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HomeMy WebLinkAbout2025.01.13 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, January 13, 2025 Pasco City Hall, Council Chambers & Microsoft Teams Webinar 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 workshop. The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call 1-332-249-0718 and use access code 282970916#. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 3 - 29 (a) Ordinance - Amending PMC Title 25 Zoning Related to Overnight Truck Habitation (10 minutes) 30 - 59 (b) Resolution - Northwest Code Professionals Personal Services Agreement for Plan Review and Inspection Services (5 minutes) Page 1 of 138 60 - 72 (c) Resolution - Bid Award for Broadmoor Area Tax Increment Financing Improvements - Sandifur Pkwy/Broadmoor Blvd Intersection Improvements Project (5 minutes) 73 - 80 (d) Resolution - Project Acceptance for the Burns Road Restriping Project (5 minutes) 81 - 89 (e) Resolution - Project Acceptance for Oregon Ave Overlay Project (5 minutes) 90 - 136 (f) Resolution - Change Order No. 12 for the West Pasco Water Treatment Plant Phase 2 (5 minutes) 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 137 - 138 (a) Adopted Council Goals (Reference Only) (b) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 138 AGENDA REPORT FOR: City Council January 8, 2025 TO: Adam Lincoln, City Manager City Council Regular Meeting: 1/13/25 FROM: Jacob Gonzalez, Land Use & Planning Advisor Community & Economic Development SUBJECT: Ordinance - Amending PMC Title 25 Zoning Related to Overnight Truck Habitation (10 minutes) I. ATTACHMENT(S): Draft Ordinance Amending PMC Title 25 to allow for Overnight Truck Habitation (Revised) with comments Draft Ordinance without comments Commercial & Industrial Truck Routes Availability Map Residential and MU Truck Routes Availability Map Exhibit A - Truck Parking Code Letter Comments Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City of Pasco received a request from B4 Development and Consulting (B4) to initiate a text amendment to Title 25 Zoning of the Pasco Municipal Code (PMC), to accommodate overnight truck habitation. This proposed use is distinct from other uses in the PMC, such as off-street parking lots and truck stops. This request entails establishing designated areas for drivers to sleep or reside in their trucks overnight as a site’s primary use, a matter not currently addressed by the existing PMC. The movement of freight has rapidly increased over the past several years, but facilities to support freight operators such as truck drivers, has not kept pace. Page 3 of 138 The Planning Commission acknowledged the importance of amending the PMC to support freight operators in such a way that the local economy, as well as the residents of Pasco are supported. The draft Ordinance (Exhibit A) was crafted by the Planning Commission over several meetings (February 15, April 18, July 18, and August 15, 2024) and two public hearings (May 16, and September 9, 2024) this past year. The draft Ordinance was recommended to the City Council by the Planning Commission at the September 9, 2024 public hearing. Staff presented the draft ordinance as well as the applicants desired ordinance to Council on October 28. Council asked staff to provide additional perspectives and options for consideration. A presentation was given to City Council on December 2, 2024. Staff highlighted several discussion points from the October 28, 2024, meeting, including the location of sites, infrastructure development standards, and on- site operations and management. Staff also presented new maps illustrating the proposed buffering distance alternatives requested by City Council. V. DISCUSSION: Staff has prepared an update to the draft ordinance for City Council review and discussion. Notable changes to the draft have been specified below:  C-3 (General Business District) added to PMC 25.163.030  Buffer distanced reduced to 500 feet in PMC 25.163.040(a)  I-182 Overlay District added as a prohibited district, in PMC 25.163.040(b)  Allowance of gravel surfacing in PMC 25.163.040(4)  Maximum stay reduced to 48 hours in a 72-hour period in PMC 25.163.040(6)  On-site management removed from PMC 25.163.040(7)  On-site waste collection/garbage requirements removed from PMC 25.163.040(10)  Landscaping requirements removed from PMC 25.163.040(12) Public Comments: City staff received additional comments on the draft ordinance following the December City Council Meeting. The comments (received via email on December 9, 2024) outlined concerns on draft standards such as gate setback standards, parking lot dimensions, and buffer zones. Proposal Considerations: The proposed amendment seeks to balance support for freight operations with the reduce compatibility conflicts with adjacent properties. Key considerations include minimizing conflicts with residential areas while providing adequate space for this use, determining which existing infrastructure standards should Page 4 of 138 apply or be modified for overnight truck parking facilities, and establishing operational requirements to ensure neighborhood safety and appropriate use of the facilities. Following the meeting, staff will prepare an updated ordinance for City Council review and determination. Page 5 of 138 Ordinance – Amending PMC Title 25 - Zoning - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE TITLE 25 “ZONING,” TO ALLOW FOR OVERNIGHT TRUCK PARKING AND HABITATION AND CREATING A NEW CHAPTER 25.163 “OVERNIGHT TRUCK PARKING AND HABITATION.” WHEREAS, freight truck parking shortages are a national concern affecting the safety of commercial motor vehicle drivers and other roadway users as well as the efficiency of U.S. supply chains; and WHEREAS, the need for safe freight truck parking has been identified by the United Stated Department of Transportation, the Federal Highway Administration, and Washington State Department of Transportation especially during the hours of 7:00 p.m. to 5:00 a.m.; and WHEREAS, overnight truck habitation (residing in a parked truck overnight) is not explicitly defined within the Pasco Municipal Code; and WHEREAS, this code amendment is intended to define overnight truck parking and habitation as a use within the Pasco Municipal Code. This involves specifying the zoning districts where this use would be permitted and establishing regulations regarding said use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 25.15.170 of the Pasco Municipal Code (PMC) entitled “O definitions” is hereby amended and shall read as follows: 25.15.170 O DEFINITIONS. “Open space” means an unoccupied space open to the sky on the same lot with a building. Outdoor Storage. See definition under PMC 25.180.030. Overnight Truck Parking and Habitation. See definition under PMC 25.163.020. Section 2. That Title 25 of the PMC entitled “Zoning” is hereby amended and shall read as follows: Page 6 of 138 Ordinance – Amending PMC Title 25 - Zoning - 2 TITLE 25 ZONING Chapters: 25.05 Title – Purpose 25.10 Interpretation and Enforcement 25.15 Definitions 25.20 Zoning Districts Established – Zoning Map 25.22 Zone District Standards 25.25 R-T Residential Transition District 25.30 R-S-20 Suburban District 25.35 R-S-12 Suburban District 25.40 R-S-1 Suburban District 25.45 R-1 Low Density Residential District 25.50 R-1-A Low Density Residential Alternate District 25.55 R-1-A2 Low Density Residential Alternate District 25.60 R-2 Medium Density Residential District 25.65 R-3 Medium Density Residential District 25.70 R-4 High Density Residential District 25.75 RP Residential Park District 25.80 O Office District 25.85 C-1 Retail Business District 25.90 C-2 Central Business District 25.95 Downtown Pasco Overlay District 25.97 Broadmoor Overlay District 25.100 C-3 General Business District 25.105 C-R Regional Commercial District 25.110 BP Business Park District 25.115 I-1 Light Industrial District 25.120 I-2 Medium Industrial District 25.125 I-3 Heavy Industrial District 25.127 Mixed-Use District 25.130 I-182 Corridor Overlay District 25.135 Commercial Corridors Design Standards 25.140 Planned Unit Development 25.145 Planned Density Development 25.150 Home Occupations 25.155 Density Increase 25.160 Recreational Vehicle Parks 25.161 Accessory Dwelling Units 25.162 Single Room Occupancy Housing 25.163 Overnight Truck Parking and Habitation. 25.165 Use Regulations 25.170 Nonconforming Uses 25.175 Site and Building Design Standards 25.180 Landscaping and Screening Page 7 of 138 Ordinance – Amending PMC Title 25 - Zoning - 3 25.185 Off-Street Parking 25.190 Airport Overlay District 25.195 Land Use Hearings by Examiner 25.197 Mineral Lands 25.200 Special Permits 25.205 Homeless Temporary Shelters 25.210 Amendments and Rezoning 25.215 Comprehensive Plan 25.220 Annexation Procedure Section 3. That a new Chapter of the Pasco Municipal Code, 25.163, entitled “Overnight Truck Parking and Habitation” is hereby created and shall read as follows: CHAPTER 25.163 OVERNIGHT TRUCK PARKING AND HABITATION Sections: 25.163.010 Purpose. 25.163.020 Definition. 25.163.030 Permitted zones. 25.163.040 General requirements and development standards. 25.163.010 Purpose. (1) The purpose of this chapter is to improve the state of truck parking in Pasco by ensuring that Overnight Truck Parking and Habitation facilities are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the users of such facilities and the residents of the City of Pasco. 25.163.020 Definition. “Overnight Truck Parking and Habitation Facility” means an off-street site where commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. 