BDI
proposed an overall rate increase of 3.64% for a 96 gallon container, based on
the following components:
The collection fee is increasing by 2.88%, which is calculated based on
80% of the Consumer Price Index from June of this year per the
requirement of BDI's contract with Pasco
The tipping fee is increasing by 5% from $54.72 per ton to $57.46 over
last year's rates. This results in the following changes in Residential
Monthly Rates:
2023 Rates 2024 Rates Increase
64-Gallon
Residential Cart
(Senior/Low
Income) Only
$11.79 $12.22 $0.43
96-Gallon
Residential Cart $23.61 $24.47 $0.86
With the recommended 3.64% rate increase, the cost for a standard residential
96-gallon container will increase from $23.61 per month to $24.47 per month.
Per the contract, BDI is the retail provider to the customer and is responsible
for notification of the proposed rate adjustment.
This item was discussed at the September 25, 2023, Council Workshop where
Council authorized a subcommittee of Councilmembers Blanche Barajas,
Brown Irving, and Zahra Roach to review the BDI proposal in detail. Based on
Council comments, staff recommends approval of the recommended 3.64%
annual rate increase that is consistent with the terms and conditions of the
agreement.
Page 137 of 325
Resolution – 2024 BDI Annual Rate Increase - 1
Version 09.01.23
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND
DISPOSAL SERVICES BY BASIN DISPOSAL, INC.
WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a
Comprehensive Solid Waste Collection Agreement (Agreement) dated November 16, 2015, for
the collection, transport and disposal of all Solid Waste, Household Hazardous Waste and other
authorized materials commencing January 1, 2016; and
WHEREAS, the Agreement term is fifteen years with an automatic one-year extension on
each anniversary of the date of commencement; and
WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the
annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West
Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and
WHEREAS, while the CPI adjustment at 80% results in a requested rate increase of 2.88%
along with a 5% increase in Tipping and Disposal Fees, the weighted average rate increase due to
CPI and Tip fee increase of 3.64% as noticed in Exhibit A is below five percent (5%) that is in
accordance with the Annual Rate Adjustment Cap as outlined in Section 6.3.4 of the Agreement;
and
WHEREAS, pursuant to the Agreement, BDI must first publish notice by mailing to all
affected ratepayers or by publishing in a newspaper of general circulation for two consecutive
weeks and such notice must occur forty-five days before the effective rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Annual Rate Adjustment of 3.64% in accordance with the terms outlined in the
2015 Comprehensive Solid Waste Collection Agreement, attached hereto as Exhibit B.
Be It Further Resolved, that this Resolution will take effect immediately.
Page 138 of 325
Resolution – 2024 BDI Annual Rate Increase - 2
Version 09.01.23
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
September, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 139 of 325
BASIN
,.
August 21,2023
Steve Worley
Public Works Director
525 N 3rd Ave
2nd Floor
Pasco,WA 99301
Dear Mr.Worley:
I hope this letterfinds you in good health and spirits.It is time for the annual rate adjustment based on
the (Consumer Price Index)CPI.This year's rate adjustment will also incorporate a Tip Fee increase.
Please consider this letter as a notification of the proposed CPI adjustment scheduled for January 1,
2024.
The contract specifies an Annual Rate Adjustment tied to the CPI,based on 80%of the West Urban CPI,
size class B/C.We are once again utilizing June data.The 12-month percentage change is 3.60%;the
adjustment factor is 2.88%(3.60%x .80 =2.88%)to be applied to all rates defined in the contract.
The second portion of the year's rate adjustment comes from increased disposal expenses Disposal Fees
for Solid Waste (MSW)have increased.MSW has increased from $54.72 per ton to $57.46 per ton,a
5.00%increase.The weighted average rate change due to the CPI and Tip fee increase is 3.64%.
I am enclosing a copy of Exhibit C proposed rates along with a copy of the CPI sheet.
We are most willing to meet with you for conversation on the topic of the rate adjustment and any
other solid waste issues.Thank you for your attention in this matter,and please feel free to contact me
at 509-544-7709,should you have any questions.
I would also like to take the opportunity to thank you and the City Council of Pasco for allowing us to
serve the Pasco City Residents.
Sincerely,
Francisco Alcala
Sr.Financial Analyst
Basin Disposal,Inc.
Enclosures
BASINDISPOSAL.INC.
2021 NCommercialAve.Pusco,WA99301 PO Box3850.Pasco.WA99302-3850 -(509)547-2476
Page 140 of 325
F-r3rrn§§§l!19.(_7.D.!J'.Q.LL§
CPI forAll Urban Consumers (CPI-U)
Series Id:CUURN400SAO
Not Seasonally Adjusted
Series Title:Allitems in West -Size Class B/C,all urban consumers,not seasonally adjusted
Area:West —Size Class B/C
Item:Allitems
Base Period:DECEMBERl996=100
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Databases,Tables &Calculators by Subject
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Series Id:CUURN40DSAO
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series Title:Allitems in west -Size Class B/C,all urban consumers,not seasonally adjusted
Area:West -Size Class B/C
Item:Allitems
Base Period:DECEMBER1996=lOD
Download:
Data extracted on:July 12,2023 (l:54:02 PM)
Year __J_an Feb:Mar I Apr [May_§Jun Jul_I-_Au1g!_Sap.I -1)-d_‘T—l10v HALF:
‘2013 139.865 141.072 '141.573 }£41.78E§141.838 E141.805 14l.§40,142.2281142.277 {141.954§141.736 141.751 141.652 141.324 141.981
3014‘141.99si142.12o,142.s13i143.o77E144.253.144.522144.435:144.317;144.5o6§144.214'143.39a14255-9143.527;143.1§3
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Page 141 of 325
BASIN
March 15‘,2023
Basin Disposal Inc
PO Box 3850
Pasco,WA 99302-3850
Basin Disposal lnc.,
Effective May 15‘,2023,the disposal fee at Basin Transfer will increase 5%.The current rate of
$54.72 per ton will increase to $57.46 per ton,excluding any applicable tax.This rate will apply
to all solid waste delivered to the facility,and to all ancillary items such as tires,white goods,
and other waste related items that Basin Transfer receives and processes.
Sincerely,
Darrick Dietrich
Manager
Basin Transfer,LL
BASIN TRANSFER,LLC
PO Box 3850,Pasco.WA99302-3850 -(509)547-2476 BASINDISPOSALCO
RE:Disposal Fee Increase,effective date of May 1“,2023
Page 142 of 325
I-II'I'I_-IIh.|.I
I""u I.|-"I.'
-:--:I':-.'.'-I:I-n.:-'-'.-.-I
EFFECTIVE DA TE8
01/01/2024 through 12/31/2024
C
Page 143 of 325
Index of Items
Item 5 —Application of Rates —Taxes ..................................................
....................................
..1
Item 40 —Material Requiring Special Equipment,Precautions,or Disposal .............................
.
..1
Item 45 —Material Requiring Special Testing and/or Analysis ......................................
............
..1
Item 50 —Returned Check Charges ...................................................
......................................
..1
Item 51 —Restart Fees ........................................................
.....................................................
..2
Item 53 —Customer Prepayments .....................................................
.......................................
..2
Item 70 —Return Trips ........................................................
.....................................................
..3
Item 80 —Carryout Service ....................................................
..................................................
..3
Item 100 —Residential Monthly Rates ..................................................
....................................
..4
Charges and Rates .........................................................
......................................................
..4
Item 150 —Units,Loose,and/or Bulky Material ..........................................
..............................
..6
Item 160 —Time Rates ...................................................
...................................................
.......
..7
Applying Time Rates .......................................................
.....................................................
..7
Recording and Charging Rates .....................................................
........................................
..8
Additional Disposal Fees ....................................................
..................................................
..8
Item 200 —Application of Container and/or Drop Box Rates —General ..................................
..
..8
Availability .........................................................
.........................................................
..........
..8
Alternate-Sized Containers andlor Drop Box Containers ....................................
..................
..8
Disposal Fees for Alternate-Sized Drop Box Containers .....................................
..................
..8
Rates for Partially Filled Containers and/or Drop Box Containers ................................
.........
..8
Rates for Compacted Materials ...............................................
.............................................
..8
Rates for Loose Material ....................................................
..................................................
..8
Permanent and Temporary Service ..................................................
....................................
..9
Item 205 —Roll-Out Charges and Gate Charges —Carts and Detachable Containers ................9
Charges for Carts and Containers ...................................................
.....................................
..9
Item 207 —Excess Weight —Rejection of Load,Charges to Transport .............................
........
..9
Weight Limits ...................................................
...................................................
..................
..9
Transporting Overfilled or Oven/veight Cart,Container,or Drop Box..................................
..
..10
Item 210 —Washing and Sanitizing Carts,Containers,and Drop Boxes ...........................
......
..10
Item 230 —Disposal Fees ................................................
................................................
.......
..11
Item 240 —Container Service —Non-Compacted —Company-Owned ...................................
..
..12
Non-Compacted Company-Owned Commercial Cart ...................................
.......................
..12
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 1 of 2
Page 144 of 325
Permanent Service Rates for the City of Pasco ................................................
...............
..12
Temporary Service Rates .........................................................
...........................................
..12
Accessorial Charges ........................................................
....................................................
..12
Non-Compacted Company-Owned Commercial Container ..............................................
....
..13
Permanent Service Rates .......................................................
.........................................
..13
Special Pickup Rates .......................................................
....................................................
..14
Temporary Service Rates .........................................................
...........................................
..14
Accessorial Charges ........................................................
....................................................
..14
Item 255 —Container Service —Compacted —Customer-Owned .........................................
...
..15
Permanent Service Rates .........................................................
...........................................
..15
Accessorial Charges ........................................................
....................................................
..16
Item 260 —Drop Box Service —Non-Compacted —Company-Owned ...................................
..
..16
Permanent Service Rates for City of Pasco ................................................
.........................
..17
Temporary Service Rates ....................................................
................................................
..17
Accessorial Charges ........................................................
....................................................
..17
Item 270 —Drop Box Service —Compacted —Customer-Owned ...................................
..........
..18
Permanent Service Rates .........................................................
...........................................
..18
Accessorial Charges ..........................................................19
Item 300 -List of Abbreviations and Symbols Used in this Exhibit ...................................19
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 2 of 2
Page 145 of 325
9 ‘LD
5 —lication of Rates —Taxes
Item 160 —Time Rates
40—Materia|Re uirin S ecial E ui ment Precautions or Dis osal
Item 50 —Returned Check Char es
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 1 of 20
Taxing
Entity Tax Description Amount of Tax Application (Commodities)
City of Pasco 1 Pasco Utility Tax 8.50%Applicable Customers —Revenue
State of
Washington 2 WA Solid Waste Tax 3.60%Applicable Customers Revenue
Notes:
1)The City of Pasco Utility Tax of 8.5%is included in the rates defined within this Exhibit C.
2)The Washington State Solid Waste Tax will be applied as a line item to the rates de?ned
within this Exhibit C.
Transportation of solid waste requiring special equipment or precautions in handling or disposal
will be subject to Time Rates named in ,or to other speci?c rates
contained in this Exhibit C.
Contractorwillmake every effort to be aware of the commodities that require special handling at
the disposal sites.The Contractor shall maintain a list of those commodities and make it
available for public inspection at the Contractor's office.
When the Contractor or disposal facility determines testing and/or analysis of solid waste is
required to determine whether dangerous or prohibited substances are present,the actual cost
for such testing and/or analysis will be paid by the Customer.At the Contractor's election,they
may help provide the Customer with testing and/or analysis of the dangerous or prohibited
substance.if the Contractor elects to help with the testing and analysis,these costs will be
passed through to the Customer.
If a Customer pays with a check and the Customer's bank refuses to honor that check,the
Customer will be assessed a returned check charge in the amount of $42.70.
Item 45—Materia|Re uirin S ecialTestin and/or Anal sis
Page 146 of 325
Item 51 -Restart Fees
Item 100 —Residential Monthl Rates
A restart fee will be assessed on all Customers whose service is discontinued for non-payment
and who subsequently reinstate service.
Type of Container
Cart:A restart fee willbe assessed to
Cart Customers whose service is
suspended with Cart removed for
non-payment 1
Container:A restart fee will be assessed
to Container Customers whose service is
suspended with the Container removed for
non-payment 1
Drop Box Container:A restart fee will be
assessed to Drop Box Container
Customers whose service is suspended
with the Drop Box Container removed for
non-payment 1
Drop Box Compactor:A restart fee will
be assessed to Drop Box Compactor
Customers whose service is suspended
for non-payment 2
Notes:
1)Restart fee includes cost of delivery.
Redelivery Restart Fee Total
Component Component Restart Fee
$13.43 $52.94 $66.37
$26.66 $52.94 $79.6
$67.12 $52.94 $120.06
N/A $52.94 $52.94
2)Restart fee excludes the cost of delivery for both Drop Box Compactor Containers and
small Container Compactors.
A prepayment of $35.00 will be assessed to all ?rst time (new)Residential Customers.The
prepayment will be applied to the Customer's account in the event of non-payment,after one
year of service,or be returned to the Customer upon termination of the residential service.See
A prepayment equal to the ?rst month's cost of service will be assessed to all ?rst time (new)
Commercial Customers.The prepayment will be applied to the Customer's account in the event
of non-payment,after one year of service,or be returned to the Customer upon termination of
the commercial service.See
and
A prepayment of $250.00 will be assessed to ?rst time (new)Drop Box Customers.The
prepayment will be applied to the Customer's account in the event of non-payment,after one
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 2 of 20
Item 240 —Container Service —Non-Com acted —Com an -
Owned Item 255 —Container Service —Com acted —Customer-Owned
53 —Customer Pre a ments
Page 147 of 325
Item 260 —Dro Box Service -Non—Com acted —Com an —Owned item 270 —Dro Box
Service —Com acted —Customer-Owned
Item 240 Container Service -Non-Com acted —
Com an -Owned Item 260 —Dro Box Service —Non-Com acted —Com an -Owned
Item 100 —Residential Monthl Rates item 240 —Container Service —Non-Com acted
—Com an -Owned Item 255 —Container Service —Com acted —Customer-Owned
Item 260 —Dro Box Sen/ice —Non-Com acted —Com an -Owned
Item 270 —Dro Box Service —Com acted —Customer-Owned
Item 80 —Car out Service
1)Return trips requiring special dispatch of a truck are considered special pickups.See
year of service,or be returned to the Customer upon termination of the Drop Box service.See
and
A prepayment will be assessed for each temporary service at the time the Customer signs up
for the temporary service.The prepayment will be applied to the Customer's account upon
termination of the temporary service.See
and
When the Contractor is required to make a return trip that does not require the special dispatch
of a truck,to pick up material that was unavailable for collection for reasons under the control of
the Customer,or if the Customer requests to have a Cart,Container,or Drop Box Container
moved or relocated,the following additional charges,per pickup,will apply‘
Type of Container Rate
Residential/Commercial Cart (64-Gallon and 96-Gallon)1 $13.43
Detachable Container‘$26.66
Drop Box Container 1 $67.12
Exhibit C,Effective O1-01-2024 through 12-31-2024 Page 3 of 20
The following additional charges will apply when Customers request that Contractor personnel
provide carryout service for Carts and/or Units not placed at the curb.the alley,or other point
where the Contractor's vehicle can be driven to within ?ve feet of the Carts and/or Units using
improved access roads commonly available for public use.Driveways are not considered
improved access roads commonly available for public use.
Rate
Charge for Carryout Service 7 Residential/Commercial
Per Unit,Per Pick Up
Carts/Units that must be carried out over 5 feet but not over 25 $3 96
feet '
,and
Note:
Item 70 —Return Tri s
Page 148 of 325
Rate
Charge for Carryout Service 1 Residential/Commercial
Per Unit,Per Pick Up
For each additional 25 feet.or fraction of 25 feet,add $3.96
Bulk Material
Charges and Rates
1)Contractor's collection of solid waste placed outside of the 96-Gallon Residential Cart
shall be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each unit of solid waste not provided in this manner for collection
shall be subject to the solid waste unit rates set forth in
Number of Units
or Type of Residential Carts
(1)64-Gallon Residential Cart
(Senior/Low Income)Only
(1)96-Gallon Residential Cart 1
(1)Multi Family/Duplex 96-Gallon
Residential Cart 1
Each Additional 96-Gallon Residential
Cart ‘
Frequency Garbage
of Service
Service Rate
WG $12.22
WG $24.47
WG $24.47
WG $2.52
Recycle
Service
Rate
N/A
N/A
N/A
N/A
Green Waste
Service
Rate
N/A
N/A
N/A
N/A
Frequency of Service Codes."WG=WeekIy Garbage;N/A=Service is not currently available.
Note:
Type of Charge Rate
Prepayment 1 $35.00
Restart Charge 2 $52.94
Special Pickup 64-Gallon 4 (Senior/Low Income)$16.25
Special Pickup 96-Gallon 4 $19.08
Return Trip Charge 5 $13.43
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 4 of 20
Item 150 —Units Loose and/or
1)Carryout service is provided to disabled Residential Customers free of charge.
Item 100 —Residential Monthl Rates
Note:
Page 149 of 325
Returned Check Charge 6
Carryout Service 7 (per Cart,per pick up,up to 25 feet)
Replacement Cart Charge 3
Freon Discharge Fee (appliances containing freon)9
Passenger Tire Charge 1°
Passenger Tire with Rim Charge 1°
Rate
$42.70
$3.96
$101.60
$80.54
Item
Item
Type of Charge
Item 53 —Customer Pre a ments
Char es
Item 50 —Returned Check
Item 70 —Return Tri s
Notes:
1)
2)
3)
7)
8)
Exhibit C,Effective 01-01-2024 through 12-31-2024
A prepayment charge of $35.00 will be assessed to a ?rst time (new)Residential
Customer.The prepayment will be applied to the Customer's account in the event of
non-payment,after one year of service,or be returned to the Customer upon termination
of the residential service.See
A restart charge of $66.will be assessed on all Residential Customers whose service is
discontinued for non-payment and who subsequently reinstate services.See
Contractor's collection of Solid Waste placed outside of the 96-gallon Residential Cart
shall be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each Unit of Solid Waste not provided in this manner for collection
shall be subject to the Solid Waste Unit rates set forth on
A special pickup is the total of each additional pickup rate plus
Additional pickup is calculated by taking weekly service and dividing by 4.33.
If the Customer requests the Contractor to make a return trip due to no fault of
Contractor,Contractor shall be permitted to charge the Customer a return trip charge.
See
If a Customer pays with a check and the Customer's bank refuses to honor that check,
the Customer will be assessed a returned check charge.See
Additional charges will apply when Customers request that Contractor provide carryout
services.See
If a particular Customer repeatedly damages a Residential Cart or requests more than
one replacement Residential Cart during the term of the Contract due solely to that
Customers negligence or intentional misuse,the Contractor may charge the Customer a
replacement cart charge.if Customer does not return the Residential Cart upon
Page 5 of 20
Item 80 —Car out Service
Item 51 —Restart Fees
Item 150 —Units Loose
and/or Bul Material
Item 70 —Return Tri s
Page 150 of 325
Item 150 —Units Loose and/or Bul Material
termination,or service is shut off for non-payment and they refuse to surrender the
Residential Cart,a replacement cart charge will be charged.
9)If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
10)A Residential Customer is entitled to have four passenger tires collected and disposed of
from the Residential Customer’s private automobile only.in the event Contractor
believes that a Residential Customer is attempting to dispose of quantities of passenger
tires more than what a typical Residential Customer would generate,Contractor shall
require Customer to pay rates provisioned in
.Residential service does not include the collection and disposal of truck,semi
or tractor tires.
Rate
Residential Commercial Rate Per Residential Commercial
Minimum Charge Per
Pickup
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 6 of 20
Description
Solid Waste
Unit 1'2
Bulky Materials
1,3
Appliances
without freon,
furniture Items 4
Freon
Discharge Fee 4
Passenger
Tires 5
Passenger
Tires with Rims
5
Truck Tires
Truck Tires with
Rims
Semi Tires
Semi Tires with
Rims
$1.98
$9.17
$0.00
$80.54
$5.08
$8.89
$5.92
$9.87
$15.24
$19.05
$5.03
$18.78
$19.22
$105.05
$6.63
$11.60
$8.28
$13.25
$19.88
$24.85
unit
cubic yard
item
item
item
item
item
item
item
item
$1.98
$9.17
$0.00
$80.54
$5.08
$8.89
$5.92
$9.87
$15.24
$19.05
$5.03
$18.78
$19.22
$105.05
$6.63
$11.60
$8.28
$13.25
$19.88
$24.85
Item 150 —Units Loose and/or
Bulk Material
Item 150 —Units Loose and/or Bul
Material
Page 151 of 325
Notes:
1)
4)
5)
Solid waste units and bulky materials charges for Residential Customers only apply
when items are not properly contained for collection as de?ned in the relevant section of
the Agreement.See Notes 2 and 3 for definition of sizes and containment of solid waste
units and bulky material.
A solid waste unit is de?ned in the Comprehensive Solid Waste Agreement,but
generally means any individual receptacle,can,plastic bag,cart,box,carton,or other
container that does not hold more than 32 gallons,or 4 cubic feet of solid waste,and
which does not weight more than 65 pounds when filled.
Bulky material means bags,boxes,bundles;or empty carriers,cartons,crates,or
materials offered for disposal all of which may be readily handled without shoveling (not
loose,uncontained materials).lndividual items shall not exceed two feet by two feet by
?ve feet (2'x 2'x 5')in dimension,and not weigh more than 65 pounds.
Residential Customers may dispose of refrigerators,freezers,or other appliances
containing freon with a fee sufficient to cover the Contractor’s cost of properly abating
the freon components pursuant to applicable law,or such appliances without a fee if
they do not contain freon and the Residential Customer submits to the Contractor proper
certi?cation of professional evacuation of such freon components.
In the event Contractor believes that a Residential Customer is attempting to dispose of
quantities of passenger tires more than what a typical Residential Customer would
generate,Contractor shall require Customer to pay rates provisioned in
Rate Per HourTypeofEquipment
Single rear drive axle
Tandem rear drive axle
ordered Each Extra Person Minimum ChargeTruckandDriver
$75.85
$115.91
Applying Time Rates
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 7 of 20
Time Rates named in this item apply in the following situations:
a)Material must be taken to a special site for disposal.
b)Contractor's equipment must wait at,or return to,a Customer's site to provide scheduled
service due to no disability,fault,or negligence on the part of the Contractor.Actual
waiting time or time taken in returning to the site will be charged for.
c)Customer orders a single,special,or emergency pickup,or when other items in this
Exhibit C refer to Item 160 —Time Rates
$57.96
$57.96
$57.96
$57.96
Item 150 —Units Loose and/or Bul Material
Item 160 —Time Rates
Page 152 of 325
PD
Recording and Charging Rates
Rates for Compacted Materials
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 8 of 20
Time must be recorded and charged to the nearest increment of 15 minutes.Time rates apply
for the period from the time the Contractor's vehicle leaves the terminal,until it returns to the
terminal,or when it leaves its pre-scheduled route and drives towards the Customer's site,
excluding interruptions.An interruption is a situation causing stoppage of service that is in the
control of the company and not in the control of the Customer.Examples include work breaks,
breakdown of equipment,and similar occurrences.
Disposal site or facility use may apply additional fees as described in
in addition to time rates.
Contractor must maintain a supply of all sizes of Containers and Drop Box Containers for which
rates are listed in this Exhibit C.If a Customer requests a Container or Drop Box Container of a
size listed in the Contractor's Exhibit C,and the Contractor is unable to provide the requested
size within 7 days of the Customer request,the Customer must be noti?ed in writing or by
telephone.
If the Contractor cannot provide the requested size Container or Drop Box Container (and that
size is listed in this Exhibit C),the Contractor must provide alternate-sized Containers or Drop
Box Containers,sufficient to meet the capacity originally requested by the Customer,at the
same rates as would have applied for the requested Container or Drop Box Container.
If the Contractor provides alternate-sized Drop Box Containers,the Customer is responsible for
all applicable disposal fees resulting from the use of the alternate Drop Box Containers.
Full pickup and rental rates apply regardless of the amount of waste material in the Container or
Drop Box Container at pick up time.
Rates for compacted material apply only when the material has been compacted before it is
picked up by the Contractor.
Loose material dumped into the Contractor's packer truck is subject to the rates for
non-compacted material even though the material may be compacted later in the packer truck.
Rates for Loose Material
A|ternate—Sized Containers and/or Drop Box Containers
Disposal Fees for Alternate-Sized Drop Box Containers
Rates for Partially Filled Containers and/or Drop Box Containers
Additional Disposal Fees
Item 230 —Dis osal Fees
Item 200 —A Iication of Container and/or Dro Box Rates —General
Availability
Page 153 of 325
Permanent and Temporary Service
Item 205 —Roll-Out Chars.es and Gate Char es —Carts and Detachable
Containers
Charges for Carts and Containers
Weight Limit
The following rules apply:
a)If a Customer requests a Container or Drop Box Container for less than 90 days,the
Customer will be billed at temporary service rates.
b)If a temporary service Customer noti?es the Contractor that it has decided to retain the
Container or Drop Box Container for more than 90 days,permanent service rates will be
assessed from the 91st day until the end of the period the Customer retains the
Container or Drop Box Container.
c)If a Customer requests a Container or Drop Box Container for more than 90 days,the
Customer will be billed under permanent rates.If that Customer cancels service before
the end of the 90-day period,the Contractor may not rebill the Customer at temporary
service rates.The intent of the Customer at the time service was requested applies.
The Contractor will assess roll-out charges where,due to circumstances outside of the control
of the Contractor,the Contractor is required to move the Cart or Container more than ten (10)
feet,but less than twenty (20)feet,to reach the truck.
The Contractor will assess a gate charge where the driver is required to unlock a container or
locking bar,open and/or unlock an enclosure,or open a gate to access a Cart or Container.
Charge Type Rate Unit
Roll-Out Cart $3.96 per Cart,per pickup
Roll-Out Container $3.96 per Container,per pickup
Gate Charge $3.96 per pickup
The Contractor reserves the right to reject pick up of any Container,Stationary Packer,or Drop
Box Container which,upon reasonable inspection:
1)Appears to be overloaded.
2)Would cause applicable vehicle load limitations to be exceeded.
3)Would cause the company to violate load limitations or result in unsafe vehicle
operation.
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 9 of 20
Item 207 —Excess Wei ht —Reaction of Load Char es to Trans ort
Page 154 of 325
Transporting Over?lled or Overweight Cart,Container or Drop Box
1)If a Drop Box Container is hauled and the weight exceeds the legal limit identified in
,the Contractor wil
lassessanadditionalchargepertonforanyweightoverthelimit.See
Detachable Non-Compact Containers —1.5 to 8 cu yds
Detachable Compact Containers —1.5 to 8 cu yds
Drop Box Containers —All Sizes 1
4)Would negatively impact or otherwise damage road surface integrity.
5)Contains anything that appears not to be Municipal Solid Waste (MSW)or could do
damage to the vehicle.
For the purposes of this Exhibit C,the following maximum weights apply:
Typelsize of Container,Drop Box,or Maximum Weight Allowance per Receptacle
Cart (in pounds)
Carts —64-Gallon 120 pounds
Carts —96-Gallon 180 pounds
Detachable Containers —1.5 to 8 cu yds 1,200 pounds
Drop Boxes —All Sizes 20,000 pounds
If the Carl,Container,or Drop Box Container exceeds the limits stated above,is ?lled beyond
the marked fill line,or the top is unable to be closed,but the Contractor transports the materials,
the following additional charges will apply.
TypeISize of Container,Drop Box,or Cart Charge Unit
$6.33 per pickup
$18.78 per yard
$37.55 per yard
$27.20 per ton (C)
Item 210—Washin and Sanitizin Carts Containers and Dro Boxes
Item 230 -Dis osal Fees
Exhibit C,Effective O1-01-2024 through 12-31-2024 Page 10 of 20
Upon Customer request,the Contractor will provide washing and sanitizing service at the
following rates:
item 207 —Excess Wei ht —Re ection of Load Char es to Trans ort
Note:
Carts —All Sizes
Page 155 of 325
Item 230 —Dis osal Fees
Item 100 —Residential Monthl Rates
Disposal Fee
$65.86
N/A
N/A
TotalDeliveryFeeSteamCleansteamcleanSizeorTypeofContainerorDropBoxComponentComponentCharge
Steam Cleaning —Residential Cart 2 Item Item Item
Steam Cleaning —Detachable Container 1 $26.66 $22.76 $49.42
Steam Cleaning —Drop Box 1 $67.12 $55.50 $122.62
Note:
1)At Customer request,Contractor shall clean Detachable Containers and Drop Box
Containers at no additional cost,not more often than once per year.If Customer
requests to have Detachable Container or Drop Box Container cleaned more often than
once per year,
rates will apply.The rate for washing and sanitizing Detachable Containers and Drop
Box Containers includes the fee for delivering the newly cleaned Detachable Container
or Drop Box Container back to the Customer's location.
2)See
Item 207 —-Excess Weiauht—Reiection of Load.Char es
to Trans on Item 260 —Dro Box Service —Non-Com acted —Com an -Owned
Item 270 -Dro Box Service —Com acted —Customer-Owned
Item 150 —Units Loose and/or Bul Material
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 11 of 20
Municipal Solid Waste 1'2
Green Waste 3
Commingled Recycle 3
Notes:
1)The disposal fee includes the Pasco UtilityTax of 8.5%
2)Disposal fees for MSW apply to
.and possibly
,if the material can reasonably be
weighed.
