HomeMy WebLinkAbout2012.11.13 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 6:00 p.m. November 13, 2012
Please note that our Council meeting will take place on Tuesday, November 13.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4, ITEMS FOR DISCUSSION:
(a) 2013 Budget Presentation (approximately 90 minutes). (NO WRITTEN MATERIAL ON
AGENDA). 2013 Preliminary Budget available for public review at the Pasco Library and on
the City's webpage at www.]2asco- wa.gov.
(b) 2013 Property Tax Levy Report:
1. Agenda Report from Dunyele Mason, Finance Manager dated November 5, 2012.
2. Assessed Value History Chart.
3. Tax Levy Rate History Chart.
4. Summary of Options.
5. Proposed Ordinance for the 2013 Ad Valorem Tax.
6. Proposed Ordinance Preserving Property Tax Levy Capacity.
(c) Zoning Determination - Riverview Annexation Area #2 (City of Pasco) (MF #ZD2012 -001):
1. Agenda Report from Dave McDonald, City Planner dated November 7, 2012,
2. Recommended Zoning Map.
3. Proposed Ordinance.
4. Planning Commission Report.
5. Planning Commission Minutes dated 10/18/12.
(d) Agreement for Joint use of County Facility, Municipal Court:
1. Agenda Report from Gary Crutchfield, City Manager dated October 30, 2012.
2. Proposed Agreement.
3. Joint Resolution -City Resolution No. 3170.
4. Project Facility Costs.
(e) Oregon Avenue Corridor:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 2, 2012.
2. Vicinity Map.
3. Scope of Work.*
4. Proposed Agreement.*
(* Documents are in Council packets only; copy available for public review in the Public
Works office, the Pasco Library or on the City's webpage at www.pasco-
wa.gov/citycouncilrepo rts).
(f) Bargaining Contract for Uniformed Police Department Represented Employees:
1. Agenda Report from Lynne Jackson, Human Resources Manager dated November 7, 2012.
2. Proposed Collective Bargaining Agreement.
5, OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
Workshop Meeting 2 November 13, 2012
1. 12:00 p.m., Tuesday, November 13, Pasco Red Lion — Pasco Chamber of Commerce Membership
Luncheon. (Moe Davari, Project Engineer with the Washington State Department of Transportation,
will recap all of the region's road improvement projects. Mr. Davari will also highlight a wide range
of potential improvements to address mobility, enhance safety, and promote economic vitality along
the 395, I -182 corridor.)
2. 2:00 p.m., Tuesday, November 13, BF Health Department, Kennewick — Continuum of Care Task
Force Meeting. (COUNCILMEMBER AL YENNEY)
3. 4:00 p.m., Thursday, November 15, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
4. 11:30 a.m., Friday, November 16, El Chapala, Kennewick — Benton - Franklin Council of
Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK,
Alt.)
AGENDA REPORT
FOR: City Council!
TO: Gary Crutchfi Manager
Rick Term A tr tive & Co Services Director
FROM: Dunyele Mason, Financial Services Manag ~
SUBJECT: 2013 Property Tax Levy — Report
I. REFERENCE(S):
1. Assessed Value History Chart
2. Tax Levy Rate History Chart
3. Summary of Options
4. Proposed Ordinance for the 2013 Ad Valorem Tax
5. Proposed Ordinance Preserving Property Tax Levy Capacity
November 5, 2012
Workshop Mtg. 11/13/12
Regular Mtg.: 11/19/10
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11/14 Discussion
11/21 Public Hearing
Motion: I move to adopt Ordinance No providing for the 2013 Ad
Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation
Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds.
Motion: I move to adopt Ordinance No. preserving property tax levy
capacity for fiscal years after 2013 in accordance with State law.
III. HISTORY AND FACTS BRIEF:
The maximum allowed levy rate, per State statute, that the city can levy (per $1,000 of assessed
value) is $3.60. The last time Pasco's levy rate was near that number was in 1994. From 1994
through 1999, the levy rate was reduced by not levying any of the allowable 6% increase
available at that time.
In November 1999, the legislature reduced the Motor Vehicle Excise Tax (MVET) to $30 per
vehicle. To compensate for this loss, Council elected to use most of the unused or banked levy
capacity. The levy rate for 2000 taxes was set at $3.07 per $1,000 of assessed value — still well
below the $3.60 maximum.
In 2001, the voters approved Initiative 747, limiting the amount taxing districts could raise the
property tax levy over the previous year by the lesser of 101% or the Implicit Price Deflator
(IPD), without voter approval. In November 2007, that initiative was challenged and ruled
unconstitutional in the Washington State Supreme Court; that decision returned the limit to the
lesser of 6% or IPD. Council chose not to increase the 2008 property tax levy rate by any
allowable legal limit.
In January 2008, the legislature placed into law those limits (suggested by I -747). The legal limit
was to be the lesser of 1% or IPD; this limit is still in effect today. IPD is a national inflation
indicator much like the Consumer Price Index. The IPD figure to be used for the 2013 tax
calculation is 1.295 %.
The preliminary budget document has been prepared using an estimated property tax levy of
$6,400,000 which is less than Option 1 and Option 2 as can be seen in the attached Summary of
Options. Option 1 reflects an increase of $63,279 allowed by the 101% limit while Option 2
retains 100% of the 2011 levy. Option 3 shows the maximum amount the City could collect if
Council chose to levy all prior property tax authority that has been preserved for future use
(according to the State Department of Revenue calculations).
4(b)
Pasco has been holding steady and been buffered from the worst of the poor overall economic
conditions that affect other parts of the country. The State of Washington's economic challenges
could negatively affect 2013's outcomes if revenue sources from the state are sharply curtailed.
The 2013 budget anticipates cuts in certain state shared revenues and liquor tax distributions. It
includes the first full year of the voter approved Public Safety Tax which became effective April
2012. Overall major tax revenues for 2013 are projected to hold steady with 2012 year end
estimates.
Pasco has been fortunate in using conservative budgeting practices which has resulted in stable
fund balances to prepare the 2013 budget. Staff is projecting a $7.6 million beginning fund
balance and a $4.7 million ending fund balance in the General Fund for next year. The decreases
in fund balance in both 2012 and 2013 are predominately due to one -time investments in capital.
Notably the 2013 budget calls for a 2.3 million dollar cash payment of the Municipal Court
building project. Paying cash as compared to a 20 year debt service payment for the Municipal
Court project is estimated to save the Pasco citizens over 1 million dollars of interest payments.
The property tax levy for 2013 will be comprised of the following three elements:
1. General Property Tax Levy
2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service
3. 2002 Unlimited Tax General Obligation Refunding (1993) Bonds Debt Service
The City is required to certify property tax levies with the County by November 30 of each year.
IV. DISCUSSION:
The Franklin County Assessor has provided a preliminary assessed valuation of $3,316,066,032
which is used to calculate the 2013 property taxes. This amount includes new construction of
$99,251,700 and increase in the State assessed utilities values of $0. There were no annexations
of property before the cutoff date of March 31s`. The Franklin County Assessor's Office now
re- assesses all properties in the County each year.
GENERAL PROPERTY TAX LEVY
Several options for setting the 2013 levy are outlined as follows:
Option 1:
Since the IPD of 1.259% is greater than 1 %, last year's levy would be increased by the allowed
1% of $63,279 plus the value of new construction, new annexations and any increases in State
Assessed Utility values at last year's rate and adding those numbers to last year's total levy.