25.163.030 Permitted zones. An Overnight Truck Parking and Habitation facility is prohibited in all zoning districts as a primary or accessory use, other than the following zoning districts where it may be approved as a conditional use via special permit per Chapter 25.200 PMC: C-3 (General Business District) I-1 (Light Industrial District). I-2 (Medium Industrial District). I-3 (Heavy Industrial District). Commented [JG1]: Added per 12/2/2024 Council Mtg Page 8 of 138 Ordinance – Amending PMC Title 25 - Zoning - 4 25.163.040 General requirements and dDevelopment standards. (1) An Overnight Truck Parking and Habitation facilities are prohibited from the following: (a) Within 500 feet of Residential or Mixed-Use Zoning Districts, Residential Vehicle Parks, existing residential uses, excluding caretaker residences per PMC 25.165.060, parks, schools. (b) I-182 Corridor Overlay District (PMC 25.130) (2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes as identified in PMC 10.80.040. (3) Site access, layout and interior circulation must accommodate the safe and efficient movement of a minimum 67-foot wheel base tractor-trailer. (4) Parking stalls and drive isles may be graveled, shall comply with minimum International Code Council requirements for access and loading. On-site stormwater conveyance/retention system shall be required and designed by a licensed engineer. Parking stalls for tractor trailers must be designed to accommodate a tractor trailer with minimum 74-foot length and appropriately striped. (5) Maximum facility size: 15 acres, including stormwater management areas and other appurtenances. (6) Maximum stay shall not exceed 48 hours in a 72-hour period with the exception of inclement weather and federal holidays. (7) Security. (a) Site shall have 24-hour on-site management. (a) Site shall have an access gate(s) that automatically close after each vehicle and pedestrian. Pedestrians must not be able to access site under, over or around closed gates. Vehicle gates shall be set back a minimum 80 feet from travel lane of public road used to access the site and be equipped with security camera(s). (b) Site shall have a perimeter fence. When Overnight Truck Parking & Habitation is an accessory use, perimeter fencing shall encompass area designated for Overnight Truck Parking & Habitation. (8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate vision, comfort and safety of site users. Lighting shall be uniform within the permitter fencing, with no dark patches or pockets. All lighting fixtures serving the site shall be full cutoff fixtures as defined by the Illuminating Engineering Society Commented [SA2]: Not consistent with above language. Commented [JG3]: Reduced from 1,000 to 500 per 12/2/2024 Council Mtg Commented [JG4]: Added per 12/2/2024 Council Mtg Commented [JG5]: Updated per Brian C’s email on ICC min. Gravel is allowed per Council Mtg 12/2/2024. Commented [JG6]: Reduced from 72 hours in a 96 hour period to 48 hours in a 72 hour period, with flexibility for holidays, weather, etc., per 12/2/2024 Council meeting Commented [JG7]: To be removed, per 12/2/2024 Council mtg. Page 9 of 138 Ordinance – Amending PMC Title 25 - Zoning - 5 of North America (IESNA). (9) Permanent Restrooms. Temperature controlled single-occupancy permanent restrooms, with a sink and toilet, shall be provided on-site per chart below. Restrooms shall be accessible whenever parking facility is in operation and connected to the City’s sewer utility. Truck Parking Stalls Minimum Number of Bathroom Stalls 1 to 15 1 16 to 35 2 36 to 55 3 56-80 4 81-110 5 111 to 150 6 Over 150 +1 per 50 (10) Solid Waste Disposal. Facilities shall be maintained free of litter and garbage. (a) Site shall have a minimum of one (1) commercial dumpster. (b) One (1) outdoor commercial trashcan shall be provided for every five (5) truck parking stalls. (11) On-site Amenities. (a) Water fountains or bottle fillers for potable water are required per table below: Truck Parking Stalls Minimum Number of Water Fountains or Bottle Fillers 1 to 50 1 51 to 100 2 Minimum Footcandles on Pavement 0.5 foot-candles (fc) Maximum Footcandles on Pavement 7.5 fc Uniformity Ratio, Maximum:Minimum 3:1 Minimum Footcandles at five (5) feet Above Pavement 0.25 fc Maximum light trespass on adjacent properties .1 fc Commented [JG8]: To be removed per Council Mtg 12/2/2024 Page 10 of 138 Ordinance – Amending PMC Title 25 - Zoning - 6 101+ 3 (b) 100 square feet of pet relief area shall be provided for every 30 truck parking stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and provide pet waste bags. (c) One (1) additional amenity shall be provided per 30 truck parking stalls. Each of the following is considered one amenity: a secure shower, a clothes washer and dryer, outdoor seating for four people, vending machine(s) for both beverages and food. Additional features can be considered amenities at the discretion of the Community and Economic Development Director. (12) Landscaping and screening. In apparent cases of conflict between provisions, the most restrictive shall prevail. (a) Site must comply with Chapter 25.180 PMC. Truck parking stalls are considered parking lots for purposes of landscaping and screening. (b) All areas of the facility, including perimeter setback areas not utilized for drive isles, parking stalls, walkways, buildings, and amenity areas, shall be landscaped. (c) All landscaping and screening shall be maintained. (132) Signage. (a) A map of City truck routes or a QR code for such map posted online, the City of Pasco Code Enforcement phone number, and the Benton Franklin Health District phone number shall be posted at the exit gate of the site and one additional location. (b) The phone number to the on-site manager that is available 24 hours a day to handle site access and site maintenance issues shall be posted at the site entry gate and on the restroom building. (143) Accessory uses. Management and maintenance buildings, guard houses, recreational facilities, restrooms, showers, laundry facilities, and other uses and structures customarily incidental to the operation of an Overnight Truck Parking and Habitation facility are deemed to be permitted accessory uses. Section 4. 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. Commented [JG9]: To be removed, per Council 12/2/2024 meeting Page 11 of 138 Ordinance – Amending PMC Title 25 - Zoning - 7 Section 5. 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 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _________, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 12 of 138 Ordinance – Amending PMC Title 25 - Zoning - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE TITLE 25 “ZONING,” TO ALLOW FOR OVERNIGHT TRUCK PARKING AND HABITATION AND CREATING A NEW CHAPTER 25.163 “OVERNIGHT TRUCK PARKING AND HABITATION.” WHEREAS, freight truck parking shortages are a national concern affecting the safety of commercial motor vehicle drivers and other roadway users as well as the efficiency of U.S. supply chains; and WHEREAS, the need for safe freight truck parking has been identified by the United Stated Department of Transportation, the Federal Highway Administration, and Washington State Department of Transportation especially during the hours of 7:00 p.m. to 5:00 a.m.; and WHEREAS, overnight truck habitation (residing in a parked truck overnight) is not explicitly defined within the Pasco Municipal Code; and WHEREAS, this code amendment is intended to define overnight truck parking and habitation as a use within the Pasco Municipal Code. This involves specifying the zoning districts where this use would be permitted and establishing regulations regarding said use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 25.15.170 of the Pasco Municipal Code (PMC) entitled “O definitions” is hereby amended and shall read as follows: 25.15.170 O DEFINITIONS. “Open space” means an unoccupied space open to the sky on the same lot with a building. Outdoor Storage. See definition under PMC 25.180.030. Overnight Truck Parking and Habitation. See definition under PMC 25.163.020. Section 2. That Title 25 of the PMC entitled “Zoning” is hereby amended and shall read as follows: Page 13 of 138 Ordinance – Amending PMC Title 25 - Zoning - 2 TITLE 25 ZONING Chapters: 25.05 Title – Purpose 25.10 Interpretation and Enforcement 25.15 Definitions 25.20 Zoning Districts Established – Zoning Map 25.22 Zone District Standards 25.25 R-T Residential Transition District 25.30 R-S-20 Suburban District 25.35 R-S-12 Suburban District 25.40 R-S-1 Suburban District 25.45 R-1 Low Density Residential District 25.50 R-1-A Low Density Residential Alternate District 25.55 R-1-A2 Low Density Residential Alternate District 25.60 R-2 Medium Density Residential District 25.65 R-3 Medium Density Residential District 25.70 R-4 High Density Residential District 25.75 RP Residential Park District 25.80 O Office District 25.85 C-1 Retail Business District 25.90 C-2 Central Business District 25.95 Downtown Pasco Overlay District 25.97 Broadmoor Overlay District 25.100 C-3 General Business District 25.105 C-R Regional Commercial District 25.110 BP Business Park District 25.115 I-1 Light Industrial District 25.120 I-2 Medium Industrial District 25.125 I-3 Heavy Industrial District 25.127 Mixed-Use District 25.130 I-182 Corridor Overlay District 25.135 Commercial Corridors Design Standards 25.140 Planned Unit Development 25.145 Planned Density Development 25.150 Home Occupations 25.155 Density Increase 25.160 Recreational Vehicle Parks 25.161 Accessory Dwelling Units 25.162 Single Room Occupancy Housing 25.163 Overnight Truck Parking and Habitation. 25.165 Use Regulations 25.170 Nonconforming Uses 25.175 Site and Building Design Standards 25.180 Landscaping and Screening Page 14 of 138 Ordinance – Amending PMC Title 25 - Zoning - 3 25.185 Off-Street Parking 25.190 Airport Overlay District 25.195 Land Use Hearings by Examiner 25.197 Mineral Lands 25.200 Special Permits 25.205 Homeless Temporary Shelters 25.210 Amendments and Rezoning 25.215 Comprehensive Plan 25.220 Annexation Procedure Section 3. That a new Chapter of the Pasco Municipal Code, 25.163, entitled “Overnight Truck Parking and Habitation” is hereby created and shall read as follows: CHAPTER 25.163 OVERNIGHT TRUCK PARKING AND HABITATION Sections: 25.163.010 Purpose. 25.163.020 Definition. 25.163.030 Permitted zones. 25.163.040 General requirements and development standards. 25.163.010 Purpose. The purpose of this chapter is to improve the state of truck parking in Pasco by ensuring that Overnight Truck Parking and Habitation facilities are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the users of such facilities and the residents of the City of Pasco. 25.163.020 Definition. “Overnight Truck Parking and Habitation Facility” means an off-street site where commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. 