3)Disposal fees for Green Waste and Commingled Recycle materials are only applicable i
fspeci?cally authorized by the Agreement.During the effective dates of this Exhibit C,
disposal fees for green waste and commingled recycle are not authorized by the
Agreement.
Charges herein apply when other items in this Exhibit C speci?cally refer to this
Type of Material
Item 230 —Dis osal Fees
Item 210—Washin and Sanitizin Carts Containers and Dro Boxes
100
O
Page 156 of 325
VItem240—Container Service —Non-Com acted —Com an -Owned
Non—Compacted Company-Owned Commercial Cart
Temporary Service Rates
Delivery
Per Pick Up Rate
Rent Per Calendar Day
Prepayment 8
Temporary Service 64-Gallon Cart 96-Gallon Cart
$13.43
$17.21
$7.04
$125.00
300-Gallon
Container
$26.66
$60.56
$7.04
$125.00
Permanent Service 1'2-3
Pickup -one time per week
Pickup -two times per week
Pickup -three times per week (N)
Special Pickups 4
Additional Pickup 4
Return Trip Charge 5
Restart Charge 5
Prepayment 3
64-Gallon Cart
$28.78
$57.56
N/A
$20.08
$6.64
$13.43
$120.06
$250.00
$13.43
$9.30
$7.04
$125.00
96-Gallon Cart
$53.26
$106.52
N/A
$25.73
$12.30
$13.43
$52.94
$250.00
32-Gallon Can
12 (N)
26.85 (N)
53.70 (N)
80.55 (N)
$19.63 (N)
5.20 (N)
$13.43 (N)
N/A
N/A
Item 80 —Car out Service
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable Containers
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 12 of 20
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge willbe assessed on each pickup where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
b)Additional charges will apply when a Customer requests that Contractor provide
Carryout Service.See
Notes:
1)Rates are stated per Commercial Cart,per month.
Accessoria|Charges
Permanent Service Rates for the City of Pasco
Page 157 of 325
Item 80 —Car out Service
2)
3)
4)
5)
5)
7)
3)
9)
Permanent service is de?ned as no less than scheduled,every week pickup.Customer
will be charged for service requested,even if fewer Containers are serviced on a
particular trip.No credit will be given for partially filled Containers.
Permanent Service:A prepayment will be assessed to all ?rst time (new)Commercial
Customers.The prepayment will be applied to the Customer's account in the event of
non-payment,after one year of service,or be returned to the Customer upon termination
of the commercial service.
A Special Pickup requires the special dispatch of a truck and is the total of each
Additional Pickup rate plus a Return Trip charge.See Additional
pickup is calculated by taking weekly service rate and dividing by 4.33.
If the Customer requests the Contractor to make a Return Trip due to no fault of
Contractor,the Return Trip charge shall apply.See
Restart subject to
Additional charges will apply when a Customer requests that
Contractor provide carry-out services.See
A prepayment will be assessed to all Customers requesting temporary service carts.
Temporary service shall apply for all service requests that do not exceed ninety (90)
consecutive days in any calendar year.If the Customer requires a Cart for a longer
period,the Contractor may require the Customer to select the appropriate commercial
service plan.
10)The prepayment will be applied to the Customer's account upon termination of the
temporary service as a credit against amounts owed to the Contractor.
11)if a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
12)Only the city of Pasco may request the 32-Gallon Can service.(N)
Non-compacted material rates are stated per Commercial Container per month within the city of
Pasco.
Permanent Service Rates
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 13 of 20
Permanent
Service 1 '2
Pickup -One
Time per Week
Pickup -Two
Times per Week
$145.93 $172.45 $198.98 $245.41 $311.75 $397.99
Size or Type of Container
1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard
'K~.\.4'[1!w a”
$281.24 $331.65 $384.70 $484.21 $616.85 $776.05
Item 150 —Units Loose and/or
Bulk Material
Non-Compacted Company-Owned Commercial Container
Item 70 —Return Tri s
Item 70 —Return Tri s
Item 51 —Restart Fees
Page 158 of 325
Permanent
Service 1 '2
Pickup -Three
Times per Week
Pickup —Four
Times per Week
Pickup —Five
Times per Week
Service
Special Pickups 4
Return
Trip Charge
Additional
Pickup
Restart Charge 5
1.5 Yard
$424.52
$563.82
$689.84
1.5 Yard
$60.36
$26.66
$33.70
$52.94
Size or Type of Container
2 Yard 3 Yard 4 Yard 6 Yard
$497.48 $577.07 $716.37 $915.36
$656.66 $756.15 $935.26 $1207.20
$809.22 $935.26 $1154.13 $1512.32
Size or Type of Container
2 Yard 3 Yard 4 Yard 6 Yard
$66.49 $72.61 $83.34 $98.66
$26.66 $26.66 $26.66 $26.66
$39.83 $45.95 $56.68 $72.00
$52.94 $52.94 $52.94 $52.94
8 Yard
$1167.40
$1525.59
$1890.38
8 Yard
$118.57
$26.66
$91.91
$52.94
Accessorial Charges
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 14 of 20
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge will be assessed on each pick-up where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
b)A return trip charge will be assessed when the Contractor is required to make a return
trip that does not require the special dispatch of a truck,to pick up a Cart,Container,or
Temporary
Service
Delivery
Pickup Rate
Rent Per
Calendar Day
Prepayment 3
1.5 Yard
N/A
N/A
N/A
NIA
2 Yard
N/A
N/A
N/A
N/A
Size or Type of Container
3 Yard
$26.66
$73.29
$7.04
$125.00
4 Yard
$26.66
$86.55
$7.04
$125.00
6 Yard
$26.66
$106.46
$7.04
$125.00
8 Yard
$26.66
$133.00
$7.04
$125.00
Item 205 —Roll-Out Char es and Gate Char es ——Carts and Detachable Containers
Temporary Service Rates
Special Pickup Rates
Page 159 of 325
Item 70 —Return Tri s
solid waste material or unit(s)that was unavailable for collection for reasons under the
control of the Customer.See
c)If Customer requires a Locking Container,a one-time fee of $1 15.91 will be assessed.
Notes:
1)Permanent service is de?ned as no less than scheduled,every week pickup.Customer
will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partially filled containers.
2)A prepayment is equal to the first month's cost of service and will be assessed to all ?rst
time (new)Commercial Customers.The prepayment will be applied to the Customer's
account in the event of non-payment,after one year of service,or be returned to the
Customer upon termination of the Commercial Service.See
and
3)A prepayment will be assessed to all Commercial Customers requesting temporary
service Containers.The Prepayment will be applied to the Commercial Customer's
account upon termination of the temporary service as a credit against amounts owed to
the Contractor.
4)The special pickup rate is the total of each additional pickup rate plus return trip fee.See
5)Restart subject to
6)If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
Compacted Material Rates are stated per Detachable Container,per month within the City of
Pasco.
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 15 of 20
Permanent
Service 1
Pickup —One
Time per Week
Pickup —Two
Times per Week
Special Pickups 2
2 Yard
$225.98
$451.96
$78.85
Size or Type of Container
3 Yard 4 Yard 6 Yard
$272.43 $332.11 $431.62
$544.86 $664.22 $863.24
$89.58 $103.36 $126.34
8 Yard
N/A
N/A
N/A
Item 70 —Return Tri s
Item 51 —Restart Fees
Item 150 —Units Loose and/or
Bulk Material
Item 255 -—Container Service —Com acted —Customer-Owned
Permanent Service Rates
Item 240 —Container
Service -Non-Com acted —Com an —Owned Item 255 —Container Service —
Com acted —Customer-Owned
Page 160 of 325
Permanent
Service 1
Additional
Return
Trip Charge
Restart Charge 3
2 Yard
$52.19
$26.66
$52.94
Size or Type of Container
3 Yard
$62.92
$26.66
$52.94
4 Yard
$76.70
$26.66
$52.94
6 Yard
$99.68
$26.66
$52.94
8 Yard
N/A
N/A
N/A
Item 70 —Return Tri s
—Dro Box Service —Non-Com acted —Com an —
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 16 of 20
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge will be assessed on each pickup where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
b)A return trip charge will be assessed when the company driver is required to make a
return trip that does not require the special dispatch of a truck,to pick up a Cart or
material that was unavailable for collection for reasons under the control of the
Customer.See
c)A disconnect/reconnect fee of $3.95 per pickup will be assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Notes:
1)Permanent service is de?ned as no less than scheduled,every week pickup.Customer
will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partially filled containers.
2)Special pickup is the total of each additional pickup rate plus
3)Service restart subject restart fees.See
4)If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
Non-Compacted Material Rates are stated per Drop Box,per pick-up.1
Item 70 —Return Tri s
Item 51 —Restart Fees
Item 150 —-Units Loose and/or
Bulk Material
Accessorial Charges
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable Containers
Pickup
Page 161 of 325
Permanent Service Rates for City of Pasco
Temporary Service Rates
Permanent
Service 2
Delivery Charge
Haul Charge
Trip Charge
Restart fee 5
Prepayment 7
Minimum Monthly
Charge 3
Mileage Charge 5
Temporary
Service 4
Delivery Charge
Haul Charge
Trip Charge
Daily Rental
Charge
Prepayment 7
Mileage Charge 5
11 and 15 Yard
$67.12
$170.82
$67.12
$52.94
$250.00
$170.82
11 and 15 Yard
$67.12
$171.12
$67.12
$9.15
$250.00
Size or Type of Container
20 Yard
$67.12
$176.92
$67.12
$52.94
$250.00
$176.92
30 Yard
$67.12
$183.01
$67.12
$52.94
$250.00
$183.01
$3.95/mile
40 Yard
$67.12
$195.23
$67.12
$52.94
$250.00
$195.23
Size or Type of Container
20 Yard
$67.12
$177.20
$67.12
$9.15
$250.00
30 Yard
$67.12
$183.30
$67.12
$9.15
$250.00
$3.95/mile
40 Yard
$67.12
$195.51
$67.12
$9.15
$250.00
50 Yard
$67.12
$207.42
$67.12
$52.94
$250.00
$207.42
50 Yard
$67.12
$207.71
$67.12
$9.15
$250.00
Item 205 —Roll-Out Char es and Gate Char es -Carts and Detachable
Containers
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 17 of 20
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
a)A gate charge will be assessed on each pick up where the driver is required to unlock a
container,locking bar,enclosure or open a gate in order to access a Cart or Container.
See
b)A trip charge will be assessed when the company driver makes a trip to the Customer's
location,but due to reasons under the control of the Customer,was not able to complete
the haul.See Item 70 —Return Tri s
Accessorial Charges
Page 162 of 325
Notes:
Item 150 ——Units Loose and/or
Bulk Material Item 207 —Excess Wei ht —Reection of Load Char es to Trans ort
Item 230 —Dis osal Fees
1)
2)
3)
4)
5)
5)
7)
8)
Rates in this item are subject to disposal fees named in
I
and
Permanent service means Drop Box service provided at Customer's request for more
than 90 days.
For permanent service accounts,if a Drop Box is retained by a Customer for a full month
and no pickups are ordered,a minimum monthly rent charge will be assessed.
Temporary service means providing Drop Box service at the Customers request,for a
period of 90 days or less.
Restart subject to
Rates named in this item apply for all hauls within the city limits of Pasco,to the disposal
site.Any miles driven outside the city limits of Pasco will be charged at $3.95 per mile.
Mileage charge is in addition to all regular charges.
A prepayment will be assessed on permanent and temporary service accounts as noted
above.The prepayment will be applied to the Customer's account in the event of non-
payment or be returned to the Customer upon termination of service.For permanent
Drop Boxes,the prepayment will be applied to Customer account upon termination or
after one year
If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
Compacted material rates are stated per Drop Box,per pickup for the city of Pasco service
area.
N/N/A
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 18 of 20
Delivery Charge
Haul Charge
Trip Charge
Prepayment 3
Restart Charge 2
N/A
$210.59
$67.12
$250.00
$52.94
N/A
$210.59
$67.12
$250.00
$52.94
$210.59
$67.12
$250.00
$52.94
$210.59
$67.12
$250.00
$52.94
Size or Type of Container
Permanent Service
11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard
Item 150 —Units Loose and/or
Bulk Material
Item 270 —Dro Box Service —Com acted —Customer-Owned
Permanent Service Rates
Item 51 —Restart Fees
Page 163 of 325
Permanent Service
Size or Type of Container
11 and 15 Yard 20 and 25 Yard 30 and 35 Yard 40 Yard
Item 70 -Return Tri s
Bulky Material
Item 300 —List of Abbreviations and S mbols Used in this Exhibi
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 19 of 20
Accessorial charges include charges for lids,unlocking cart,unlatching cart,etc.
3)
b)
Notes:
1)
2)
3)
A gate charge will be assessed on each pick up where the driver is required to unlock a
container,locking bar,enclosure or open a gate to access a Cart or Container.See
A Compactor disconnect/reconnect charge of $3.95 per haul will be assessed when
Drop Boxes with compactors require connecting or disconnecting.
A trip charge will be assessed when the company driver makes a trip to the Customer's
location,but due to reasons under the control of the Customer,was not able to complete
the haul.See
A turn around charge of $36.58 per haul will be assessed when company driver must
turn the Drop Box around to empty and/or re-connect the Drop Box.
Rates named in this item apply for all hauls within the city limits of Pasco,to the disposal
site.Any miles driven outside the city limits of Pasco will be charged $3.95 per mile.
Mileage charge is in addition to all regular charges.
Rates in this item are subject to disposal fees named in
Restart subject to
A prepayment will be assessed on all (new)Drop Box Compactor service accounts as
noted above.The prepayment will be applied to the Customer's account in the event of
non-payment or be returned to the Customer after one year
If a Customer requests Contractor to pick up any appliance that contains freon,the
Customer will be charged a freon discharge fee.See
(C)Denotes changes in wording
(N)Denotes new rates,services,or rules
(N/A)Denotes not available
Item 230 —Dis osal Fees
Item 51 —Restart Fees
Item 150 —Units Loose and/or
Mileage Charge
Accessorial Charges
Item 205 —Roll-Out Char es and Gate Char es —Carts and Detachable Containers
$3.95/mile
Page 164 of 325
***denotes that material previously shown has been deleted
Yd.Or yd.Are abbreviations for yard
Cu.Or cu.Are abbreviations for cubic
Exhibit C,Effective 01-01-2024 through 12-31-2024 Page 20 of 20
Page 165 of 325
COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
City of Pasco
and
Basin Disposal,Inc.
November 16, 2015
EXHIBIT B
Page 166 of 325
Table of Contents
RECITALS,AGREEMENT,DEFINITIONS ...............................................................
...
..1
AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT ..............1
TERM;AUTOMATIC EXTENSIONS ......................................................................
......
..1
3.1.
3.2.Automatic Extensions ...............................................................
.......................
..
SCOPE OF WORK .................................................................
..........................................
..2
4.1.General Terms and Conditions ...................................................................
.....
..2
4.2.City Service Area ..........................................................
...................................
..2
4.3.Sole and Exclusive Solid Waste Service Provider ...2
4.4.Annexation ..............................................................
.........................................
..3
4.5.Unsafe Conditions at Pick-Up Locations ...........................................................4
4.6.Hours/Days of Operation .............................................................
....................
..4
4.7.Employee Conduct ..................................................................
.........................
..4
4.8.Disabled Persons Service.......5
4.9.Holiday Schedules ..................................................................
.........................
..5
4.10.Inclement Weather and Other Service Disruptions ...........................................5
4.11.Suspending Collection from Problem Customers ..............................................5
4.12.Missed Collections ..................................................................
.........................
..6
4.13.Schedule of Solid Waste Collection ..............
4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and
Equipment ...............................................
4.15.Residential Carts and Containers Inventory ......................................................7
4.16.Ownership of Equipment .........................................................................
........
..7
4.17.Spillage .................................................................
...........................................
..7
4.18.Disruption Due to Construction ..................................................................
.....
..7
4.19.Site Planning Assistance ............................8
4.20.Safeguarding Public and Private Property .........................................................8
4.21.Company Name ..........................................................
.....................................
..8
4.22.Coordination between City and Contractor .......................................................8
4.23.Disposal Restrictions and Requirements ...........................................................9
4.24.Disposal Site for Solid Waste .................9
4.25.Adjustment of Service Level for Certain Customers .........................................9
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4.26.Violation of Ordinance ..............................................................
......................
..9
4.27.Public Information ..................................................................
.........................
..9
4.28.Compaction of Solid Waste ......................................................................
.....
..l0
SOLID WASTE SERVICE ....................................................................
........................
..10
5.1 .Residential Service ..................................................................
.......................
..10
5.1 .1.Residential Customer Solid Waste Service ......................................................10
5.1.2.Residential Carts ....................................................................
........................
..10
5.1.3.Senior,Low Income Discount .....1l
5.1.4.Household Hazardous Waste Program ............................................................13
5 .2.Commercial Service ..............................................................................
.........
..13
5.2.1.Commercial Customer Solid Waste Service ....................................................13
5.2.2.Commercial Containers ..........................................................................
.......
..14
5.2.2.1 Container Types ....................................................................
.........................
..14
5.2.2.2.General Terms and Conditions Applicable to Commercial Containers ...........14
5.2.2.3.Additional Fees .....................................................................
........
......15
5.2.2.4.Customer-Owned Drop-Box Containers ..........................................................15
5.3.Temporary Solid Waste Service Plans .............................................................16
5.4.Solid Waste Service to City Properties and Facilities .....................................16
5.5.Recyclable Materials and Green Waste ...........................................................17
5.6.Miscellaneous Solid Waste Services ...............................................................17
5.7.Customer Service 18
5.7.1.Customer Service Of?ce .........................................18
5.7.2.Complaints .........................................................................
............................
..18
5.7.3.Emergency Contact ...............................................................................
.........
..19
5.8.Reports ............................................................................
...............................
..l9
COMPENSATION ............................................................................
.............................
..19
6.1.Basis for Determination of Solid Waste Service Rates ...................................l9
6.2.Compensation for Solid Waste Services .................19
6.3.Adjustment to Solid Waste Service Rates .......................................................20
6.3.1.Annual Rate Adjustment .............................................................
...................
..20
6.3.2.Adjustments to Tipping Fees and Disposal Fees .............................................20
6.3.3.Fuel Expense Adjustments ...........................................................
..................
..21
6.3.4.Annual Rate Adjustment Cap ....................................................................
....
..21
6.3.5.Solid Waste Disposal Cost Adjustment ...........................................................22
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Page iii
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10.
6.3.6.Tax Additive .....................................................
............
.....22
6.3.7.Other Modi?cations ...........................................
...........................................
.
..
6.3.8.Changes in Impositions or Other Laws .........................................
.................
..23
6.3 .9.Termination by Contractor .......................................
......................................
..23
6.4.Billing for Solid Waste Services;Delinquent Accounts ..................................23
6.5.Delinquent Accounts and other Customer Defaults.......
PERFORMANCE FEES,DEFAULT AND REMEDIES ..........................................
....
..
7.1.Performance Fees ............................................
............................................
...
..24
7.2.Default and Remedies ..........................................
..........................................
..25
NOTICES .............................................
.............................................
..............................
..25
INSURANCE AND BOND REQUIREMENTS..26
9.1.General Insurance Requirement .........................................
............................
..26
9.2.Minimum Scope of Insurance ..........................................
..............................
..26
9.3.Minimum Amounts of Insurance ........................................
...........................
..26
9.4.Deductibles and Self-Insured Retentions ........................................
...............
..27
9.5.Other Insurance Provisions .............................
9.6.Acceptability of Insurers ..............................................
..................................
..
9.7.Verification of Coverage ........................................
........................................
..27
9.8.Subcontractors..........................................
..........................................
............
..27
9.9.Performance Bond/Surety..
GENERAL TERMS ........................................................
..........
..
10.1.Indemni?cation..............................................
..............................................
..
..
10.1.1.Indemnify and Hold Harmless ..........................................
.............................
..28
10.1.2.Notice to Contractor;Defense ..........................................
.............................
..28
10.1.3.Industrial Insurance Immunity Waiver
10.2.Transfer of the Contract .........................................
.............................
..
10.2.1.Assignments,Subcontracts and Delegations ......................................
...........
..29
10.2.2.Changes in Control ............................................
............................................
..29
10.3.Legal ..........................................
..........................................
..........................
..30
10.3.1 Laws to GovemNenue
10.3.2 Attorney Fees ..........................................
..........................................
.............
..30
10.3.3 Arbitration ............................................
............................................
..............
..30
10.4.Compliance With Laws ...............................................
...................................
..30
10.5.Non-Discrimination...........................................
...........................................
.
..30
Comprehensive Solid Waste Collection Agreement
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10.6.
10.7.
10.8.
10.9.
10.10.
10.10.]
10.10.2
10.11.
10.12.
10.13.
Permits and Licenses..............................31
Relationship of Parties ........................31
Bankruptcy .......................................................................................
..............
..31
Right to Renegotiate or Amend ..................................................................
...
..31
Force Majeure ....................................................................................
............
,.32
Force Majeure Events ............................................................................
........
..31
Force Majeure Occurrences of Non-Default ....................................................32
Illegal Provisions/Severability ........................................................
...............
..32
....32
Entirety ...........................................................................................
................
..33
Comprehensive Solid Waste Collection Agreement
Page V
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COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
This Comprehensive Solid Waste Collection Agreement (“Agreement”)is made and
entered into this 16 day of November,2015 (“Effective Date”),by and between the City of
Pasco,a Washington municipal corporation (the “City”),and Basin Disposal,Inc.,a Washington
corporation (“Contractor”).
RECITALS
A.Contractor desires to provide,and has the experience,resources and expertise
necessary,to perform solid waste collection services.
B.Contractor currently provides solid waste collection service to the City under an
agreement executed on March 15,1993 (as amended,the “Original Agreement”),which will
expire not sooner than December 31,2022.
C.The City and Contractor desire to amend and replace the Original Agreement in
its entirety to recognize,among other things,the extensive,on-going capital investment made
by Contractor to achieve and pass on to customers the cost savings from the ef?ciencies
gained thereby.
NOW,THEREFORE,in consideration of the mutual covenants,agreements and
promises herein contained,the City and Contractor do hereby agree as follows:
AGREEMENT
1.DEFINITIONS
Capitalized terms used in this Agreement shall have the meanings given them in
Exhibit A.
2.AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT
Effective as of the Commencement Date,the Original Agreement is hereby amended
and replaced in its entirety by this Agreement.
3.TERM;AUTOMATIC EXTENSIONS
3.1.Term
The initial term of this Agreement (“Term”)shall be for fifteen (15)years,
commencing on January 1,2016 (the “Commencement Date”),and expiring on the day
before the sixteenth (16th)armiversary of the Commencement Date (the “Expiration
Date”).
Comprehensive Solid Waste Collection Agreement
Page 1
Page 171 of 325
3.2.Automatic Extensions
On each anniversary of the Commencement Date,the Expiration Date shall
automatically be extended by one (1)year unless either party has given ninety (90)
days written notice of termination to the other party,in which case the Agreement shall
terminate on the Expiration Date in effect as of the date of such written notice of
termination.
SCOPE OF WORK
4.1.General Terms and Conditions
Contractor shall collect,transport and dispose of all Solid Waste,Household
Hazardous Waste and any other materials herein authorized,from each and every
Customer within the Service Area pursuant to the tenns and conditions of this
Agreement.
4.2.City Service Area
Contractor shall provide all of the services described in this Agreement to the entire
City Service Area.
4.3.Sole and Exclusive Solid Waste Service Provider
During the Term of this Agreement,Contractor shall be the sole and exclusive provider
to manage,collect,transport and dispose of Solid Waste and Household Hazardous
Waste,and,as applicable,to manage,collect,transport and process Recyclable Materials
and Green Waste subject to a separate collection service requested by the City or the
jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting
such authority to the WUTC,all as more particularly described in Section 5.5.herein,and
any other materials authorized for collection pursuant hereto,within the City Service
Area.When requested by Contractor,the City shall seek to enforce the rights the City
has granted to Contractor hereunder;however,the City shall not be obligated to instigate
litigation to protect the right of Contractor.Contractor may independently enforce its
rights under this Agreement against third party violators,including but not limited to
seeking injunctive relief,and the City shall use good faith efforts to cooperate in such
enforcement actions brought by Contractor (without obligating the City to join any such
litigation).Such efforts may include but not be limited to cease and desist letters,
assistance with documenting violations and other activities.Notwithstanding the
foregoing,the City shall enforce its municipal code in the ordinary course against any
third parties providing unauthorized Solid Waste service.
Any material discarded by a Customer for which it pays to collect,process and/or dispose
of the material shall constitute “Solid Waste”subject to all terms and conditions of this
Agreement.This Agreement will not apply to Solid Waste,Recyclable Materials,Green
Waste,Household Hazardous Waste and Agricultural Processed Waste self—hauledby the
generator,or Green Waste generated and hauled by private landscaping services.
Comprehensive Solid Waste Collection Agreement
Page 2
Page 172 of 325
4.4.Annexation
If additional territory is added to the City through annexation or other means,
Contractor shall make collections in such annexed areas in accordance with the
provisions of this Agreement at the unit prices set forth in this Agreement,provided
however,the remaining Term of this Agreement shall not be less than ??een (15)years
from the effective date of such annexation.If the City has given Contractor a notice of
termination of this Agreement prior to such annexation,the annexed area shall not be
added to this Agreement except with the written consent of Contractor,which may be
withheld at the sole discretion of Contractor.If the armexed area is added to this
Agreement,the parties shall execute an amendment to this Agreement consistent with
the provisions of this section,including the replacement of Exhibit B depicting the City
Service Area.If Contractor possesses a WUTC certi?cate or other franchise for Solid
Waste collection in the annexed area at the time of annexation,the amendment of this
Agreement to add the annexation area to the City Service Area shall be in lieu of the
grant of a franchise pursuant to RCW 3513280 or RCW 35.A.l4.900,as applicable,
and Contractor shall waive and release its right to claim any damages or compensation
from the City arising out of the cancellation of any pre-existing permit,certi?cate or
franchise held by Contractor prior to annexation,and ?rrther speci?cally waives the
right to receive any additional compensation or any rights of collection in the newly-
annexed territory beyond what is provided herein.Subject to the provisions hereof,
Contractor acknowledges that its certi?cate applicable to those future armexation areas
shall be cancelled effective the date of annexation by the City.
If a party other than Contractor holds the WUTC certi?cate for any such future
annexed territory,the City shall work with such party in good faith using commercially
reasonable efforts to provide for the timely termination of such party's right to provide
Solid Waste collection service to the subject armexation area.Upon termination of
such party’s right to provide Solid Waste service to said annexation area,the parties
shall cause the subject annexation area to be added to the City Service Area as
provided above and subject to the terms and conditions of this Agreement.The City
will indemnify,hold harmless and defend Contractor from any and all claims,actions,
suits,liabilities,losses,costs,expenses and damages,including costs and attorney fees,
asserted by such parties providing solid waste collection service arising from
Contractor’s service in such armexed territory pursuant to this Agreement.
The City acknowledges that Contractor shall require a reasonable amount of time to
secure the necessary equipment,including but not limited to vehicles,Residential Carts
and Containers,to service the annexed area,and shall not penalize Contractor for
reasonable delays in the provision of services to annexed areas covered by this
Agreement due to procurement delays that are not within the commercially reasonable
control of Contractor.Customers within the annexed area shall receive the Residential
Carts and Containers described herein in accordance with the provisions of this
Agreement.In the event that an annexed area is being serviced with Residential Carts
and Containers different from the City’s program,Contractor shall be responsible for
timely Customer notification and removal of the existing Residential Carts and
Comprehensive Solid Waste Collection Agreement
Page 3
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Containers and delivery of appropriate Residential Carts and Containers within a
reasonable time.
4.5.Unsafe Conditions at Pick—UpLocations
If,in Contractor’s commercially reasonable discretion,a Customer is located in an area
that does not permit safe access,turn—aroundor clearance for Contractor’s vehicles,
Contractor shall provide Solid Waste service to such Customer provided the Customer
sets out its materials adjacent to the nearest Public Street or Private Road allowing such
safe access and Contractor is provided with reasonable advance notice of such location.
Contractor shall use commercially reasonable efforts to work with such Customer to
determine a safe location in compliance with applicable law.If Contractor in its
commercially reasonable discretion determines that a Private Road cannot be safely
negotiated or that providing drive-in service for Residential Customers shall be
impractical due to distance or unsafe conditions,Contractor and the City shall evaluate
the on-site conditions and make a determination of the best approach for providing Solid
Waste service to the affected Residential Customers.Contractor and the City shall
present feasible service options to the Customers concerning the nearest safe and
mutually convenient pick-up location.If Contractor believes that its vehicles shall cause
damage to a Private Road in the ordinary course of operation,Contractor may withhold
Solid Waste service from the respective Customers until such Customers provide a
damage waiver agreement to Contractor.
4.6.Hours/Days of Operation
Contractor shall make Solid Waste collections from Single-Family Residences,Multi-
Family Complexes and Mixed-Use Buildings on Monday through Friday between the
hours of 7:00 a.m.and 6:00 pm.,provided,however,that the City may authorize from
time to time temporary extensions or written exemptions of the collection period to
accommodate the special needs of Customers,provided further however,that Contractor
may conduct from time to time Solid Waste collections on Saturdays to the extent
necessary to make up missed collections.Contractor shall make Solid Waste collections
from non-Residential Commercial Customers on Monday through Friday between the
hours of 5:00 a.m.and 6:00 p.m.provided;however,the City shall have the authority to
notify the Contractor of which Commercial areas are located near Residential zoned
areas,and shall be subject to the Residential collection hours.