• 2012 (prior year) Total General Property Tax Levy ................. .....................$6,327,851
■ 1% increase in the levy rate based on the allowable maximum increase amount
(lesser of IPD or 1 %) ................................... ............................... ........................$63,279
New Construction Values of $99,251,700 using the 2011 (prior year) rate of
$1.968362/$1,000 Assessed Value ............. ............................... .......................$164,663
■ New Annexation Values of $0 using the 2011 (prior year) rate of $1.968362/$1,000
AssessedValue ................................................................................ ..............................0
■ Increase in the State Assessed Utilities of $0 using the 2011 rate of $1.968362/$1,000
AssessedValue .............................................................. ............................... $0
Total Proposed 2013 Levy $695557792
A 2013 General Levy of $6,555,792 using the assessed value of $3,316,066,032 calculates to a
levy rate of $1.97698 per $1,000 of assessed value. Under this option, the 2013 levy rate would
be approximately $0.009 per $1,000 more than the 2012 rate of $1.968362
Option 2•
Council could choose not to assess the 1% allowed and there would be no increase from 2012 to
2013's levy except to add increased value related to new construction, annexations and the
changes in the value of State assessed utilities. This would set the levy rate at $1.95790 per
$1,000 of assessed value. The decrease in the levy rate of $0.01046 is a function of changes in
the assessed value between 2012 and 2013. Using Option 2, the 2013 total General Property Tax
Levy would be $6,492,514. Under Option 2, the 2013 General Property Tax "base" levy would
remain unchanged at $6,327,851 compared to the $63,279 increase as described in Option 1.
Option 3•
Beginning in 1993 and continuing through 2012, the City has preserved its accumulated taxing
capacity of $7,929,768. If the City was to levy all of the tax available in Option 3 and choose to
levy all the preserved levy capacity, the general levy would increase to $8,173,728. The levy
rate would calculate to $2.46489 per $1,000 of assessed value, still well below the maximum rate
allowed per State statute of $3.60 per $1,000 of assessed value. Selecting this option would
require a "super majority" vote of the Council, or five affirmative votes.
PRESERVING FUTURE LEVY CAPACITY
Preserved levy capacity, also referred to as "banked" levy capacity, is NOT money that has been
put into a bank account. It is merely capacity that has not been levied and, therefore, dollars left
in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity
to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax
levy at the maximum level permitted under this chapter, and to protect the future levy capacity of
a taxing district that reduces its tax levy below the level that it otherwise could impose under this
chapter, by removing the adverse consequences to future levy capacities resulting from such levy
reductions." This simply means if the tax is not needed, a City does not have to set the levy at
the maximum amount. The City can reserve that resource for future use. Preserving any unused
levy capacity requires a "super majority" vote of the Council.
A preservation ordinance has been prepared should any unused levy capacity be available to
preserve. If council enacts Option 2, then the banked levy capacity for future years would be
$1,681,214 which is highest lawful levy amount of $8,173,728 less the actual levy amount of
$6,492,514.
1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE
The 2013 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the
Library Remodel and Fire Station Relocation is $61,106 and $77,394, respectively. Staff
recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts.
The two numbers are not combined because they appeared on the official ballot separately when
voted upon. The county assessor's office requires we set these levies separately.
The estimated assessed value for properties subject to the tax is $2,800,606,866; this will result
in levy rates of approximately $0.0218 and $0.0276 respectively, or a combined levy rate of
$0.0494. The 2012 levy rates were $0.0229 and $0.0290, respectively, or $0.0519 combined.
The schedule of payments calls for principal payments of $100,000 each year. This will result in
decreased levy rates for the remaining payment schedule as the interest portion declines. The
final payment for these bonds occurs in December 2019.
2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS
The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993
General Obligation Bonds to take advantage of lower interest rates available and save the
taxpayer's money. The debt service requirements in 2013 for the 2002 UTGO Refunding Bonds
is $379,600 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax
levy rate be set at that dollar amount. The assessed value for properties subject to the tax is
estimated at $2,507,380,822. This equates to a levy rate of $0.1514 per $1,000 of assessed
value. This is a slightly lower rate compared to the 2012 levy rate of $0.1521. The final
payment for these bonds occurs December 1, 2013.
2013 SUMMARY OF OPTIONS
Assessed value (including New Construction, Annexations & Utilities) $ 3,316,066,032
OPTION 1
Prior Year Total General Property Tax Levy $ 6;327,851
1.000% 1% or IPD - Increase in
the levy rate based on the
63,279
allowable maximum increase amount
6,327,851
(Lesser of IPD 1.295%
or 1%)
1%
New Construction Values of
$ 8356545800
0
at the 2012 rate of
$ 1.968362 per
$1,000
164,663
of Assessed Value
$
Annexation Values of $ -
79,298
at the 2012 rate of
$ 1.968362 per
$1,000
0
of Assessed Value
$
Increase in the State Assessed Utilities
at the 2012 rate of
$ 1.968362 per
$1,000
0
of Assessed Value
Levy rate of $ 1.97698 per $1,000 of Total Assessed Value
OPTION 2
Prior Year Total General Property Tax Levy
IPD - No Increase of I % in the levy rate
New Construction Values of $ 83,6541800
at the 2012 rate of $ 1.968362 per $1,000
of Assessed Value
Annexation Values of $
at the 2012 rate of $ 1.968362 per $1,000
of Assessed Value
Increase in the State Assessed Utilities $ -
at the 2012 rate of $ 1.968362 per $1,000
of Assessed Value
Levy rate of $ 1.95790 per $1,000 of Total Assessed Value
OPTION 3
Highest Lawful Levy from Previous Years
Declare substantial need and increase highest allowed by 1%
New Construction Values of $ 831654,800
at the 2012 rate of $ 1.968362 per $1,000
of Assessed Value
Annexation Values of $
at the 2012 rate of $ 1.968362 per $1,000
of Assessed Value
Increase in the State Assessed Utilities $ -
at the 2012 rate of $ 1.968362 per $1,000
of Assessed Value
Levy rate of $ 2.46489 per $1,000 of Total Assessed Value
$
695559792
$
6,327,851
0
164,663
0
0
$
694929514
$
7,929,768
79,298
164,663
0
0
$
81173,729
\ \SOL02 \Finance\A FINANCE MANAGER \BUDGET- Working Files \PROPERTY TAX\2013 Taxes Levied in 2012\2013 SUMMARY OF
10/24/2012 5:18 PM OPTIONS.xlsx
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE 2013 AD VALOREM TAX LEVY, A LEVY
FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY
FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE
CITY OF PASCO IN ACCORDANCE WITH STATE LAW,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
§1. The City Council of the City of Pasco (the population of which is greater than 10,000)
has met and considered its budget for the calendar year 2012;
§2. The City Council of the City of Pasco after public hearing and after duly considering
all relevant evidence and testimony presented, determined that the City of Pasco requires a
regular levy in the amount of $6,492,514, which does NOT include any of the allowable
percentage increase in property tax revenues from the previous year, and does include amounts
resulting from the addition of new construction and improvements to property and any increases
in the value of state - assessed property, and amounts authorized by law as a result of any
annexations that have occurred and refunds made, in order to discharge the expected expenses
and obligations of the district.
RCW 84.55.120 requires a specific statement regarding the amount of any increase in
regular property tax from the previous year. The actual general levy amount from the previous
year (2012) was $6,327,851. The City Council of the City of Pasco hereby authorizes the
following increase in the regular property tax levy to be collected in the 2013 tax year. The
dollar amount of the increase over the actual levy amount from the previous year shall be $0
(ZERO) which is a percentage INCREASE of 0% (ZERO PERCENT) from the previous year.
This increase is exclusive of additional revenue resulting from the addition of new construction
and improvements, newly constructed wind turbines to property, any increase in the value of
state assessed property, and any additional amounts resulting from any annexations that have
occurred and refunds made.
The property tax from new construction to be included in the actual levy is calculated to
be $164,663. This number is the result of the amount of new construction and improvements to
property of $83,654,800, provided by the Franklin County Assessor's Office, multiplied by the
2012 (prior year) levy rate of $1.968362 per $1,000 of that value. The property tax from
increased value in State assessed utilities is calculated to be $000. This number is the result of
the increase in value of State assessed utilities of $000 multiplied by the 2012 (prior year) levy
rate of $1.968362 per $1,000. There was no additional amounts resulting from any annexations
that have occurred or refunds made.