25.163.030 Permitted zones. An Overnight Truck Parking and Habitation facility is prohibited in all zoning districts as a primary or accessory use, other than the following zoning districts where it may be approved as a conditional use via special permit per Chapter 25.200 PMC: C-3 (General Business District) I-1 (Light Industrial District). I-2 (Medium Industrial District). I-3 (Heavy Industrial District). Page 15 of 138 Ordinance – Amending PMC Title 25 - Zoning - 4 25.163.040 General requirements and development standards. (1) Overnight Truck Parking and Habitation facilities are prohibited from the following: (a) Within 500 feet of Residential or Mixed-Use Zoning Districts, Residential Vehicle Parks, existing residential uses, excluding caretaker residences per PMC 25.165.060, parks, schools. (b) I-182 Corridor Overlay District (PMC 25.130) (2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes as identified in PMC 10.80.040. (3) Site access, layout and interior circulation must accommodate the safe and efficient movement of a minimum 67-foot wheel base tractor-trailer. (4) Parking stalls and drive isles may be graveled, shall comply with minimum International Code Council requirements for access and loading. On-site stormwater conveyance/retention system shall be required and designed by a licensed engineer. Parking stalls for tractor trailers must be designed to accommodate a tractor trailer with minimum 74-foot length and appropriately striped. (5) Maximum facility size: 15 acres, including stormwater management areas and other appurtenances. (6) Maximum stay shall not exceed 48 hours in a 72-hour period with the exception of inclement weather and federal holidays. (7) Security. (a) Site shall have 24-hour on-site management. (a) Site shall have an access gate(s) that automatically close after each vehicle and pedestrian. Pedestrians must not be able to access site under, over or around closed gates. Vehicle gates shall be set back a minimum 80 feet from travel lane of public road used to access the site and be equipped with security camera(s). (b) Site shall have a perimeter fence. When Overnight Truck Parking & Habitation is an accessory use, perimeter fencing shall encompass area designated for Overnight Truck Parking & Habitation. (8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate vision, comfort and safety of site users. Lighting shall be uniform within the permitter fencing, with no dark patches or pockets. All lighting fixtures serving the site shall be full cutoff fixtures as defined by the Illuminating Engineering Society Page 16 of 138 Ordinance – Amending PMC Title 25 - Zoning - 5 of North America (IESNA). (9) Permanent Restrooms. Temperature controlled single-occupancy permanent restrooms, with a sink and toilet, shall be provided on-site per chart below. Restrooms shall be accessible whenever parking facility is in operation and connected to the City’s sewer utility. Truck Parking Stalls Minimum Number of Bathroom Stalls 1 to 15 1 16 to 35 2 36 to 55 3 56-80 4 81-110 5 111 to 150 6 Over 150 +1 per 50 (10) Solid Waste Disposal. Facilities shall be maintained free of litter and garbage. (a) Site shall have a minimum of one (1) commercial dumpster. (b) One (1) outdoor commercial trashcan shall be provided for every five (5) truck parking stalls. (11) On-site Amenities. (a) Water fountains or bottle fillers for potable water are required per table below: Truck Parking Stalls Minimum Number of Water Fountains or Bottle Fillers 1 to 50 1 51 to 100 2 Minimum Footcandles on Pavement 0.5 foot-candles (fc) Maximum Footcandles on Pavement 7.5 fc Uniformity Ratio, Maximum:Minimum 3:1 Minimum Footcandles at five (5) feet Above Pavement 0.25 fc Maximum light trespass on adjacent properties .1 fc Page 17 of 138 Ordinance – Amending PMC Title 25 - Zoning - 6 101+ 3 (b) 100 square feet of pet relief area shall be provided for every 30 truck parking stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and provide pet waste bags. (c) One (1) additional amenity shall be provided per 30 truck parking stalls. Each of the following is considered one amenity: a secure shower, a clothes washer and dryer, outdoor seating for four people, vending machine(s) for both beverages and food. Additional features can be considered amenities at the discretion of the Community and Economic Development Director. (12) Landscaping and screening. In apparent cases of conflict between provisions, the most restrictive shall prevail. (a) Site must comply with Chapter 25.180 PMC. Truck parking stalls are considered parking lots for purposes of landscaping and screening. (b) All areas of the facility, including perimeter setback areas not utilized for drive isles, parking stalls, walkways, buildings, and amenity areas, shall be landscaped. (c) All landscaping and screening shall be maintained. (132) Signage. (a) A map of City truck routes or a QR code for such map posted online, the City of Pasco Code Enforcement phone number, and the Benton Franklin Health District phone number shall be posted at the exit gate of the site and one additional location. (b) The phone number to the on-site manager that is available 24 hours a day to handle site access and site maintenance issues shall be posted at the site entry gate and on the restroom building. (143) Accessory uses. Management and maintenance buildings, guard houses, recreational facilities, restrooms, showers, laundry facilities, and other uses and structures customarily incidental to the operation of an Overnight Truck Parking and Habitation facility are deemed to be permitted accessory uses. Section 4. 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. Page 18 of 138 Ordinance – Amending PMC Title 25 - Zoning - 7 Section 5. 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 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _________, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 19 of 138 COLUMBIA RIVER 395 395 395 12 12 182 ² Overnight Truck Parking & Habitation Legend Highways & Approximate Local Truck Routes Roads Schools Parks Pasco City Limits Zoning Districts C-3, General Business District I-1, Light Industrial District I-2, Medium Industrial District I-3, Heavy Industrial District Pa g e 2 0 o f 1 3 8 COLUMBIA RIVER 395 395 395 12 12 182 ² Overnight Truck Parking & Habitation Legend Highways & Approximate Local Truck Routes Roads Schools Parks Pasco City Limits Residential & Mixed Use Districts 250ft Buffer Zone 500ft Buffer Zone 1000ft Buffer Zone Pa g e 2 1 o f 1 3 8 December 9th, 2024 On Monday December 2nd, B4 Development + Consulting was prepared to provide public comment on the unfinished business concerning amendments to PMC Title 25 Zoning regarding Overnight Truck Habitation. Unfortunately, public comment was not allowed for this item. As the original applicant for this amendment, I would like to submit my comments via email for the record. First, I want to commend the discussion by city staff and the council. Several of our concerns have been addressed, and I appreciate the progress. However, I believe some other adjustments are needed to align with your goal of fostering a business and development friendly community. Here are the Points of Agreement: Gravel Permitted: We appreciate the allowance for gravel instead of requiring pavement. Trash Receptacles: Removing the requirement for additional receptacles is a positive step. C-3 Zoning: Allowing use in C-3 zones while excluding the I-182 corridor addresses potential concerns effectively. (If the I-182 corridor is not required and only a focus on truck routes we support that scenario). Time Limits: We agree with the proposed 72-hour limit within a 96-hour period, excluding weekends and holidays. Accessible Management: Updating the language to require 24-hour accessible, rather than on-site, management is appreciated. Remaining Concerns: Gate Setback Requirements: The proposed 80-foot setback for vehicle gates is often unnecessary. Businesses should have the flexibility to work with engineers to ensure safe access without such a rigid standard. Parking Lot Dimensions: Requiring 74-foot-long striped stalls is too restrictive. Not all truck-trailer combinations need this length, and accommodating smaller units would enhance flexibility. This requirement should not be made by the city but dictated by the business needs and developmental good practice. Buffer Zones: First, the current approach to buffer requirements appears inconsistent. For instance, the approval of Amazon's overnight truck parking adjacent to a residential trailer park raises concerns about proximity considerations even if the use is secondary in nature. Second, we recommend aligning buffer requirements with residential “zones” rather than focusing on individual residential units currently located within commercial or industrial zones. Third, we propose reducing the buffer to 250 feet and eliminating additional buffer requirements for RV parks, as their transient nature is already addressed in the code and residential uses are nonconforming to zoning. Finally, mitigation measures, such as the installation of 8-foot CMU walls, should be allowed as alternatives to standard buffer requirements. We appreciate your efforts to address these issues and hope the final amendment reflects a balanced approach that supports business development while meeting community needs. Thank you for considering our input, and we look forward to celebrating the adoption of this code amendment. John Scheline General Manager B4 Development + Consulting 50 9 -73 7 -78 2 6 jo h n @b 4 l a n d . c o m J O H N S C H E L I N E Page 22 of 138 CA2024-001 Overnight Truck Parking & Habitation January 13, 2025 City Council Pa g e 2 3 o f 1 3 8 Overnight Truck Habitation Considerations 2 •Balancing freight operations and compatibility. •Support freight operations while minimizing conflicts with residential areas. •Apply practical standards for truck parking facilities. •Ensure neighborhood safety through clear requirements. Pa g e 2 4 o f 1 3 8 Status – Overnight Truck Parking & Habitation 3 •Planning Commission Recommendation: September 19, 2024 •City Council Workshop: October 28, 2024 •City Council Workshop: December 2, 2024 Discussion Areas: •Location and Proximity Buffers •Site Design