4.7.Employee Conduct
Contractor shall require its employees at all times on routes to be courteous,refrain from
making loud,inappropriate or obscene language,exercise due care,perfomi their work
ef?ciently and expeditiously,and avoid damage to public or private property.Contractor
shall further require its employees to use only that portion of private property reasonably
necessary to complete their duties,and to the extent reasonably possible,stay within
regular pedestrian walkways and paths and avoid crossing ?ower beds and hedges,
Contractor’s employees shall wear reasonably clean and presentable clothing while on
Comprehensive Solid Waste Collection Agreement
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their routes.If the City gives written notice to Contractor of any employee of Contractor
failing to comply with the above requirements,Contractor shall use commercially
reasonable efforts to remedy the issue as soon as possible,including temporarily or
pennanently removing such employee from all further performance of the work described
in this Agreement.
4.8.Disabled Persons Service
Contractor shall provide,at no additional expense,carry-out service of Solid Waste to
those Residential Customers that suffer from a documented disability that prevents them
from placing a Residential Cart at the Curb.The Residential Customer shall provide
Contractor with veri?able information and complete the appropriate documentation prior
to such service being provided.Contractor’s criteria for carry-out service shall comply
with all local,state and federal regulations,and shall be subject to the City’s review and
approval prior to program implementation.
4.9.Holiday Schedules
Contractor shall provide regular Residential and Commercial collection services on all
weekdays,Monday through Friday inclusive,regardless of any holidays that may be
observed.Drop—BoxContainer collection service shall not be performed on New Year’s
Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving Day and Christmas.
4.10.Inclement Weather and Other Service Disruptions
If,in Contractor’s commercially reasonable discretion,weather or other route conditions
pose a danger to the public,Contractor’s employees or equipment,Contractor shall
provide Solid Waste service only to those portions of the City Service Area that do not
pose such a danger.Contractor shall provide the City within a reasonable time after such
event Contractor’s plans to make up missed Solid Waste collections.Unless the City
gives Contractor written notice of the City’s objections to such plans,Contractor may
perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays
following disruptions in order to make up missed collections.
4.11.Suspending Collection from Problem Customers
The City and Contractor acknowledge that,from time to time,some Customers may
cause disruptions or conflicts that make continued service to that Customer unreasonable.
Those disruptions or con?icts may include,but not be limited to,repeated damage to
Residential Carts or Containers,repeated refusal to position Residential Carts or
Containers properly,repeated suspect claims of timely set-out followed by demands for
return collection at no charge,and repeated claims of damage to the Customer’s property.
Contractor shall make every reasonable effort to provide service to those problem
Customers.However,Contractor may deny or discontinue service to a problem
Customer if reasonable efforts to accommodate the Customer and to provide services fail.
If the Customer submits a written letter to the City appealing Contractor’s decision,the
Comprehensive Solid Waste Collection Agreement
Page 5
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City may,in its sole discretion,intervene and attempt to mediate a resolution in the
dispute.The City may also require the denial or discontinuance of service to any
Customer who is abusing the service or is determined to be ineligible.
4.12.Missed Collections
If Contractor fails to collect Solid Waste from a Customer without permissible excuse
therefore,Contractor shall provide such service to the Customer within a reasonable time,
but in no event later than 6:00 P.M.of the business day following Contractor’s receipt of
noti?cation of the missed pick—up.Contractor shall maintain a record of all missed
collections reported by Customers (whether reported by telephone or e—mail)and
Contractor’s corrective action.If a Residential Cart or Container is set out
inappropriately,improperly prepared or contaminated with unacceptable Solid Waste,
Biomedical Waste or Hazardous Waste,Contractor shall not be obligated to collect the
materials from such Residential Cart or Container.Contractor shall place a noti?cation
tag on such Residential Cart or Container that identi?es the speci?c reason for not
collecting the Solid Waste,and maintain a record of such missed collections.If
Contractor is requested by the Customer to make a return trip due to no fault of
Contractor,Contractor shall be permitted to charge the Customer an additional fee for
this service at the rate speci?ed in the rate schedule attached hereto as Exhibit C (“Rate
Schedule”).
4.13.Schedule of Solid Waste Collection
Contractor shall perform Solid Waste services for each respective Residential Customer
pursuant to a regmlar schedule on the same day and as close to a consistent time as
possible;Contractor may vary,in its discretion,the collection routes and schedules for
Commercial Customers.Contractor shall provide dispatch service and equipment
capability to collect full Drop-Box Containers no later than the second (2nd)business day
after the Customer’s request.Contractor shall indicate,on a detailed map acceptable to
the City,the day of the week Solid Waste shall be collected from each Residential
Customer.Contractor may change the day of collection from time to time by giving the
City and the affected Residential Customers at least ?fteen (15)days prior written notice
of the different collection date.
4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and
Equipment
Contractor shall cause each of its vehicles to display the vehicle’s inventory number and
customer service telephone number in lettering not less than four (4)inches high and
clearly visible from a minimum distance of twenty (20)feet,together with appropriate
safety markings,including all highway lighting,?ashing and warning lights,clearance
lights,and warning ?ags in accordance with applicable laws.Contractor shall equip each
route,service and supervisory vehicle with properly licensed two-way communication
equipment capable of communication throughout the entire City Service Area with a base
station maintained by Contractor.In addition,Contraction shall cause all vehicles to
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carry regularly-maintained and fully—functionalspill kits,including absorbent pads or
granules,containment booms,storm drain covers,sweepers and other similar materials
suf?cient to contain,control and,for minor events,appropriately clean-up spillage or
release of wind-blown materials,litter,or leaks of ?uids or leachate from the vehicle.
Spill kits shall also include Contractor’s spill response procedure,which procedure shall
be developed as provided in Section 4.17.
Contractor shall cause all vehicles and equipment to be maintained in good operating
condition at all times.In addition,Contractor shall maintain its vehicles to ensure that no
liquid wastes (such as Solid Waste leachate)or oils (lubricating,hydraulic or fuel)to be
discharged from the vehicles except to appropriate facilities.Contractor shall regularly
clean and wash thoroughly all vehicles used in the collection of Solid Waste.Contractor
shall cause its vehicles to be repainted from time to time as needed to maintain a clean
and professional appearance.
4.15.ResidentialCarts and Containers Inventory
Contractor shall procure and maintain a suf?cient quantity of Residential Carts and
Containers to service the City’s Customer base,including for seasonal and economic
variations in the demand for Residential Carts and Containers.
4.16.Ownership of Equipment
All vehicles,facilities and property used in performance of work under this Agreement
shall be owned or leased by Contractor.The City shall have no obligation to provide
equipment,facilities or personnel in connection with Contractor’s duties hereunder.
4.17.Spillage
Contractor shall cause any blowing or spillage of Solid Waste,or leachate from
Contractor’s vehicles,to be cleaned up immediately by Contractor’s employees.For any
spill of leachate requiring more equipment or treatment other than the spill kits carried on
a collection vehicle,Contractor shall promptly notify the City of such event.Contractor
shall develop and submit to the City for its review a spill response procedure,and shall
incorporate any commercially reasonable comments that the City provides.The spill
response procedure shall include a list of emergency contacts,which shall be reviewed
annually and updated as necessary.
4.18.Disruption Due to Construction
If a Public Street is under construction such that the work interferes with Contractor’s
services,Contractor shall use commercially reasonable efforts to account for such
interruption to permit the prudent and safe collection of Solid Waste from affected
Customers.
Comprehensive Solid Waste Collection Agreement
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4.19.Site Planning Assistance
The City shall,as part of its permitting process,cause written notice to be given to
Contractor of any development permit application containing plans for the construction
of a new or substantially remodeled building or other permanent structure,where
commercial container service is contemplated for solid waste,so that Contractor may
provide,but has no obligation to do so,written comments concerning Contractor’s ability
to access Containers and provide safe and efficient collection services to such property.
Upon request and at standard rates determined from time to time by Contractor,
Contractor shall provide site planning assistance to property owners or their
representatives.The site plarming assistance shall be available for all new construction or
remodeling of buildings and structures within the City Service Area,and shall address the
design and planning of Solid Waste removal areas and their location upon the site.
Contractor shall provide its assistance for optimizing loading docks,enclosures,
compactor equipment and other similar structures or areas,provided however,that such
site planning consultation service shall be made without warranty and without liability of
any sort,and Contractor may require a commercially reasonable waiver to such effect
prior to giving such site planning assistance.
4.20.Safeguarding Public and Private Property
Contractor shall use commercially reasonable efforts to avoid causing damage to any
public and private improvements,facilities and utilities whether located on public or
private property.If such improvements,facilities,utilities or Curbs me damaged and
such damage is due to the negligence or intentional misconduct of Contractor,Contractor
shall notify the City immediately in writing of such damage.If such damage is of a type
not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated
by Contractor,Contractor shall either repair such damage,if practicable,or reimburse the
City for the reasonable cost of repairing such damage,which cost shall be the cost of
restoring such property to the condition immediately prior to such damage.
4.21.Company Name
Contractor shall not use a trade name containing any words that implies Contractor is
operated or owned by the City.
4.22.Coordination between City and Contractor
Within a sixty (60)days time after receipt of written request of either party,the other
party shall meet at the City’s offices to resolve any operational issues with Contractor’s
services.Contractor shall provide the City with access to Contractor’s route and
Customer service data,billing information,safety records,equipment,facilities and other
applicable items,and the City shall provide Contractor with access to the City’s records
applicable to the issue.
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4.23.Disposal Restrictions and Requirements
Except as expressly provided herein,Contractor shall not knowingly or negligently
collect,transport or dispose of Hazardous Waste or Biomedical Waste,and shall have no
responsibility for such waste.Contractor shall not be required to collect Hazardous
Waste,Biomedical Waste or any other materials that are either restricted from disposal or
would pose a danger to Contractor’s collection crews.If materials are rejected for this
reason,Contractor shall leave a written notice with the rejected materials listing why they
were not collected and providing the Customer with a contact for further information
about proper disposal options.The Customer shall remain responsible for all costs
associated with handling and disposal of such materials inadvertently collected by
Contractor.
4.24.Disposal Site for Solid Waste
Contractor shall deliver all Solid Waste to an appropriate disposal site operated by
Contractor or such other disposal site or sites that satisfy applicable state regulations.
Contractor shall provide the City with a list of the disposal sites being used by
Contractor.
4.25.Adjustment of Service Level for Certain Customers
If Contractor in its commercially reasonable discretion determines that a Residential
Customer is generating quantities or types of Solid Waste different from a typical
Residential Customer,Contractor shall notify City of the same.Within thirty (30)days
of Contractor’s notice,City shall determine if the Residential Customer maintains a
commercial enterprise from the Residence,for example by determining if a business
license has been issued declaring the business address to be same as the Residence,and
should be served by a commercial Solid Waste service plan.If City determines that the
customer is operating as a commercial enterprise,said Residential Customer’s service
shall be revised to the appropriate commercial service most closely approximating the
service required by the affected Customer,as determined by Contractor.
4.26.Violation of Ordinance
Contractor shall promptly give written notice to the City of any observed violations of the
City’s ordinances concerning the containerization,collection,transport and disposal of
Solid Waste.
4.27.Public Information
The City may develop,at its expense,public outreach and education programs
concerning the reduction of Solid Waste,the recycling of Recyclable Materials,any other
programs concerning Solid Waste service within the City Service Area,including the
mandatory Solid Waste collection requirements for all Customers in the City Service
Area.Contractor shall cooperate in good faith with the City to design and distribute
promotional materials to Customers throughout the City Service Area.
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4.28.Compaction of Solid Waste
If any Commercial Customer should deposit into its Container a substantial amount of
compacted Solid Waste,or any other Solid Waste that has been subjected to a process
modifying its composition or nature resulting in the reduction of its volume because of an
increase in density,Contractor may assess against such Commercial Customer an
additional charge equal to the difference in compacted and uncompacted Solid Waste
service rates set forth in the Rate Schedule.
SOLID WASTE SERVICE
5.1.Residential Service
5.1.1.Residential Customer Solid Waste Service
Contractor shall collect,transport and dispose of Solid Waste from all Residential
Customers within the City Service Area,provided that the Solid Waste is properly
contained in Residential Carts supplied by Contractor and set out for collection at
the Curb on or abutting Public Streets or Private Roads,together with any
additional Solid Waste contained in appropriate bins,bags,cans or other
receptacles that could not be placed in the Residential Carts.In addition,
Contractor shall collect an unlimited number of Solid Waste Units that are
properly set out by a Residential Customer adjacent to its Residential Cart.
Contractor’s collection of Solid Waste placed outside of the Residential Cart shall
be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each Unit of Solid Waste not provided in this manner for
collection shall be subject to a special pickup charge as provided in the Rate
Schedule.Contractor shall also dispose of passenger vehicles tires,but not truck
or tractor tires,from Residential Customers.If,in Contractor’s commercially
reasonable discretion,Contractor determines that a Residential Customer is
disposing of passenger vehicle tires in excess of four (4)per year,Contractor may
assess the affected Residential Customer a charge for tire disposal in accordance
with the rate set forth in the Rate Schedule.
5.1.2.Residential Carts
Contractor shall provide each Residential Customer within seven (7)business
days of the Customer’s request with a 96-gallon Residential Cart,provided
however,that qualifying Residential Customers may request the use of a 64-
gallon Residential Cart as described in Section 5.1.3.Residential Carts shall be
rodent and insect proof,and equipped with functional wheels or rollers.
Contractor shall maintain all Residential Carts in good condition without any
jagged edges or holes.If Contractor’s employees note any damaged hinges,
holes,poorly functioning wheels or other conditions requiring repair,Contractor
shall repair,at its sole cost,such condition without need of request from the
Customer.Contractor shall repair the Residential Cart within seven (7)business
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days of request or notice of a condition requiring repair,or provide a temporary
Residential Cart as necessary.Contractor shall replace,at its sole cost,any
Residential Cart that is damaged or missing on account of accident,act of nature
or the elements,?re,or theft or vandalism by other members of the public within
three (3)business days.Contractor may provide replacement Residential Carts
that are new or used and reconditioned,provided such Residential Carts are clean
and presentable.Contractor shall collect and dispose of damaged and unusable
Residential Carts.I?in Contractor’s commercially reasonable discretion,
Contractor has to replace or repair a damaged Residential Cart as a result of
excess wear and tear or otherwise the result of the negligence or intentional
misconduct by the Residential Customer,Contractor may charge the Residential
Customer a replacement fee for such Residential Cart at the rate set forth in the
Rate Schedule.Residential Customers shall be responsible for the cleaning of
their Residential Carts.
Residential Carts placed for collection shall not weigh in excess of one hundred-
twenty (120)pounds for the 64-gallon Residential Cart or one hundred-eighty
(180)pounds for the 96—gallonResidential Cart.
5.1.3.Senior,Low Income Discount
Contractor shall provide Solid Waste service to those Residential Customers
qualifying for the senior,low income discount rate set forth in the Rate Schedule
upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2,
except that such qualifying Customers shall be provided with one 64—gallon
Residential Cart,and such Residential Customers shall be limited only to the use
of such Residential Cart for the disposal of Solid Waste.Each Unit of Solid
Waste not placed within such Residential Cart for collection shall be subject to
additional pickup charges at the rate set forth in the Rate Schedule.If a senior,
low income Residential Customer sets out more Solid Waste than may be
contained in a 64 gallon Residential Cart on two or more occasions in any
calendar year,Contractor may at any time thereafter cause such Residential
Customer to change to the Unlimited Residential Customer service plan at the
applicable service rate set forth in the Rate Schedule.
Prior to Contractor providing such discounted service,the City shall give written
notice to Contractor that the senior,low income Residential Customer has
certi?ed each of the following conditions to the City,and that the City has
verified to the extent reasonably possible,as being true and correct:
(i)The Residential Customer is a single occupant of or the head of a
household all of whose members have combined armual income from all
sources that is not greater than the United States Federal Poverty Level.
Such poverty level shall be determined by the “Very Low Income Limits”
and updated annually by the City;and
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(ii)The Residential Customer must be the customer of the solid waste service
and must be directly responsible for the payment of the solid waste bill;
and
(iii)The Residential Customer is the fee simple owner,or the primary tenant
named on the lease,of a Single Family Residence and has resided at such
location for a period of not less than ninety (90)consecutive days and
must intend to remain at such place;and
(iv)The Residential Customer is at least sixty—two(62)years of age or older;
and
(V)The Residential Customer shall state on oath that the one (1)64 gallon
Residential Cart shall be adequate to meet the requirements of the
Residential Customer without creating a public nuisance or a public health
hazard;and
(vi)The City may require the person demonstrating satisfactory proof for a
house hold that quali?es for the rates set forth in this section to make an
updated application at any time.“Head of the household”means the
person owning or having control of the dwelling unit.In the case of a
husband and wife,either person shall be considered the “head of the
household”;and
(vii)The Residential Customer has ?led the appropriate application under oath
with the City that the Residential Customer shall inform the City in
writing if there is any change in the household’s status as it relates to the
requirements set forth in (i)—(vii)above,and acknowledges the City may
require a.n updated application at any time.
The City shall,from time to time but not more than once per month,provide
Contractor with a list of the Residential Customers that have satis?ed the above
conditions and quali?ed for the applicable discount rate,which discount rate shall
go into effect for the subject Residential Customers not later than thirty (30)days
after the date of such written notice from the City.
Contractor may terminate such discounted service if and when Contractor or the
City has a reasonable belief that such Residential Customer no longer quali?es for
such discounted service.The City upon its own volition,or within thirty (30)
days of receipt of Contractor’s written notice,shall use reasonable due diligence
to determine if such Residential Customer continues to qualify for such
discounted service.If the qualifying Residential Customer loses such status,
Contractor shall provide written notice to the Residential Customer and the
service rate for Unlimited Residential Service shall be assessed for the first Solid
Waste service occurring a?er the date of such written notice.
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5.2.
5.1.4.Household Hazardous Waste Program
Contractor shall accept Household Hazardous Waste from Customers residing in
Residences within the City Service Area whose accounts with Contractor are in
good standing.Contractor shall comply with all applicable State of Washington
statutes and regulations including,but not necessarily limited to,Department of
Ecology guidelines and permit requirements.At least once per week on a day
approved by the City for a minimum of eight (8)consecutive hours,Contractor
shall accept without charge Household Hazardous Waste at a facility properly
licensed and approved by the City to receive such materials.Contractor may also
accept,but has no obligation to do so,other hazardous waste from any other
person or Customer,provided that such additional service complies with all
applicable laws and contractual obligations of Contractor,and upon such terms
and conditions and service rates acceptable to Contractor.Contractor shall
transport and dispose of all collected Household Hazardous Waste to an
appropriate disposal site.Contractor shall regularly publish brochures concerning
the Household Hazardous Waste program,including the location of the facility
and the hours of service.
The parties hereto acknowledge that the Household Hazardous Waste program is
conditioned upon and subject to the continuing effectiveness of that certain
agreement by and among Contractor,the City and Franklin County,pursuant to
which Franklin County has delegated to Contractor the county’s duties under
Washington state law to implement and administer a Household Hazardous Waste
program.Contractor shall cause the cost of such program to be included in the
service rates set forth in the Rate Schedule in full compensation of such services.
If and when such agreement or Contractor’s obligation thereunder has been
terminated,the Household Hazardous Waste program made part of this
Agreement shall also be automatically terminated.In such event,the portions of
this Agreement authorizing and requiring Contractor to collect Household
Hazardous Waste shall be deemed terminated without further action required of
any party,and Household Hazardous Waste shall be deemed to be unacceptable
waste for collection.On the next Annual Adjustment Date following the date on
which Contractor is no longer required to collect such waste,Contractor shall
equitably adjust its service charges for each level of Solid Waste service.
Commercial Service
5.2.1.Commercial Customer Solid Waste Service
Contractor shall collect Solid Waste from all Commercial Customers within the
City Service Area,provided that the Solid Waste is properly contained within
Containers supplied by Contractor.
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5.2.2.Commercial Containers
5.2.2.1 Container Types
Contractor shall provide to each Commercial Customer,and each
Commercial Customer may select,the following types of Containers:
1.5-,2-,3-,4-,6-or 8-cubic yard Detachable Container;11-,20-,30-or
40-cubic yard Drop-Box Container;a 96—gallonor 64-gallon wheeled
cart similar to the respective Residential Carts.Contractor may from
time to time provide additional or remove existing Container service
options,provided however,that Contractor shall provide at least thirty
(30)days prior written notice to affected Commercial Customers with
service plans for Containers that are being discontinued.Detachable
Containers shall be watertight and equipped with tight-fitting metal or
plastic covers,which covers shall be closed by Contractor after every
collection service,and may be equipped with four (4)wheels for those
Containers with volumes of 4-cubic yards or less.Drop-Box Containers
shall be constructed of metal,and if requested by a Customer,equipped
with a tight-?tting screened or solid cover operated by a winch system.
Detachable Containers up to 8-cubic yards shall not weigh in excess of
one thousand two hundred (1,200)pounds,and Drop-Box Containers
shall not weigh in excess of twenty thousand (20,000)pounds.
Commercial carts shall not weigh in excess of one hundred twenty (120)
pounds for the 64-gallon commercial cart or one hundred—eighty(180)
pounds for the 96-gallon commercial cart.
5.2.2.2.General Terms and Conditions Applicable to Commercial
Containers
Contractor shall furnish each Commercial Customer with the appropriate
Container within seven (7)business days of the Customer’s request.
Contractor shall deliver and place the Container on the Customer’s
property in a location determined by the Customer,provided such
location is reasonably acceptable to Contractor for the safe and efficient
collection thereof.Contractor shall maintain all Containers in good
condition without any leaks,jagged edges or holes.If Contractor’s
employees note any damage to a Container requiring repair,Contractor
shall repair,at its sole cost,the damage without need of request from the
Customer.Contractor shall repair the Container within seven (7)
business days of request or notice of a condition requiring repair,or
provide a temporary Container as necessary.Contractor shall replace,at
its sole cost,any Container that is damaged or missing on account of
accident,act of nature or the elements,?re,or theft or vandalism by
other members of the public within there (3)business days.Contractor
may provide Customers with either a new or used and reconditioned
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replacement Containers,provided such Containers are clean and
presentable.Contractor shall collect and dispose of damaged and
unusable Containers.If,in Contractor’s commercially reasonable
discretion,Contractor must replace or repair a damaged Container as a
result of excess wear and tear or otherwise the result of the negligence or
intentional misconduct by the Commercial Customer,Contractor may
charge the Customer a replacement fee for such Container.Not more
often than once per year,Contractor shall clean without additional cost,
said cost being included in the respective service plan,each Customer’s
Container.In addition,Contractor shall also replace a Container within
three (3)business days of request by the City if the City determines that
the Container fails to comply with reasonable health and safety
standards,provided however,that Contractor shall assess the Customer a
cleaning fee at the rate set forth in the Rate Schedule.
5.2.2.3.Additional Fees
Contractor shall not charge Commercial Customers an initial delivery
fee for a Container,except in the case of temporary Container service or
a Container redelivered to a Customer restarting service after having
service suspended with its Container removed because of non-payment
of invoices.Contractor shall charge a rollout fee in ten (10)foot
increments for Containers that must be rolled by Contractor more than
twenty (20)feet to reach the collection vehicle at its nearest point of
access.Gate and/or disconnect charges shall be assessed as set forth in
the Rate Schedule when Contractor must open,unlock,or close a gate in
order to service a Container.Contractor may assess additional charges
for excess materials loaded so as to lift,as applicable for such
Commercial Customer,the Detachable Container lid or Drop-Box
Container lid more than six (6)inches from the normally closed position.
Commercial Customers may request extra collections of Detachable
Containers in addition to the regular service,which additional service
shall be subject to an additional charge equal to the proportional amount
(e.g.one pick-up per week rate divided by 433 weeks per month)of
their regular monthly rate for that service.Extra collections of Drop-
Box Containers shall be provided at the regular rate set forth in the Rate
Schedule.
5.2.2.4.Customer-Owned Drop-Box Containers
Notwithstanding anything to the contrary in Section 5.2.2.1 above,
Contractor may service compactor Drop-Box Containers owned by
Commercial Customers at the special collection rates set forth in the
Rate Schedule.Contractor shall have no obligation to maintain,repair
or clean a compactor Drop-Box Container owned by a Commercial
Customer,and shall have no liability to such Customers for damage
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caused to such compactor Drop-Box Containers except in the event of
gross negligence or intentional misconduct by Contractor.If,in the
commercially reasonable discretion of Contractor,a Customer—owned
compactor Drop-Box Container is not safe,Contractor may elect not to
provide service until such compactor Drop-Box Container is made safe
for usage and transport.
5.3.Temporary Solid Waste Service Plans
Upon request of any Customer,Contractor shall provide on a temporary basis the
Container requested by said Customer at the rate set forth in the Rate Schedule for such
temporary service.The temporary service rate shall apply for all service requests that do
not exceed ninety (90)consecutive days.If the Customer requires a Container for a
longer period of time,Contractor may require the Customer to select the appropriate
Commercial service plan set forth in the Rate Schedule for the requested Container.If the
temporary service plan is in addition to a regular service plan in effect for the Customer,
Contractor shall be authorized to bill the Customer for both service plans.Contractor
may require the Customer to make a security deposit in advance of a temporary service
plan at the rate set forth in the Rate Schedule.
5.4.Solid Waste Service to City Properties and Facilities
Contractor shall provide the City with Solid Waste service from all City locations for
which the City desires service pursuant to the City’s service plan set forth in the Rate
Schedule.The City may modify the locations for which the City desires service by
providing Contractor with ten (10)days prior written notice,in which case,Contractor
shall adjust,if applicable,the fee payable by the City pursuant to the Rate Schedule
Exhibit C).As part of the City’s service plan,Contractor shall also provide ,without
direct cost to the City,Solid Waste service as defined in Exhibit “E”of up to 1,500 tons
(Base Tonnage)of Solid Waste gathered by the City from alley clean-ups,street
sweeping and sewer debris,and deposited in specially designated Drop-Box Containers
supplied by Contractor.The Solid Waste service shall be increased in increments of 250
tons of Solid Waste every ?ve years based on the City’s solid waste need over the Base
Tonnage.The Solid Waste service increase will be based on the following calculations:
(a)Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid
Waste tonnage from city owned properties with direct cost to the City,(b)if the Net Solid
Waste tonnage from city owned properties with direct cost is less than 250 tons,then no
change is required,and (c)if the Net Solid Waste tonnage from city owned properties
with direct cost is greater than 250 tons,then an increase will be required.
If the Net Solid Waste is greater than 250 tons,then the Net Solid Waste plus the Base
Tonnage will equal the new Total Solid Waste service for the next five years.Based upon
a change in the Total Solid Waste,the Contractor shall be able to adjust Solid Waste
service rates consistent with section 6.3.7.
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Contractor will send a quarterly accounting of the remaining balance of the total Solid
Waste service to be provided to the City without direct cost.The accounting period for
this Solid Waste service will begin on January l and end on December 31 of each
contract period.
5.5.Recyclable Materials and Green Waste
If,during the Term of this Agreement,the City elects to provide additional services
related to Curbside recycling of Recyclable Materials and/or Green Waste from
Residences consistent with revisions to and updating of the Franklin County
Comprehensive Solid Waste Management Plan,the City may request that Contractor
collect,transport,process and recycle Recyclable Materials from all Customers residing
in Residences located within the City Service Area.Within ninety (90)days of receipt of
such notice,Contractor shall provide the City with a written proposal of the service rates,
planned service routes and schedules for Customers residing in Residences and,if also
requested by the City,all other Customers,proposed Recycling Carts and Recycling
Containers,commodities that will qualify as Recyclable Materials based on current
market conditions,estimated interval to secure necessary equipment and facilities,and
any other pertinent terms and conditions of such service.Contractor shall remit all
proceeds from the sale of collected Recyclable Materials pursuant to the recycling
program to the City.If Contractor’s proposal is acceptable to the City,the City shall give
written notice (Exercise Date)to Contractor to commence providing such service within
the City Service Area on the date set forth in the City’s notice that is consistent with
Contractor’s proposal.Upon receipt of the City’s notice,the parties shall cooperate in
good faith to develop and distribute materials and information to Customers within the
City Service Area concerning the addition of the recycling and/or green service.
If the City declines to require a separate Recyclable Materials and/or Green Waste
service governed by this Agreement,the City shall permit,at Contractor’s written
request,the Washington Utilities and Transportation Commission (“WUTC”)to assume
jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans,which
will be implemented and operated by Contractor.
5.6.Miscellaneous Solid Waste Services
Contractor shall also provide the following special services:
(i)With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed—UseBuildings and Multi—FamilyComplexes
within the City Service Area,Contractor shall provide a special Solid Waste
service at the rate set forth in the Rate Schedule for Units of Solid Waste that
exceed the limitations set forth in the definition of “Solid Waste Units,”which
service shall be provided within ?ve (5)business days of the Customer’s request.
(ii)With respect to qualifying Customers,Contractor shall administer and provide
Solid Waste service as provided under and pursuant to Pasco City Code Section
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(iii)
(iv)
5.7.
6.04.240,“Special Collection and Residential Coupon,”for so long as said
program is in effect under the Pasco City Code.
With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed—UseBuildings and Multi—Fa1nilyComplexes
within the City Service Area,Contractor shall collect and dispose of refrigeration
and cooling devices common to households,such as refrigerators and air-
conditioning units,at the rates set forth in the Rate Schedule,provided however,
that the Residential Customer shall either request Contractor to purge and dispose
of the cooling substance as required by applicable law or provide Contractor with
a certi?cate reasonably satisfactory to Contractor from a quali?ed contractor
stating that the same has been completed prior to collection and disposal of such
item.