§3. A tax for the following sums of money which includes new construction and
annexations to defray the expense and liabilities of the City of Pasco be and the same is hereby
levied for the purposes specified against all taxable property in the City for the fiscal year 2013:
General Expense, including Councilmanic Bond Debt Service $6,492,514
1999 Unlimited Tax General Obligation Bond/Library Remodel 61,106
1999 Unlimited Tax General Obligation Bond /Fire Station 77,394
2002 Unlimited Tax General Obligation Refunding Bonds 379.600
$7,010,614
§4. This Ordinance shall take effect five (5) days after passage and publication.
Adopted by the City Council of the City of Pasco, on this 19th day of November, 2012.
City of Pasco:
Matt Watkins, Mayor
Attest:
Debra L. Clark, City Clerk
Approved As To Form:
Leland B. Kerr, City Attorney
ORDINANCE NO.
AN ORDINANCE PRESERVING THE PROPERTY TAX LEVY
CAPACITY IN THE CITY OF PASCO,' WASHINGTON FOR FISCAL
YEARS AFTER 2012 IN ACCORDANCE WITH STATE LAW.
WHEREAS, to provide the property tax revenues required by the general operating
budget of the City for fiscal year 2013, City Council of the City of Pasco levied property taxes
on all taxable property in the City for collection in fiscal year 2013 in the total amount of
$6,492,514, which dollar amount is the sum of (a) $6,327,851which is the amount of property
taxes levied by the City in fiscal year 2012, plus (b) $0 of the allowable increase of the lesser of
1% or the Implicit Price Deflator (1.295 %), (c) $164,663 which is the amount of additional taxes
at the 2012 (prior year) levy rate of 1.968362 cents per $1,000 of assessed value resulting from
the addition of new construction and improvements to property in the City, plus (d) $0 relating to
property annexed into the City during fiscal year 2012, and (e) $0, which is the amount of
additional taxes at the 2012 (prior year) levy rate of 1.968362 cents per $1,000 of assessed value
resulting from the increase in value of State - assessed utility property in the City; and,
WHEREAS, the City Council of the City desires to preserve in accordance with State
law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property
taxes in future fiscal years after 2013, calculated as if the City in fiscal year 2012 had levied the
full amount allowed by state law upon a finding of substantial need therefore; and
WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser
of 101% or IPD (1.295 %) for the previous year and limit factors of 101% or 106% and IPD for
previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW
84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2013
in a total amount of $8,173,729 (the "full amount allowed by law "), which dollar amount is the
sum of (a) $8,009,066 (the lesser of the amount calculated by multiplying the allowable 2012
property tax levy of $7,929,768 times the limit factor of 101% (the lesser of 101% or IPD or the
$3.60 per $1,000 statutory limitation), plus (b) $164,663, which is the amount of additional taxes
at the 2012 (prior year) levy rate of $1.968362 cents per $1,000 of assessed value resulting from
the addition of new construction and improvements to property in the City, plus (c) $0 for
property annexed into the City during fiscal year, and (d) $0, which is the amount of additional
taxes at the 2012 (prior year) levy rate of $1.968362 cents per $1,000 of assessed value resulting
from the increase in value of State assessed utility; and
WHEREAS, the full amount allowed by law for fiscal year 2013 of $8,173,729 is
$1,681,214 greater than the actual property tax levy of the City for fiscal year 2012 of
$6,492,514 and such excess represents the unused 2013 property tax levy capacity that the City
desires to preserve for future fiscal years after 2012;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council of the City finds and determines that there is substantial
need for the City to preserve, for future fiscal years after 2013, the capacity to levy property
taxes on all taxable property in the City in the amount of $1,681,214, which is equal to the
unused levy capacity of the City for fiscal year 2013. This substantial need includes, without
limitation, the anticipated future requirements for additional property tax revenues that will be
needed for the construction and/or maintenance of roads, streets, bridges and other transportation
facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements
applicable to the City; to provide for potential excess costs of capital facilities; and generally to
meet other substantial future financial requirements of the City.
Section 2. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the
members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public
meeting thereof, this 19th day of November, 2012.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Ex"Oli: 7_O:7 -301TiI
FOR: City Council i November 7, 2012
TO: Gary Crutchfiel , i anager Workshop: 11/13/12
Rick White, / Regular Mtg.: 11/19/12
Community & Economic Development Director �I/�
FROM: Dave McDonald, City Planner
SUBJECT: Zoning Determination — Riverview Annexation Area #2 (City of Pasco) (MF# ZD
2012 -001)
I. REFERENCE(S):
1. Recommended Zoning Map
2. Proposed Ordinance
3. Planning Commission Report
4. Planning Commission Minutes Dated: 10/18/12
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11113: DISCUSSION:
11/19: MOTION: I move to adopt Ordinance No. an Ordinance
establishing R -S -20 and C -I zoning for the Riverview
Annexation Area 42 and, further, to authorize publication by
summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On October 29, 2012 the City Council held a public hearing to consider the
annexation of approximately 608 acres generally south of the FCID Canal between
Road 68 and Road 52. Following the hearing, Ordinance 4077 was adopted causing
the area in question to be annexed on January 1, 2013.
B. As a part of the annexation process the Planning Commission held a public hearing
on October 18, 2012 to develop a recommendation for a zoning designation for the
annexation area. The Planning Commission recommended the annexation area be
zoned R -S -20 and C -1 (Retail Business) as depicted on Reference No. 1.
C. The proposed ordinance reflects R -S -20 and C -1 zoning as recommended by the
Planning Commission.
V. DISCUSSION
A. In developing their recommendation the Planning Commission considered the
Comprehensive Plan and land use patterns before selecting zoning districts that most
closely matched County zoning for the area. As a result most of the area was
recommended for R -S -20 zoning with a minor amount of C -1 zoning along Court
Street. The Planning Commission recommendation contains one deviation from the
County zoning. The County zoning included about 52 acres of R -2 Medium Density
zoning. Much of that R -2 zoning is already developed with single - family homes, or
was conditioned to restrict development to single- family site built homes on 20,000
square foot lots. Essentially those areas were zoned R -2 with R -S -20 development
standards. However, some of the vacant R -2 zoning along Court Street was not
restricted to single - family development but was open to any multi - family development
permitted by the R -2 regulations. To match current development patterns and preserve
the established single - family character of the neighborhood, the Planning Commission
recommended all areas zoned R -2 be zoned R -S -20 upon annexation.
4(c)
ORDINANCE NO,
AN ORDINANCE assigning zoning to certain real property within the City of
Pasco.