Standards •On-Site Management •Waste Collection Pa g e 2 5 o f 1 3 8 Revised Ordinance 4 •C-3 (General Business District) added to PMC 25.163.030 •Buffer distanced reduced to 500 feet in PMC 25.163.040(a) •I-182 Overlay District added as a prohibited district, in PMC 25.163.040(b) •Allowance of gravel surfacing in PMC 25.163.040(4) •Maximum stay reduced to 48 hours in a 72-hour period in PMC 25.163.040(6) •On-site management removed from PMC 25.163.040(7) •On-site waste collection/garbage requirements removed from PMC 25.163.040(10) •Landscaping requirements removed from PMC 25.163.040(12) Pa g e 2 6 o f 1 3 8 Key Proposal Recommendations 5 As recommended by Pasco Planning Commission •Create new Chapter and Definition in PMC: •“Overnight Truck Parking and Habitation Facility” means an off-street site where commercial vehicle drivers can park their vehicles, with or without an attached trailer, where said driver can access on-site amenities and sleep in their vehicle. •Permitted Zones: I-1, I-2, I-3, C-3 •Proximity Restrictions: Prohibited within 500’ of residential or mixed- use, existing residential uses, parks, and schools; I-182 Overlay District. Pa g e 2 7 o f 1 3 8 Public Comments 6 Comments received 12/9/2024: •Remove gate setback requirements •Remove parking lot dimension requirements •Measure distance from residential districts, not buildings •Reduce 500’ buffer to 250’ buffer •Allow for 8 foot concrete masonry wall alternative to buffer requirements Pa g e 2 8 o f 1 3 8 QuestionsPa g e 2 9 o f 1 3 8 AGENDA REPORT FOR: City Council January 8, 2025 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 1/13/25 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Services Personal Code Professionals - Resolution Northwest Agreement for Plan Review and Inspection Services (5 minutes) I. ATTACHMENT(S): Draft Resolution Proposed Personal Service Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The agreement with NWCP does not include a set spending cap due to the fluctuating The this of flexibility services. demand for of nature these arrangement ensures the City can respond to both routine service needs and unanticipated large-scale development projects. Over similar services have varied for years, expenditures past the four significantly, with annual totals as follows:  2024 (Jan-Oct): $339,605.36  2023: $565,065.50  2022: $451,216.95  2021: $606,763.13 NWCP's fee schedule for the new agreement is competitive and structured to meet the City's needs. Key rates include:  Commercial Plan Review Fee: 70% of the total plan review fees determined by the City  Residential Plan Review: $85/hour  Field Inspection Services: $85/hour Page 30 of 138 Specialized services, such as Fire Protection Engineering, are charged only upon as only incurs City the costs ensuring $225/hour, at request that necessary. NWCP also includes structural engineering peer review at no additional cost for qualifying projects. The City will monitor expenditures carefully to ensure alignment with the approved budget and will authorize services on an as- needed basis to manage costs effectively. IV. HISTORY AND FACTS BRIEF: significant residential, in growth experienced City Pasco of The has commercial, and industrial sectors, leading to an increased demand for building and fire review and inspection services. Historically, the City has partnered with Northwest Code Professionals, who have provided consistent and reliable service for many years. In 2024, the City decided to issue a Request for Proposals (RFP) for these services to ensure that the agreement was current and aligned with the City’s best interests. This process allowed the City to evaluate potential service providers qualified a at support most the receiving was it confirm and competitive cost. Northwest Code Professionals were selected through this competitive process based competitive and record, track fee qualifications, their on proven structure. Their expertise will enable the City to maintain high standards of service while addressing challenges such as fluctuating permit volumes and the additional complexity introduced by new regulations under Washington State Senate Bill 5290 (SB-5290), effective January 1, 2025. Rather than hiring additional staff, which is impractical due to the fluctuating nature of demand for these services, the City relies on consultants to ensure flexibility meet to City the approach This responsiveness. and allows developers' needs for both routine services and potential large-scale projects without overcommitting resources. The proposed agreement with Northwest Code Professionals is for a three- year term, with an optional one-year renewal, subject to City Council approval and annual appropriations. V. DISCUSSION: Staff recommends Council approve the Personal Services Agreement for Plan Review and Inspection Services. Page 31 of 138 Resolution – NW Code Professionals PSA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH NORTHWEST CODE PROFESSIONALS FOR PLAN REVIEW AND INSPECTION SERVICES. WHEREAS, the City of Pasco (City) has experienced significant growth in residential, commercial, and industrial development, creating an ongoing demand for efficient building and fire review and inspection services; and WHEREAS, the City issued a Request for Proposals (RFP) in October 2024 to solicit qualified consultants to provide these services in accordance with applicable federal, state, and local regulations; and WHEREAS, the purpose of this agreement is to ensure compliance with the Washington State Building Code, ANSI standards, and Pasco Municipal Code Title 16 through timely plan reviews and inspections; and WHEREAS, the services outlined in the agreement include reviewing plans, performing inspections, and maintaining efficient permitting processes to support approximately 5,000 permits annually; 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 enter into a Personal Services Agreement with Northwest Code Professionals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Personal Services Agreement between the City of Pasco and Northwest Code Professionals as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Personal Services Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 32 of 138 Resolution – NW Code Professionals PSA - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 33 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 1 of 12 PERSONAL SERVICES AGREEMENT NORTHWEST CODE PROFESSIONALS THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and Northwest Code Professionals, hereinafter referred to as “Contractor”, on _____________________________________. [date of execution] RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Contractor represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Contractor shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Contractor’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2. Term. The initial term of this agreement shall be for three (3) years, beginning on the execution date listed above. 3.1 At the City’s option and upon yearly appropriations by Council, the agreement may be extended for an additional year for a total contract term of up to 4 years. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendere d by the Contractor except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. Page 34 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 2 of 12 3.3 The City shall pay the Contractor for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Contractor for all work performed and expenses incurred under this Agreement, as follows. ☐ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement. 4. Reports and Inspections. 4.1 The Contractor at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Contractor shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Contractor’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Contractor’s activities which relate, directly or indirectly, to this Agreement. Contractor shall be provided a copy of such reports. 4.3 The Contractor, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Contractor shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Contractor shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Contractor shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Contractor agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. Page 35 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 3 of 12 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Contractor for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Contractor may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Contractor and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Contractor subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Contractor in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Contractor’s default, or if this Agreement is terminated prior to its completion, the work product of the Contractor, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Contractor. If the Agreement is terminated through convenience by the City, the City agrees to pay Contractor for the preparation of the summary of services provided. 6. Public Records. 6.1 Contractor acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Contractor, and recommendations of the Contractor are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Contractor becomes a custodian of public records of the City and request for such records is received by the City, the Contractor shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Contractor within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Contractor at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Contractor to enjoin or otherwise prevent such release. Page 36 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 4 of 12 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Contractor. No agent, employee, officer or representative of the Contractor shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits or privileges the City provides for its employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Contractor is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City ’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Contractor shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Contractor to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 7.5 Contractor as an independent contractor and not an employee shall not be entitled to any employee benefits including but not limited to vacation time, sick leave, paid time off, or paid holidays. 