With respect to all Customers within the Service Area (except as otherwise
provided in Section 5.1.1),Contractor shall collect,transport,and dispose of tires
from passenger vehicles and trucks at the rate set forth in the Rate Schedule.
Customer Service
5.7.1.Customer Service Office
Contractor shall maintain a Customer service of?ce within the City Service Area
with a local telephone number or toll free phone number where Contractor may be
contacted by Customers during the hours of 8:00 a.m.to 5:00 p.m.Monday
through Friday,except for the holidays recognized by the State of Washington.
Contractor shall provide customer service functions relating to service delivery,
potential service options,service rates,receiving and resolving customer
complaints,dispatching temporary Containers and special collections,and
resolving billing questions.
5.7.2.Complaints
Contractor shall give prompt and courteous attention to all Customer complaints
received by Contractor.Contractor shall promptly investigate any complaint of a
missed collection,and if veri?ed,shall arrange for collection as provided in this
Agreement.Contractor shall maintain a record of actions taken on all material
and legitimate complaints that could not be resolved during the initial
communication with the Customer,regardless of how the complaint was received,
including date,time,Customer’s name and address (if the Customer is willing to
give this information),method of transmittal,and nature,date and manner of
resolution of the complaint in a computerized daily log.Contractor shall make a
conscientious effort to resolve all complaints promptly but otherwise within one
(1)business day of the original call or e-mail.The computerized daily log shall
be available for inspection by the City,or its designated representatives,during
Contractor’s of?ce hours,and shall be in a format reasonably acceptable to the
City.
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5.7.3.Emergency Contact
Contractor shall provide the City with the name and Contact information in the
event of an emergency requiring contact with Contractor outside of normal of?ce
hours.Contractor shall cause such representative to be available at said
emergency telephone number during all hours other than normal of?ce hours.
5.8.Reports
In addition to any report required by law,Contractor shall maintain records of the number
of loads of Solid Waste collected and transported within the City Service Area and the
approximate total tonnage of Solid Waste and any other material herein authorized hauled
by Contractor to Contractor’s disposal site.Contractor shall make such records available
to the City upon request.Subsequent to April 15 of each calendar year,and following at
least two (2)months prior written notice,Contractor shall provide to the City a pro?t/loss
?nancial statement for the preceding calendar year together with a pro-fonna ?nancial
statement for the ensuing calendar year.The City shall be permitted to review but not
make copies of the ?nancial statements.Upon the City’s request,Contractor shall make
available the same ?nancial statements to an accounting ?rm selected by the City and
reasonably acceptable to Contractor,provided,however,that the accounting ?rm
provides Contractor with a commercially acceptable form of con?dentiality agreement.
Contractor shall bear all reasonable costs of such accounting ?rm.
COMPENSATION
6.1.Basis for Determination of Solid Waste Service Rates
The parties expressly intend that the rates and charges established by this Agreement are
designed to capture all legitimate operating and capital costs incurred by Contractor and
to provide a fair rate of return on Contractor’s investment in providing all services
included under this Agreement as may be measured by extemal methodologies such as
the Washington Utilities and Transportation Commission’s “Lurito-Gallagher”
ratemaking methodology,or other such standards that will enable Contractor to establish
fair,just,reasonable and suf?cient overall rates in order to allow Contractor to innovate,
invest and continue to provide service types and levels responsive to the City’s
reasonable requirements hereunder.
6.2.Compensation for Solid Waste Services
Contractor may collect from each and every Customer within the City Service Area the
appropriate charge for the Solid Waste service plan selected by such Customer,together
with any additional charges,fees and expenses that may be incurred or requested by such
Customer,at the rates set forth in the Rate Schedule.Contractor shall act in good faith to
coordinate with Customers to minimize the charges assessed to Customers.
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6.3.Adjustment to Solid Waste Service Rates
6.3.1.Annual Rate Adjustment
Contractor’s service charges,excluding fuel expenses,for each level of Solid
Waste service shall increase once every year in an amount not to exceed eighty
percent (80%)of the annual percentage increase in the Consumer Price Index —
All Urban Consumers;West Region,Size B/C,standard reference base period
1982-84 =100,hereinafter referred to as the “Adjustment Index,”as determined
in this section.Adjustments to Contractor’s service charges shall be made in units
of one cent ($0.01).Fractions less than one cent ($0.01)shall not be considered
when making adjustments.
Rates shall be adjusted annually,beginning January 1,2016 (the “Adjustment
Date”).Contractor shall submit to the City for review and approval a “Rate
Adjustment Statement”showing the calculations of new service rates for the
following year,including a calculation of the percentage change in the
Adjustment Index for the most recent twelve (12)month period ending the June
prior to the Adjustment Date.Contractor’s calculations shall be provided to the
City annually no later than October 1“and the City shall have ninety (90)days to
con?rm Contractor’s rate modi?cation calculations.Upon receipt of the City’s
approval,which shall not be unreasonably withheld or delayed,the new rates shall
take effect on January 15‘of the subsequent year.
6.3.2.Adjustments to Tipping Fees and Disposal Fees
A tipping disposal or acceptance fee charged for Solid Waste shall be the
?nancial responsibility of Contractor,provided however,Contractor may
incorporate such disposal,tipping or acceptance fees as part of the service rates
set forth in the Rate Schedule.In the event of an adjustment in tipping fees or
disposal fees paid by Contractor,Contractor shall adjust the tipping fee and
disposal fee component of the Solid Waste service rates for each level of service
to re?ect such adjustment.Contractor shall provide the City with notice of any
tipping fee or disposal fee adjustment promptly upon knowledge thereof by
Contractor.Contractor shall provide to the City evidence supporting the
requested change in service fees as a result of an adjustment to tipping fees and
disposal fees at least forty-?ve (45)days prior to date requested by Contractor for
such adjustment to go into effect,which in any event shall not be earlier than the
date of the adjustment to the tipping fee or disposal fee.Upon receipt of the
City’s con?rmation that the calculations are correct,the new Solid Waste service
rates for each level of service shall take effect on the date requested by
Contractor.Contractor shall include a notice in the next invoice issued to the
Customers describing the increase in the service rates pursuant to this section.
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6.3.3.Fuel Expense Adjustments
Contractor may also assess to all Customers a “Fuel Surcharge,”provided the
surcharge is determined and used in accordance with the provisions hereinafter set
forth.The Fuel Surcharge shall be implemented and charged by Contractor in the
instance that the resulting calculation equals 0.5%or more as described below.
The following de?nitions apply to the use and application of the Fuel Surcharge:
0 Base Fuel Expense:the proportion of approved rates attributable to gross fuel
expense,hereby ?xed at 5.87%.
0 Base Fuel Price:the average cost of diesel fuel used at the time of the 2016
rate authorization,hereby ?xed at $3.79.
0 Current Fuel Price:the per gallon price for retail sales of “West Coast Number
2 Diesel Ultra-Low Sulfur”(0-15 PPM)for the most recent full month
reported in the “Monthly Diesel Prices —Ultra-Low”index published by the
Energy Information Administration of the US Government or the DGE index.
0 Fuel Surcharge:the product of multiplying the base fuel expense by the
percentage change between the base fuel price and current fuel price [e.g.
$3.79*(current price/$3.79)].
The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from
the Current Fuel Price and converting the difference to a percentage of the Base
Fuel Price;that percentage shall then be multiplied by the Base Fuel Expense and
the resulting product shall constitute the Fuel Surcharge.Contractor shall submit
to the City a Fuel Surcharge calculation worksheet by the 15th day of the month
immediately preceding the months of August,October,December,February,
April and June.The Fuel Surcharge shall be deemed approved and authorized
unless written objection from the City to the Contractor’s mathematical
calculations is received by Contractor within seven (7)days of the City’s receipt
of the worksheet.In such case,the parties shall meet within ?ve (5)business
days and work in good faith to resolve any alleged errors in such mathematical
calculations.A Fuel Surcharge shall commence only on the ?rst of each of the
calendar months named herein above,and shall continue in effect for a two-month
period,after which time a new Fuel Surcharge,if applicable,shall go into effect
pursuant to the provisions hereof.Contractor shall incorporate such Fuel
Surcharge in the Customers’invoices in a timely manner.
6.3.4.Annual Rate Adjustment Cap
The Annual Rate Adjustment Cap is met when the cumulative rate increases of
6.3.](Annual Rate Adjustment),6.3.2 (Adjustments to Tipping Fees and Disposal
Fees),6.3.3 (Fuel Expense Adjustment),and 6.3.5 (Solid Waste Disposal Cost
Adjustment,if applicable)meet or exceed ?ve percent (5%)as de?ned by the
Consumer Price Index in the United States Department of Labor--All Urban
Consumers;West Region,Size B/C,standard reference base period 1982-84 =
100 (Adjustment Index).
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If the Annual Rate Adjustment Cap is met,the Contractor may either limit all rate
increases (sections 6.3.1,6.3.2,6.3.3,and 6.3.5)at the Annual Rate Adjustment
Cap or proceed as outlined in section 6.3.7.The Contractor will notify the City
within 45 days that the Annual Rate Adjustment Cap has been reached.The
Annual Rate Adjustment Cap will be reset on January 15‘of every year as per
section 6.3.1.
6.3.5.Solid Waste Disposal Cost Adjustment
Contractor may also adjust service rates for all levels of service based upon the
change in the annual disposal cost of Solid Waste collected by Contractor
(“WACOD Adjustment”).Commencing with the second full twelve month
Adjustment Period after any “Exercise Date”pursuant to Section 5.5,and for each
Adjustment Period thereafter (each,a “Comparison Period”),the Contractor shall
determine the change in the annual disposal cost of Solid Waste collected by
Contractor during such Comparison Period as compared to the first full twelve
month Adjustment Period after the Exercise Date (“Base Period”).If the of Solid
Waste collected for such Comparison Period has changed by more than ?ve
percent (5%)from the Base Period,Contractor shall prepare a WACOD
Adjustment calculation worksheet (“WACOD Adjustment Statement”)that
calculates the WACOD Adjustment to the service rates pursuant to the formula
set forth in Exhibit D.The WACOD Adjustment of the service rates shall be
adjusted concurrently with armual adjustments to service rates pursuant to Section
6.3.1,with the first month of January two years after the Exercise Date being the
?rst potential date for an adjustment pursuant to this section.Concurrently with
the Statement provided to the City pursuant to Section 6.2.1,the Contractor shall
submit to the City for review and approval the WACOD Adjustment Statement
calculating the adjustment to new rates for the next year,which statement shall
show the calculations required in this Section.The City shall have sixty (60)days
to con?rm the Contractor’s WACOD Adjustment to the service rates.Upon
receipt of the City’s approval of the WACOD Adjustment Statement,which shall
not be unreasonably withheld or delayed,the WACOD Adjustment to the service
rates shall take effect on January 15‘of the subsequent year.
6.3.6.Tax Additive
The State Refuse Collection Tax (currently at 3.6%)and any applicable City
Taxes shall be added to the rates speci?ed for each class of service and may be
identi?ed separately and as additive to said rate on each billing service.
6.3.7.Other Modi?cations
Contractor may apply to the City for rate adjustments that result from increases in
the cost of operations arising during the Term of the Agreement.Contractor shall
submit a written request to adjust the rates not more than ninety (90)days and not
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less than sixty (60)days prior to the proposed effective date of the requested
change.The City shall promptly consider such proposed rate change with
consideration of historical and industry-wide pro?t levels and rate making
methodologies utilized by the Washington State Utilities and Transportation
Commission.
6.3.8.Changes in Impositions or Other Laws
If the City,county,state or federal authorities impose new taxes,fees or
surcharges or change the rates of existing taxes,fees or surcharges after the
Commencement Date,or there are other changes in federal,state or local laws or
regulations,and the impact of these changes results in increased or decreased
Contractor costs,Contractor and City shall enter into good faith negotiations to
determine whether compensation adjustments are appropriate and if so,to
determine the amount and the method of adjustment.If the City requires review
of Contractor’s financial or other proprietary information in conducting its rate
review,at the request of Contractor,the City shall retain a third party to review
such information at Contractor’s expense,provided however,that Contractor may
require such third party to execute a commercially reasonable con?dentiality
agreement.Any such additional ?nancial review costs shall be considered
allowable business expenses for future rates adjustment purposes.
6.3.9.Termination by Contractor
If Contractor requests a rate adjustment pursuant to this Section 6 and the City
fails to consent to such request for any reason within four (4)months of the date
of Contractor’s written request,Contractor may terminate this Agreement by
giving written notice of termination to the City not less than four (4)months and
not more than eight (8)months after the date of Contractor’s written request for
such rate adjustment.This Agreement shall terminate on the date set forth in
Contractor’s written notice of termination,which in no event shall be less than six
(6)months from the date of Contractor’s written notice of termination.
6.4.Billing for Solid Waste Services;Delinquent Accounts
Contractor shall invoice,and shall be responsible for collecting,to and from each and
every Customer within the City Service Area for the Solid Waste service plan selected by
the Customer.Contractor shall cause each bill to include the following information:(i)
Customer name;(ii)Contractor’s Customer account information;(iii)service address;
(iv)service commencement and termination dates,as applicable;(V)billing period,(vi)
date of the bill;(vii)Customer’s service plan;(viii)date payment is due;(ix)date
payment is delinquent;(x)charges for the Customer service plan;and (xi)additional
charges,if any.Contractor shall bear the risk of collection.It is the intent of the parties
that all issues relating to service and rates under this Agreement should be the
responsibility of the Customer,Contractor and the City,and no third party shall have
standing to request,speak or represent issues of service in the City Service Area except
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for the direct Customer,Contractor or the City.
Notwithstanding the foregoing,the City reserves the right as provided in Pasco City Code
Section 6.04.310 to assume the obligation of billing Customers within the City Service
Area for Solid Waste services provided by Contractor hereunder.If the City elects to
provide such service,the City shall give Contractor six (6)months prior written notice.
The parties shall negotiate in good faith the terms and conditions of the transfer of such
service to the City,including without limitation,the City assuming the risk of collecting
payments.
6.5.Delinquent Accounts and Other Customer Defaults
Contractor shall have any and all remedies provided under Pasco Municipal Code
Chapter 6.04 and,as applicable,Washington law and regulations,with respect to
delinquent accounts and other defaults by Customers,including without limitation,
refusing or terminating Solid Waste service,but excluding those remedies in the City’s
code expressly reserved to the City.The City shall assume no responsibility for the
collection of any amount due by a Customer,provided however,that the City shall
cooperate in good faith with Contractor in the enforcement of Contract0r’s rights and
remedies to collect any delinquent accounts or cure defaults as may be provided under
Pasco Municipal Code Chapter 6.04.Contractor shall provide the City on a monthly
basis a report of all service terminations during the previous month.
PERFORMANCE FEES,DEFAULT AND REMEDIES
7.1.Performance Fees
In the event that Contractor fails to meet any performance obligation set forth in this
Agreement,the City shall give written notice to Contractor regarding such failure,in
which case Contractor shall promptly take such corrective action to remedy the issue
raised in the City’s written notice.In addition,City reserves the right to impose the
following fines if Contractor fails to meet certain obligations as provided in this
Agreement.
ACTION OR OMISSION AMOUNT
Collection before or after the times Fi?y Dollars ($50)per truck route (each
speci?ed in this Agreement,except as truck on each route is a separate incident).
expressly permitted by the City.
Failure to collect missed materials within Fifty Dollars ($50)per incident to a
one (1)business day after receipt of maximum of Five Hundred Dollars
notice.($500)per truck per day.
The performance fees schedule set forth here shall not affect the City’s ability to
terminate this Agreement as provided in Section 7.2,provided however,the City
acknowledges that the performance fees described in this section are an adequate remedy
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for the above named defaults,and the City may not terminate this Agreement for any of
the defaults described in this section unless Contractor has incurred performance fees in
excess of $25,000.00 each month for at least three (3)consecutive calendar months.
Contractor shall pay such performance fees within thirty (30)days of demand therefore
from the City.The City shall provide Contractor with reasonably acceptable
documentation supporting such performance fees together with the City’s demand
therefore.Contractor may appeal any performance fees imposed under this section to the
City Manager of the City of Pasco,to whom Contractor shall be allowed to present
evidence as to why the amount of performance fees should be lessened or eliminated.
7.2.Default and Remedies
If Contractor abandons or materially breaches its obligations hereunder or fails to fully
and promptly comply with all of its provisions or fails to give reason satisfactory to the
City for noncompliance,the City may then declare Contractor to be in default of this
Agreement and notify Contractor of such default and shall provide Contractor with thirty
(30)days to cure such default.If Contractor fails to cure such default in a timely marmer,
the City may thereafter give notice of termination to Contractor and its surety.Upon
receipt of any such notice,this Agreement shall terminate.
NOTICES
Any notice required or permitted to be given under this Agreement shall be in writing and
may be given by personal delivery,by certi?ed mail,or by air courier,and if given
personally or by mail,shall be deemed suf?ciently given if addressed to the City or to
Contractor at the following address:
The City:City of Pasco
P.O.Box 293
525 N.Third Ave.
Pasco,WA 9930
Attn:City Manager
To Contractor:Basin Disposal,Inc.
2021 North Commercial Avenue
P.O.Box 3850
Pasco,WA 99302-3850
Attn:Darrick Dietrich
Mailed notices shall be deemed given on the ?fth (5th)business day following deposit in
the United States mail,certi?ed postage prepaid.Notices delivered personally or by air
courier shall be deemed given upon receipt.Either party may by written notice to the
other specify a different address for notice purposes.
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INSURANCE AND BOND REQUIREMENTS
9.1.General Insurance Requirement
Contractor shall procure and maintain,at its sole expense,insurance against claims for
injuries to persons or damage to property that may arise from or in connection with the
performance of the services provided under this Agreement by Contractor,its agents,
representatives,employees or subcontractors,as provided in this Section 9.Contractor’s
maintenance of insurance as required by the Agreement shall not be construed to limit the
liability of Contractor to the coverage provided by such insurance,or otherwise limit the
City’s recourse to any remedy available at law or in equity.
9.2.Minimum Scope of Insurance
Contractor shall obtain insurance that meets or exceeds the following requirements:
(i)Automobile Liability insurance covering all owned,non-owned,hired,and leased
vehicles.The policy shall be endorsed to provide contractual liability coverage.
The City shall be named as an additional insured under Contractor’s Automobile
Liability insurance policy with respect to the work performed for the City.
(ii)Commercial General Liability insurance covering liability arising from premises,
operations,independent contractors,products-completed operations,personal
injury and advertising injury,and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide the
Aggregate per Project Endorsement ISO form CG 25 03 ll 85,or its equivalent.
There shall be no endorsement or modi?cation of the Commercial General
Liability insurance for liability arising from explosion,collapse or underground
property damage.The City shall be named as an additional insured under
Contractor’s Commercial General Liability insurance policy with respect to the
work performed for the City.
(iii)Workers’Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
(iv)Hazardous Waste Hauling.To the Automobile Liability Minimum Scope of
Insurance,Pollution Liability coverage at least as broad as that provided under
ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 and the Motor Carrier Act Endorsement (MCS 90)shall be attached.
9.3.Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
(i)Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $2,000,000 per accident.
(ii)Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence,$2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
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9.4.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions in excess of $50,000 must be declared to and
approved by the City,which approval shall not be unreasonably withheld.In the event
the deductibles or self-insured retentions are not acceptable to the City,the City reserves
the right to negotiate with Contractor for changes in coverage deductibles or self-insured
retentions;or alternatively,require Contractor to provide evidence of other security
guaranteeing payment of losses and related investigations,claim administration and
defense expenses.
9.5.Other Insurance Provisions
The insurance policies shall contain,or be endorsed to contain,the following provisions
for Automobile Liability and Commercial General Liability:
(i)Contractor’s insurance coverage shall be the primary insurance with respect to the
City,its of?cials,employees and agents.Any insurance,self-insurance,or
insurance pool coverage maintained by the City shall be in excess of Contractor’s
insurance and shall not contribute with it.
(ii)Coverage shall state that Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,except with respect to the
limits of the insurer’s liability.
(iii)Contractor’s insurance shall be endorsed to state that coverage shall not be
cancelled unless the City is given prior written notice as provided under RCW
48.18.290.
9.6.Acceptability of Insurers
Contractor shall secure insurance policies from insurers with a current A.M.Best rating
of not less than A:VII.
9.7.Veri?cation of Coverage
Contractor shall fumish the City with original certi?cates including,but not necessarily
limited to,the additional insured endorsements,evidencing the insurance policies
required pursuant to this Article 9 prior to the Commencement Date.
9.8.Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certi?cates and endorsements for each subcontractor before commencement of
the work.All coverages for subcontractors shall be subject to the same insurance
requirements as stated herein for Contractor.
9.9.Performance Bond/Surety
Contractor shall provide and maintain at all times a valid Contractor’s Performance and
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10.
Payment Bond or bonds,letter of credit or other similar instrument acceptable to and
approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00).The bond,letter of credit or other similar instrument shall be
issued for a period of not less than one year,and Contractor shall provide a new bond,
letter of credit or similar instrument,and evidence satisfactory to the City of its
renewability,not less than sixty (60)days prior to the expiration of the bond,letter of
credit or other similar instrument then in effect.The City shall have the right to call the
bond,letter of credit or other similar instrument in full in the event its renewal is not
con?rmed at least ?ve (5)days before its expiration.
GENERAL TERMS
10.1.Indemnification
10.1.1.Indemnify and Hold Harmless
Contractor shall indemnify,hold harmless and defend the City,its elected
officials,officers,employees,agents and representatives,from and against any
and all claims,actions,suits,liabilities,losses,costs,expenses,and damages of
any nature whatsoever,including costs and attorney’s fees in defense thereof,or
injuries,sickness or death to persons,or damage to property,which is caused by
or arises out of Contractor’s exercise of duties,rights and privileges granted by
the Agreement,provided,however,that Contractor’s obligation to indemnify,
defend and hold harmless for injuries,sickness,death or damage caused by or
resulting from concurrent willful or negligent acts or actions of Contractor and the
City shall apply only to the extent of Contractor’s negligence.
10.1.2.Notice to Contractor;Defense
In the event an action is brought against the City for which indenmity may be
sought against Contractor,the City shall promptly notify Contractor in writing.
Contractor shall have the right to assume the investigation and defense,including
the employment of counsel and the payment of all expenses.On demand of the
City,Contractor shall at its own cost and expense defend,and provide quali?ed
attorneys reasonably acceptable to the City to defend,the City,its of?cers,
employees,agents and servants.The City shall fully cooperate with Contractor in
its defense of the City,including consenting to all reasonable affirmative defenses
and counterclaims asserted on behalf of the City.The City may employ separate
counsel and participate in the investigation and defense,but the City shall pay the
fees and costs of that counsel unless Contractor has agreed otherwise.Contractor
shall control the defense of claims (including the assertion of counterclaims)
against which it is providing indemnity under this section,and if the City employs
separate counsel the City shall assert all defenses and counterclaims reasonably
available to it.
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10.2.
10.1.3.Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless,indemnify and defend provided
for herein,as they solely relate to claims against the City,its elected of?cials,
officers,employees,agents and representatives,Contractor agrees to waive
Contractor’s immunity under industrial insurance,Title 51 RCW,for any injury,
sickness or death suffered by Contractor’s employees that is caused by or arises
out of Contractor’s negligent exercise of rights or privileges granted by the
Agreement.
Transfer of the Contract
10.2.1.Assignments,Subcontracts and Delegations
Contractor shall not assign or subcontract any of the work or delegate any of its
duties under this Agreement without the prior written approval of the City and
submittal of proof of insurance coverage.When requested,approval by the City
of a subcontract or assignment shall not be unreasonably withheld.In the event of
an assignment,subcontracting or delegation of duties,Contractor shall remain
responsible for the full and faithful performance of this Agreement and the
assignee,subcontractor,or other obligor shall also become responsible to the City
for the satisfactory performance of the work assumed.The City may condition
approval upon the delivery by the assignee,subcontractor or other obligor of its
covenant to the City to fully and faithfully complete the work or responsibility
undertaken.In addition,the assignee,subcontractor or obligor shall sign a
separate statement agreeing to abide by all terms and conditions of this
Agreement.
10.2.2.Changes in Control
If Contractor is a corporation,limited liability company or limited liability
partnership,then any transfer of this Agreement by merger or consolidation,or
any change in the ownership o?or power to vote,the majority or controlling
interest of its outstanding voting stock,membership interest,or limited
partnership interests,or in the controlling interest at any tier in the ownership
structure of Contractor,or change of the manager or general partner for LLCS and
LPs,respectively,shall constitute an assignment for the purpose of this section.If
Contractor is a partnership,then any transfer of any partnership interest shall
constitute an assignment for the purpose of this section.Any transfer of this
Agreement by (i)merger or consolidation,(ii)any change in the ownership of,or
power to vote,the majority or controlling interest of its outstanding voting stock,
membership interest or limited partnership interest,as applicable,(iii)any entity
succeeding in the business and assets of Contractor,(iv)any transfer to an entity
that controls or is under common control with Contractor,or (V)any transfer to a
subsidiary or af?liate shall not be considered an assignment requiring the City’s
consent,provided however,that in each case described above such entity has
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equal or greater ?nancial net worth than Contractor on the date of transfer,such
entity remains in the control of Darrick Dietrich,the transferee assumes all
obligations under this Agreement and that written noti?cation of the transfer,
including a copy of the transfer documentation,is provided to the City at least
?fteen (15)days prior to the transfer.For purposes of this section,the term
“control”shall mean ownership of more than 50%of the outstanding voting
stock,membership interest or partnership interest.
10.3.Legal
10.3.1.Laws to Govern/Venue
This Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance.Venue shall be in Superior Court in the State of
Washington for Franklin County.
10.3.2.Attorney Fees
The Contractor agrees to pay reasonable attorney fees in the event the City is
required to retain an attorney to enforce the Contractor’s obligations here under.
10.3.3.Arbitration
Any disputes in the ?rst instance shall be directed to the Director of Community
Development for resolution.All unresolved disputes with respect to the handling
of complaints under this agreement shall be submitted to the City Manager for
?nal resolution.
10.4.Compliance With Laws
Contractor shall comply with all applicable federal,state,county,and local laws,statutes,
rules,regulations or ordinances,including without limitation,all health and
environmental regulations and standards applying to the collection,transport and disposal
of Solid Waste.Contractor shall also comply with all applicable requirements of the
Federal Occupational Safety and Health Act of 1970 (OSHA),the Washington Industrial
Safety and Health Act of 1973 (WISHA),and the standards and regulations issued
pursuant to these statutes from time-to-time.
10.5.Non-Discrimination
Contractor shall not discriminate against any employee or applicant for employment
because of age,race,religion,creed,color,sex,marital status,sexual orientation,political
ideology,ancestry,national origin,or the presence of any sensory,mental or physical
handicap,unless based upon a bona ?de occupational quali?cation.Contractor
understands and acknowledges that if it violates this non-discrimination provision and
fails to cure such violation to the satisfaction of the EEOC or state agency having
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jurisdiction,including without limitation,compliance with all terms and conditions set
forth in a settlement agreement,this Agreement may be tenninated by the City with thirty
(30)days prior written notice.
10.6.Permits and Licenses
Contractor shall secure all necessary business permits and licenses necessary to provide
the Solid Waste services described herein.Contractor shall duly pay all applicable taxes,
fees and charges incurred,including,but not limited to,license fees and all federal,state,
regional,county and local taxes and fees,including income taxes,property taxes,permit
fees,operating fees,business and occupation taxes,workers’compensation and
unemployment bene?ts,surcharges of any kind that apply to any and all persons,
facilities,property,income,equipment,materials,supplies or activities related to
Contractor’s services provided under the Agreement.
10.7.Relationship of Parties
The City and Contractor expressly acknowledge that the relationship between Contractor
and the City shall at all times be as an independent contractor of the City.No agent,
employee,servant or representative of Contractor shall be deemed to be an employee,
agent,servant or representative of the City.
10.8.Bankruptcy
If (i)Contractor makes any general arrangement or assignment for the bene?t of
creditors;(ii)Contractor becomes a “debtor”as de?ned in 11 U.S.C.§101 or any
successor statute (unless,in the case of a petition ?led against Contractor,the same is
dismissed within ninety (90)days);or (iii)the appointment of a trustee or receiver to take
possession of substantially all of Contractor’s assets,where possession is not restored to
Contractor within ninety (90)days,the City may terminate this Agreement upon giving
Contractor written notice thereof.In the event that any provision of this section is
contrary to any applicable law,such provision shall be of no force or effect.
10.9.Right to Renegotiate or Amend
The City shall retain the right to renegotiate this Agreement or negotiate an amendment
based on subsequent changes in and to federal,state,county or city laws,regulations or
policies that materially modify the terms and conditions of this Agreement,provided
however,that the City may not modify the Rate Schedule or the terms by which service
rates are determined.This Agreement may be amended,altered or modi?ed only by a
written amendment,alteration or modi?cation,executed by authorized representatives of
the City and Contractor.
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10.10.Force Majeure
10.10.1 Force Majeure Events
If any Force Majeure event occurs that is not in the direct control of Contractor
and which results in a detrimental effect or a material hardship to Contractor in
the performance of this Agreement,Contractor may request to make an
adjustments to one or more of the Solid Waste service rates or other fees included
in the Rate Schedule by providing written notice to the City together with an
explanation of the need for such rate adjustments arising from such Force Majeure
event.Contractor shall submit such written request not more than ninety (90)
days and not less than sixty (60)days prior to the proposed effective date of the
requested service rate change,and the City shall promptly consider such proposed
rate change.If the City requires review of Contractor’s ?nancial or other
proprietary information in conducting its rate review,at the request of Contractor,
the City shall retain a third party to review such information at Contractor’s
expense,provided however,that Contractor may require such third party to
execute a commercially reasonable con?dentiality agreement.Any such
additional ?nancial review costs shall be considered allowable business expenses
for future rates adjustment purposes.