WHEREAS, on October 18, 2012, the Planning Commission of the City of Pasco
conducted a public hearing to develop a recommendation for the assignment of zoning to
properties within the area known as Riverview Annexation Area #2; in the event those
properties were incorporated within the City; and
WHEREAS, after conduct of the public hearing, the Planning Commission adopted
findings of fact and recommended that zoning be assigned as depicted on Exhibit No. 1; and
WHEREAS, the recommended zoning is consistent with the Comprehensive Plan of
the City of Pasco and forwards the general welfare of residents within Riverview Annexation
Area #2; and
WHEREAS, a public hearing on the proposed annexation was held on October 29,
2012; and
WHEREAS, on October 29, 2012 Ordinance No. 4077 was adopted which annexed
property contained within the Riverview Annexation Area #2 to the City of Pasco; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the following described areas, situated in Franklin County, Washington
to -wit:
Beginning at the southwest corner of Lot 4, Lamb Estates, said corner being the
TRUE POINT OF BEGINNING; Thence easterly along the south line of Lots 4, 3, 2 and 1 of
Lamb Estates to the intersection with the west right -of -way line of Road 62; Thence easterly
along the easterly projection of the south line of Lot 1, Lamb Estates to the east right -of -way
line of Road 62; Thence northerly along said east right -of -way line to the north line of Lot 8,
Sunflower Estates; Thence easterly along the north line of said Lot 8 to the intersection with
the west right -of -way line of Road 60; Thence easterly along the easterly projection of the
north line of said Lot 8 to the intersection with the east right -of -way line of Road 60; Thence
southerly along the east right -of -way tine of Road 60 to the intersection with the north right -of-
way line of Sylvester Street; Thence easterly along the north right -of -way line of Sylvester
Street to the intersection with the east right -of -way line of Road 52; Thence northerly along
the east right -of -way line of Road 52 to the intersection with the easterly projection of the
1
south right -of -way line of West Agate Street; Thence westerly along the easterly projection of
the south right -of -way line of West Agate Street to west right -of -way line of Road 52; Thence
westerly along the south right -of -way line of West Agate Street to the northwest corner of Lot
7, Farrell Addition said northwest corner being on the east line of the west half of the southeast
quarter of the southeast quarter of Section 22, Township 9, North, Range 29 East W.M.;
Thence northerly along the east line of west half of the southeast quarter of the southeast
quarter of Section 22, Township 9, North, Range 29 East W.M to the intersection with the
northeast corner of Lot 4, Bales Place; Thence westerly along the north line of Lots, 4, 3, 2,
and 1 of Bales Place to the intersection with the east right -of -way line of Road 56; Thence
northerly along the east right -of -way line of Road 56 to the intersection with the easterly
projection of the north line of Lot 1, Block 2, Jensen Estates; Thence westerly along the
easterly projection of the north line of said Lot 1 to the intersection with the west right -of -way
line of Road 56; Thence northerly along the west right -of -way line of Road 56 to the
intersection with the easterly projection of the south line of Lot 13, Park Knoll Subdivision;
Thence easterly along the easterly projection of said Lot 13, to the point on the north right -of-
way line of West Wernett Road said point being 89.71 feet west of the southeast corner of Lot
40, Park Knoll Subdivision; Thence easterly along the north right -of -way line of West
Wernett Road to the intersection with a point on the north right -of -way line of West Wernett
Road said point being 101.28 feet east of the southwest corner of Lot 1, Diamond Ridge;
Thence along a 25 foot radius to the left having an arc distance of 38.81 feet and a central
angle of 88 degrees, 57 minutes, and 2 seconds to a point on the west right -of -way line of
Road 52 said point being 174.49 feet south of the northeast comer of said Lot 1; Thence
northerly along the west right -of -way line of Road 52 to a point on said right -of -way being
245.23 feet north of the southeast corner of Lot 2, Short Plat 2008 -13; Thence along a 25 foot
radius to the left having an are distance of 39.75 feet and a central angle of 91 degrees, 05
minutes and 31 seconds to a point on the south right -of -way line of Richardson Road, said
point being 155.12 feet east of the northwest corner of Lot 2, Short Plat 2008 -13; Thence
westerly along the south right -of -way line of Richardson Road to a point 223.49 feet west of
the northeast comer of Lot 9, Diamond Ridge; Thence north to the north right -of -way line of
Richardson Road; Thence westerly along the north right -of -way line of Richardson Road to
the intersection with the southerly projection of Lot 7, Riverhills Addition; Thence northerly
along the southerly projection of said Lot 7, to the southeast corner of said Lot 7; Thence
northerly along the east line of said Lot 7, and northerly along the east line of Lot 5, Riverhills
Addition to the south right -of -way line of West Livingston Road; Thence northerly along the
northerly projection of the east line of said Lot 5, to a point on the north right -of -way line of
West Livingston Road, said point being the southeast corner of Lot 3, Riverhills Addition;
Thence northerly along the east line of said Lot 3, and northerly along the east line of Lot 1,
Riverhills Addition to the south right -of -way line of West Dradie Street; Thence northerly
along the northerly projection of said Lot 1, to the intersection with the northwest corner of Lot
1, Short Plat 76 -23, said northwest corner being on the south right -of -way line of West Dradie
2
Street; Thence easterly along the south right -of -way line of West Dradie Street to the
intersection with the southerly projection of the east line of Lot 1, Bosch Estates II; Thence
northerly along the southerly projection of said Lot 1 to the southeast corner of said Lot 1:
Thence northerly along the east line of said Lot 1 and the east line of Lots 2, 3, and 4 Bosch
Estates II to the south right -of -way line of West Argent Road; Thence northerly along the
northerly projection of the east line of Lot 4, Bosch Estates to the north line of West Argent
Road; Thence easterly along the north right -of -way line of Argent Road to the intersection
with the east line of Section 15, Township 9 North, Range 29 East W.M.; Thence northerly
along the east line of said Section 15 to the south right -of -way line of the Franklin County
Irrigation District No. 1 canal; Thence westerly along the south line of said irrigation canal
right -of -way to the intersection with northeast corner of Lot 2, Binding Site Plan 2006 -06.
Thence southerly along the east line of said Lot 2 to the north right -of -way line of West Argent
Road; Thence easterly along the north right -of -way line of West Argent Road to the
intersection with the northerly projection of the east line of the North 210' of East 150' of the
east half of the northeast quarter of the northwest quarter of the northwest quarter of Section
22, Township 9 North, Range 29 East, W.M.; Thence southerly along the northerly projection
of said east line to the south right -of -way line of West Argent Road; Thence easterly along the
south line of West Argent Road to the intersection with the northerly projection of the west
line of Lot 1, Quail Run; Thence southerly along said northerly projection to a point on the
east right -of -way line of Road 64 said point being 221.81 feet from the southwest corner of
said Lot 1; Thence southerly along the east right -of -way line of Road 64 to the intersection
with the southwest corner of Lot 4, Quail Run; Thence easterly along the south line of said
Lot 4 and easterly along the south line of Lot 5, Quail Run to the southwest corner of Lot 5,
Shaundee Estates; Thence easterly along the south line of said Lot 5, to the intersection with
the west right -of -way line of Road 61; Thence easterly along the easterly projection of the
south line of said Lot 5 to the southwest corner of Lot 6, Shaundee Estates; Thence easterly
along the south line of said Lot 6 and easterly along the south line of Lot 7, Shaundee Estates
to the west right -of -way line of Road 60; Thence northerly along the west right -of -way line of
Road 60 to the intersection with a point on the west right -of -way line of Road 60 said point
being 115.73 feet north of the southeast corner of Lot 10, Shaundee Estates; Thence easterly
to the east right -of -way line of Road 60; thence northerly along the east right -of -way line of
Road 60 to the south right -of -way line of West Argent Road; Thence easterly along the south
right -of -way line of West Argent Road to the intersection with a line 825 east of the west line
of the northwest quarter of the northeast quarter of Section 22, Township 9 North, Range 29
East W.M.; Thence southerly along said line to the intersection with the westerly projection of
the south line of Lot 4, Bosch Estates said intersection being on the west right -of -way line of
Road 57; Thence southerly along the west right -of -way line of Road 57 to the intersection
with the south line of the northwest quarter of the northeast quarter of Section 22, Township 9
North, Range 29 East W.M.; Thence westerly along said south line to the west right -of -way
line of Road 57; Thence southerly along the west right -of -way line of Road 57 to the
intersection with the north line of Lot 1, Short Plat 2000 -09; Thence westerly along the north
3
line of said Lot 1 to the intersection with the northeast corner of a parcel described as follows:
The south 594.16 feet of the west 227.73 feet of the east 495 feet of the west 825 feet of
southeast quarter of the northwest quarter of Section 22, Township 9 North, Range 29 East
W.M., except 30 feet for Wernett Road; Thence westerly along the north line of said
described parcel to the northwest corner thereof, Thence southerly along the west line of said
described parcel to the intersection with the northeast corner of Lot 1, Short Plat 76 -9;
Thence westerly along the north line of said Lot 1 to the east right -of —way line of Road 60;
Thence westerly along the westerly projection of the north line of said Lot 1 to the intersection
with the west right -of -way line of Road 60; Thence northerly along the west right -of -way line
of Road 60 to the intersection with the northeast corner of Lot 6, Block 2, Deschane's
Subdivision the same being the intersection of Road 60 and West Richardson Road; Thence
westerly along the south right -of -way line of West Richardson Road to a point on the north
line of Lot 1, Block 1 Buttercreek Estates Phase I said point being 133.70 feet west of the
northeast corner of said Lot 1; Thence along a 25 foot radius to the left having an are distance
of 38.68 feet and a central angle of 88 degrees, 39 minutes, and 10 seconds to a point on the
east right -of -way line of Road 68 said point being 127.66 feet north of the southwest corner of
said Lot 1; Thence southerly along the east right -of -way line of Road 68 to the intersection
with the westerly projection of the south line of Buttercreek Estates Phase 2; Thence easterly
along said westerly projection and along the south line of Buttercreek Estates Phase 2 to the
east line of Buttercreek Estates Phase 2; Thence southerly bearing south 00 degrees, 47
minutes and 36 seconds west for a distance of 15 feet; Thence easterly bearing north 89
degrees, 36 minutes and 44 seconds to the intersection with the east right -of -way line of Road
64; Thence southerly along the east right -of -way line of Road 64 to the intersection with the
westerly projection of the north line of Binding Site Plan 2001 -05; Thence easterly along the
westerly projection of the north line of said Binding Site Plan to the east right -of -way line of
Road 64; Thence southerly along the east right -of -way line of Road 64 to the point of
beginning; EXCEPT Lots 1, 2, 3 and 4, Binding Site Plan 2001 -05; Lots 1 and 2, Short Plat
2002 -02 Short Plat 2002 -02; Lamb Estates Lot 26; Hannah Meadows Lot 1, and that portion of
Tract 3 -C of the west % of the southeast '/4 of the southwest '/4 of Section 22, Township 9
North, Range 29 East, lying south of the extended centerline of Agate Street as depicted in the
map attached hereto and labeled Exhibit "A" be and the same are hereby assigned R -S -20
zoning;
Section
2.