8. Indemnification. 8.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, officials, employees, and volunteers, the Contractor’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided Page 37 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 5 of 12 herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees caused by Contractor’s delayed or failed performance of Section 6 above. 9. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Contractor’s profession. 9.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ☒ $2,000,000 each occurrence; and ☒ $2,000,000 general aggregate; Page 38 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 6 of 12 9.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $2,000,000 per claim; and ☒ $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Contractor’s Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 9.3.1 The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Contractor shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 City Full Availability of Consultant Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. 9.8 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days’ notice to the Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 10. Nondiscrimination. In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment in the Page 39 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 7 of 12 performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Contractor warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Contractor, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Contractor due to its unique qualifications to perform these services. The Contractor shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances, and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Contractor fails to perform in the manner called for in this Agreement, or if the Contractor fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be affected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. Page 40 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 8 of 12 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Troy Hendren Building Official/Fire Marshal 525 N 3rd Ave Pasco, WA 99301 hendrent@pasco-wa.gov 14.3.2 For the Contractor: Jack Applegate CEO/President 3835 W Court St, Suite B Pasco, WA 99301 jacka@nwcodepros.com 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. Page 41 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 9 of 12 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Contractor respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON NORTHWEST CODE PROFESSIONALS Adam Lincoln, City Manager Jack Applegate, CEO/President ATTEST: APPROVED AS TO FORM: Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorneys Page 42 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 10 of 12 EXHIBIT A SCOPE OF WORK Plan Review Scope • Review plans to the current adopted State of Washington adopted International codes, ANSI A117.1, and Uniform Plumbing Code including the State amendments and Washington State Energy code. In addition to these codes and State amendments, the City has also amended these codes which can be found in the Pasco Municipal Code (PMC) Title 16. • The City will determine which construction and site plans will be reviewed by the Con tractor. The City will intake, track, and process the permit applications and all revisions per current building permit administration procedures. The Contractor will review such plans submitted and request any additional information needed to perform a thorough review. The Building Official will make the final determination if there are any discrepancies. • Deferred submittals will need to be permitted separately with plans and application example. plumbing, mechanical, signage, fire sprinkler, fire alarm, pools and type I hood/suppression systems. • The City requires residential plan reviews to be completed and returned within five (5) business days, and industrial and commercial plan reviews within twenty (20) business days. These timelines are subject to change if state regulations, such as those introduced by Bill 5290, impact permitting processes. • Plans and specifications will be emailed or provided in an electronic drop box with a confirmation email from the Permit Coordinator as needed. • Paper Plans are not commonly received but “may” need to be reviewed. The City will coordinate with reviewer a delivery or pickup procedure. • Minor redlines of the plans will be acceptable for approval and if there are corrections, a detailed plan review letter outlining the correction, the code section and location of the correction will be required. • Direct communication with the applicants is acceptable to get more information and clarity (a record of all such communications is required), but all interpretations or variances must be approved by the City Building Official or their designee. Building/Fire Inspection Scope • Perform building, plumbing, mechanical, and energy code inspections on an as needed basis to the approved set of plans. Any deviation from the approved plans or the applicable codes must be approved by the City Building Official or their designee. • Inspections will consist of but not be limited to: Setbacks, grading, fencing, ug plumbing, underfloor framing, framing, sheetrock, insulation, mechanical, plumbing, roofing, structural steel, pan decking, stucco, sheds, shops, Fireline’s, FDC, PIVs, fire sprinklers, fire alarms, type 1 and 2 hoods, water heater, solar panel, BDA’s, ADA, etc.… • Notice of inspection requests will be by email or other means. Such requests will be provided to the contracted inspector no later than 8am of the day of inspections. Page 43 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 11 of 12 • Inspections will be performed using your own vehicle, and inspector must have a valid driver’s license and automobile insurance required by the State of Washington. • Inspection Correction Books in duplicate with City of Pasco Letter head will be provided along with LP/NG Approval and Fail stickers for the inspectors. • Correction Notices and Inspection Lists will be required to be emailed or by other means provided by end of each business day. • Minimum qualifications for building inspectors are ICC certification as Commercial Building Inspector and/or Residential Building Inspector. The Contractor will provide a certified building inspector or equal to perform the Inspections. • Inspector must meet timelines and high volume of inspections when needed and still perform in a professional manner. • Inspector must be able to read construction plans and be able to ask and relay questions and concerns to the contractor, plans examiner and the owner. • Inspector must understand their role in the construction field specifically with Special Inspectors, Contractors, Subcontractors and Superintendents. Page 44 of 138 Northwest Code Professionals Building & Fire Review and Inspection Services Page 12 of 12 EXHIBIT B FEE SCHEDULE Commercial Plan Review Fee 70 % of total plan review fees determined by City1 Hourly Plan Review Rate for changes to approved plans, or additional review of corrections to plan check letters after the first re- review. No additional charge for first review of corrections. $85.00 Per hour Residential $125.00 Per hour Commercial/ Fire Plan Review Residential Plan Review $85.00 Per hour/ NEW SFD/DUPLEX Flat FEE $250.00 each. Field Inspection Services $85.00 Per hour. Permit Technician Services Hourly Rate. $65.00 Per hour SE Engineer Peer Review Included at zero additional cost on projects exceeding an ICC valuation of $2.0 Million, Other projects requested by City $185.00/ HR Fire Protection Engineering $225.00/HR (Actual cost from contracted FP Engineer, no added cost from NWCP) Used and charged only upon request of CITY. Inspection Services/Business Lic. $85.00 Per hour. After Hours/Weekend Inspections $100.00 per hour– Minimum 2 hr. charge. Advanced notice required. 1NWCP will determine if a project requires Fire Protection engineered review services. Or if requested or deemed necessary by the Municipality, these fees will be billed at actual cost and may be billed directly to the applicant by City. Page 45 of 138 January 13th, 2025 Pasco City Council Workshop Pa g e 4 6 o f 1 3 8 Northwest Code Professionals Agreement January 13th, 2025 Pasco City Council Pa g e 4 7 o f 1 3 8 Background Rationale Opportunities to Align Resources with Regulations 01 02 03 Pa g e 4 8 o f 1 3 8 Background 4 Pa g e 4 9 o f 1 3 8 Overview •Long -standing agreement with NWCP (formally The Building Department Inc.) •Services Included: •Plan Review – Ensuring Compliance with State adopted building codes and standards •Inspection Services – Confirming construction meets State adopted building codes and approved plans Background 5 Pa g e 5 0 o f 1 3 8 Request for Proposals and Selection Process •October 2024: Issued RFP to evaluate options and ensure the City receives the best value. •November 2024: •Selection Committee reviewed proposals based on: •Experience and qualifications •Understanding and Approach •Fee Schedule •NWCP was selected for proved expertise in plan review and inspection, as well as a competitive and transparent fee schedule. Background 6 Pa g e 5 1 o f 1 3 8 Rationale 7 Pa g e 5 2 o f 1 3 8 Notable Plan Reviews: •July 2023: •New High School #3 – Pasco School District •August 2023: •New Building (Main Structure) – Darigold Inc •September 2023: •Pasco Burns Apartments – Pasco- Burns LLC Fluctuating Demand 8 July-23, $152,282.94 August-23, $139,307.87 September-23, $99,534.03 $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 $160,000.00 2023 NWCP Services Inspection Services Plan Review Combined Pa g e 5 3 o f 1 3 8 Why we need the agreement •Fluctuating Demand for services: •Unpredictable volume of plan reviews and inspections. •Demand varies significantly depending on development activity •Staffing challenges: •Costly to maintain staff during low- demand periods •Inefficient resource allocation for unpredictable workloads. Rationale 