10.10.2 Force Majeure Occurrences of Non—Default
Contractor shall not be deemed to be in default and shall not be liable for failure
to perform under this Agreement if Contractor’s performance is prevented or
delayed by acts of terrorism,acts of God including landslides,lightning,forest
fires,storms,?oods,freezing and earthquakes,civil disturbances,wars,
blockades,public riots,explosions,unavailability of required materials or disposal
restrictions,governmental restraint or other causes,whether of the kind
enumerated or otherwise,that are not reasonably within the control of Contractor
(“Force Majeure”).If as a result of a Force Majeure event,Contractor is unable
wholly or partially to meet its obligations under this Agreement,Contractor shall
promptly give the City written notice of the Force Majeure event,describing it in
reasonable detail.Contractor’s obligations under this Agreement shall be
suspended,but only with respect to the particular component of obligations
affected by the Force Majeure event and only for the period during which the
Force Majeure event exists.
10.1 1.Illegal Provisions/Severability
If any provision of this Agreement shall be declared illegal,void,or unenforceable,the
other provisions shall not be affected,but shall remain in full force and effect.
10.12.Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in
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writing,specifying such waiver,and executed by the party against whom such waiver is
sought to be enforced.A waiver by either party of any of its rights under this Agreement
on any occasion shall not be a bar to the exercise of the same right on any subsequent
occasion or of any other right at any time.
10.13.Entirety
This Agreement and the exhibits attached hereto represent the entire agreement of the
City and Contractor with respect to the services to be provided under this Agreement.No
prior written or oral statement or proposal shall alter any term or provision of this
Agreement except as provided herein.
WITNESS THE EXECUTION HEREOF on the day and year ?rst herein above written.
BA DISPOSAL,INC.CITY OF PASCO
%%4e%”
Darrick Dietrich,President Matt Watkins,Mayor
Ai?mwg?
ebbie Clark,City Clerk
Comprehensive Solid Waste Collection Agreement
Page 33
Page 203 of 325
Exhibit A
De?nitions
Agricultural Processed Waste:“Agricultural Processed Waste”means any waste which
consists exclusively of the remainder and residue of processed fruit or vegetables.
Base Tonnage:“Base Tonnage”means the original 1,500 tons of solid waste services
transported and removed by the Contractor to the City without any direct cost.
Biomedical Waste:“Biomedical Waste”has the same meaning set forth in WAC 480-70-O41.
Bulky Materials:“Bulky Materials”means bags,boxes,or bundles,or empty carriers,cartons,
boxes,crates,etc.,or materials offered for disposal,all of which may be readily handled without
shoveling (not loose,uncontained materials).Individual items shall not exceed two feet by two
feet by ?ve feet (2’x 2’x 5’)in dimension,and not weight more than 65 pounds.
Charge:“Charge”means a set ?at fee for performing a service.Or,the result of multiplying a
rate for a unit times the number of units transported.
City:“City”means the City of Pasco,Franklin County,Washington.
City Service Area:“City Service Area”means the current corporate limits of the City,
excluding only those areas for which a different Solid Waste collection company is providing
Solid Waste service pursuant to a pre-existing franchise or permit.
Commercial Customer:“Commercial Customer”means all non—Residential Customers,
including but not limited businesses,institutions,governmental agencies,and all other users,
including occupants of Residences,Mobile Home Parks,Multi-Family Complexes and Mixed-
Use Buildings,of commercial-type Solid Waste collection services.
Compactor Disconnect/Reconnect Charge:“Compactor Disconnect/Reconnect Charge”means
a ?at fee established by the solid waste collection company for the service of disconnecting a
compactor from a drop box or container before taking it to be dumped,and then reconnecting the
compactor when the drop box or container is returned to the customer’s site.
Container:“Container”means any Detachable Container,Drop-Box Container,or wheeled cart
owned and provided by Contractor.
Contractor:“Contractor”means Basin Disposal,Inc.
Curb or Curbside:“Curb"or “Curbside”means a location on a Residential Customer’s
property within ?ve (5)feet of a Public Street or Private Road without blocking sidewalks,
driveways or on-street parking.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 1
Page 204 of 325
Customer:“Customer”means all entities or persons required to utilize Solid Waste services
within the City Service Area,including property owners,property managers and tenants,or as
otherwise defined in Pasco Municipal Code Chap.6.04.
Detachable Container:“Detachable Container”means a watertight metal or plastic Container
equipped with a tight-?tting cover,capable of being mechanically unloaded into a collection
vehicle,and that is not less than one and a half (1.5)cubic yards or greater than eight (8)cubic
yards in capacity.
Drop-Box Container:“Drop-Box Container”means an all-metal Container with ten (10)cubic
yards or more capacity that is loaded onto a specialized collection vehicle,transported to a
disposal or recycling site,emptied and transported back to the Customer’s site.
Exercise Date:“Exercise Date”means the date that the City counter signed the Contractor’s
proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste)of
this contract.
Gate Charge:“Gate Charge”means a ?at fee charged for opening,unlocking,or closing gates
in order to pick up solid waste.
Garbage:“Garbage”means all putrescible Solid Waste.
Hazardous Waste:“Hazardous Waste”means any substance that is:
A.De?ned as hazardous by 40 C.F.R.Part 261 and regulated as Hazardous Waste by the
United States Environmental Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act (“RCRA”)of 1976,42 U.S.C.§6901 et seq.,as
amended by the Hazardous and Solid Waste Amendments (“HSWA”)of 1984;the Toxic
Substances Control Act,15 U.S.C.§2601 et seq.;or any other federal statute or
regulation governing the treatment,storage,handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
RCRA.
B.De?ned as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely Hazardous Waste by the Washington State Department of
Ecology under the State Hazardous Waste Management Act,Chapter 70.105 RCW,or
any other Washington State statute or regulation governing the treatment,storage,
handling or disposal of wastes and imposing special handling requirements similar to
those required by Chapter 70.105 RCW.
C.Hazardous Waste shall not include any materials de?ned as Household Hazardous Waste.
Household Hazardous Waste:“Household Hazardous Waste”has the same meaning set forth
in RCW 70.102.010(2),together with any applicable regulations promulgated by the Washington
Department of Ecology pursuant thereto.
Loose Material:“Loose Material”means material not set out in bags or containers,including
materials that must be shoveled.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 2
Page 205 of 325
Mixed Paper:“Mixed Paper”means magazines,junk mail,phone books,bond or ledger grade
paper,cardboard,paperboard packaging,paper cups and other ?ber-based materials meeting
industry standards,but excluding tissue paper,paper towels,food-contaminated paper or paper
packaging combined with plastic,win;and foil.
Mixed-Use Building:“Mixed-Use Building”means a structure inhabited by both Residential
and Commercial Customers.
Mobile Home Park:“Mobile Home Park”shall mean a parcel of land which has been planned,
improved or is currently used for the placement of mobile homes and contains more than one (1)
mobile home lot.Mobile Home Parks shall be billed collectively for collection service.
Multi-Family Complex:“Multi-Family Complex”means a multiple-unit Residence with three
or more attached units and billed collectively for collection service.
Packer:“Packer”means a device or vehicle specially designed to pack loose materials.
Pass Through Fees:“Pass Through Fees”means a fee collected by a solid waste collection
company on behalf of a third party when the fee is billed directly to the customer without
markup or markdown.
Permanent Service:“Permanent Service”means Container and drop-box service provided at
the customer’s request for more than 90 days.
Private Road:“Private Road”means a privately owned and maintained right of way or access
easement that allows for access by a service vehicle and that serves multiple Residences.
Public Street:“Public Street”means a public right-of-way or easement maintained by the City,
County or the State and used for travel by the public.
Rate:“Rate”means a price per unit or per service.A rate is multiplied times the number of
units or services.
Recyclable Materials:“Recyclable Materials”means materials consisting of aluminum cans
and foil;corrugated cardboard;tin cans;recyclable plastic containers that did not contain
Biomedical Waste,Hazardous Waste or Household Hazardous Waste;Mixed Paper;newspaper;
and such other materials that the City and Contractor may detemiine from time to time to be
recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid
waste plans of the City,if any.
Residence/Residential:“Residence”or “Residential”mean a living space,with a kitchen,
individually rented,leased or owned.
Residential Cart:“Residential Cart”means a 64-or 96-gallon wheeled cart suitable for deposit,
storage and collection of Solid Waste.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 3
Page 206 of 325
Residential Customer:“Residential Customer”means all Customers residing in a Single-
Family Residences.
Service Accord:“Service Accord”means limited services that the Contractor agrees to provide
to The City as described in Exhibit “E”
Single-Family Residence:“Single-Family Residence”means all one-unit houses,each living
unit of a duplex if billed individually,and mobile homes that are billed for collection service
individually and located on a Public Street or Private Road,and not part of a Mobile Home Park.
Solid Waste:“Solid Waste”shall have the same meaning set forth in RCW 70.95.030,but shall
not include Biomedical Waste,Hazardous Waste or Household Hazardous Waste.If and when
the City permits a separate collection service for Recyclable Materials and Green Waste at City’s
request or under the jurisdiction of the WUTC,Recyclable Materials and Green Waste shall be
deemed to be separate categories of Solid Waste where expressly provided in this Agreement.
Special Pickup:“Special Pickup”means a pick-up requested by the customer at a time other
than the regularly scheduled pick-up time,that requires the special dispatch of a truck.If a
special dispatch is required,the company will assess time rates established in the Contractor’s
Exhibit.
Solid Waste Unit:“Solid Waste Unit”means a receptacle made of durable,corrosion—resistant,
nonabsorbent material that is watertight,and has a close-?tting cover and two handles,or is a
bag,box,or bundle that contains Solid Waste.A Solid Waste Unit can hold no more than thirty-
two gallons or four cubic feet of Solid Waste,and weigh no more than 65 pounds when ?lled.In
addition,a Solid Waste Unit shall not exceed two feet by two feet by five feet (2’x 2’x 5’)in
dimension.
Unlocking:“Unlocking”means a ?at fee imposed by a solid waste collection company when the
company's personnel must unlock padlocks or other locking devices to perform pickup services.
WUTC:“WUTC”means the Washington Utilities and Transportation Commission.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 4
Page 207 of 325
Exhibit B
City Service Area
n
3
C
E
33
City of Pasco
City Limits 2015
Comprehensive Solid Waste Collection Agreement,Exhibit B
Page 1
Page 208 of 325
30-Oet-l5
Index
Index
Item 5
Item 40
Item 45
Item 50
Item 51
Item 53
Item 70
Item 80
Item 100
Item 100
Item 150
Item 160
Item 200
Item 205
Item 207
Item 21 0
Item 230
Item 240
Item 240
Item 255
Item 260
Item 270
Exhibit C
Rate Schedule
Page
Index of Items
Index by Item
Index by Topic
Application of Rates -Taxes
Material Requiring Special Equipment,Precautions,or Disposal
Material Requiring Special Testing and/or Analysis
Retumed Check Charges
Restart Fees
New Customer Prepayrnents
Return Trips
Carryout Service
Residential Can/Unit Service,Curbside Recycling,Greenwaate Service
Residential Can/Unit Service,CurbsideRecycling,Greenwaste Service
Loose and/or Bulky Material
Time Rates
Application of Detachable Container and/or Drop Box Rates -General
Roll—OutCharges -Residential Carts and Detachable Containers
Excess Weight -Rejection of Load,Overweight Charges to Transport
Washing and Sanitizing Residential Cans,Detachable Containers and Drop Boxes
Disposal Fees
Container Service -Non-compacted Cart
Container Service -Non-compactedContainer
Container Service -Compacted -Customer-owned Container
Drop Box Sen/ice -Non-Compacted -Company—OwnedDrop Box
Drop Box Service -Compactcd -Company-Owned Drop Box
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 1
assess;::ms:sww«mmm»m»w~Lg
Page 209 of 325
30-Oct-1 5 Page 3
Index of Topic
Item No ?g;
Index by Item ...2
Index by Topic 3
Bulky Material 1 50 11
Carryout service‘80 8
Detachable Container service,compacm 255 21
Detachable Container service,non-compacted,240 18
Detachyable Containers and/or Drop Boxes,availability 200 13
Detachable Containers and/or Drop Boxes,general rules 200 13
Detachable Containers and/or Drop Boxes.washing and sanili?ng 210 16
Prepayrnents.53 6
Disposalfees.230 17
Drop-box service,Cornpacted,270 23
Drop-Box service,Non-Compacled,.,.,260 22
Excess Weight -Rejection of Load,Overweight Charges to Transport..207 15
Residential Service .100 9
Restart Fees.5|5
Return Trips 70 7
Roll-out charges...205 14
Time mtes..160 l2
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 2
Page 210 of 325
30-Oct-15 Page 4
Item 5
Item 5 --Agglication of Rates —Taxes
Entity imposing:-ax:Description Amount of tax:Amalication(Commodities)
Cityof Pasco Pasco Utili?Tax 8.50%AgulicalaleCustomers -Revenue
State of Washggton WA Solid Waste Tax 3.60%Applicable Customers -Revenue
Note 1:The rates defined within this Exhibit C include the Pasco Utility Tax
of 8.5%.
Note 2:The Washington State Solid Waste Tax will be applied as a line item to the rates
as de?ned within this Exhibit C.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 3
Page 211 of 325
30-Oct-15
Items 40,45,50
Item 40 ~—Material Reguiring Sp_eciaI Quipment,Precautions,or Dismsal
Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject
to Time Rates named in Item 160,or to other speci?c rates contained in this appendix.
Contractor will make every effort to be aware of the commodities that require special handling at the disposal
sites,The Contractor shall maintain a list of those commoditiesand make it available for public inspection at
the Contractors office
Item 45 -4 Material Reguiring Sgcial Testing and/or Analysis
When the Contractor or disposal facility determinesthat testing and/or analysis of solid waste is required to
determinewhetherdangerous or prohibited substances are present,the actual cost for such testing and/or
analysis will be paid by the customer.At the Contractors election,they may help provide the customer with
testing and/or analysis of the dangerous or prohibited substance.If the Contractor elects to help with the testing
and analysis,these costs will be passed through In the customer
Item 50 --Returned Check Charges
Returned Check Charge.Ifa customer pays with a check,and the customer's bank refuses to honor
that check,the customer will be assessed a Return Check Charge in the amount of §”§§.0D.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 4
Page 212 of 325
30-Oct-15 Page
Items 51 and 53
Item 51 --Restart Charge
A Restart Charge will be assessed on all customers whose service is discontinued for
non-payment and who subsequently reinstate services.
Restart Charges are as follows:
A Restart Charge of ?3.40 will be assessed to Residential Cart customers whose service is
discontinued for non-payment.Please see Item 100.
A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is
discontinued for nun-payment.Please see Item 240.
A Restart Charge of §43.40 will be assessed to Drop Box customers whose service is
discontinued for non-payment.Please see Item 260.
Item 53 --Prepaments for Residential,Commercial,Drop Box and Temporag Customers
A Prepayment of $5.00 will be assessed to all first time (new)Residential Customers.
The prepayment will be applied to the customer's account in the event of non-payment,after one year of
service,or be returned to the customer upon tamitiation of the residential service.Please see Item 100.
A Prepayment is equal to the first month‘:cost of service,and will be assessed to all first time
(new)Commercial Customers.The prepayment will be appliedto the customer's account in the event of
non-payment,after one year of service,or be returned to the customer upon termination of the
commercial service.Please see Item 240 &255.
A Prepayment of_$250.00 will be assessed to first time (new)Drop Box Customers.
The prepayment will be applied to the customer's account in the event of
non-payment,a?er one year of service,or be returned to the customer upon terrninatiori of the
Drop Box service.Please see Item 260 &270.
A Prepayment will be assessed for each given Temporary Service,and will be assessed
at the time the customer signs up for the Temporary Service.The Prepayment will be appliedto the
customer's account upon termination of the Temporary Service.Please see Items 240 &260
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 5
Page 213 of 325
30-Oct-1 5 Page 7
Item 70 --Return Trigs
When the Contractor is required to make a Return Trip,that does not require the special dispatchof a truck,to
pick up material that was unavailable for collection for reasons under the control of the customer,the following
additional charges,per pickup,will apply:
Tvg ut‘Container Return Trig Charge
Residential Cart (Senior only),64 gallons ...........r,3 11.00
Residential Cart,96 gallons .............$11.00
Detachable Container (Container).............S 21.85
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 6
Page 214 of 325
30-Oct-15 Page 8
Item 80
Item 80 -—Carrv—OutService
Contractor will assess the following additional charges when customers request that Contractor personnel
provide Carry-Out Service of Residential Cans/Units not placed at the curb,the alley,or other point
where the Contractor's vehicle can be driven to within ?ve feet of the Residential Cans/Units using
improved access roads commonly available for public use.Driveways are not considered improvedaccess
roads commonlyavailable for publicuse.
Cara-Out Charge Commercial Rates
Per Unig Per Pickup
64 or 96 gallon Cart 5 3.25
that must be carried auxaver 5 feet,but
not over 25jeet.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 7
Page 215 of 325
30-Oct-15 Page 9
Item 100
Item 100 --Residential Service —-Monthy Rates gcontinued on next gage!
Rates below apply in the followingservice area'City of Pasco
Number of Frequency Garbage Recycle Greenwaste
Units or Type 411‘Service Service Service
of Residential Carts Service gg ,R_2_te Q
(1)64 gallon Residential Qrt (Senior/Low Income Only)WG $9.22 #N/A #N/A
(1)96 gallon Residential Cart WG 3 18.45 #N/A #N/A
(1)MulLiFamily/Duplex 96 gallon ResidentialCart WG $18.45 #N/A #N/A
Each Additional96 gallon ResidendalCan WG $1.90 #N/A #N/A
Frequency of Service Codes:WG=Week1yGarbage;NA=Service is not available at this time
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 8
Page 216 of 325
30-Oct-15
Note l:
Note 2:
Note 3:
Note 4:
Note 5:
Note 6:
Note 7:
Note 8:
Page 10
Tue of service Q
Prepayment Charge $35.00
Restart Charge $43.40
Return Trip Charge as 1 1.00
Carry Out Service-up to 25 feet $3.25
Replacement Cart Charge S 8500
Return Check Charge $35.00
Freon DischargeCharge {/417171iances)$35.00
Passenger Tire Charge $5.00
Truck Tire Charge $10.00
A Prepayment Charge ofwill be assessed to a first time (new)ResidentialOistomers.
The prepayrrlem will be applied to the customers account in the event of noirpayrnent,after one year of
service.or be retumed nothe cusmmerupon Lenmnationof the residentialservice,Please see Item 53.
A Restart Charge will be assessed on all customers whoseservice is discontinued for
non-payment and who subsequently reinstate services.Please see Item 51 .
If the customer requests the Contractor to make a Return Trip Charge due to no fault
of Contractor,Contractor shall be permitted to charge the Customer a Return Trip Charge
Please see Item 70
Contractor will assess additional charges (Item 80)when customers request that Contractor personnel
provide Carr_v—O|ItService of Residential Cans/Units not placed at the curb,the alley,or other point
where the company:vehicle can be drivm to within five feet of the Residential Cans/Units using
improved access roads commonly available for public use Driveways are not considered improved
access roads commorilvavailable for nublic use.
Ifany customer who destroys a Cart,does not return the Cartupon tennination,or service is shut
off for non-payment and they refuse to surrender the Cart a Replacement cm Charge will be charged
If a customer pays with a check,and the customers bank refuses to honor
that check,the customer will be assessed a Return Check Charge.
If a customer requests Contractor to pick up any appliance that comains Freon
the customer will be charged a From:Discharge Charge.
If a customer disposes of more than 4 passenger car tires,with or without rims,the Contractor
will charge an additional Passenger or Truck Tire Charge.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 9
Page 217 of 325
30-Oct-15 Page 1 1
Item 150
Item 150 --Units,Bully Material &Aggliauceg,Furniture
Minimum Charge
Rate Per PlCl(l.I2
Solid Waste Umt $3.80 per unit N/A
Bulky Materials S 14.15 per L-ubicyard S 1415
Appliances,Fumimre Items 3 14.15 perilem $14.15
Freon Discharge Charge 3 35.00 per item N/A
Note 1:"Solid Waste Units"and "Bulky Materials"charges only apply when items are not properly
containedfor collectnm as defined in section 5.1.1 of die contract Please see below refexenced Notes 2
and 3 for definition of sizes and containment of solid waste and bulky items.
Note 2:"Bulky Materials"means begs,boxes,or bundles;or empty can-lets,cartons,crates ormatexials
offered for disposal all of which may be readily handledwithout shoveling (not loose,uncontained
materials)Individualitems shallnot exceed two feet by two feet by five feet (2'X 2’X 5')in dimension,
and not weigh more than 55 pounds.
Note 3."Solid Waste Unit"is defined in the Comprehensive Solid Waste Agreement,but generally means
any mdividualreceptacle,can,plastic bag,cart,box,carton,or othez container that does not
hold more than 32 gallons or 4 cu R of solid waste.and which does not weight more than
55 pounds when filled.
Note 4:Appliances will be charged at the per item rate noted above.Lfthe Appliance has Freon,
the Freon Disclmrge Charge will also be applied
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 10
Page 218 of 325
30-Oct-15 Page 12
Item 160
Item 160 --Time Rates
When time rates apply.Time Rates named in this Item apply:
(a)When material must be taken to a special site for disposal;
(b)When the Contractor's equipment must wait at or return to,a customer's site to provide scheduled
service due to no disability,fault,or negligence on the part of the company.Actual waiting time or time
taken in retuming to the site will be charged for;or
(c)When a customer orders a single,special,or emergency pickup,or when other items in this tari?‘
refer to this Item.
How rates are recorded and charged.Time must be recorded and charged for to the nearest increment of
15 minutes.Time rates apply for the period from the time the Contractors vehicle leaves the terminal,until
it returns to the terminal,or when it leaves its prescheduled route and drives towards the Customer's site,
excluding interruptions.An interruption is a situation causing stoppage of service that is in the control of the
company and not in the control of the customer.Examples include:work breaks,breakdown of equipment,
and similar occurrences.
Disposal fees in addition to time rates.Item 230 Disposal Fees for the disposal site or facility used will
apply in addition to time rates.
Rate Per Hour
Each Extra Minimum
T e of ui merit ordered Truck and Driver Person Charge
Single rear drive axle:$60.00 $40.00 S 4000
Tandem rear drive axle:$95.00 $47.50 S 47.50
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 11
Page 219 of 325
30-Oct-15 Page 13
Item 200
Item 200 ~-Detachable Containers and/or Drop Boxes --General Rules
Availability.Contractor must maintain a supply of all sizes of Containers and Drop Boxes for
which rates are listed in this Appendix.Ifa customer requests a Container or Drop Box of a size
listed in the Contractor's Appendix,and the Contractor is unable to provide the requested size
within 7 days of the customer request,the customer must be noti?ed in writing or by telephone.
Alternate-sized Containers and/or Drop Boxes.Ifthe Contractor cannot provide the requested-
sized Container or Drop Box (and that size is listed in this exhibit),the Contractor must provide
altemate-sized Containers or Drop Boxes,sufficient to meet the capacity originallyrequested by the
customer,at the same rates as would have applied for the requested Container or Drop Box.
Disposal fees due on alternatevsized Drop Boxes.Ifthc Contractor provides altemate-sized Drop
Boxes,the customer is responsible for all applicable disposal fees resulting from t.heuse of the
alternate Drop Boxes
Rates on partially-filled Containers and/or Drop Boxes.Full pickup and rental rates apply
regardless of the amount of waste material in the Container or Drop Box at pickup time.
Rates for compacted materials.Rates for compacted material apply only when the material has
been compacted before its pickup by the Contractor (See Section 4.25 of Contract).
Rates for loose material.Loose material dumped into the Contractor's packer truck is subject to
the rates for nomcompacted material even though the material may be compacted later in the packer
truck
Permanent and Temporary Service.The following rules apply:
(a)lfa customer requests a Container or Drop Box for less than 90 days,the customer will be
billed at Temporary Service rates.
(b)lfa Temporary Service customer notifies the Contractor that it has decided to retain the
Container or Drop Box for more than 90 days,Permanent Service rates Wlll be assessed from the
91st day until the end of the period the customer retains the Container or Drop Box
(0)Ifa customer requests a Container or Drop Box for more than 90 days,the customer will be
billed under permanent rates.lfthat customer cancels service before the end of the 90-day period,
the company may not rebill the customer at Temporary Service rates.The intent of the customer at
the time service was requested applies.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 12
Page 220 of 325
30-Oct-15 Page
Item 205
Item 205 --Roll-Out Charge,and Gate Charge
Charges for Carts and Containers
The Contractor will assess Roll-Out Charges where,due to circumstances outside ofthe control
of the driver,the driver is required to move the Cart or Container more than ?ve (5)feet,but less than
twenty-?ve (25)feet in order to reach the truck.
The charge for this Roll-Out Charge is:
$.25 per Cart or Container,per pickup
The Contractor will assess a Gate Charge where the driver is required to unlock
a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
The charge for this Gate Charge is:
$325 per pickup
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 13
14
Page 221 of 325
30-Oct-15 Page 15
Item 207
Item 207 ~Excess Weight -—Rejection 0!‘Load,Charges in Transport
The Contractor reserves the right to reject pickup of any DetachableContainer,stationary packer,or Drop Box which,
upon reasonable inspection:
(1)Appears to be overloaded
(2)Would cause applicable vehicle load Limitatiomto be exceeded;
(3)Would cause the company to violateload limitationsor result in unsafe vehicle
operation;
(4)Would negatively impact or otherwise damageroad surface integrity;and/or
(5)Contains anything that appears not to be MSW or could do damage to the vehicle.
For the purposes of this Appendix the followingmaximumweighis apply
Typelsize of Maximum Weight
Container,Drop Box,Allowance per
or Cart Becegcle [in pounds}
Carts -64 Gallon 120 lbs
Carts -95 Gallon 180 lbs
Detachable Containers —l to 8 cu yds 1,20)lbs
Drup Boxes -All Sizes 20,000 lbs
Over?lled or overweight,charges if transported.If the Container,Drop Box,or Cart exceedsthe
limis stated above,is ?lled beyond the marked ?ll line,or the top is unable to be closed,but the
Coriu-actortransports the materials,the following additionalcharges will apply
TypeISize of
Container,Drop Box,
gr Cart Chage
Carts -All Sizes §i00 Per Pickup
Detachable Container ~1 to 8 cu yds §14.1S Per Yard
Drop Boxes —All Sizes 514.15 Per Yard
Cumpacted material $8.30 Per Yard
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 14
Page 222 of 325
30—Oct-15 Page
Item 2 l 0
ts 210 --Waslzi and ni i eiachable Containers and]r Boxes
Upon customer request,the Corlmacmr will provide washing and sarlitizing serviceat the following rates:
Size or Type of
Container or DronBox E
Steam Cleaning -Delachable Col-nainer 3 40.50
Steam Cleaning -Drop Box $100.50
Note 1:The rate for washing and sanitizing Detachable Containers and Drop Boxes includes
the fee for delivering the newly cleaned Detachable Container or Drop Box back to the
custolnefs location
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 15
16
Page 223 of 325
30-Oct-15 Page
Item 230
Item 230 ~-Disposal Fem
Charges in this item apply when other items in this Appendix speci?cally refer to this item.
Type of Material Fee for Disposal
MSW $44.31
Green Waste #N/A
Commingled Recycle #N/A
Note 1:The DisposalFee includes the Pasco Utility Tax of 8.5%
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 16
Page 224 of 325
30-Oct-15 Page
Item 240
Item 240 —-Commercial Cart Service —~Dumped in Cnmpany‘s Vehicle
Nomcompacled Material
Rates stated per Commercial Cart per month
Service Area:City of Pasco
Size or Type ol'Container
Permanent Service 64 Gal Cart 96 Gal Curl
Pickup .One Time per Week $21.70 $40.15
Pickup -Two Times per Week 3 43.40 $30.30
Special Pickups 3 16.00 $2027
Additional Pickup $5 00 $9.27
Return Trip Charge $11.00 $11.00
Restart Charge $43 40 $43 40
Temporag Service
Delivery $11.00 $11.00
Pickup Rate 3 7.00 $12.97
Rent Per Calendar Day $5.50 $5.50
Prepayment 3 35.00 $35 00
Note]:Permanent Service:Service is de?ned as no less than scheduled,every week pickup,
Customer will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partially-filled containers.
Note 2'Permanent Service‘A Prepayment of $35.00 will be assessed to all first time
(new)Commercial Customers.The Prepayment will be applied to the customers account
in the event ofnon-payment,a?er one year of service,or be returned to the customer
upon termination of the commercial service.
Note 3:Special Pickup is the Bach Addt‘l Pickup rate plus Item 70 Return Trip -Carts.
Note 4:Restart subject to Item 51 —Restart Charges
Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessorial Charges gllds,unlocking,unlalcliing,etc.)