That the following described areas,
situated in Franklin County,
Washington to-
wit:
Lots 1, 2, 3 and 4, Binding Site Plan 2001 -05; Lots 1 and 2, Short Plat 2002 -02, Lamb
Estates Lot 26; Hannah Meadows Lot 1, and that portion of Tract 3 -C of the west '/2 of the
southeast '/4 of the southwest '/4 of Section 22, Township 9 North, Range 29 East, lying south of
the extended centerline of Agate Street as depicted in the map attached hereto and labeled
Exhibit "A" be and the same are hereby assigned C -I zoning.
U1
Section 3. That any and all zoning maps be and the same are hereby amended to
conform to the aforesaid assignment of zoning and as indicated on the map attached hereto as
Exhibit No. "A ".
Section 4. This ordinance shall be in full force and effect on January 1, 2013.
PASSED by the City Council of the City of Pasco this 19th day of November, 2012.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
5
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Exhibit 'A'
Riverview Annexation Area #2 Zoning
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REPORT TO PLANNING COMMISSION'
MASTER FILE NO: (MF# ZD2012 -001) APPLICANT: City of Pasco
ACTION DATE: 10/ 18/2012 PO Box 293
Pasco, WA 99301
BACKGROUND
REQUEST: Develop zoning recommendation for the Riverview Annexation Area #
2.
1) AREA ID:
Area Size
# of
Dwellings
Population
Riverview Area # 2
608 acres
528
1,584
2) UTILITIES: City water lines are located in most streets throughout the
proposed annexation area. City sewer mains are located in Sylvester Street
and in Argent Road.
3) LAND USE AND ZONING: The proposed annexation area is currently zoned
R -S -20, R -2 and C -1 under the County zoning regulations. About 90 percent
of the area (541 acres) is zoned R -S -20 and 8.5 percent (52 acres) is zoned
R -2. Thirty -three acres of the R -2 properties contain concomitant
agreements restricting development to single - family site built construction.
The other 19 acres of R -2 zoning does not contain any restrictions. R -2
zoning permits the development of multi- family structures. The R -2 zoning
is concentrated along Court Street and Road 68. The 13 acres of C -1 zoning
is located between Road 60 and Road 64 fronting Court Street.
4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed
annexation area for low density residential development, mixed residential
and commercial uses.
5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency
for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other information, a
threshold determination resulting in a Determination of Non - Significance
(DNS) has been issued for this project under WAC 197 -11 -158.
ANALYSIS
On October 4, 2012 the City Council approved Resolution 3407 accepting a
Notice of Intent to commence annexation proceeding for a 545 acre area of
Riverview, generally located between Road 68 and Road 52, southerly of the
FCID irrigation Canal. Following acceptance of the Notice and Intent and
prior to Council action on an annexation petition, the Planning Commission
is to hold a zoning determination hearing. The purpose of said hearing is for
the Planning Commission
to
recommend
appropriate
zoning
districts for the
proposed annexation area
in
the event it
may become
part of
the City.
In determining the most appropriate zoning for the annexation area the
Planning Commission needs to consider the existing land uses, development
patterns, current County zoning, policies of the Comprehensive Plan and the
land use designations of the land use map. The Planning Commission also
needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in
developing a zoning recommendation.
Approximately 90 percent of the proposed annexation area is zoned R -S -20
and developed in a low- density suburban fashion. An additional 8.5 percent
of the area is also developed with lower density single - family dwellings on
properties zoned R -2 Medium Density Residential. Thirteen 13 acres of C -1
zoning is concentrated along Court Street between Road 64 and Road 60.
Most of the proposed annexation area is designated in the Comprehensive
Plan for low - density residential development with a band of mixed
residential paralleling Court Street and Road 68, There is also a pocket of
mixed residential/ commercial land set aside more or less near the
intersection of Road 60 and Court Street. The low density areas identify
lands that should be zoned for only low density development while the
mixed residential areas have been set aside to accommodate low density
through medium density development including multi - family units. The
mixed residential/ commercial identify lands that could be zoned for single -
family, multi - family and commercial development.
When comparing the current County zoning to the actual development
patterns there are several anomalies that should be pointed out. Almost all
of the 52 acres zoned R -2 Medium Density Residential has been developed
with low density single - family dwellings. A few parcels still remain vacant.
The R -2 zoning and the County R -2 development patterns are inconsistent
with each other. The R -2 zoning does not fully support the preservation of
the current single - family character of the neighborhoods. R -2 zoning
permits the development of duplexes, tri- plexes and other multi - family
development. There are also four neighborhoods within the proposed
annexation area that are currently zoned R -S -20 but developed with lots
that do not meet the R -S -20 lot size requirements. Neighborhoods in and
around Melville Road, 62 Place and Park Place were permitted by the County
to develop to the R -S -12 standards rather than the R -S -20 standards.
Instead of having the required 20,000 square foot lots these neighborhoods
were developed with 12,500 to 13,500 square foot lots.
A significant portion of the commercially zoned properties have been
developed with greater consistency between the established development
patterns and the current zoning.
The initial
review
criteria for considering
a rezone
application
are explained
in PMC 25.88.030.
Certain
The criteria are listed
below as
follows:
1. The changed conditions in the vicinity which warrant other or additional
zoning:
• The property is located within the Pasco Urban Growth Boundary.
• The property in question may be annexed to the City of Pasco.
• The major change is the annexation of the parcels in question.
Upon annexation the property will need to be zoned.
• The current R -2 zoned properties have been developed with single
family dwellings rather than multi - family dwellings.
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare.
The property may be annexed to the City and will need to be zoned. The
justification for the rezone is the fact that if a zoning designation is not
determined the property could become annexed without a zone. For the
advancement of the general welfare of the community the property needs
to be zoned consistent with the established development patterns.
Eliminating the R -2 zoning in areas that have developed with single -
family homes will protect the existing character and intended nature of
the single - family neighborhoods.
3. The effect rezoning will have on the nature and value of adjoining
property and the Comprehensive Plan.
Zoning the proposed annexation area to reflect the current County
zoning will maintain the current nature and value of the neighborhood
and surrounding areas. Changing those areas currently zoned R -2 and
developed in the County with single - family homes to a low density single -
family zone will provide additional benefits to the neighborhood and will
ensure areas developed with single - family homes will remain as single -
family neighborhoods.