10 •Flexibility to Meet Development Needs: •No cap on the agreement ensures readiness for large or unexpected projects •Maintains the City’s ability to support development promptly •Fiscal Responsibility: •Focused on maintaining a balance budget. •Services will be used only as needed, avoiding unnecessary expenses. •Ongoing monitoring of costs to ensure value for the City and permit consumers. Pa g e 5 4 o f 1 3 8 Opportunities to Align Resources with Regulations 11 Pa g e 5 5 o f 1 3 8 Inspection Types: •Structural Inspections: •Footing and Setbacks •Stem Wall, Foundation, and Rebar •Retaining Wall and CMU/Masonry •Slab, Thickened Footing, Roof Sheathing •Plumbing and Mechanical: •Underground Plumbing, Water, Sewer •Gas Piping, Rough Plumbing, Hydro Flush/Pressure Test •Mechanical and HVAC, Venting & Exhaust Systems •Framing and Interior •Shear Framing, General Framing •Insulation, sheetrock, ceiling Grid •Fire and Safety •Firewall/Occupancy Separation & Egress Systems •Fire Line,Fire Sprinkler Systems •Fire & Smoke Detection & Alarm Systems •Specialty Inspections •Basement Weatherproofing •Marriage Connections (FAS) and Tie-Downs (FAS) •Title Elimination (FAS) •Final Inspections •Residential and Commercial Final Inspections •Final with Temporary Certificate of Occupancy (TCO) • Commercial Final Fire Inspection •Fence Final Inspections 12 Pa g e 5 6 o f 1 3 8 Inspections We Could Eliminate: •Fences under 6’ •Sheds under 200 sq. ft (unless within 3 feet of a property line) •Decks under 200 sq. ft (no greater than 30 inches in height) •Residential Re -roofs Potential Cost reduction Changes 13 Pa g e 5 7 o f 1 3 8 Inspections We Cannot Eliminate 14 Type Required By Importance Water Heaters Washington State Adopted 2021 International Mechanical Code and 2021 Uniform Plumbing Code •Ensures safety valves are installed correctly. •Reduces risk of failure or potential explosion. •Reduces risk of carbon monoxide poisoning emergencies Mechanical (HVAC) Systems Washington State Adopted 2021 International Mechanical Code •Verifies compliance with manufacturer requirements and IMC standards. •Ensures all mechanical components function properly. Propane (LP) Tanks Washington State Adopted 2021 International Fuel Gas Code and NFPA 58 •Confirms proper tank clearance from property lines, buildings, or other structures. •Ensures safe separation distances (ranging from 5’ to 150’, depending on size and pressure). Solar Panels Washington State Energy Code for Residential and Commercial Structures •Verifies weight distribution and secure anchoring. •Ensures emergency responder safety via shutoff switches. Pa g e 5 8 o f 1 3 8 Pa g e 5 9 o f 1 3 8 AGENDA REPORT FOR: City Council January 8, 2025 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 1/13/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Bid Award for Broadmoor Area Tax Increment Financing Improvements - Sandifur Pkwy/Broadmoor Blvd Intersection Improvements Project (5 minutes) I. ATTACHMENT(S): Resolution Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Construction Contract: $4,286,821.62 Funding is provided by Utility Rates and Tax Increment Financing. The Adopted 2023-2024 Biennial Budget and the Proportionate Share Contributions received provide the funding to cover design, construction, and construction management/administration costs. IV. HISTORY AND FACTS BRIEF: The Broadmoor area has the opportunity, if developed properly, to serve as a significant economic engine for the Pasco community providing for increased tax revenues to support City services and provide significant employment opportunities for the residents of Pasco. In addition to the economic stimulus, the development of the Broadmoor area will provide the necessary residential units to meet the demands of the population growth projected for the area by the State of Washington. The Washington State Legislature, during its 2021 legislative session, enacted Page 60 of 138 “AN ACT Relating to tax increment financing” and codified as RCW 39.114 (the “TIF” Act), which authorizes local governments, including cities, to carry out tax increment financing of the public improvements needed to support vital private economic development projects. Tax Increment Financing (TIF) is a program that allocates revenues generated from the increased assessed valuation of properties improved by private development that are within a designated Tax Increment Area (TIA) to pay for public improvements that are needed to support development. Council adopted Ordinance No. 4618, on October 31, 2022, designating a specific TIF area of approximately 671 acres in the Broadmoor area. The Broadmoor Area TIF – Sandifur Pkwy/Broadmoor Intersection Improvements project is the fourth phase of a multi-phased project planned to make key infrastructure improvements necessary to promote development in this area. The Sandifur Pkwy/Broadmoor Intersection improvements fall within the scope of allowable work as defined by Section 4 of Ordinance No. 4618. V. DISCUSSION: The Phase 1A which is now complete, provided for rough grading for the alignments of Road 108, Sandifur Parkway and a utility corridor, in anticipation of the construction of utilities and roadways, in subsequent phases. The Phase 1B Utililty Package Phase project is now complete. The goal of this project was to install critical utility infrastructure backbone that serves the entire Broadmoor Area. The alignments of these utilities were selected to allow one of the future planned phases to construct arterials and collectors that will make up the heart of the transportation grid in this area. in still is which improvements, TIF Broadmoor the of phase third This construction, addresses current deficiencies and accommodates future traffic projections at the intersection of Broadmoor and Burns, which is a key access point to the Broadmoor area. There are two new public schools to the east that use this intersection as an access point as well. This project will provide a signalized intersection, dedicated turn lanes, and multi-modal considerations intended to both raise the vehicular level of service and provide a safe environment for pedestrians and bicyclists. Similar the of phase fourth third phase, Broadmoor the to the TIF improvements accommodates future traffic projections along the Broadmoor corridor between Nottingham Drive and Sandifur Boulevard. Improvements are Page 61 of 138 proposed at the intersections of Broadmoor/Sandifur Parkway and Broadmoor/Buckingham Drive, as well as widening of the corridor. The project will provide a new signalized intersection, dedicated turn lanes, and multi- modal considerations throughout the Broadmoor corridor. The was project Improvements Pkwy/Broadmoor Sandifur Intersection advertised for bids on Wednesday, September 25, 2024. On December 5, 2024, a public bid opening was held at 2:00 PM. A total of eight (8) bids were received. The lowest responsible, responsive bidder in of amount the Washington, Inc. of Tapani, was Richland, $4,286,821.62. The Engineer's Estimate is $6,498,751.72. The second lowest bid was submitted by Apollo, Inc., in the amount of $4,449,960.75. The Engineer of Record, PBS Engineering & Environmental Inc, and City staff completed the review of the bid submittal, and no exemptions or irregularities were found. Staff recommends award of the contract for Broadmoor Area TIF – Sandifur Pkwy/Broadmoor Blvd Intersection Improvements project to Tapani, Inc. Richland, Washington, in the amount of $4,286,821.62. City Staff recommends award of the bid to Tapani, Inc. for the Sandifur Pkwy/Broadmoor Blvd Intersection Improvement project. Page 62 of 138 Resolution – Sandifur/Broadmoor Imprv. Bid Award - 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON. AWARDING BID NO. 24600 FOR THE SANDIFUR PKWY/BROADMOOR INTERSECTION IMPROVEMENTS PROJECT TO TAPANI, INC., OF RICHLAND, WASHINGTON; AND FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS. WHEREAS, the City of Pasco (City) identified the Sandifur Pkwy./Broadmoor Blvd. Intersection Improvements Project in the Approved Capital Improvement Plan; and WHEREAS, this Contract provides for roadway improvements including widening, additional dedicated turn lanes, a new traffic signal, and multi-modal transportation accommodations in the form of sidewalks and multi-use path; and WHEREAS, the City solicited sealed bid public bids for this project, identified as Sandifur Pkwy/Broadmoor Intersection Improvements Project; and WHEREAS, on December 5, 2024, at 2:00 p.m., eight (8) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was Tapani, Inc., with a bid of $4,286,821.62, the Engineer’s Estimate was $6,498,751.72; and WHEREAS, the bid documentation was reviewed, and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Sandifur Pkwy./Broadmoor Blvd Intersection Improvements Project to Tapani, Inc., of Richland, WA, in the amount of $4,286,821.62, and further authorizes the City Manager to execute the Contract documents. Be It Further Resolved, that this Resolution shall take effect, and be in full force immediately upon passage by the City Council. Page 63 of 138 Resolution – Sandifur/Broadmoor Imprv. Bid Award - 2 PASSED by the City Council of the City of Pasco, Washington, on this day of , 2025. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 64 of 138 SANDIFUR PKWY/BROADMOOR INT IMPROVEMENTS Pa g e 6 5 o f 1 3 8 Sandifur Pkwy/Broadmoor Intersection Improvements Project PROJECTSCOPE •DedicatedTurnLanes •MultiusePathway/BikeLanes •Sidewalks •Traffic Signal @ Buckingham Drive.Pa g e 6 6 o f 1 3 8 Sandifur Pkwy/Broadmoor Intersection Improvements Project Pa g e 6 7 o f 1 3 8 Sandifur Pkwy/Broadmoor Intersection Improvements Project Pa g e 6 8 o f 1 3 8 OutreachPlan PRIORTOCONSTRUCTION COMMENCEMENTcontractor isto provide: • Reader Boardadvertising project startdate and pertinent information. • Notice toutilities andservice providers • Coordination withproperty owners, transit,andBDIforlocal access. Allinterruptions require aminimumof48hrsadvanced noticeprior to implementation. Additionally, contractor toprovide Citywithnoticeof trafficrevisions at least 1week prior toimplementation Pa g e 6 9 o f 1 3 8 OutreachPlan PAST • Coordination directly with Pasco School District UPCOMING • Social media campaign • Traditional media • Project Specific Post Cards sent via US Mail Pa g e 7 0 o f 1 3 8 Sandifur Pkwy/Broadmoor Intersection Improvements Project •Construction Eng. Estimate: $6,498,751.72 •LowestResponsive, Responsible bidder:$4,286,821.62 Tapani, Inc., ofRichland, WA •Project funded by the Broadmoor TIF funds. Pa g e 7 1 o f 1 3 8 Questions? Pa g e 7 2 o f 1 3 8 AGENDA REPORT FOR: City Council January 8, 2025 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 1/13/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Project Acceptance for the Burns Road Restriping Project (5 minutes) I. ATTACHMENT(S): Resolution Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer's Estimate $236,376.80 Awarded Construction Contract Amount $95,842.31 Project Change Orders $5,194.24 Project Closeout Reconciliation $(5,365.47) Final Construction Cost $95,671.08 The project closeout reconciliation amounts include bid items that exceeded the original planned quantities and others that were partially used in the process of delivering the work scoped in the contract. Funding for this project was provided by City of Pasco, streets fund. IV. HISTORY AND FACTS BRIEF: This maintenance project was identified as a response to reports of unsafe queueing of vehicles in the travel lane, along westbound Burns Road associated with School pick up times. Additionally, the sequence development of parcels adjacent to Burns Road to the north, had created a patchwork effect on the roadway as it was widened in non-consecutive segments. This created Page 73 of 138 inconsistent striping. The project provided string of the roadway, creating safer lane configuration to accommodate traffic flow during the morning and afternoon peak hours. As part of this project, bicycle lanes and parallel parking for vehicles along Burns Road were delineated. The project was advertised on February 21, 2024, and bids opened on March 13, bidder, responsive low was the Surface Pavement 2024. Control Pavement Surface Control, and was awarded the project. The Notice to Proceed (NTP) was issued for June 17, 2024, with Substantial Completion achieved on June 28, 2024. Formal acceptance of public works projects is required by State law and starts the 45-day period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being held by the City may be released upon receipts of the following:  An affidavit of no liens  A release from the Department of Revenue that all taxes have been paid  A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: City Staff recommends approval of the Resolution for acceptance of contractor's work for the Burns Road Restriping Project. Page 74 of 138 Resolution – Accepting Work for Burns Rd Restriping Project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON. ACCEPTING WORK PERFORMED BY PAVEMENT SURFACE CONTROL, UNDER CONTRACT FOR THE BURNS ROAD RESTRIPING PROJECT. WHEREAS, the work performed by Pavement Surface Control under contract for Project No. 23 568 has been examined by City of Pasco (City) Staff and been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City formally accept the contractor’s work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with City Staff’s recommendation and thereby accepts the work performed by Pavement Surface Control under contract for Project No. 23 568 as being completed in apparent compliance with the project’s specifications and drawings. Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance. Be It Further Resolved, that the final payment of retainage being withheld, pursuant to RCW 60.28.011, regulations and administrative process, shall be released upon apparent compliance with and satisfaction of applicable project specifications and verification thereof by Public Works Department staff and Finance Director. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 75 of 138 Burns Road Restriping Project Acceptance Pa g e 7 6 o f 1 3 8 Burns Road Restriping Pa g e 7 7 o f 1 3 8 Burns Road Restriping Pa g e 7 8 o f 1 3 8 CONSTRUCTION COSTS $236,376.80Engineer’s Estimate $95,842.31Bid Award $5,194.24Project Change Orders $(5,365.47)Project Closeout Reconciliation $95,671.08Final Construction Contract Total Burns Road Restriping Project was funded via City of Pasco Local Funds Pa g e 7 9 o f 1 3 8 Questions?Pa g e 8 0 o f 1 3 8 AGENDA REPORT FOR: City Council January 8, 2025 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 1/13/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Project Acceptance for Oregon Ave Overlay Project (5 minutes) I. ATTACHMENT(S): Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer's Estimate $2,697,483.00 Awarded Construction Contract Amount $2,520,000.00 Project Change Orders $0.00 Project Closeout Reconciliation $(144,189.70) Final Construction Cost $2,375,810.30 The project closeout reconciliation amount includes bid items that exceeded planned quantities and others that were partially used. These items include Hot Mix Asphalt (HMA), Pavement Repair Excavation, Crack Sealing, Erosion/Water Pollution Control, Minor Change, and any force account bid items. Funding for this project was provided by a National Highway System Preservation Program (NHSPP) grant. IV. HISTORY AND FACTS BRIEF: The City was the recipient of a NHSPP grant for the pavement preservation of Page 81 of 138 Oregon Avenue (SR 397) from the WSDOT boundary of Interstate 182 to E. Ainsworth Avenue. Although the original grant award included a match requirement, federal funding is now provided at 100% for this Project. Improvements included planing bituminous pavement, fiber reinforced HMA, pavement drain storm and curb gutter, ramps, curb repair, sidewalk, improvements, pavement markings, and other associated work. The project was advertised on October 13, 2023, and bids were opened on November 8, 2023. Central Washington Asphalt, Inc., was the low responsive bidder and was awarded the project. The Notice to Proceed (NTP) was issued on April 1, 2024, with Substantial Completion achieved on July 9, 2024. Formal acceptance of public works projects is required by State law and starts the 45-day period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being held by the City may be released upon receipts of the following:  An affidavit of no liens  A release from the Department of Revenue that all taxes have been paid  A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: City Staff recommends approval of the Resolution for the Oregon Avenue Overlay Project. Page 82 of 138 Resolution - Oregon Ave Overlay Project Acceptance - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON. ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON ASPHALT, INC., UNDER CONTRACT FOR THE OREGON AVE OVERLAY PROJECT. WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for Project No. 21-305 has been examined by City of Pasco (City) Staff and been found to be in apparent compliance with the applicable project’s specifications and drawings, and WHEREAS, it is the City Staff’s recommendation that the City formally accept the contractor’s work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with City Staff’s recommendation and thereby accepts the work performed by Central Washington Asphalt, Inc., under contract for Project No. 21-305 as being completed in apparent compliance with the project’s specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance. Be It Further Resolved, that the final payment of retainage being withheld, pursuant to RCW 60.28.011, regulations and administrative process, shall be released upon apparent compliance with and satisfaction of applicable project specifications and verification thereof by the Public Works Director and Finance Director. Be It Further Resolved, that this resolution shall take effect immediately. Page 83 of 138 Resolution - Oregon Ave Overlay Project Acceptance - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 84 of 138 Oregon Avenue Overlay Project Acceptance Pa g e 8 5 o f 1 3 8 Oregon Avenue Overlay Pa g e 8 6 o f 1 3 8 Oregon Avenue Overlay Pa g e 8 7 o f 1 3 8 CONSTRUCTION COSTS $2,697,483.00Engineer’s Estimate $2,520,000.00Bid Award $0.00Change Order Total $(144,189.70)Project Closeout Reconciliation $2,375,810.30Final Construction Contract Total Oregon Avenue Overlay Oregon Ave Overlay Project was funded via the NHS Asset Management Program (FEDERAL GRANT). Pa g e 8 8 o f 1 3 8 Questions?Pa g e 8 9 o f 1 3 8 AGENDA REPORT FOR: City Council January 7, 2025 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 1/13/25 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution - Change Order No. 12 for the West Pasco Water Treatment Plant Phase 2 (5 minutes) I. ATTACHMENT(S): Resolution PowerPoint Presentation Change Order history II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Engineer’s Estimate $ 13,606,000.00 Original Construction Agreement $ 10,359,218.70 Previously Approved Change Order Nos. 1-11 $ 613,756.32 Change Order No. 12 $ 170,581.24 New Construction Agreement Total $ 11,143,150.38 The adopted budget for the project is sufficient to accommodate this change order. Funding for the project is provided as follows: Project budget: $12,753,259.00 Department of Health State Revolving Fund: $9,656,702.00 American Rescue Plan Act: $1,165,000.00 Water Service Utility Fund: $1,931,557.00 Page 90 of 138 IV. HISTORY AND FACTS BRIEF: Design, permitting, and final cost estimates for this project were completed in June 2022. Phase 2 project consists of a set of improvements to expand the distribution capacity of the West Pasco Water Treatment Plant (WPWTP) from 6 the complements and 12 to MGD, day per gallons million (MGD) improvements underway as part of Phase 1 (membrane filters and other treatment improvements). On July 18, 2022, Council awarded the WPWTP Improvements Phase 2 contract to Apollo, Inc. of Pasco, WA in the amount of $10,349,688.60 via Resolution No. 4206. Since construction began, the project has required eleven (11) change orders for a total of $613,756.32. A summary of previously approved change orders is included in this packet. The proposed Change Order No. 12: adds $170,581.24 to the project and brings well the below $11,143,556.26, the contract construction total to engineer's estimate of $13,606,000.00. The details of proposed Change Order No. 12 are shown below:  CPR 010 (CD#8) - Due to discrepancies in the intake pump station record drawings, the true position of the pump column relative to the wet well channel wall could not be confirmed. This change is to compensate the contractor for field verifying dimensions and provide pump column bracing in the intake pump station wet well. This change is calculated on the basis of time and materials.  