Note 5:
Note 7'
A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
A Return '1‘rip Charge of?li will be assessed when the company driver is
required to make a return trip,that does not require the special dispatch of a
truck,to pick up a Can or material that was unavailable for collection for
reasons under the control of the customer.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 17
18
Page 225 of 325
30-Oct-l 5 Page 19
Item 240
Item 240 ——Detachable Container Service -~Dumped in Company's Vehicle (continuedi
Non-compacted Material
Rates stated per Detachable Container,per month
Service Area:City of Pasco
Size or Type of Container
Permanent Service 15 Yard 2 Yar 3 Yard 4 Yard 6 are!8 Yard
Pickup -One Time per Week S 110.00 S 130 00 S 150 00 $185.00 $235.00 $300 00
Pickup -Two Times per Week 5 212.00 $250 00 3 290.00 $365.00 Si 465.00 $585.00
Pickup -Three Times per Week 3 320.00 S 375.00 3 435.00 $540.00 S 69000 $880.00
Pickup »Four Times per Week 3 425.00 S 495.00 $570.00 S 705.00 $910.00 5 1,150 00
Pickup -Five Times per Week $520.00 S 610.00 $705.00 $870.00 $1,140.00 $1,425.00
Special Pickups $47.24 S 51.85 $56.47 $64.55 $76.08 $9109
Additional Piclcup S 25 39 $30.00 S 34.62 $42.70 $54.23 $69.24
Retum Trip Charge $21.85 $21.85 $21.85 $21.85 3 21.85 $21.85
Restart Charge $43.40 S 43 40 $43.40 5 43.40 $43.40 $43.40
Temporary Service 1
Delivery #N/A #N/A S 21.85 3 21.85 $21 85 $21.85
Pickup Rat/e #N/A #N/A $55.25 $65.25 $80.25 S 100.25
Rent Per Calendar Day #N/A #N/A $5.50 $5.50 S 5.50 $5.50
Prepayment #N/A #N/A 35125.00 5 125.00 S 125.00 $125.00
Notel:Permanent Service:Service is defined as no less than scheduled,every week pickup.
Customer will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partia1ly»fi1led containers.
Note 2:Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip -Container
Note 3:Restart subject to Item 51 -Restart Charges
Note 4:Permanent Service:A Prepayment is equal to the first month's cost of service,and
will be assessed to all first time (new)Commercial Customers.The prepayment will be
applied to the customer's account in the event of non-payment,after one year of service,
or be returned to the customer upon tenninationof the Commercial Service
Please see Items 240 and 255.
Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 18
Page 226 of 325
30-Oct-l 5 Page 20
Item 240
Accessorial Charges [lids unlocking,unlatching,elc.)_
Note 6.A Gate Charge of $3.25 willbe assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Caxtor Container,
Note 7:A Return Trip Charge of SLSS will be assessed when the company driver is
required to make a return trip,that does not require the special dispatch of a truck,to
pick up 3 Container or materialthat was unavailable for collectionfor reasons under
the control of the customer.
Note 8:If customer requires a Loeking Container,21 one time fee of $95.00 will be assessed.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 19
Page 227 of 325
30-Oct-15 Page 21
Item 255
Item 255 ~-Detachable Container Service ~Dumgd in CommnfsVehicle
Compacted Material
Rates stated per Detachable Container,per onth
Service Area:City of Pasco
Size or Type of Container
Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard
Pickup —One Time per Week S 170.35 $205.35 $250.35 S 325.35
Pickup -Two Times per Week $340.70 $410 70 3 500.70 $650.70
Special Pickups S 61.19 8 69.27 S 79.67 3 9699
Additional Pickup $39 34 S 47.42 $57.82 $75.14
Return Trip Charge $21.85 $21.85 $21.85 39 21.85
Restart Charge $43 40 $43.40 3 43.40 5 43.40
Note 1:Permanent Service:Service is defined as no lessthan scheduled,every week pickup.
Customer will be charged for service requested,even if fewer containersare serviced on a
particular trip.No credit will be given for partially-?lled containers.
Note 2:Special Pickup is the Each Addrl Pickup rate plus Item 70 Return Trip -Container,
Note 3'Restart subject to Item 51 ~Restart Charge.
Note 4:Permanent Service:A Prepayment is equal to the first months cost of service,and
will be assessed to all first time (new)Commercial Customers.The prepayment will be
applied to the customer's account in die event ofnon-payment,after one year of service,
or be returnedto the customer upon termination of the Commercial Service
Please see Items 240 and 255.
Atcessurialcharges assessed(‘Q,gnlocldng,uglatching,etc]
Note 5:A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
Note 6:A Return Trip Charge of $11.85 will be assessed when the company driver is required
to make a return trip,that does not require the special dispatch of a truck,to pick up a
Cart or Container or material that was unavailable for collection for reasons under the
control nf the nictnmar
Note 7 A Disconnectflieeonneet Fee of $3.25 per pickup will be assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 20
Page 228 of 325
30-Oct-15 Page 22
Item 260
Item 260 mp Box Service —»To Disposal Site and Return
N on-Com patted Material
Rates stated per Drop Box,per pickup
Service Area.City of Pasco
Permanent Service
Delivery Charge
Haul Charge
Trip Charge
Iv?nimumMonthly Charge
Prepayment
Restart Charge
Size or Type of Container
ll Yard/15 Yard 20 Yard 30 Yard 40 Yard 50 Yard
55.00 55.00 3 55.00 $55.00 S 5500
140.00 145.00 $150.00 $160.00 $170.00
55.00 55.00 $55.00 $55.00 3 55.00
140.00 145.00 $150.00 $160.00 $17000
3000 250.00 $250.00 S 250.00 $250.00
43.40 43.40 $43.40 S 43.40 $43.40
esaaeameneeesaaeaeeeam
Temporary Service
Delivery Charge
Haul Charge
Trip Charge
Daily Rental Charge
Prepayment
Note 1:
Note 2:
Note 3.
Note 4:
Note 5.
Note 6:
55.00
140.25
55.00
7.50
50.00
55.00 S 55.00 $55.00 3 55.00
145.25 $150.25 $160.25 S 17025
55.00 $55.00 $55.00 S 55 00
7.50 $7.50 S 7.50 S 7.50
250.00 3 250.00 $250.00 S 250.00
eeweneaeaasegmuam
Rates in this item are subject to Disposal Fees named in Item 230.
Temporary Service.means providing Drop Box service at the customers request,for a
period of ninety days or less.
Permanent Service:means Drop Box service provided at customers request for more than
90 days.
For Pennanent Service accounts,if a Drop Box is retained by a customer for
a full month and no pickups are ordered,a Minimum Monthly Charge will be assessed
Restart subject to Item 51 —Restart Charge -Drop Box.
Rates named in this item apply for all hauls within the City Limits of Pasco,to the disposal site Any
miles driven outside t.he City limits of Pasco will be charged for at§.25 per mile.Mileage Charge is
in addition to all regular clmrges.
A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessurial charges assessed {lids}unlocking,unhtchlng,eIc.)_
Note 7:
Note 8.
A can Charge or 33.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access 2:Cart or Container.
A Trip Charge of S§.00 will be assessed when the company driver makes a trip to the
customers location,but.due to reasons under the control of the customer,was not able to
complete the haul
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 21
Page 229 of 325
30-Ocl—15 Page 23
Item 270
item 270 --Drag Bax Se?ice --To Disposal and Relgrll
Compacted Material
Rates stated per Drop Box,per pickup
Service Area:City of Pasco
Sin or Type of Container
Permanent Service 15 Yd 20 Yd 20 Yd 30 Ydl35 Yd 40 Yd
Delivery Charge $55.00 $55.00 $55.00 3 55.00 $55.00
H.aulCl1a.rge $165.00 $155.03 $165.00 3 l55.00 5 165.00
Trip Charge $5500 $55.00 $55.00 3 55.00 3 55.00
Prepayment $250.00 $250.(X)$250.00 $250.00 $250.00
Restart Charge $43.40 3 43.40 $43.40 $43.40 $43.40
Note 1.Rates in this item are subject to Disposal Fees named in Item B0.
Nole 2:If a Drop Box is retained by a customer for a full month and no pickups are ordered,
and the Drop Box is owned by the Contractor,a Monthly Charge will be assess ed.
Note 3:Restart subject to hem 5]~Restart Charge -Drop Box
Note 4;Rates named in this item apply for all hauls within the City Limils of Pasco,to the disposal site.
Any miles driven oumide the City limits of Pasco Wl.iibe charged for at $.25 per mile.Mileage
Charge is in addition to all regular charges.
Accessorial cIza_rges ssessed gggds,unlocking,Imlatching,en.-.g
Note 5:
Note 6:
Note 7'
Note 8:
A Gate Charge of 13.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Can or Container
A Compactor Disconnectlkeconnect Charge of §3.25 per haul
will be assessed when Drop Boxes with compactors require connecting or disconnecting.
A Turn Around Charge of 330,00per haul will be assessed when company driver has to mm
the Drop Box around in order to empty and/or reconnect the Drop Box.
A Trip Charge of $55.00 will be assessed when the company driver makes a trip
to the customers location,but due to reasons under the control of the customer,
was not able to complete the haul
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 22
Page 230 of 325
Exhibit D
WACOD Adjustment Formula
The following de?nitions apply to the calculation of the WACOD Adjustment:
If the following is true:
Change in Volume =(TONSCp-T0NSBp )/TONSB1»>=5%
Then,the following calculation shall be made by the Contractor:
WACOD Adjustment =WACOD Expense X WACOD Change
The following de?nitions shall apply to the above formulas:
O O C C C I C O O I I
WACOD Expense =the proportion of approved rates attributable to gross Solid Waste
disposal expense,hereby ?xed at %.
WACOD Change =(WACODCp-WACODBP)/WACODBP
WACOD”=MSWBPX TONSMsw.B}>+RCYBPX TONSRCY_Bp+GRNBPX TONSc,RN_
BP
WACODcy=MSWcp X TONSMsw_cp +RCYCPX TONSRcY.cp +GRNcp X TONSGRN.
City Planner
TONSBP=TONSMSW»BP+T0NSRcY—B1=+TONSGRN-BP
TONSCP=T0NSMsw.c1>+TONSRCY-CP+TONSGRN~CP
MSW3p =Contractor’s disposal rate for Solid Waste during the Base Period
TONSMsw.Bp =Volume of Solid Waste collected during the Base Period
RCY];p =Contractor’s processing rate for Recyclable Materials during the Base Period
TONSRCY_3p=Volume of Recyclable Materials processed during the Base Period
GRNB1»:Contractor’s processing rate for Green Waste during the Base Period
TONSGRN.];p =Volume of Green Waste processed during the Base Period
MSWCp =Contractor’s disposal rate for Solid Waste during the Comparison Period
ToNSMsw.Cp =Volume of Solid Waste collected during the Comparison Period
RCYCP=Contractor’s processing rate for Recyclable Materials during the Comparison
Period
TONSRcy.cy =Volume of Recyclable Materials processed during the Comparison
Period
GRNcp =Contractor’s processing rate for Yard Waste during the Comparison Period
TON SGRN.Cp=Volume of Yard Waste processed during the Comparison Period
If the City has not added separate collection services for Recyclable Materials and/or Yard
Waste during the Base Period,then the values for those respective variables representing the
volume of such materials will be set to zero,and shall remain zero for the term of this
Contract,i.e.:
TONSRCY-BP=TONSGRN-Bl’=0
Comprehensive Solid Waste Collection Agreement,Exhibit D
Page 1
Page 231 of 325
Until such time as the City adds separate collection service for Recyclable Materials and/or
Yard Waste,the values for those respective variables representing the volume of such
materials will be set to zero,i.e.:
TONSRcy.c}>'—'TONSGRN.C1==0
In either case,the volume of the Recyclable Materials and Yard Waste shall be included in the
measured volume of Solid Waste until such time as the City implements such separate
collections services.
Comprehensive Solid Waste Collection Agreement,Exhibit D
Page 2
Page 232 of 325
Exhibit E
Service Accord
The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as
follows:
(1)Solid Waste gathered by the City from alley clean-ups;
(2)Solid Waste gathered by the City from street sweeping;
(3)Solid Waste gathered by the City from sewer debris;and
(4)Solid Waste gathered by the City and deposited in specially designated Drop-Box
Containers supplied by Contractor.
These Solid Waste Services at No Direct costs include hauling and tip fees.The Solid Waste
Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage)in any calendar year.See
section 5.4 of the contract for more details.
The eligible Solid Waste Service locations within the City are as follows:
(1)The City Shop(s)1025 South Grey,Pasco,WA 99301
(2)The City Yard(s)Rd 108 and Crescent,Pasco,WA 9930]
Comprehensive Solid Waste Collection Agreement,Exhibit E
Page 1
Page 233 of 325
Exhibit F
Fuel Surcharge
City of Pasco
1 Base Fuel Expense
Base Fuel Expense =5.87%Fixed
2 Percentage Increase in Cost of Fuel
Current Fuel Price $3.79 Variable
Minus Base Fuel Price -$3.79 Fixed
Equals Fuel Price
Difference =$-Variable
Divided By Base Fuel Price (Line 6)+$3.79 Fixed
Equals Fuel Percent Change =0.00%Variable
Fuel Surcharge
3 Calculation
Base Fuel Expense (Line 1)5.87%
Multiplied By Percent Change in Fuel
Price x -
Fuel Surcharge 0.00%
Comprehensive Solid Waste Collection Agreement,Exhibit F
Page 1
Page 234 of 325
Exhibit G
Curbside Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit G
Page 1
Page 235 of 325
Exhibit H
Green Waste Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit H
Page 1
Page 236 of 325
Exhibit I
Electronic Waste Collection Provisions
(E-Waste)
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibitl
Page 1
Page 237 of 325
AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Adam Lincoln, City Manager
City Manager
SUBJECT:Resolution No. 4382 - Amending City Council Representation on
Community Boards and Committees for 2022-2023
I.REFERENCE(S):
Resolution
Amended Board and Committee Assignments List for City Council
Appointments
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4382, confirming Mayor Barajas
amended assignments of Councilmembers to various community boards and
committees for the years 2022-2023.
III.FISCAL IMPACT:
N/A
IV.HISTORY AND FACTS BRIEF:
of number a on desired City required is representation Council and/or
municipal and regional boards and committees. The practice of the City
Council has been to make Council appointments to the various boards and
committees on a biennial basis; thus, appointments generally are for a two-
year term, but not limited to one term. Changes to these appointments, if
necessary, can be made at any time by action of the Mayor with confirmation of
the City Council.
The Mayor's 2022-2023 Council assignments to various community boards
and committees was confirmed by Council at their January 18, 2022, through
Resolution No. 4139.
Since that time, former Councilmember Torres resigned from Council Position
Page 238 of 325
No. 3 at the end of May 2022 and the vacancy was posted. At their July 11,
2022 Special Meeting, Council appointed Irving Brown, Sr. to Position No. 3.
The 2022-2023 Council Assignments was updated again by Resolution No.
4205.
Mayor Pro Tem Maloney resigned from Council effective October 2, 2023, and
at a Special Meeting held on October 2nd, Melissa Blasdel was appointed to
Council Position No. 6. Therefore, the 2022-2023 Council Assignments list
needs to be updated to fill Mr. Maloney's vacant assignments.
V.DISCUSSION:
Mayor Barajas has amended the Council's community assignments for 2022-
2023 and is seeking confirmation from the Pasco City Council by approving the
attached resolution amending the 2022-2023 Council Assignments List.
Page 239 of 325
Resolution - Amended 2022-2023 Council Assignments - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
CONFIRMING MAYOR BARAJAS AMENDED ASSIGNMENTS OF
COUNCILMEMBERS TO VARIOUS BOARDS AND COMMITTEES FOR
THE YEARS 2022-2023.
WHEREAS, various boards and committees, serving both local and regional purposes,
require representation by the Pasco City Council; and
WHEREAS, Mayor Barajas, after consultation with Councilmembers, declared
appointments to the respective boards and committees for 2022-2023, which was approved through
Resolution No. 4139 at the January 18, 2022, Council meeting; and
WHEREAS, at the July 18, 2023, Council meeting, the 2022-2023 Councilmembers
assignments list was amended due to the resignation of former Councilmember Torres and the
appointment of Councilmember Brown; and
WHEREAS, the 2022-2023 Councilmembers assignments list requires amendments due
to the recent resignation of former Councilmember Maloney and the recent appointment of
Councilmember Melissa Blasdel.
WHEREAS, this is an opportunity for other updates to the 2022-2023 Councilmembers
assignments as approved by Mayor Barajas; and
WHEREAS, the amended 2022-2023 Councilmembers assignments are reflected in the
list, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Pasco City Council hereby confirms the amendments to the appointments to the
respective boards and committees in the list attached hereto as Exhibit A, until otherwise modified
by action of the Mayor and City Council.
Be It Further Resolved, that this Resolution will take effect immediately.
Page 240 of 325
Resolution - Amended 2022-2023 Council Assignments - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 241 of 325
CITY COUNCIL
BOARD AND COMMITTEE ASSIGNMENTS - CALENDAR YEARS 2022-2023
Mayoral Appointments to Board and Committee Membership
BOARD/COMMITTEE DAY TIME LOCATION REP ALT
Emergency Medical Services 1st Monday,
Even-Months 1:30 pm Fire Training Center
1811 S. Ely Pete Serrano Irving Brown
Parks & Recreation Advisory Board* 1st Thursday 5:30 pm Virtual David Milne Pete Serrano
Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm Conference Room #1 Blanche Barajas Irving Brown
Ben-Franklin Transit Board 2nd Thursday 7:00 pm Ben-Franklin Transit Joseph Campos Irving Brown
Reserve Officers Board 3rd Monday, as needed 5:30 pm Conference Room #1 Blanche Barajas Irving Brown
LEOFF Disability Board 3rd Monday 6:00 pm Conference Room #1 Blanche Barajas Irving Brown
Good Roads & Transportation Association * 3rd Wednesday,
Bi-Monthly 5:30 pm Virtual Joseph Campos Pete Serrano
Tri-Cities National Park Committee 3rd Thursday 4:00 pm 7130 W. Grandridge Blanche Barajas Melissa Blasdel
Benton Franklin Community Action Connections 4th Thursday 5:30 pm 720 W. Court Street Zahra Roach Pete Serrano
Franklin County Emergency Management Council 3rd Thursday, Quarterly 3:30 pm EMS Office Blanche Barajas David Milne
Benton Franklin Council of Governments 3rd Friday 11:30 am Ben-Franklin Transit Melissa Blasdel David Milne
Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben-Franklin Transit Pete Serrano
HAPO Center Advisory Board (Formally TRAC) 4th Tuesday, Quarterly 5:00 pm HAPO Center Joseph Campos Melissa Blasdel
Visit Tri-Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge Zahra Roach David Milne
TRIDEC Board of Directors 4th Thursday, Odd months 4:00 pm 7130 W. Grandridge Melissa Blasdel David Milne
Hanford Communities Governing Board
(and ECA) 4th Thursday, Quarterly 7:30 am Richland Council Chambers Zahra Roach Pete Serrano
Downtown Pasco Development Authority 3rd Thursday 4:00 pm DPDA Irving Brown Pete Serrano
Pasco Public Facilities District 3rd Tuesday 4:00 pm Council Chambers Melissa Blasdel David Milne
Tri-Cities Regional PFD Board As called Varies
Three (3) Reps
Joseph
Campos David Milne Melissa
Blasdel
Franklin County Solid Waste Advisory Committee As called FC Public Works Pete Serrano
Franklin County Law & Justice Council As called FC Courthouse Pete Serrano
Local Housing Trust Fund Oversight Committee As called David Milne
PSD Skilled & Technical Advisory Committee* 2nd Thursday 4:30pm Virtual David Milne
*Voluntary (does not require elected official as representative)
Revision Approved: ____________ Resolution No._____ Page 242 of 325
AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Debra Barham, City Clerk
City Manager
SUBJECT:*Franklin County Mosquito Control District Board of Trustees
Appointment
I.REFERENCE(S):
Letter of Recommendation
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the appointment of Angie Stoddard to represent the City of Pasco
on the Franklin County Mosquito Control District Board of Trustees from
October 16, 2023, through December 31, 2025.
III.FISCAL IMPACT:
N/A
IV.HISTORY AND FACTS BRIEF:
In 2002, the Board of Franklin County Commissioners and the Benton Franklin
Health Department discussed the public health need for the formation of a
special district to control mosquitoes for public health protection and
pest/nuisance relief in Franklin County.
January 2003, meeting of the Board of Franklin County Commissioners a
resolution was approved, calling for a special election to be held in March 2003
regarding the proposal to establish a Mosquito Control District. The Franklin
County electorate approved the formation of the Franklin County Mosquito
Control District, and it was formally established on April 2, 2003.
A seven-member Board of Trustees was established to oversee the operation
of the District. The Trustees are appointed from the following areas of Franklin
County to serve two-year terms:
Page 243 of 325
County Commissioner District 1
County Commissioner District 2
County Commissioner District 3
City of Pasco
City of Connell
City of Mesa
City of Kahlotus
March 2004, the Board of Trustees employed a Director to run and oversee the
day-to-day operation of the District.
Presently the District employs a Director, Field Manager, Vector Ecologist,
Wetland Manager, and seasonal employees to control mosquitoes in the 1,300
square miles of Franklin County.
V.DISCUSSION:
Franklin County Mosquito Control District (FCMCD) Director David Dorsett
submitted a letter of recommendation for the appointment of Angie Stoddard, a
Pasco resident who has expressed interest in serving as the City of Pasco's
representative on the FCMCD Board of Trustees for the next two-year term.
Ms. Stoddard is a longtime Tri-Citian and has lived in the City of Pasco since
2015. She is a Senior Advisor for the U.S. Department of Energy, overseeing
contracts for the HAMMER Federal Training Center and Hanford Occupational
Health Services.
Per RCW 17.28.110 (2) Board of Trustees Composition, the governing board of
the City (City Council) shall appoint a one member to the FCMCD Board of
Trustees, who resided in city-limits.
Mr. Dorsett recommends the appointment of Ms. Stoddard to represent the City
of Pasco on the FCMCD Board of Trustees effective October 16, 2023, through
December 31, 2025, due to the untimely death of the previous member, Steven
Booth. Mr. Booth's unexpired term was through December 31, 2023. Mr.
Dorsett is requesting that the Ms. Stoddard serve the remaining two and a half
months of the unexpired term and then continue for a full two-year term ending
on December 31, 2025.
Page 244 of 325
RECEIVED
SEP19 2023
CITY CLER
Franklin 'ounty Mosquito Control istrict
2601 N.Capitol Avenue
Pasco,WA 99301
(509)545-4083
Mayor,Blanche Baraj as
City of Pasco
525 N.3”Avenue
Pasco,WA 99301 ‘
RE:Board of Trustee Appointment
I am writing to you regarding the City of Pasco’s,Franklin County Mosquito Control District
Board of Trustee appointment for the term of 01/01/2022 through 12/31/2023.
The current appointee,Mr.Stephen Boothe,unfortunately has passed away after a short battle
with cancer.Mr.Boothe was a regular attendee of the district’s monthly meetings and a Valued
member of the Board of Trustees.
Due to this unfortunate event,we need a replacement to represent the City of Pasco.The district
has received interest in ?lling this position from Mrs.Angie Stoddard.
Mrs.Angie Stoddard
4702 Cathedral Dr.
Pasco,WA 99301.
Mrs.Stoddard is a longtime Tri-Cities resident and has lived in Pasco since 2015.She is a
Senior Advisor for the US Department of Energy overseeing contracts for the HAMMER
Federal Training Center and Hanford Occupational Health Services.
Please respond with any questions you may have regarding the district or its Board of Trustees.
If the City feels Mrs.Stoddard would be acceptable for appointment to the Franklin County
Mosquito Control District,Board of Trustees,please provide a letter of appointment.We ask
Mrs.Stoddard to be appointed to ?ll the remaining term of Mr.Boothe ending 12/31/2023 and
for the subsequent term of 01/01/2024 through 12/31/2025
Respectfully,
David A.Dorsett,Director
Franklin County Mosquito Control District
(509)545-4083
§lg191'sett@fc1nQd.01'
Page 245 of 325
AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Debra Barham, City Clerk
City Manager
SUBJECT:*Confirming Civil Service Commission/Personnel Board Appointment of
Brian Ellis
I.REFERENCE(S):
PMC 2.40
Candidate Application Packet - Council Only
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the City Manager's appointment of Brian Ellis to
Position No. 2 on the Civil Service Commission/Personnel Board with an
unexpired term ending on February 17, 2028.
III.FISCAL IMPACT:
N/A
IV.HISTORY AND FACTS BRIEF:
State Law (RCW 41.08 Civil Service for City Fire Fighters and 41.12 Civil
Service Service Civil a maintain to for the requires Police) City City
Commission for its Police and Fire Departments. PMC 2.40 establishes a Civil
Service Commission for Fire and Police employees, a Personnel Board for all
employees of the City. Per statute, the appointment of its members are to six-
year terms.
The purpose of the Civil Service Commission/Personnel Board is to:
ensure the provisions of the law are carried out;
ensure the continuance of the civil service system;
promote efficiency in the dispatch of public business;
ensure that the selection and promotion of employees is based on merit;
and
ensure all employees in the classified civil service receive fair and
Page 246 of 325
impartial treatment at all times.
Additionally, the Commission is tasked with certifying that no person in the
classified civil service, or seeking admission thereto, shall be appointed,
promoted, reduced, or removed, or in any way favored or discriminated against
in their employment or opportunity for employment because of their race, color,
age, religious or political opinions or affiliations, union affiliation or national
origin.
The Civil Service Commission is composed of three (3) citizens to assure
fairness and impartiality in the hiring and promotion of uniformed police and fire
employees. The Commission also decides appeals of discipline administered
to uniformed police and fire employees, when such employees elect to use the
Civil Service Commission hearing process (rare occasions) rather than the
grievance arbitration process afforded in their respective bargaining contracts.
In addition, the City Council has previously designated the Civil Service
Commissioners to fill the role of the Personnel Board to consider certain
appeals of workplace issues relating to non-uniformed employees who are not
otherwise covered by a Collective Bargaining Agreement.
Appointments to the Civil Service Commission are made by the City Manager
with the consent of the City Council, per PMC Section 2.40.020.
V.DISCUSSION:
The key attributes of a Commission member are attention to detail, an interest
in the civil service process and the ability to make fair and impartial decisions
based on the facts surrounding an issue.
Mr. Ellis has extensive civil service knowledge and experience through his
years working at the City of Kennewick, as well as his current position as
Deputy Fire Marshal for the Hanford Fire Marshal's Office. Mr. Ellis is civic-
minded and has municipal experience, which will add great value to Pasco's
Civic Service Commission.
City Manager requests Council to confirm Brian Ellis to the Civil Service
Commission.
Page 247 of 325
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
Chapter 2.40
CIVIL SERVICE COMMISSION AND PERSONNEL BOARD
Sections:
Created – Purpose.
Membership.
Civil service rules.
Powers and duties of Personnel Board.
Fire Chief excepted.
Police Chief excepted.
2.40.010 Created – Purpose.
There is created pursuant to Chapters 41.08 and 41.12 RCW a Civil Service Commission for the Fire Department
and Police Department, and a Personnel Board for all employees of the City. [Ord. 3266 § 5, 1997; Code 1970
§ 2.33.010.]
2.40.020 Membership.
Residents of the City of Pasco being citizens of the United States will be eligible for appointment. The City Manager
will make all appointments to the Commission with consent of the City Council, following rules established in
Chapters 41.08 and 41.12 RCW. Members of the Civil Service Commission will also serve as members of the
Personnel Board. [Ord. 3266 § 5, 1997; Code 1970 § 2.33.020.]
2.40.030 Civil service rules.
The Commission shall adopt rules as provided for in Chapters 41.08 and 41.12 RCW, respectively. Commission
rules may be amended and updated from time to time. [Ord. 3266 § 5, 1997; Code 1970 § 2.33.030.]
2.40.040 Powers and duties of Personnel Board.
It shall be the duty of the Personnel Board to:
(1) Hear grievances in accordance with rules of procedures and practices to be adopted by the Board, but
informality of proceedings or in the manner of taking testimony shall not affect any action of the Board.
Your Selections | Pasco Municipal Code Page 1 of 2
The Pasco Municipal Code is current through Ordinance 4643, passed March 6, 2023.
Page 248 of 325
The Pasco Municipal Code is current through Ordinance 4643, passed March 6, 2023.
Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users should contact the
City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.pasco-wa.gov
City Telephone: (509) 544-3080
Code Publishing Company, A General Code Company
(2) Advise the appointing authority on matters brought before the Board by the appointing authority.
(3) Keep such records as may be necessary for the proper execution of the powers and duties of the Board. [Ord.
3266 § 5, 1997; Code 1970 § 2.33.040.]
2.40.050 Fire Chief excepted.
Any person appointed as Fire Chief after January 25, 1994, shall be excepted from inclusion within the purview of
the Civil Service System created by this chapter. [Ord. 3545 § 33, 2002; Code 1970 § 2.33.050.]
2.40.060 Police Chief excepted.
Any person appointed as Police Chief after January 25, 1994, shall be excepted from inclusion within the purview
of the Civil Service System created by this chapter. [Ord. 3545 § 33, 2002; Code 1970 § 2.33.060.]
Your Selections | Pasco Municipal Code Page 2 of 2
The Pasco Municipal Code is current through Ordinance 4643, passed March 6, 2023.
Page 249 of 325
AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Jacob Gonzalez, Director
Community & Economic Development
SUBJECT:Resolution Nos. 4383, 4384, & 4385 - Approving Empire Estates
Developer Reimbursement (Latecomer) Agreement
I.REFERENCE(S):
Resolution Template and Developers Agreement - Water
Resolution Template and Developers Agreement - Sewer
Resolution Template and Developers Agreement - Streets/Roads
Exhibit A: Cost Allocations
Exhibit B: Maps of Water, Sewer, Road Improvements
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City authorizing 4383, No. the approve to move I Resolution
Manager to execute a Utility Developer Reimbursement Agreement with
Empire Bros Construction, LLC for the construction of water utility
improvements for the Empire Estates subdivision in Pasco, WA.