4. The effect on the property owners or owner of the request is not granted.
Without the annexation area being assigned a specific zoning district, the
area will essentially be un -zoned upon annexation. The area needs to be
zoned for the benefit of the property owners and property owners
adjoining the proposed annexation area.
5. The Comprehensive Plan land use designation for the property.
The
Comprehensive Plan designates
much of
the annexation area for
low-
density
residential development.
Certain
properties along Court
Street and Road 68 have been designated in the Plan for mixed
residential development. The mixed residential land use designation
permits the assignment of low density development. The Plan also
identifies areas for commercial development along Court Street. Sixty -
five percent of the commercially zoned properties on Court Street have
been developed
FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings
drawn from the background and analysis section of the staff report. The Planning
Commission may add findings to this listing as the result of factual testimony and
evidence submitted during the open record hearing.
1) The site is within the Pasco Urban Growth Boundary.
2) The Urban Growth Boundary was established by Franklin County in 1994.
3) The property is being proposed for annexation by the end of 2012.
4) The annexation area is identified in the Comprehensive Plan for mainly low -
density residential uses with a band of mixed residential/ commercial uses
along Court Street and Road 68.
5) Mixed residential development includes low density suburban development
through medium density multi - family development.
6) The Comprehensive Plan also identities sites along Court Street between
Road 60 and Road 64 for mixed residential/ commercial development.
7) Approximately 90 percent of the proposed annexation area is zoned R -S -20
8) Fifty -two acres within the proposed annexation area are zoned R -2.
9) Most of the properties zoned R -2 are developed with low density single -
family homes on lots that are 20,000 square feet or larger.
10) R -2 zoning permits the development of duplexes and multi - family dwellings.
11) Thirteen acres within the proposed annexation area are zoned C -1.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission
must develop its conclusions from the findings of fact based upon the criteria
listed in PMC 25.88.060 and determine whether or not:
(1) The proposal is in accord with the goals and policies of the Comprehensive
Plan.
Zoning the properties to reflect the land use designations in the
Comprehensive Plan will cause the proposal to be in accord with the Plan.
(2)
The effect of the
proposal
on the immediate vicinity will not be materially
detrimental.
Retaining low density zoning on those properties developed with low density
single-family homes will preserve the suburban nature of the neighborhood
and will have no material impact on surrounding properties. Rezoning those
areas currently zoned R -2 but developed with single-family homes to a
suburban single-family residential zone will be beneficial to the neighborhood
and surrounding properties. Two parcels along Court Street were approved
by Franklin County for R -2 zoning on May 25, 2011. The County R -2 rezone
was conditioned to prohibit multi family structures. In essence the County
created an R -2 single-family zone. To maintain consistency with the intent of
the County's May 2011 rezone for these two parcels Staff is recommending
the parcels be zoned R -S -20.
(3) There is merit and value in the proposal for the community as a whole.
It is in the best interest of the community and neighborhood to have the
annexation area zoned to support the low density nature of the area. Without
zoning, the value and character of the neighborhood would not be protected or
maintained.
(4) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal.
Zoning the neighborhood consistent with the established development
patterns within the neighborhood will mitigate the impacts of the property not
being zoned upon annexation. If the area was zoned to reflect the land use
designations of the Comprehensive Plan and established densities and
development patterns no additional conditions are needed.
(5) A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.
A concomitant agreement is not needed.
STAFF RECOMMENDATION
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the October 18, 2012 staff report.
MOTION: I move, based on the findings of fact as adopted, the Planning
Commission recommend the City Council zone the Riverview
Annexation Area to R -S -20, R -2 and C -1 as indicated on the zoning
map identified as Exhibit # 1 attached to the October 18, 2012 staff
report.
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PLANNING COMMISSION MINUTES
10/18/2012
C. Zoning Determination Zoning Determination of unincorporated property
located in the Riverview Area IMF# ZD2012 -0011
Chairman Cruz read the master file number and asked for comments from staff.
David McDonald, City Planner, explained that on June 18, 2012 the City Council
adopted a resolution accepting a notice of intent to commence annexation proceedings
for the Riverview Annexation Area #2. The 608 acre area was briefly described as was
the zoning determination process. Mr. McDonald stated the purpose of the hearing
was not to discuss the merits of annexation but only to develop a recommendation for
zoning in the event the area is annexed.
Mr. McDonald discussed the current zoning and land use found within the annexation
area pointing out most of the area (90 percent) is currently zoned R -S -20. About 8 1/2
percent of the area is zoned R -2 (Medium Density Residential) and around 13 acres
between Road 60 and Road 64 are zoned C -1. Most of the C -1 zoning is occupied by
the mini - storage facility on the north side of Court Street, east of Road 64.
When comparing County zoning with the actual land use with in the annexation area
Mr. McDonald stated there were some anomalies the commission should be aware of.
One of the anomalies is the Buttercreek Estates area. Buttercreek Estates was zoned
R -2 by the County but was developed with single - family homes on half acre lots. The
band of R -2 along Court Street is the same way, mostly developed with single - family
homes.
Mr. McDonald explained that zoning the properties R -2 would not provide the
neighborhoods within the annexation area the protection people are looking for with
respect to maintaining the character of the neighborhood. R -2 zoning allows duplexes,
triplexes and fourplexes to be built in addition to single - family homes. A good share of
the R -2 zone within the County is zoned with a concomitant agreement restricting
development to single - family however there are some developments that do not have
agreements in place. There is no or simple or effective way for the City to go back and
institute a concomitant agreement when so many property owners are involved. It was
recommended these areas all be zoned R -S -20
The current County zoning map was reviewed along with a map showing
recommended zoning for the area. Staff proposed zoning most properties R -S -20,
including the Buttercreek Estates area and the other currently zoned R -2. The R -S -20
zone would provide the neighborhood with the protection the neighbors are looking to
retain the current neighborhood character. Staff also recommended retaining some C-
1 zoning along Court Street including the mini- storage properties. There is on small lot
on the south side of Court Street staff recommended be rezoned to R -S -20. The lot is
only 11,000 square feet and not large enough for commercial development.
Commissioner Hilliard asked if staff had heard from the property owner of the parcel
that is currently zoned C -1 that staff is recommending rezoning to residential.
Mr. McDonald stated that he has not.
Commissioner Levin asked if 90 percent of the Riverview Annexation area is R -S -20
and if the recommendation from the City is to keep the same zoning.
Mr. McDonald answered that it is about 90 percent and that the City is recommending
keeping the R -S -20 and rezoning the R -2 areas to R -S -20.
Chairman Cruz stated that everything proposed is intended to keep or lower the
density use.
Mr. McDonald clarified the statement Chairman Cruz made by saying that all of the R-
S-20 zoning will remain and the R -2 areas will be rezoned to RS -20 even the vacant
lots.
Rick White, Community 8v Economic Development Director, stated that with the
County concomitant agreements, those properties zoned R -2 are not only limited to
site built houses on large lots but they also incorporate the standards for animals that
are present in R -S -20 zones
Chairman Cruz stated that the City is recommending low- density zoning consistent
with the current use of the area.
Commissioner Khan asked if the lots smaller than 20,000 square feet would also be
zoned R -S -20.
Mr. McDonald answered they lots would be zoned R -S -20 as a non- conforming lots but
would be legal lots, meaning if the building was damaged it could be rebuilt.
Commissioner Hilliard asked if there have been any duplexes built at this time in
Buttercreek.
Mr. McDonald answered that it is all single - family homes.
Chairman Cruz asked if there is any commercial bias towards expanding the
commercial node at Road 68 and Court Street.
Mr. McDonald answered that Road 68 isn't in the proposed annexation area.
Chairman Cruz asked then if the commercial area in the annexation area would have
large stores, such as Walmart. It is going to be smaller retail, not a large commercial
hub in that area.
Mr. McDonald answered that is correct.
With no further questions from the Planning Commission the public hearing was
opened.
Steven Schlegel, 9304 W. Richardson Road, stated that the proposed zoning seems
proper and maintains the feeling of the area.