CPR 023 (CD#10B) - The existing air gap for the clearwell overflow is not Since is construction regulations. in with compliance current ongoing, and in compliance with Department of Health directives, this component is to be retrofitted compliance. This change is calculated on the basis of time and materials.  CPR 024 (CD#13) - This Construction Directive and accompanying Contractor Proposal Request were created to be able to connect the Intake this By generator. existing making to Station Pump the temporary connection the Intake Pump Station is no longer on a generator. This allows for a more secure and robust backup power supply to the Intake Pump Station so that service is reliable.  CPR 025 (RFI#22) - The water level at the bottom of the WPWTP intake forebay is too deep for operations crews to safely dewater in a cost effective manner. This change is to allow the contractor to safely perform all dewatering work as needed. Page 91 of 138 V. DISCUSSION: City Staff recommends approval of Change Order No. 12 in the amount of $170,581.24 for the West Pasco Water Treatment Plant Phase 2 Project. Page 92 of 138 Page 93 of 138 Page 94 of 138 Page 95 of 138 Page 96 of 138 Page 97 of 138 Page 98 of 138 Page 99 of 138 Page 100 of 138 Page 101 of 138 Page 102 of 138 Page 103 of 138 Page 104 of 138 Page 105 of 138 Page 106 of 138 Page 107 of 138 Page 108 of 138 Page 109 of 138 Page 110 of 138 Page 111 of 138 Page 112 of 138 Page 113 of 138 Page 114 of 138 Page 115 of 138 Page 116 of 138 Page 117 of 138 Page 118 of 138 Page 119 of 138 Page 120 of 138 Page 121 of 138 Page 122 of 138 Page 123 of 138 Page 124 of 138 Page 125 of 138 Page 126 of 138 Page 127 of 138 1/13/2025 Pasco City Council Workshop Meeting Pa g e 1 2 8 o f 1 3 8 Change Order No. 12 for the West Pasco Water Treatment Plant Ph 2 1/13/2025 Pasco City Council Pa g e 1 2 9 o f 1 3 8 •Overview of Project •Addition of new Booster Pump Station •Addition of 3 MW Generator •Additional Intake Pumps and Electrical •Site Work •This project allows full buildout and redundancy of 12 Million Gallons per Day (MGD) and prepares for full 18 MGD buildout. •Project is Approximately 90% Complete •Currently approaching testing in Late February / Early March 3 West Pasco Water Treatment Plant Ph 2 Project Overview Pa g e 1 3 0 o f 1 3 8 4 West Pasco Water Treatment Plant Ph 2 Project Overview Pa g e 1 3 1 o f 1 3 8 West Pasco Water Treatment Plant Phase 2 Construction Costs 5 CONSTRUCTION COSTS Engineer’s Estimate $13,606,000.00 Bid Award $10,359,218.70 Change Orders 1-11 $613,756.32 (5.92%) Change Order No. 12 $170,581.24 (+1.65%) New Total Agreement $11,143,150.38 Pa g e 1 3 2 o f 1 3 8 Proposed Change Order No. 12 6 The proposed Change Order No. 12: adds $170,581.24 to the project and brings the total construction contract to $11,143,556.26. The details of proposed Contractor Proposal Requests (CPR) within Change Order No. 12 are shown below: •CPR 010 (CD#8) – Field verification of pump column location and bracing. •CPR 023 (CD#10B) – Air gap retrofit. •CPR 024 (CD#13) – Permanent backup power connection. •CPR 025 (RFI#22) – Dewatering of wet well. Each CPR was verified to be needed and negotiated with the Contractor. They were found to be reasonable by both City Staff and the Consultant. Staff recommend approval of Change Order No. 12 Pa g e 1 3 3 o f 1 3 8 Pa g e 1 3 4 o f 1 3 8 CHANGE ORDER HISTORY - WPWTP Improvements Phase 2 • Change Order No. 1 - Electrical Changes ($11,911.54): o Additional power conduit and disconnect required for each roll up door.  Executed by Public Works Director • Change Order No. 2 - Voided • Change Order No. 3 & 4 - Intake Pump Station Changes and Clearwell Drain Vault ($10,859.01): o CPR 003 – Modifications of the motor thermal protection adding missed in Spec 11.20. o CPR 004 – Provides a flood sensor/switch to the Clearwell drain vault (DCVA Vault).  Executed by Public Works Director • Change Order No. 5 - Asphalt Paving ($76,230.00): o Asphalt Paving was shifted from Phase 1 to avoid having to break up asphalt for Phase 2 utilities to patch it up again.  Executed by City Manager • Change Order No. 6 - Miscellaneous ($371,111.01): o CPR 005 – Fuel tank and switchgear location revision. This work includes corrosion- resistant hardware and coatings, and heat tracing of the chemical injection lines. o CPR 006R1 – Additional work included for power and fuel lines, excavation for sumps, fuel line piping & sensors installation assistance, and additional paving.  Approved by Council via Resolution No. 4354. • Change Order No. 7 - Intake Pump Station Electrical Changes ($4,969.96): o CPR 009R1 – Changes the City’s Intake Pump Station breaker and feeder sizes to match the approved VFDs. The original design was based on larger wiring for one VFD, and a smaller wiring for the other VFD. Existing conduit sizes are not impacted. We confirmed this cost includes a credit for the reduction in breaker and feeder sizes needed for the approved 150 HP motor.  Executed by Public Works Director • Change Order No. 8 - PH and ORP Sensor Changes ($8,986.65): o CPR 011R2 – Changing the designed pH and ORP probes with different probes more appropriate for the configuration.  Executed by Public Works Director • Change Order No. 9 - Zone 1 Flowmeter Bypass Vault Piping Changes & Tax Increase ($28,174.66): o CPR 015 - This change modifies the Zone 1 flowmeter vault bypass piping. The Design included 3 ea. 14" foster adapter connections between 14" tees and 14" butterfly valves. We have learned during construction that the standard 14” MJ bolt pattern results in bolt clocking that interferes with the butterfly valve stem when paired with a foster adapter, preventing installation at the appropriate angle for a valve can. o Apollo, Inc. was made aware by the City of Pasco that the Washington State sales tax rate for this project is to increase from 8.7% to 8.9% for work performed after January 1, 2023. This only formally changes the original contract price from $10,359,218.70 to $10,378,865.36.  Executed by City Manager • Change Order No. 10 - Chemical Metering Pump System Upgrades ($41,729.51): Page 135 of 138 o This change modifies the proposed metering pumps with stroke length actuators and provides custom control panels to match their existing equipment. The original design had opted for modernized metering pump controls; however, the City has requested that the Phase 2 metering pump control panels match their existing equipment which is no longer readily available, so this CPR includes costs associated with retrofitting City supplied spare control panels and stroke length actuators, and all associated electrical work.  Executed by City Manager • Change Order No. 11 - Multiple CPR's addressing changes and found conditions ($59,783.98): o CPR 012 (CD #9) - Sample Taps: Relocation and improvement of water quality analyzer sample taps and flushing port. Part of this work has already been performed. ($2,813.83) o CPR 014 (CD #10A) - Clearwell Overflow Screen: Procurement, fabrication, and installation of new clearwell overflow screen to allow for City to modify the air gap to 48” in the future if they elect to do so. NOTE: this change only adds a proper screen to the overflow, and does not modify the air gap distance. The proposed screen is a two- part screen with a total of 60”, intended to be able to be used if the overflow piping is modified to provide a 2xDiameter air gap in the future. ($10,843.10) o CPR 017 (CD #11) - Recycle Bypass Line: Installation of recycle bypass piping and conduits for future installation of electrically actuated valves on recycle bypass line. Installation of this piping is critical to allowing paving to proceed this fall without shutting down the plant. ($16,944.02) o CPR 018 – Finished Water Tie-in Piping Configuration Changes: Material cost two additional long body sleeves to facilitate timely Zone 1 transmission main for tie in and minimize driveway down time. This work has already been performed. ($5,844.76) o CPR 019 - Additional site paving to include the remainder of the sites poor asphalt, so that further damage to existing or damage to new asphalt can be mitigated. This also allows for better stormwater flow for the site. ($18,452.34) Administrative Correction - CO8 subtracted $406.18 to the previous change order contract amount. This does not effect pay, but corrects the previous change order contract amount that is listed below, by adding the $406.18.  Executed by City Manager Page 136 of 138 Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure. City Council Goals QUALITY OF LIFE 2024-2025 Enhance the long-term viability, value, and service levels of services and programs. FINANCIAL SUSTAINABILITY Promote a highly functional multi-modal transportation system. COMMUNITY TRANSPORTATION NETWORK Implement targeted strategies to reduce crime through strategic investments in infrastructure, staffing, and equipment. COMMUNITY SAFETY Promote and encourage economic vitality. ECONOMIC VITALITY Identify opportunities to enhance City of Pasco identity, cohesion, and image. CITY IDENTITY Page 137 of 138 METAS DEL CONCEJO MUNICIPAL 2024-2025 Promover una alta calidad de vida a través de programas, servicios y inversion apropiada y reinversión en la comunidad infraestructura comunitaria. CALIDAD DE VIDA Promover viabilidad financiera a largo plazo, valor, y niveles de calidad de los servicios y programas. SOSTENIBIILIDAD FINANCIERA Promover un sistema de transporte multimodal altamente funcional. RED DE TRANSPORTE DE LA COMUNIDAD Implementar estrategias específicas para reducir la delincuencia por medios de inversiones estratégicas en infraestructura, personal y equipo. SEGURIDAD DE NUESTRA COMUNIDAD Promover y fomentar vitalidad económica. VITALIDAD ECONOMICA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen. IDENTIDAD COMUNITARIA Page 138 of 138