MOTION:I move to approve Resolution No. 4384, authorizing the City
Manager to execute a Utility Developer Reimbursement Agreement with
Empire Bros Construction, LLC for the construction of sewer utility
improvements for the Empire Estates subdivision in Pasco, WA.
MOTION:City the authorizing 4385, No. approve to move I Resolution
Manager to execute a Street Developer Reimbursement Agreement with
Empire Bros Construction, LLC for the construction of street improvements for
the Empire Estates subdivision in Pasco, WA.
III.FISCAL IMPACT:
N/A
Page 250 of 325
IV.HISTORY AND FACTS BRIEF:
The Pasco Municipal Code (PMC) Chapter 14.25 provides an opportunity for
developers who install certain improvements to be reimbursed by other
Chapter PMC The later. 14.25 who owners property benefitting develop
provides the steps necessary for developers to enter into a Street and/or Utility
Developer Reimbursement Agreement (often referred to as “Latecomer
Agreement”) with the City to collect these reimbursements on the developer's
behalf.
Latecomer agreements are a tool that helps municipalities facilitate growth and
encourage development by distributing development costs more evenly
between property owners who benefit from constructed infrastructure
improvements.
Empire Bros Construction, LLC applied for latecomer agreements for water,
sewer, Estates Empire the with and improvements street associated
subdivision in Pasco, WA. City Staff and the City Attorney have worked closely
during the processing of this latecomer application, and are in agreement that
the application has met the requirements provided in state and local law.
V.DISCUSSION:
PMC Conditions & Procedures
Section 14.25 of the PMC "provides the conditions and procedures under
which developers, including the City, who install qualifying improvements
requisite development City's the to and development future for pursuant
ordinances and policies, may be partially reimbursed for the expense of such
improvements by noncontributing benefiting owners of adjacent properties in
compliance the Code Revised of [of 35.72 and Chapters with 35.91
Washington (RCW)]".
Council Hearing on July 17th
After preliminary determination notices were sent to parcels within the
area reimbursement area, some property owners within the benefiting
requested a hearing to contest the preliminary assessment reimbursement
area and preliminary assessment in accordance with the procedures described
in Section 14.25.050 of the PMC. A hearing was held on July 17th, 2023, and
the Council passed a motion establishing the assessment reimbursement area
and preliminary assessment for all three latecomer agreements associated with
Empire Estates (water, sewer, road). The preliminary assessment established
by the Council is attached for reference.
Page 251 of 325
Final Cost Review
Staff worked closely with the developer to ensure that the final costs used in
calculating the final assessment were based on the actual as-built conditions
as shown in the record drawings and that only eligible costs were included.
Recommendation
City staff is recommending that the City Council approve the resolutions
authorizing the City Manager to execute these latecomers' agreements,
allowing for minor modifications as necessary.
Page 252 of 325
Resolution - Water DRA - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
DEVELOPER REIMBURSEMENT AGREEMENT WITH EMPIRE BROS
CONSTRUCTION, LLC FOR THE CONSTRUCTION OF WATER UTILITY
IMPROVEMENTS FOR EMPIRE ESTATES.
WHEREAS, RCW 35.91 and Section 14.25 of the Pasco Municipal Code (PMC)
provides a statutory framework for developers to enter into Developer Reimbursement
Agreements when the developer, as a condition of development, pays the costs of necessary
infrastructure improvements; and
WHEREAS, Empire Bros Construction, LLC has submitted a complete and accurate
application for a Developer Reimbursement Agreement; and
WHEREAS, Section 14.25.030(4) of the PMC requires the Public Works Director,
within 28 days of receipt of a Developer Reimbursement Agreement application to provide
notice to the developer whether the application is complete or needs to be supplemented or
amended within 30 days of such notice unless extended within the Public Works Director’s
discretion; and
WHEREAS, the City of Pasco (City) shall provide notice of its intent to participate in
any Developer Reimbursement Agreements to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the developer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public
hearing, within 20 days of date of mailing of the notice, before City Council action; and
WHEREAS, the City received in writing a request for a hearing before City Council to
contest the preliminary assessment reimbursement area and preliminary assessment within 20
days of mailing the preliminary assessment notices; and
WHEREAS, the City Council held a hearing on July 17, 2023, and established the
preliminary assessment reimbursement and preliminary assessment; and
WHEREAS, the City Council has determined that the above procedural requirements of
Section 14.25 of the PMC have been met; and
WHEREAS, utility system improvements include infrastructure projects related to City
water, sewer and storm sewer which are required to be constructed as a prerequisite of continued
development; and
Page 253 of 325
Resolution - Water DRA - 2
WHEREAS, Developer Reimbursement Agreements requested by developers shall be
entered into by the City pursuant to Section 14.25.030(3) of the PMC once the prerequisites of
Section 14.25 of the PMC have been met; and
WHEREAS, Developer Reimbursement Agreements shall meet the development criteria
as detailed in Section 14.25.030(3)(b) of the PMC; and
WHEREAS, Empire Bros Construction, LLC agrees to payment of project costs,
including legal and administrative costs, as set forth in the Developer Reimbursement
Agreement, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the City Manager is hereby authorized to sign and execute the Developer
Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved, that the City Manager is authorized to make minor substantive
changes to the Developer Reimbursement Agreement as needed.
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
_____, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 254 of 325
Developer Reimbursement Agreement
Empire Estates Water - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Developers Tax Parcel No.: 113883014 (RETIRED) Abbreviated Legal Description:
WASHINGTON ADDITION BLOCK 2, 3 & 4 TOGETHER WITH VACATED STREETS
AND ALLEY PER ORD-4491
Additional Parcels and Full Legal Descriptions attached hereto as Exhibit B
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of___________,
2023, by and between the City of Pasco, a Municipal Corporation of the State of
Washington, hereinafter referred to as “City”, and Empire Bros Construction, LLC, their
successors and assigns, hereinafter referred to as “Developer”; and
WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality’s corporate limits or
within ten (10) miles of the municipality’s corporate limits, who construct utility facilities
to serve their own properties and other properties, whereby such owners and
municipalities may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer has constructed the following described extension of City’s
facilities:
An 8-inch ductile iron water mainline installed in the right-of-way.
This line runs approximately 862 linear feet beginning at Sprague
Ave extending Westward along Blaine Street then turns Southward
approximately 300 linear feet along Missoula Street then turns
Eastward approximately 962 linear feet within East Helena Street.
Page 255 of 325
Developer Reimbursement Agreement
Empire Estates Water - 2
2. The improvements have been constructed in accordance with plans and
specifications approved by City prior to construction and Developer has
supplied City with reproducible as-built drawings regarding the facilities.
3. In addition to serving properties owned by Developer at the outset of
construction, the facilities constructed will also serve the following
described parcels of real property, and any subdivisions of such parcels,
that did not contribute to the cost of the facilities construction, hereinafter
referred to in aggregate as the "Assessment Area", which is determined at
the sole discretion of the City, and which are identified and legally
described in Exhibit B.
4. As the facilities have been construction in accordance with City Codes and
Standards, applicant obtained all permits required by the City’s Codes and
Standards. The work is physically complete and inspected by the City as
required by the Public Works Director, or his designee. Developer agrees
to convey such facilities to City for the consideration and benefits of City.
Upon completion (issuance of Warranty Letter) the City will thereafter
own and operate said facilities subject to all of the laws and regulations,
fees and assessments of City.
5. City and Developer agree that Developer’s contributions to the total
project costs is shown in Exhibit A, which is allowed by statute to include
costs for the design, construction engineering, inspection, construction,
administrative, legal and other costs attributable to the project.
6. City and Developer agree that the City’s contributions to the total project
costs is or will be valued at $0, which includes costs for the design,
construction engineering, inspection, construction, administrative, legal
and other costs attributable to the project.
7. City and Developer agree that the Total Assessment that is attributed to
the Assessment Area is shown in Exhibit A. City and Developer agree that
Developer is entitled to a potential total reimbursement, less any collection
charges deducted by the City, of a maximum of total assessment as shown
in Exhibit A.
8. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan
approval for the utility system improvements was required.
9. Execution of this Agreement is conditioned upon:
Inspection and approval of the utility system improvements by the City;
Page 256 of 325
Developer Reimbursement Agreement
Empire Estates Water - 3
A. Full compliance with the Developer’s obligations under this
Agreement and with the City’s rules and regulations with respect to the
project described in Section 1.
B. The Developer shall pay all of the City’s costs associated with
processing this latecomer agreement including, but not limited to,
engineering costs as set forth in Chapter 3.35 PMC, and the actual
legal, recording, and administration costs.
C. City verification and approval of all contracts and costs related to the
utility system improvements; and
D. Within one hundred and twenty (120) days of the completion of the
utility system improvements, Developer must submit the total actual
cost of the utility system improvements to the City.
10. Developer agreements associated with street system improvements shall
be valid for a period not to exceed 15 years from the effective date of the
agreement; and developer agreements associated with utility system
improvements shall be valid for a period not to exceed 20 years from the
effective date of the agreement.
While a developer agreement is valid, any person, firm or corporation now
or hereafter owning benefitted properties described below, or segregated
parcels thereof, desiring to connect to the described facilities, shall first
pay their pro-rata share of the total cost of the facilities (“Total
Assessment”). For this project, the Total Assessment is shown in Exhibit
A. The individual Assessment associated with each parcel of benefited
property described in this Agreement shall be charged to the property
owner as shown in Exhibit A.
11. No person, firm or corporation shall be granted a permit or be authorized
by City to tap into or use the referenced facilities during the period of time
prescribed in Paragraph 10 above without first paying to City, in addition
to any and all other costs, assessments and charges made and assessed for
such tap or use, the amount required by the provisions of this contract.
12. The City shall deduct from all assessment reimbursement payments it
collects; an amount (collection charge) as designated in Pasco Municipal
Code (“PMC”) 3.35.180 to cover its administrative collection costs. After
deduction of the collection charge, each reimbursement assessment
payment will be disbursed to the Developer according to the terms of this
Agreement. Any amounts so collected during the time period in
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Developer Reimbursement Agreement
Empire Estates Water - 4
Paragraph 10 above by City and due to Developer, shall be remitted to
Developer or assigns within sixty (60) days of the receipt thereof, in
accordance with this Agreement.
13. Developer agrees to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any property
owner challenging the validity or enforceability of this Agreement. In
turn, the City agrees to cooperate with the Developer in the course of any
such claim, proceeding or action to provide reasonable and lawful access
to City records and witnesses.
14. Any funds collected by City and payable to Developer in accordance with
the terms of this contract shall be remitted to Developer at the following
address:
Address: Empire Bros Construction, LLC
PO BOX 5494
Kennewick, WA 99336
Phone: (509) 366-2252
15. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer
shall provide to the City in writing every two (2) years from the date this
Agreement was executed, information regarding the current contact name,
address, and telephone number of the person, company or partnership that
originally entered into the Agreement. If the Developer fails to comply
with the notification requirements within sixty (60) days of the specified
time, then City may collect any reimbursement funds owed to the
Developer under this Agreement, and such funds shall be deposited into
the capital expenditure account of the City’s utility fund.
16. If prior to the expiration of one (1) year after the date of conveyance of the
facilities by Developer to City (issuance of Warranty Letter), any work is
found to be defective, Developer shall promptly and without cost to City,
either correct such defective work or, if it has been rejected by City,
remove and replace it with non-defective work. If Developer does not
promptly comply with the terms of such instructions, City may have the
defective work corrected or the rejected work removed and replaced and
all direct and indirect costs of such removal and replacement, including
compensation for professional services, shall be withheld from the
reimbursement assessment payments that are due to Developer.
17. Developer agrees that once the City has collected all amounts under this
Agreement, up to a maximum as shown in Exhibit A of this Agreement
Page 258 of 325
Developer Reimbursement Agreement
Empire Estates Water - 5
and remitted such amount (less any collection charges) to Developer, that
City shall remit to Developer no further payments under this contract.
18. Developer hereunder is an independent contractor and is not an agent or
employee of City.
19. The contract must be recorded in the appropriate county auditor's office
within 30 days of its final execution.
20. 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 pursuant to RCW 7.04A, as amended, the Mandatory Rules of
Arbitration (MAR), with all parties waiving the right of a jury trial upon
de novo review, with the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other.
Page 259 of 325
Developer Reimbursement Agreement
Empire Estates Water - 6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF PASCO: DEVELOPER:
By: ________________________ By: ___________________________
Adam Lincoln, City Manager Hilario Zaragoza, Empire Bros
Construction, LLC
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 260 of 325
Developer Reimbursement Agreement
Empire Estates Water - 7
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me ADAM LINCOLN, Interim City
Manager of the City of Pasco, Washington, described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 20__.
________________________________________
Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at _______________________________
My Commission Expires: ___________________
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me HILARIO ZARAGOZA, to be known
to be the individual described in and who executed the within and foregoing instrument
and acknowledged that he signed the same as his free and voluntary act and deed for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of _____________, 20__.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Print Name: _________________________________
Residing at: __________________________________
My Commission Expires: _______________________
Page 261 of 325
Developer Reimbursement Agreement
Empire Estates Water - 8
EXHIBIT A
Page 262 of 325
Developer Reimbursement Agreement
Empire Estates Water - 9
EXHIBIT B
DEVELOPERS PARCEL
Parcel No.: 113883014 (RETIRED)
Legal Description: A PORTION OF THE SE ¼ OF THE SE ¼ SECTION 28,
TOWNSHIP 09 NORTH, RANGE 30 EAST, W.M., CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON. ALL OF BLOCK 2, 3, AND 4, WASHINGTON
ADDITION TO PASCO, ACCORDING TO THE PLAT THREOF, RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH PORTIONS OF VACATED ROADS AND
ALLEYS BY ORDINANCE NO. 4491, RECORDED UNDER AUDITORS FILE NO.
1914537.
Child Parcel No.: 113883051
Legal Description: LOT 1, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883052
Legal Description: LOT 2, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883053
Legal Description: LOT 3, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883054
Legal Description: LOT 4, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883055
Legal Description: LOT 5, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Developer Reimbursement Agreement
Empire Estates Water - 10
Child Parcel No.: 113883056
Legal Description: LOT 6, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883057
Legal Description: LOT 7, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883058
Legal Description: LOT 8, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883059
Legal Description: LOT 9, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883060
Legal Description: LOT 10, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883061
Legal Description: LOT 11, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883062
Legal Description: LOT 12, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883063
Legal Description: LOT 13, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883064
Legal Description: LOT 14, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Developer Reimbursement Agreement
Empire Estates Water - 11
Child Parcel No.: 113883065
Legal Description: LOT 15, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883066
Legal Description: LOT 16, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883067
Legal Description: LOT 17, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883068
Legal Description: LOT 18, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883069
Legal Description: LOT 19, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883070
Legal Description: LOT 20, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883071
Legal Description: LOT 21, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883072
Legal Description: LOT 22, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Developer Reimbursement Agreement
Empire Estates Water - 12
Child Parcel No.: 113883073
Legal Description: LOT 23, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883074
Legal Description: LOT 24, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883075
Legal Description: LOT 25, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883076
Legal Description: LOT 26, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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BENEFITTING PARCELS
Parcel No.: 113884012
Legal Description: WASHINGTON EDITION, LOTS 20 TO 22, BLOCK 1.
Parcel No.: 113884058
Legal Description: LOTS 12-19, BLOCK 1, WASHINGTON ADDITION TO PASCO,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Parcel No.: 113883022
Legal Description: ALL OF BLOCK 7, WASHINGTON ADDITION TO PASCO,
ACCORDING TO PLAT THEREOF RECORDED IN VOLUME “B” OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS PER ORD ADJ #3996
Parcel No.: 113882103 (RETIRED)
Legal Description: LOTS 1 THROUGH 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN1973865
Child Parcel No.: 113882104 (RETIRED)
Legal Description: LOTS 1 THROUGH 3, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS
ORD-4648 AFN 1973865 (PARCEL A OF RS-1978329)
BLA New Parcel No.: 113882107
Legal Description: LOTS 1 THROUGH 3, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THE SOUTH 6.41 FEET OF LOT 3, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865
(PARCEL A OF RS-1978329)
Child Parcel No.: 113882105 (RETIRED)
Legal Description: LOTS 4 THROUGH 6, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS
ORD-4648 AFN 1973865 (PARCEL B OF RS-1978329)
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BLA New Parcel No.: 113882108
Legal Description: LOTS 4 THROUGH 6, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THE SOUTH 10.67 FEET OF LOT 6, TOGETHER
WITH THE SOUTH 6.41 FEET OF LOT 3, BLOCK 6 AND VACATED
STREETS AND ALLEYS ORD-4648 AFN 1973865 (PARCEL B OF RS-
1978329)
Child Parcel No.: 113882106 (RETIRED)
Legal Description: LOTS 7 AND 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH VACATED STREETS AND ALLEYS ORD-4648 AFN
1973865 (PARCEL C OF RS-1978329)
BLA New Parcel No.: 113882109
Legal Description: LOTS 7 AND 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH THE SOUTH 10.67 FEET OF LOT 6, BLOCK 6, AND
VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865 (PARCEL C
OF RS-1978329)
Parcel No.: 113882096
Legal Description: LOTS 25 THROUGH 32, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN1973865
Parcel No.: 113881024
Legal Description: TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M. RECORDS OF
FRANKLIN COUNTY, WASHINGTON, BLOCK 5, WASHINGTON ADDITION TO
PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, SECTION 28, TOGETHER WITH VACATED STREETS AND
ALLEYS ORD 4646 AFN1973182
Parcel No.: 113870143
Legal Description: THE SOUTH HALF OF THE NORTHESE QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30
EAST, W.M, FRANKLIN COUNTY, WASHINGTON, LESS EASEMENT.
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Resolution - Sewer DRA - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
DEVELOPER REIMBURSEMENT AGREEMENT WITH EMPIRE BROS
CONSTRUCTION, LLC FOR THE CONSTRUCTION OF SEWER UTILITY
IMPROVEMENTS FOR EMPIRE ESTATES.
WHEREAS, RCW 35.91 and Section 14.25 of the Pasco Municipal Code (PMC) provides
a statutory framework for developers to enter into a Developer Reimbursement Agreement when
the developer, as a condition of development, pays the costs of necessary infrastructure
improvements; and
WHEREAS, Empire Bros Construction, LLC has submitted a complete and accurate
application for a Developer Reimbursement Agreement; and
WHEREAS, Section 14.25.030(4) of the PMC requires the Public Works Director, within
28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the
developer whether the application is complete or needs to be supplemented or amended within 30
days of such notice unless extended within the Public Works Director’s discretion; and
WHEREAS, the City of Pasco (City) shall provide notice of its intent to participate in any
Developer Reimbursement Agreement to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the developer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice, before City Council action; and
WHEREAS, the City received in writing a request for a hearing before City Council to
contest the preliminary assessment reimbursement area and preliminary assessment within 20 days
of mailing the preliminary assessment notices; and
WHEREAS, the City Council held a hearing on July 17, 2023, and established the
preliminary assessment reimbursement and preliminary assessment; and
WHEREAS, the City Council has determined that the above procedural requirements of
Section 14.25 of the PMC have been met; and
WHEREAS, utility system improvements include infrastructure projects related to City
water, sewer and storm sewer which are required to be constructed as a prerequisite of continued
development; and
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Resolution - Sewer DRA - 2
WHEREAS, Developer Reimbursement Agreements requested by developers shall be
entered into by the City pursuant to Section 14.25.030(3) of the PMC once the prerequisites of
Section 14.25 of the PMC have been met; and
WHEREAS, Developer Reimbursement Agreements shall meet the development criteria
as detailed in Section 14.25.030(3)(b) of the PMC; and
WHEREAS, Empire Bros Construction, LLC agrees to payment of project costs, including
legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the Developer Reimbursement
Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager is authorized to make minor substantive
changes to the Developer Reimbursement Agreement as needed.
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Developers Tax Parcel No.: 113883014 (RETIRED)
Abbreviated Legal Description: WASHINGTON ADDITION BLOCK 2, 3 & 4 TOGETHER
WITH VACATED STREETS AND ALLEY PER ORD-4491
Additional Parcels and Full Legal Descriptions attached hereto as Exhibit B
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of___________,
2023, by and between the City of Pasco, a Municipal Corporation of the State of
Washington, hereinafter referred to as “City”, and Empire Bros Construction, LLC, their
successors and assigns, hereinafter referred to as “Developer”; and
WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality’s corporate limits or
within ten (10) miles of the municipality’s corporate limits, who construct utility facilities
to serve their own properties and other properties, whereby such owners and
municipalities may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer has constructed the following described extension of City’s
facilities:
An 8-inch sewer mainline installed in the right-of-way. This line
runs approximately 834 linear feet beginning at Sprague Ave
extending Westward along Blaine Street then turns Southward
approximately 327 linear feet along Missoula Street then turns
Eastward approximately 978 linear feet within East Helena Street.
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Empire Estates Sewer - 2
Additionally, 962 linear feet heads south within Right-of-Way in
future road South Road 30 East beginning from East Helena Street.
2. The improvements have been constructed in accordance with plans and
specifications approved by City prior to construction and Developer has
supplied City with reproducible as-built drawings regarding the facilities.
3. In addition to serving properties owned by Developer at the outset of
construction, the facilities constructed will also serve the following
described parcels of real property, and any subdivisions of such parcels,
that did not contribute to the cost of the facilities construction, hereinafter
referred to in aggregate as the "Assessment Area", which is determined at
the sole discretion of the City, and which are identified and legally
described in Exhibit B.
4. As the facilities have been construction in accordance with City Codes and
Standards, applicant obtained all permits required by the City’s Codes and
Standards. The work is physically complete and inspected by the City as
required by the Public Works Director, or his designee. Developer agrees
to convey such facilities to City for the consideration and benefits of City.
Upon completion (issuance of Warranty Letter) the City will thereafter
own and operate said facilities subject to all of the laws and regulations,
fees and assessments of City.
5. City and Developer agree that Developer’s contributions to the total
project costs is shown in Exhibit A, which is allowed by statute to include
costs for the design, construction engineering, inspection, construction,
administrative, legal and other costs attributable to the project.
6. City and Developer agree that the City’s contributions to the total project
costs is or will be valued at $0, which includes costs for the design,
construction engineering, inspection, construction, administrative, legal
and other costs attributable to the project.
7. City and Developer agree that the Total Assessment that is attributed to
the Assessment Area is shown in Exhibit A. City and Developer agree that
Developer is entitled to a potential total reimbursement, less any collection
charges deducted by the City, of a maximum of total assessment as shown
in Exhibit A.
8. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan
approval for the utility system improvements was required.
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9. Execution of this Agreement is conditioned upon:
Inspection and approval of the utility system improvements by the City;
A. Full compliance with the Developer’s obligations under this
Agreement and with the City’s rules and regulations with respect to the
project described in Section 1.
B. The Developer shall pay all of the City’s costs associated with
processing this latecomer agreement including, but not limited to,
engineering costs as set forth in Chapter 3.35 PMC, and the actual
legal, recording, and administration costs.
C. City verification and approval of all contracts and costs related to the
utility system improvements; and
D. Within one hundred and twenty (120) days of the completion of the
utility system improvements, Developer must submit the total actual
cost of the utility system improvements to the City.
10. Developer agreements associated with street system improvements shall
be valid for a period not to exceed 15 years from the effective date of the
agreement; and developer agreements associated with utility system
improvements shall be valid for a period not to exceed 20 years from the
effective date of the agreement.
While a developer agreement is valid, any person, firm or corporation now
or hereafter owning benefitted properties described below, or segregated
parcels thereof, desiring to connect to the described facilities, shall first
pay their pro-rata share of the total cost of the facilities (“Total
Assessment”). For this project, the Total Assessment is shown in Exhibit
A. The individual Assessment associated with each parcel of benefited
property described in this Agreement shall be charged to the property
owner as shown in Exhibit A.
11. No person, firm or corporation shall be granted a permit or be authorized
by City to tap into or use the referenced facilities during the period of time
prescribed in Paragraph 10 above without first paying to City, in addition
to any and all other costs, assessments and charges made and assessed for
such tap or use, the amount required by the provisions of this contract.
12. The City shall deduct from all assessment reimbursement payments it
collects; an amount (collection charge) as designated in Pasco Municipal
Code (“PMC”) 3.35.180 to cover its administrative collection costs. After
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deduction of the collection charge, each reimbursement assessment
payment will be disbursed to the Developer according to the terms of this
Agreement. Any amounts so collected during the time period in
Paragraph 10 above by City and due to Developer, shall be remitted to
Developer or assigns within sixty (60) days of the receipt thereof, in
accordance with this Agreement.
13. Developer agrees to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any property
owner challenging the validity or enforceability of this Agreement. In
turn, the City agrees to cooperate with the Developer in the course of any
such claim, proceeding or action to provide reasonable and lawful access
to City records and witnesses.
14. Any funds collected by City and payable to Developer in accordance with
the terms of this contract shall be remitted to Developer at the following
address:
Address: Empire Bros Construction, LLC
PO BOX 5494
Kennewick, WA 99336
Phone: (509) 366-2252
15. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer
shall provide to the City in writing every two (2) years from the date this
Agreement was executed, information regarding the current contact name,
address, and telephone number of the person, company or partnership that
originally entered into the Agreement. If the Developer fails to comply
with the notification requirements within sixty (60) days of the specified
time, then City may collect any reimbursement funds owed to the
Developer under this Agreement, and such funds shall be deposited into
the capital expenditure account of the City’s utility fund.
16. If prior to the expiration of one (1) year after the date of conveyance of the
facilities by Developer to City (issuance of Warranty Letter), any work is
found to be defective, Developer shall promptly and without cost to City,
either correct such defective work or, if it has been rejected by City,
remove and replace it with non-defective work. If Developer does not
promptly comply with the terms of such instructions, City may have the
defective work corrected or the rejected work removed and replaced and
all direct and indirect costs of such removal and replacement, including
compensation for professional services, shall be withheld from the
reimbursement assessment payments that are due to Developer.
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17. Developer agrees that once the City has collected all amounts under this
Agreement, up to a maximum as shown in Exhibit A of this Agreement
and remitted such amount (less any collection charges) to Developer, that
City shall remit to Developer no further payments under this contract.
18. Developer hereunder is an independent contractor and is not an agent or
employee of City.
19. The contract must be recorded in the appropriate county auditor's office
within 30 days of its final execution.
20. 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 pursuant to RCW 7.04A, as amended, the Mandatory Rules of
Arbitration (MAR), with all parties waiving the right of a jury trial upon
de novo review, with the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF PASCO: DEVELOPER:
By: ________________________ By: ___________________________
Adam Lincoln, City Manager Hilario Zaragoza, Empire Bros
Construction, LLC
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
Kerr Ferguson Law, PLLC
City Attorney
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STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me ADAM LINCOLN, Interim City
Manager of the City of Pasco, Washington, described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 20__.
________________________________________
Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at _______________________________
My Commission Expires: ___________________
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me HILARIO ZARAGOZA, to be known
to be the individual described in and who executed the within and foregoing instrument
and acknowledged that he signed the same as his free and voluntary act and deed for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of _____________, 20__.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Print Name: _________________________________
Residing at: __________________________________
My Commission Expires: _______________________
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EXHIBIT A
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EXHIBIT B
DEVELOPERS PARCEL
Parent Parcel No.: 113883014 (RETIRED)
Legal Description: A PORTION OF THE SE ¼ OF THE SE ¼ SECTION 28,
TOWNSHIP 09 NORTH, RANGE 30 EAST, W.M., CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON. ALL OF BLOCK 2, 3, AND 4, WASHINGTON
ADDITION TO PASCO, ACCORDING TO THE PLAT THREOF, RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH PORTIONS OF VACATED ROADS AND
ALLEYS BY ORDINANCE NO. 4491, RECORDED UNDER AUDITORS FILE NO.
1914537.
Child Parcel No.: 113883051
Legal Description: LOT 1, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883052
Legal Description: LOT 2, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883053
Legal Description: LOT 3, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883054
Legal Description: LOT 4, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883055
Legal Description: LOT 5, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Child Parcel No.: 113883056
Legal Description: LOT 6, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883057
Legal Description: LOT 7, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883058
Legal Description: LOT 8, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883059
Legal Description: LOT 9, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883060
Legal Description: LOT 10, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883061
Legal Description: LOT 11, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883062
Legal Description: LOT 12, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883063
Legal Description: LOT 13, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883064
Legal Description: LOT 14, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Child Parcel No.: 113883065
Legal Description: LOT 15, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883066
Legal Description: LOT 16, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883067
Legal Description: LOT 17, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883068
Legal Description: LOT 18, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883069
Legal Description: LOT 19, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883070
Legal Description: LOT 20, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883071
Legal Description: LOT 21, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883072
Legal Description: LOT 22, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Child Parcel No.: 113883073
Legal Description: LOT 23, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883074
Legal Description: LOT 24, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883075
Legal Description: LOT 25, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883076
Legal Description: LOT 26, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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BENEFITTING PARCELS
Parcel No.: 113884012
Legal Description: WASHINGTON EDITION, LOTS 20 TO 22, BLOCK 1.