Les Litzenberger, 6105 W. Argent Road, spoke in support of the proposed zoning.
Maintaining RS -20 zoning is ideal for the area.
Rick Weiss, 6617 Buttercreek Court, stated that R -S -20 zoning would be great. The
neighborhood was concerned about high -rises being built in a field next to them so the
R -S -20 zone would stop that from happening. Mr. Weiss asked a question about the
process and Planning Commission.
Chairman Cruz answered that the Planning Commission represents the citizens of the
City of Pasco looking at things such as zoning, special permits and codes. The
Planning Commission's recommendation then goes to City Council and they debate
and make the actual decision.
Pam Kelly, 8414 W. Bell Street, stated she did not live in the proposed annexation area
but wanted to voice her support. The proposed zoning looks good but she was
concerned that the zoning would change after the annexation. She asked if it would
be possible for the zoning to change.
Commissioner Anderson answered that he has been through two annexations
personally. In both cases the zoning has remained the way the City had zoned the
area.
Mr. White stated that the City cannot stop a person from requesting a zone change.
However, there would be public hearings that would be well publicized. The goal is to
maintain the character of the neighborhood but staff cannot stop people for applying
for something else.
Leonard Harms, 1705 Road 64, stated that he has been following the annexation
process and was part of the twelve member annexation team that met to look at the
overall comparison between County and City. The proposed zoning was a high level
interest. After the presentation from staff most of the questions have been answered
that he has heard expressed.
Jeff Hendler, 3016 Road 56, asked why 22,000 square feet is required for wells, sewer
and septic tanks since he's been hearing that number. At 20,000 square feet, the
minimum for R -S -20 zoning, that doesn't meet that requirement.
Mr. McDonald answered that the Benton Franklin Health District set the requirement
for septic tanks. Through the platting process developers have to make their lots the
proper sizes for septic tanks. Mr. McDonald also said that 22,000 square feet is also
the minimum for a horse or a cow.
Rick Dunbar, 3112 Chardonnay Drive, voiced concern about the R -S -20 zoning. He
said the City recommends keeping similar zoning as the County but he feels that the
City looks a lot denser than the annexation area. He feels that eventually smaller lots
would be developed in the area if it's annexed. He stated that many people really
wanted the opportunity to vote on annexation.
Chairman Cruz stated that concern was incorrect. The lot sizes would have to remain
20,000 square feet unless someone applied for a change in zoning which would be a
public process advertised with public hearings. The City does not intend to make the
area high density.
Alicia Chabrier, 2909 N. Road 76, asked if the City Council might not take the
recommendation of the Planning Commission.
Chairman Cruz answered sometimes they do not take the recommendations of the
Planning Commission but they are required to consider the testimony developed at the
Planning Commission Meetings in their decision making process.
Mr. McDonald added that of the 22 annexations that have preceded the current one,
there has only been one case where the City Council and the Planning Commission
disagreed on zoning. The Planning Commission recommended R -S -12 and during the
course of the annexation hearing the City Council zoned it R -S -20.
Leonard Harms, 1705 Road 64, spoke on the lot size requirement by the Benton
Franklin Health District. While a half acre is their minimum size, that is net size. If
there are any easements on that property they have to be considered as not part of the
half acre. Oftentimes the lots need to be more than the a half acre because of
irrigation easements and wells.
With no further comments the public hearing was closed.
Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the
findings of fact as contained in the October 18, 2012 staff report. The motion passed
unanimously.
Commissioner Khan moved, seconded by Commissioner Greenaway, based on the
findings of fact as adopted, the Planning Commission recommend the City Council
zone the Riverview Annexation Area to R -S -20, R -2 and C -1 as indicated on the zoning
map identified as Exhibit #1 attached to the October 18, 2012 staff report. The
motion passed unanimously.
AGENDA REPORT
TO: City Council October 30, 2012
FROM: Gary Crutchfie +anager Workshop Mtg.: 11/13/12
k ? Regular Mtg.: 11/19/12
SUBJECT: Agreement for Joint use of County Facility, Municipal Court
I. REFERENCE(S):
1. Proposed Agreement
2. Joint Resolution — City Resolution 3170
3. Projected Facility Costs
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11113: Discussion
11/19: MOTION: I move to approve the Interlocal Agreement with Franklin County
for Joint Use of the County Facility and, further, authorize the
Mayor to sign the Agreement.
III. FISCAL IMPACT:
Costs are summarized in Discussion Paragraph C, below.
IV. HISTORY AND FACTS BRIEF:
A) In November 2011, voters approved a sales tax designated for public safety
purposes, including the improvement, expansion and maintenance of the County
jail. The City's 40 -year pre -paid lease for Municipal Court space in the County
Public Safety Building was due to expire in May 2012. In April, the City and
County agreed to a renewal of the lease agreement (with rent of nearly $41,500
per year, plus expenses of an estimated $32,600 per year), intended to
accommodate the Municipal Court until completion of the new jail project which
includes areas for County Sheriff and Municipal Court. The lease renewal
extends to the completion date of the new facility.
B) Staff from the County and City have been working to draft a long -term agreement
for the City's participation in the new jail construction project with City
occupancy of a portion of the new building for Municipal Court. The County
Commission has approved the agreement (October 24) and staff recommends
approval by the Council.
V. DISCUSSION:
A) The new agreement incorporates the "Principles of Agreement" which were
approved by both parties in June of 2009 as memorialized in City Resolution No.
3170 (attached). Key provisions of the new use agreement are as follows:
• The City will have approximately 10,768 sq. ft. for its exclusive use for the
Court. There will also be approximately 4,954 sq. ft. of joint use area
(restrooms, halls, stairs, etc.) for which the City will pay a proportional share
(1/2) of the construction costs.
• The City will pay for its share of construction costs as such costs are billed
during completion of the project.
• The City will have an 80 -year right to use the facility; with the County's
option, after 40 years, to purchase the City's interest to use the space for
County purposes.
4(d)
As with the past and current practice, the City will continue to pay a
proportional share of operational expenses (custodial, utilities, security, etc.).
B) With the City's approval of the agreement, the County will proceed with
construction of the project (building plans are in the final stages of review). The
City has been able to work with the project architects to design a court facility
which should serve the City's needs for many years. Of particular note is the
inclusion of a second, smaller courtroom in the construction plans. This will
allow greater flexibility for the court as well as providing for the expanded
capacity that maybe required in the future.
C) Estimated costs are summarized as follows:
■ Court Use .............10,768 sq. ft. @ $ 220.......... .....................$2,368,960
• Joint Use ..............4,954 sq. ft. /2
= 2,477 sq. ft. @ $ 230 .......... .......................$569,710
• Other Costs (tax, site work, contingency) .......... .......................$823,328
Total Cost (less furniture, fixtures and equipment).. ........ o .... $3,761,998
D) Payment of the construction costs will be allocated to the PSST, preferably over
the next two -three years (the 2013 draft budget assumes the cash outlay in 2013).
Staff will provide financing alternatives for Council consideration in the coming
weeks, so it is fixed when construction commences.
''viz 36
INTERLOCAL AGREEMENT
BETWEEN
FRANKLIN COUNTY AND THE CITY OF PASCO
FOR JOINT USE OF COUNTY FACILITY AGREEMENT
THIS INTERLOCAL COOPERATIVE AGREEMENT (hereinafter called
"Agreement ") is made and entered into by and between Franklin County (hereinafter called
"County ") and the City of Pasco (hereinafter called "City ") as of 2012, as
authorized by RCW 39.34. The County and the City are hereinafter sometimes collectively
referred to as the "Parties."