Parcel No.: 113884058
Legal Description: LOTS 12-19, BLOCK 1, WASHINGTON ADDITION TO PASCO,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Parcel No.: 113883022
Legal Description: ALL OF BLOCK 7, WASHINGTON ADDITION TO PASCO,
ACCORDING TO PLAT THEREOF RECORDED IN VOLUME “B” OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS PER ORD ADJ #3996
Parcel No.: 113882103 (RETIRED)
Legal Description: LOTS 1 THROUGH 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN1973865
Child Parcel No.: 113882104 (RETIRED)
Legal Description: LOTS 1 THROUGH 3, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS
ORD-4648 AFN 1973865 (PARCEL A OF RS-1978329)
BLA New Parcel No.: 113882107
Legal Description: LOTS 1 THROUGH 3, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THE SOUTH 6.41 FEET OF LOT 3, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865
(PARCEL A OF RS-1978329)
Child Parcel No.: 113882105 (RETIRED)
Legal Description: LOTS 4 THROUGH 6, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS
ORD-4648 AFN 1973865 (PARCEL B OF RS-1978329)
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BLA New Parcel No.: 113882108
Legal Description: LOTS 4 THROUGH 6, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THE SOUTH 10.67 FEET OF LOT 6, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865
(PARCEL B OF RS-1978329)
Child Parcel No.: 113882106 (RETIRED)
Legal Description: LOTS 7 AND 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH VACATED STREETS AND ALLEYS ORD-4648 AFN
1973865 (PARCEL C OF RS-1978329)
BLA New Parcel No.: 113882109
Legal Description: LOTS 7 AND 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH THE SOUTH 10.67 FEET OF LOT 6, BLOCK 6, AND
VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865 (PARCEL C
OF RS-1978329)
Parcel No.: 113882096
Legal Description: LOTS 25 THROUGH 32, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN1973865
Parcel No.: 113881024
Legal Description: TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M. RECORDS OF
FRANKLIN COUNTY, WASHINGTON, BLOCK 5, WASHINGTON ADDITION TO
PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, SECTION 28, TOGETHER WITH VACATED STREETS AND
ALLEYS ORD 4646 AFN1973182
Parcel No.: 113870143
Legal Description: THE SOUTH HALF OF THE NORTHESE QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30
EAST, W.M, FRANKLIN COUNTY, WASHINGTON, LESS EASEMENT.
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Empire Estates Sewer - 14
Parcel No.: 113882112
Legal Description: LOTS 9 THROUGH 16, INCLUSIVE, IN BLOCK 6 OF
WASHINGTON ADDITION, AS PER THE PLAT THEREOF RECORDED IN
VOLUME “B” OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, STATE
OF WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS ORD-
4648 AFN1973865
Parcel No.: 113882041 (RETIRED)
Legal Description: WEST HALF OF LOTS 1 TO 16, BLOCK 11, WASHINGTON
ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS PER
ORD4646 AFN-1973182
Child Parcel No.: 113882042
Legal Description: ALL OF BLOCKS 11 & 12 WASHINGTON ADDITION
TOGETHER WITH VACATED STREETS AND ALLEYS ADJ PER ORD
4646-1973182
Parcel No.: 113883031
Legal Description: LOTS 1 - 24 AND LOTS 27 - 32, BLOCK 10, WASHINGTON
ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS ADJ PER
ORD-3996
Parcel No.: 113883040
Legal Description: LOTS 25 & 26, BLOCK 10, WASHINGTON ADDITION TO
PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH VACATED STREETS AND ALLEYS ADJ PER ORD-3996
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Resolution - Roads DRA - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
DEVELOPER REIMBURSEMENT AGREEMENT WITH EMPIRE BROS
CONSTRUCTION, LLC FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS FOR EMPIRE ESTATES.
WHEREAS, RCW 35.72 and Section 14.25 of the Pasco Municipal Code (PMC) provides
a statutory framework for developers to enter into Developer Reimbursement Agreements when
the developer, as a condition of development, pays the costs of necessary infrastructure
improvements; and
WHEREAS, Empire Bros Construction, LLC has submitted a complete and accurate
application for a Developer Reimbursement Agreement; and
WHEREAS, Section 14.25.030(4) of the PMC requires the Public Works Director, within
28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the
developer whether the application is complete or needs to be supplemented or amended within 30
days of such notice unless extended within the Public Works Director’s discretion; and
WHEREAS, the City of Pasco (City) shall provide notice of its intent to participate in any
Developer Reimbursement Agreement to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the developer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice, before City Council action; and
WHEREAS, the City received in writing a request for a hearing before City Council to
contest the preliminary assessment reimbursement area and preliminary assessment within 20 days
of mailing the preliminary assessment notices; and
WHEREAS, the City Council held a hearing on July 17, 2023, and established the
preliminary assessment reimbursement and preliminary assessment; and
WHEREAS, the City Council has determined that the above procedural requirements of
Section 14.25 of the PMC have been met; and
WHEREAS, street improvements include infrastructure projects related to the City’s
transportation system which can include asphalt pavement, concrete curb and gutter, stormwater
infrastructure, streetlights, traffic signals, signage, striping, landscape strips, sidewalks, and mixed
use paths which are required to be constructed as a prerequisite of continued development; and
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Resolution - Roads DRA - 2
WHEREAS, Developer Reimbursement Agreements requested by developers may be
entered into by the City of Pasco pursuant to Section 14.25.030(2) of the PMC once the
prerequisites of Section 14.25 of the PMC have been met; and
WHEREAS, Developer Reimbursement Agreements shall meet the development criteria
as detailed in Section 14.25.030(2)(b) of the PMC; and
WHEREAS, Empire Bros Construction, LLC agrees to payment of project costs, including
legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the Developer Reimbursement
Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager is authorized to make minor substantive
changes to the Developer Reimbursement Agreement. as needed.
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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Developer Reimbursement Agreement
Empire Estates Street - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Developers Tax Parcel No.: 113883014 (RETIRED)
Abbreviated Legal Description: WASHINGTON ADDITION BLOCK 2, 3 & 4 TOGETHER
WITH VACATED STREETS AND ALLEY PER ORD-4491
Additional Parcels and Full Legal Descriptions attached hereto as Exhibit B
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of___________,
2023, by and between the City of Pasco, a Municipal Corporation of the State of
Washington, hereinafter referred to as “City”, and Empire Bros Construction, LLC, their
successors and assigns, hereinafter referred to as “Developer”; and
WHEREAS, RCW Chapter 35.72 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality’s corporate limits or
within ten (10) miles of the municipality’s corporate limits, who construct utility facilities
to serve their own properties and other properties, whereby such owners and
municipalities may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer has constructed the following described extension of City’s
facilities:
Approximately 2125 linear feet of street improvements around the
developer’s parcel.
2. The improvements have been constructed in accordance with plans and
specifications approved by City prior to construction and Developer has
supplied City with reproducible as-built drawings regarding the facilities.
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Developer Reimbursement Agreement
Empire Estates Street - 2
3. In addition to serving properties owned by Developer at the outset of
construction, the facilities constructed will also serve the following
described parcels of real property, and any subdivisions of such parcels,
that did not contribute to the cost of the facilities construction, hereinafter
referred to in aggregate as the "Assessment Area", which is determined at
the sole discretion of the City, and which are identified and legally
described in Exhibit B.
4. As the facilities have been construction in accordance with City Codes and
Standards, applicant obtained all permits required by the City’s Codes and
Standards. The work is physically complete and inspected by the City as
required by the Public Works Director, or his designee. Developer agrees
to convey such facilities to City for the consideration and benefits of City.
Upon completion (issuance of Warranty Letter) the City will thereafter
own and operate said facilities subject to all of the laws and regulations,
fees and assessments of City.
5. City and Developer agree that Developer’s contributions to the total
project costs is shown in Exhibit A, which is allowed by statute to include
costs for the design, construction engineering, inspection, construction,
administrative, legal and other costs attributable to the project.
6. City and Developer agree that the City’s contributions to the total project
costs is or will be valued at $0, which includes costs for the design,
construction engineering, inspection, construction, administrative, legal
and other costs attributable to the project.
7. City and Developer agree that the Total Assessment that is attributed to
the Assessment Area is shown in Exhibit A. City and Developer agree that
Developer is entitled to a potential total reimbursement, less any collection
charges deducted by the City, of a maximum of total assessment as shown
in Exhibit A.
8. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan
approval for the utility system improvements was required.
9. Execution of this Agreement is conditioned upon:
Inspection and approval of the utility system improvements by the City;
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Developer Reimbursement Agreement
Empire Estates Street - 3
A. Full compliance with the Developer’s obligations under this
Agreement and with the City’s rules and regulations with respect to the
project described in Section 1.
B. The Developer shall pay all of the City’s costs associated with
processing this latecomer agreement including, but not limited to,
engineering costs as set forth in Chapter 3.35 PMC, and the actual
legal, recording, and administration costs.
C. City verification and approval of all contracts and costs related to the
utility system improvements; and
D. Within one hundred and twenty (120) days of the completion of the
utility system improvements, Developer must submit the total actual
cost of the utility system improvements to the City.
10. Developer agreements associated with street system improvements shall
be valid for a period not to exceed 15 years from the effective date of the
agreement; and developer agreements associated with utility system
improvements shall be valid for a period not to exceed 20 years from the
effective date of the agreement.
While a developer agreement is valid, any person, firm or corporation now
or hereafter owning benefitted properties described below, or segregated
parcels thereof, desiring to connect to the described facilities, shall first
pay their pro-rata share of the total cost of the facilities (“Total
Assessment”). For this project, the Total Assessment is shown in Exhibit
A. The individual Assessment associated with each parcel of benefited
property described in this Agreement shall be charged to the property
owner as shown in Exhibit A.
11. No person, firm or corporation shall be granted a permit or be authorized
by City to tap into or use the referenced facilities during the period of time
prescribed in Paragraph 10 above without first paying to City, in addition
to any and all other costs, assessments and charges made and assessed for
such tap or use, the amount required by the provisions of this contract.
12. The City shall deduct from all assessment reimbursement payments it
collects; an amount (collection charge) as designated in Pasco Municipal
Code (“PMC”) 3.35.180 to cover its administrative collection costs. After
deduction of the collection charge, each reimbursement assessment
payment will be disbursed to the Developer according to the terms of this
Agreement. Any amounts so collected during the time period in
Paragraph 10 above by City and due to Developer, shall be remitted to
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Developer Reimbursement Agreement
Empire Estates Street - 4
Developer or assigns within sixty (60) days of the receipt thereof, in
accordance with this Agreement.
13. Developer agrees to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any property
owner challenging the validity or enforceability of this Agreement. In
turn, the City agrees to cooperate with the Developer in the course of any
such claim, proceeding or action to provide reasonable and lawful access
to City records and witnesses.
14. Any funds collected by City and payable to Developer in accordance with
the terms of this contract shall be remitted to Developer at the following
address:
Address: Empire Bros Construction, LLC
PO BOX 5494
Kennewick, WA 99336
Phone: (509) 366-2252
15. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer
shall provide to the City in writing every two (2) years from the date this
Agreement was executed, information regarding the current contact name,
address, and telephone number of the person, company or partnership that
originally entered into the Agreement. If the Developer fails to comply
with the notification requirements within sixty (60) days of the specified
time, then City may collect any reimbursement funds owed to the
Developer under this Agreement, and such funds shall be deposited into
the capital expenditure account of the City’s utility fund.
16. If prior to the expiration of one (1) year after the date of conveyance of the
facilities by Developer to City (issuance of Warranty Letter), any work is
found to be defective, Developer shall promptly and without cost to City,
either correct such defective work or, if it has been rejected by City,
remove and replace it with non-defective work. If Developer does not
promptly comply with the terms of such instructions, City may have the
defective work corrected or the rejected work removed and replaced and
all direct and indirect costs of such removal and replacement, including
compensation for professional services, shall be withheld from the
reimbursement assessment payments that are due to Developer.
17. Developer agrees that once the City has collected all amounts under this
Agreement, up to a maximum as shown in Exhibit A of this Agreement
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Developer Reimbursement Agreement
Empire Estates Street - 5
and remitted such amount (less any collection charges) to Developer, that
City shall remit to Developer no further payments under this contract.
18. Developer hereunder is an independent contractor and is not an agent or
employee of City.
19. The contract must be recorded in the appropriate county auditor's office
within 30 days of its final execution.
20. 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 pursuant to RCW 7.04A, as amended, the Mandatory Rules of
Arbitration (MAR), with all parties waiving the right of a jury trial upon
de novo review, with the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF PASCO: DEVELOPER:
By: ________________________ By: ___________________________
Adam Lincoln, City Manager Hilario Zaragoza, Empire Bros
Construction, LLC
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
________________________________
Kerr Ferguson Law, PLLC
City Attorney
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Developer Reimbursement Agreement
Empire Estates Street - 7
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me ADAM LINCOLN, Interim City
Manager of the City of Pasco, Washington, described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 20__.
________________________________________
Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at _______________________________
My Commission Expires: ___________________
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me HILARIO ZARAGOZA, to be known
to be the individual described in and who executed the within and foregoing instrument
and acknowledged that he signed the same as his free and voluntary act and deed for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of _____________, 20__.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Print Name: _________________________________
Residing at: __________________________________
My Commission Expires: _______________________
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Developer Reimbursement Agreement
Empire Estates Street - 8
EXHIBIT A
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Developer Reimbursement Agreement
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EXHIBIT B
DEVELOPERS PARCEL
Parcel No.: 113883014 (RETIRED)
Legal Description: A PORTION OF THE SE ¼ OF THE SE ¼ SECTION 28,
TOWNSHIP 09 NORTH, RANGE 30 EAST, W.M., CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON. ALL OF BLOCK 2, 3, AND 4, WASHINGTON
ADDITION TO PASCO, ACCORDING TO THE PLAT THREOF, RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH PORTIONS OF VACATED ROADS AND
ALLEYS BY ORDINANCE NO. 4491, RECORDED UNDER AUDITORS FILE NO.
1914537.
Child Parcel No.: 113883051
Legal Description: LOT 1, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883052
Legal Description: LOT 2, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883053
Legal Description: LOT 3, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883054
Legal Description: LOT 4, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883055
Legal Description: LOT 5, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Child Parcel No.: 113883056
Legal Description: LOT 6, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883057
Legal Description: LOT 7, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883058
Legal Description: LOT 8, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883059
Legal Description: LOT 9, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883060
Legal Description: LOT 10, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883061
Legal Description: LOT 11, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883062
Legal Description: LOT 12, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883063
Legal Description: LOT 13, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883064
Legal Description: LOT 14, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Child Parcel No.: 113883065
Legal Description: LOT 15, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883066
Legal Description: LOT 16, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883067
Legal Description: LOT 17, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883068
Legal Description: LOT 18, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883069
Legal Description: LOT 19, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883070
Legal Description: LOT 20, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883071
Legal Description: LOT 21, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883072
Legal Description: LOT 22, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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Child Parcel No.: 113883073
Legal Description: LOT 23, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883074
Legal Description: LOT 24, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883075
Legal Description: LOT 25, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Child Parcel No.: 113883076
Legal Description: LOT 26, EMPIRE ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME D OF PLATS, PAGE 669 AND 670,
RECORDS OF FRANKLIN COUNTY, WASHINGTON.
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BENEFITTING PARCELS
Parcel No.: 113884012
Legal Description: WASHINGTON EDITION, LOTS 20 TO 22, BLOCK 1.
Parcel No.: 113884058
Legal Description: LOTS 12-19, BLOCK 1, WASHINGTON ADDITION TO PASCO,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON.
Parcel No.: 113883022
Legal Description: ALL OF BLOCK 7, WASHINGTON ADDITION TO PASCO,
ACCORDING TO PLAT THEREOF RECORDED IN VOLUME “B” OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS PER ORD ADJ #3996
Parcel No.: 113882103 (RETIRED)
Legal Description: LOTS 1 THROUGH 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN1973865
Child Parcel No.: 113882104113882104 (RETIRED)
Legal Description: LOTS 1 THROUGH 3, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS
ORD-4648 AFN 1973865 (PARCEL A OF RS-1978329)
BLA New Parcel No.: 113882107
Legal Description: LOTS 1 THROUGH 3, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THE SOUTH 6.41 FEET OF LOT 3, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865
(PARCEL A OF RS-1978329)
Child Parcel No.: 113882105(RETIRED)
Legal Description: LOTS 4 THROUGH 6, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH VACATED STREETS AND ALLEYS
ORD-4648 AFN 1973865 (PARCEL B OF RS-1978329)
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BLA New Parcel No.: 113882108
Legal Description: LOTS 4 THROUGH 6, BLOCK 6, WASHINGTON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THE SOUTH 10.67 FEET OF LOT 6, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865
(PARCEL B OF RS-1978329)
Child Parcel No.: 113882106 (RETIRED)
Legal Description: LOTS 7 AND 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH VACATED STREETS AND ALLEYS ORD-4648 AFN
1973865 (PARCEL C OF RS-1978329)
BLA New Parcel No.: 113882109
Legal Description: LOTS 7 AND 8, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
TOGETHER WITH THE SOUTH 10.67 FEET OF LOT 6, BLOCK 6, AND
VACATED STREETS AND ALLEYS ORD-4648 AFN 1973865 (PARCEL C
OF RS-1978329)
Parcel No.: 113882096
Legal Description: LOTS 25 THROUGH 32, BLOCK 6, WASHINGTON ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER
WITH VACATED STREETS AND ALLEYS ORD-4648 AFN1973865
Parcel No.: 113881024
Legal Description: TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M. RECORDS OF
FRANKLIN COUNTY, WASHINGTON, BLOCK 5, WASHINGTON ADDITION TO
PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, SECTION 28, TOGETHER WITH VACATED STREETS AND
ALLEYS PER ORD 4646
Parcel No.: 113870143
Legal Description: THE SOUTH HALF OF THE NORTHESE QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30
EAST, W.M, FRANKLIN COUNTY, WASHINGTON, LESS EASEMENT.
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Exhibit A
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Improvement8" SewerTotal Estimated Cost of Improvement$205,920.00Parcel #, Owner Parcel Frontage [FT]Original Parcel Frontage [FT]Allocation of Cost [%] = [(Individual Parcel Frontage [FT])/(Total Parcel Frontage [FT])]Original Cost [%]Allocation of Cost [$] = (Allocation of Cost [%])*(Total Estimate)Original Allocation of Cost [$]Difference in cost [$]113883014 (RETIRED), EMPIRE BROS CONSTRUCTION, LLC (DEVELOPER) 1837.670.0033.3596%0.0000%$68,694.09$0.00($68,694.09)113884012, BEULAH HENRY 60.060.01.0892%2.0318%$2,242.88$4,183.88$1,941.00113884058, RALPH E & CHERYL BROETJE 200.0200.03.6306%6.7728%$7,476.13$13,946.55$6,470.42113883022, RALPH E & CHERYL BROETJE 769.0299.013.9598%10.1253%$28,746.02$20,850.02($7,896.00)113882103, EMPIRE BROS CONSTRUCTION, LLC 318.0118.05.7727%3.9959%$11,887.14$8,228.36($3,658.78)113882096, JOSE GONZALEZ ALMARAZ (ETAL) 118.0118.02.1421%3.9959%$4,411.01$8,228.36$3,817.35113881024, BROETJE ORCHARDS LLC 236.0236.04.2842%7.9919%$8,822.02$16,456.92$7,634.90113870143, MENDOZA INVESTMENT PROPERTIES LLC 910.0862.016.5194%29.1907%$34,016.75$60,109.49$26,092.74113882112, EUSTOLIA T GONZALEZ (ETAL) 200.0200.03.6306%6.7728%$7,476.13$13,946.55$6,470.42113882041, JUBILEE FOUNDATION 400.0400.07.2613%13.5455%$14,952.47$27,892.89$12,940.42113883031, RALPH E & CHERYL BROETJE 410.0410.07.4428%13.8842%$15,326.21$28,590.34$13,264.13113883040, RALPH E & CHERYL BROETJE 50.050.00.9077%1.6932%$1,869.14$3,486.64$1,617.50TOTALS 5508.672953.0100.0000%100%$205,919.99$205,920.00$0.01Improvement8" WaterTotal Estimated Cost of Improvement$239,016.00Parcel #, Owner Parcel Frontage [FT]Original Parcel Frontage [FT]Allocation of Cost [%] = [(Individual Parcel Frontage [FT])/(Total Parcel Frontage [FT])]Original Cost [%]Allocation of Cost [$] = (Allocation of Cost [%])*(Total Estimate)Original Allocation of Cost [$]Difference in cost [$]113883014 (RETIRED), EMPIRE BROS CONSTRUCTION, LLC (DEVELOPER) 1837.670.0048.6327%0.0000%$116,239.93$0.00($116,239.93)113884012, BEULAH HENRY 60.0060.001.5879%3.1696%$3,795.34$7,575.85$3,780.51113884058, RALPH E & CHERYL BROETJE 200.00200.005.2929%10.5652%$12,650.88$25,252.52$12,601.64113883022, RALPH E & CHERYL BROETJE 299.00299.007.9128%15.7950%$18,912.86$37,752.58$18,839.72113882103, EMPIRE BROS CONSTRUCTION, LLC 118.00118.003.1228%6.2335%$7,463.99$14,899.06$7,435.07113882096, JOSE GONZALEZ ALMARAZ (ETAL) 118.00118.003.1228%6.2335%$7,463.99$14,899.06$7,435.07113881024, BROETJE ORCHARDS LLC 236.00236.006.2456%12.4670%$14,927.98$29,798.12$14,870.14113870143, MENDOZA INVESTMENT PROPERTIES LLC 910.00862.0024.0825%45.5362%$57,561.03$108,838.80$51,277.77TOTALS 3778.671893.00100.0000%100.0000%$239,016.00$239,015.99($0.01)ImprovementStreet ImprovementsTotal Estimated Cost of Improvement$250,785.00Parcel #, Owner Parcel Frontage [FT]Original Parcel Frontage [FT]Allocation of Cost [%] = [(Individual Parcel Frontage [FT])/(Total Parcel Frontage [FT])]Original Cost [%]Allocation of Cost [$] = (Allocation of Cost [%])*(Total Estimate)Original Allocation of Cost [$]Difference in cost [$]113883014 (RETIRED), EMPIRE BROS CONSTRUCTION, LLC (DEVELOPER) 1837.670.0048.6327%0.0000%$121,963.52$0.00($121,963.52)113884012, BEULAH HENRY 60.0060.001.5879%3.1696%$3,982.22$7,948.88$3,966.66113884058, RALPH E & CHERYL BROETJE 200.00200.005.2929%10.5652%$13,273.80$26,495.94$13,222.14113883022, RALPH E & CHERYL BROETJE 299.00299.007.9128%15.7950%$19,844.12$39,611.49$19,767.37113882103, EMPIRE BROS CONSTRUCTION, LLC 118.00118.003.1228%6.2335%$7,831.51$15,632.68$7,801.17113882096, JOSE GONZALEZ ALMARAZ (ETAL) 118.00118.003.1228%6.2335%$7,831.51$15,632.68$7,801.17113881024, BROETJE ORCHARDS LLC 236.00236.006.2456%12.4670%$15,663.03$31,265.37$15,602.34113870143, MENDOZA INVESTMENT PROPERTIES LLC 910.00862.0024.0825%45.5362%$60,395.30$114,197.96$53,802.66TOTALS 3778.671893.00100.0000%100.0000%$250,785.01$250,785.00($0.01)Benefit AreaBenefit AreaBenefit AreaEmpire EstatesEmpire EstatesEmpire EstatesEmpire Estates Latecomer's AgreementEmpire Estates Latecomer's AgreementEmpire Estates Latecomer's AgreementPage 302 of 325
Exhibit B
Page 303 of 325
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Page 81 of 273Page 306 of 325
AGENDA REPORT
FOR:City Council October 11, 2023
TO:Adam Lincoln, City Manager City Council Regular
Meeting: 10/16/23
FROM:Kevin Crowley, Fire Chief
Fire Department
SUBJECT:Behavioral Health Update in Benton & Franklin Counties
I.REFERENCE(S):
Power Point Presentation - Behavioral Health Update
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Fire Chief Kevin Crowley
III.FISCAL IMPACT:
N/A
IV.HISTORY AND FACTS BRIEF:
The BHAC was established on March 1, 2022, by joint Resolution of the
Boards of County Commissioners of Benton and Franklin Counties (Resolution
Nos. 2022‐147 and 2022‐043 respectively) after the implementation of the
Mental Health Sales Tax (.01% of sales tax).
of Boards Counties Franklin Benton and serves jointly BHAC The the
Commissioners by being an independent voice representing the citizens of
Benton and Franklin Counties in the following ways:
Provide objective views on existing and emerging behavioral health
issues
Advise the Boards on recommended actions to improve behavioral
health services in the community
Implement or advocate for Board approved actions
The BHAC is not an independent body. BHAC members act at the direction of,
and of Boards Counties Franklin and for the of, benefit the Benton
Commissioners.
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The BHAC advises the Benton and Franklin County Commissioners and is
currently working on the following projects:
Recovery Center
Sobering Center
Field Response Team
V.DISCUSSION:
Fire Chief Crowley will provide an update and overview of the Mental Health
Sales Tax, actions taken to date and what the City of Pasco is currently doing
related to behavior health endeavors.
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Pasco City Council Meeting
October 16, 2023Page 309 of 325
Behavioral Health Update
Presentation Topics
•Chemical Dependency and Mental Health Sale Tax
•Behavioral Health Advisory Committee (BHAC)
•Current Projects
•City of Pasco ResourcesPage 310 of 325
Chemical Dependency & Mental Health
Sales Tax
Overview
•The 0.1% sales tax was implemented in 2022, as authorized under RCW 82.14.460
•Franklin County: took effect on April 1, 2022
•Benton County: took effect on July 1, 2022
•Revenues can be used for programs, services and capital expenses
•Capital expenses were approved at the legislative level and took effect in July 2023
•Amount Collected:
•Benton County: $6,500,000
•Franklin County: $3,712,603Page 311 of 325
Behavioral Health Advisory Committee
Overview
•Created on March 1, 2022
•Provides equal representation for Benton and Franklin Counties
•Consists of:
•17 Voting Members
•3-year term
•Appointed by the Board of County Commissioners
•7 Non-voting members
•Provide technical information to the voting members
•Meet on the 2nd Thursday of each month at 2:00 pm
•Public meeting at the Benton County Administration BuildingPage 312 of 325
Behavioral Health Advisory Committee
Voting Members
•One from each County:
•Law Enforcement
•Fire Department or EMS
•Hospitals
•Mental Health Experts
•Substance Use Disorder Experts
•Person with Lived Experience (+1 nominated by the Committee and appointed by the
Commissioners)
•Members of the Public (2 from each county)Page 313 of 325
Behavioral Health Advisory Committee
Non-voting Members
•One representing each category:
•Benton County Administration
•Franklin County Administration
•Benton County Human Services
•Benton-Franklin Health District
•Benton-Franklin Adult and Juvenile Drug Court
•Benton County Therapeutic Courts
•Benton-Franklin Recovery CoalitionPage 314 of 325
Behavioral Health Advisory Committee
Roles of the Committee
•To gather community input and advise the Benton and Franklin Board of County Commissioners
on the disbursement of the revenues generated by the 0.1% Behavioral Health Sales Tax
•Provide perspective on the need and effectiveness of behavioral health services in the region
•Make recommendations on contracts to provide behavioral health servicesPage 315 of 325
Current Projects
Key Priorities
•Recovery Center Facilities
•Auburn Facility: 900 S Auburn Street, Kennewick
•Bruneau Facility: 10 E Bruneau Avenue, Kennewick
•Sobering Center
•Field Response TeamPage 316 of 325
Current Projects
Recovery Center
Recommended name change to the Columbia Valley Center for Recovery (CVCR)
•Bruneau Facility:
•Crisis Stabilization Unit
•Crisis Relief Center (Less than 24-hour restriction)
•Secure Withdrawal Management (aka detox)
•Provide “No Wrong Door” service
•Voluntary or involuntary (PD or EMS)
•Through a court order, individuals could stay up to 90 days
•Auburn Facility:
•Residential Treatment Center for substance use disorders (SUD)
•Betty Ford Clinic
•After withdrawal management, receive treatment (typically 30 days), then outpatientPage 317 of 325
Current Projects
Recovery Center
•Benton County purchased the Auburn site from LifePoint Health
•Benton County Purchased the Bruneau site from a private party
•Benton County currently working on a design for the recovery center facilities
•Projected to be completed in mid to late 2025
•Working with Comprehensive Healthcare to finalize a contract to operate the facilitiesPage 318 of 325
Current Projects
Sobering Center
•Would be a 23-hour facility
•The following organization submitted a Request for Proposal (RFP):
•Lourdes Health
•Potential Locations:
•Auxiliary Building on the Auburn campus (Kennewick)
•Would serve as a bridge to the Recovery Center
•Fourth Avenue and Margaret Street (Pasco)
•Would serve as a stand-alone facilityPage 319 of 325
Current Projects
Field Response Team
•To provide assistance and relief to first responders for non-emergent requests related to
behavioral health, alcohol, and substance abuse issues
•Work closely with behavioral health facilities, hospitals and other care providers as part of the
patient care continuum
•The team would consist of:
•Three (3) peer counselors
•Three (3) behavioral health clinicians
•The Request for Proposal is currently being finalizedPage 320 of 325
City of Pasco Resources
Resources
•Resource Navigators
•Contracted through Consistent Cares
•Funded through the Fire Department Budget
•Scope of Work is ongoing
•Behavioral Health Clinician
•Contracted through Awareness Consulting & Training (ACT)
•Funded through the American Rescue Plan Act (ARPA)
•Scope of work is through 2026
•Community Resource Coordinator
•Through the Municipal CourtPage 321 of 325
Behavioral Health Update
Questions?Page 322 of 325
Pasco City Council Meeting
October 16, 2023Page 323 of 325
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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