WHEREAS, the County has a well - demonstrated need for the expansion and renovation
of the jail facility as part of the Courthouse complex and the need to use the space within the
public safety portion of the Courthouse complex to house the growing demand for the County
services; and
WHEREAS, the City has previously leased a portion of that space for its Municipal Court,
which lease has expired; and
WHEREAS, the City does not have sufficient room nor the facilities to house their
Municipal Court at the Pasco City Hall; and
WHEREAS, the City and the County are, pursuant to RCW 36.64, authorized to enter into
a Joint Use Agreement for the construction and improvement of a common facility to meet the
purposes commonly attributed to a Courthouse and City Hall; and
WHEREAS, as a result of the joint planning between the County and City, an agreement
has been reached and resolutions enacted for the construction of a new facility upon the
Courthouse complex which would provide for the expansion and modernization of the Franklin
County Jail and to provide a location for the City to maintain its Municipal Court services as an
annex to its City Hall; and
WHEREAS, on August 10, 2011 Franklin County Resolution Number 2011 -281 called
for an election on Proposition I imposing a sales and use tax levy for county and cities' criminal
justice and public safety purposes, including for the improvement, expansion, and maintenance of
a county jail and other facilities; and
WHEREAS, approval of such sales and use tax levy would result in additional revenues
of which 60% would be attributed to the County providing sufficient funds for the improvement,
expansion, and maintenance of the County jail facility, as well as most of the remaining 40%
attributed to the City providing sufficient funding for the location of its Municipal Court within
that facility; and
WHEREAS, on November 8, 2011, Proposition 1 was approved by the voters; and
WHEREAS, the approval of Proposition 1 provides the County and City with sufficient
means to finance the construction, operation, and maintenance of a new County jail and facility
for municipal court and other public safety purposes; and
Interlocal Agreement - Page 1 of 12 20 la _3 � ���
WHEREAS, RCW 36.64.020 provides the requirements for a contract which establishes
the process, procedures and conditions by which the County and City will cooperate, in the
construction of this new facility to assure that it meets their joint requirements and appropriately
allocates the cost of construction and the continuing upkeep and maintenance of the property; and
WHEREAS, such an Agreement serves the best interests of the citizens of the City and
the County.
NOW THEREFORE, in consideration of the promises and commitments made herein,
the sufficiency of which is hereby acknowledged, it is agreed as follows:
1. IDENTIFICATION OF PARTIES TO THIS AGREEMENT:
1.1 The County is a political subdivision duly organized and existing under and by
virtue of the laws of the State of Washington with its principal offices located at 1016
North 4 1 Avenue, Pasco, Washington 99301.
1.2 The City is a municipal corporation duly organized and existing under and by
virtue of the laws of the State of Washington with its principal offices located at 525 North
3`a Avenue, Pasco, Washington 99301.
2. JOINT USE OF COUNTY FACILITY:
2.1 The new facility, which for the purposes of this Agreement, shall mean the
building (approximately 25,000 square feet) designed to house the Sheriffs Office
Administrative functions and the City Court Administration functions, and not including
portions of the jail, shall be constructed and located at 1016 North 4th Avenue, Pasco,
Washington, upon real property owned by the County, which property together with all
improvements thereon, shall remain under fee simple ownership by the County, commonly
described as: The block between Fourth and Fifth Avenue north of Margaret Street and
south of Octave Street, in Pasco, Washington, more particularly described as follows:
SYLVESTER PARK ADD BLKS 6 & 73 TOG WITH VAC HENRY S
ADJ & TOG WITH VAC N &S & E &W ALLEYS IN BLK 7 & TOG
WITH VAC OCTAVE ST ADJ ON N AND TOGETHER WITH LOTS
13 THRU 28, BLK 8 AND S10' VAC MARIE ST & TOG WITH VA
ALLEY ADJ
2.2 Occupancy.
a. The City shall have the right of exclusive occupancy of that portion of the
new facility depicted as "City Court Administration Areas" on Attachment A
which is incorporated herein by this reference.
b. The
City shall have the rights
of joint
use and occupancy on those portions
designated as "City /County Joint -Use
Areas"
on Attachment A.
Interlocal Agreement - Page 2 of 12
C. All remaining portions of the new facility, other than common areas
identified as parking lots, sidewalks, public grounds and facilities, shall be within
the exclusive occupancy of the County.
d. Except for the furniture and equipment, as provided in Section 6 below,
utilized to equip its Municipal Court facility, the title to and ownership of the new
facility, together with all underlying and surrounding grounds, and the
appurtenances thereto, shall be and remain in the County.
3. TERM OF OCCUPANCY, USE FOR MUNICIPAL COURT SERVICES, OPTION
TO BUY -OUT, AND TERMINATION OF MUNICIPAL COURT:
3.1 Term of Occupancy. The term of occupancy authorized by this Agreement shall be
for a period of 960 months, calculated as follows, unless terminated sooner per Sections
3.3, or 3.4, or 3.5 below:
a. The City shall have use of the current space it is occupying in the County
Public Safety Building per the terms of Franklin County Resolution No. 2012 -147,
until the City occupies the new facility upon its completion. The anticipated date
for the completion of the new facility is approximately December, 2013. Subject
to the City's payment of its pro -rata share of the construction cost for the new
facility, it shall have exclusive use of those portions of the new facility as set forth
herein until the end of the 960a' month following its initial occupancy. The City
will vacate and relinquish all use of the current space it is occupying upon its
acceptance of occupancy in the new facility.
3.2 Use for Municipal Court Services. The City shall make use of the new facility for
purposes of management and operation of a court of limited jurisdiction as authorized by
City municipal code, Title 3 Revised Code of Washington, and other applicable law
pertaining to courts of limited jurisdiction in the State of Washington. The City's use of
the new facility shall be in compliance with all County policies and procedures that apply
to the facility. Provided, however, such policies and procedures shall not prevent the City
from fulfilling its legal obligations or operations as a Municipal Court.
The day -to -day management and operation of municipal court services within the facility
shall be under the supervision of the City and its designees, all of whom shall be
employees of the City, and subject to all of the personnel policies and procedures of the
City. The City shall provide all management, supervision, personnel, furniture, materials,
equipment, and supplies necessary for its operations and shall take all reasonable
precautions to prevent damage, injury, or loss, by reason of or related to the operation and
maintenance of the facility.
No other uses, activities, or operations shall be conducted by the City from the new facility
without first obtaining the prior written consent of Franklin County's authorized
representative(s), which consent shall not be unreasonably withheld.
3.3 Use Prohibited by Change in Law. In the event at any time during the term of this
Agreement, the City is prevented from using the Premises as a Municipal Court as a result
Interlocal Agreement - Page 3 of 12
of a change in law, regulation or Court Rule which prohibits the City's use, the City shall
provide the County prompt written notification the change in law, regulation or Court
Rule. In the event only the City, but not the County, interprets a change in law, regulation
or Court Rule to prevent the City from using the Premises it shall promptly seek a court
order to stay the effect of such law, regulation or Court Rule and obtain an order from said
court declaring the effect of the change in law, regulation or Court Rule. If each party
interprets such change as preventing the City from using the Premises as a Municipal
Court the parties shall meet in a good faith attempt to solely determine an alternate use of
the Premises by the City, including sublease of the Premises as approved by the County or
such other alternate use as may be agreed between the parties. If after such good faith
negotiations the parties are unable to agree, the dispute regarding alternate use of the
Premises shall be resolved by arbitration as provided in Section 3 of Attachment B to this
Agreement. If at any time the City is prevented from using or occupying the Premises as a
result of a court order, or by agreement of the parties, the City or its County approved
designee shall remain responsible for full payment of the obligations set forth in Section
4.1 and 4.1.a. At no time shall the County be responsible for payment of the obligations
set forth in Section 4.1 and 4. La. Sections 4.1 and 4.1.a. shall survive and remain in effect
any termination of this Agreement except upon a termination as a result of the County's
closed buy -out of the Agreement per Section 3.4 or except upon separate written
agreement between the County and City that carries out a termination permitted by Section
3.5.
3.4 Option to Buy -Out Lease Agreement: Upon the City's occupancy of the new
facility for 480 months the City shall grant the County the following: An exclusive option
to buy -out the City's remaining interest in the Premises, provided the space will be used
for County operations, for a buy -out price to be calculated as the then current appraised
value of the City's interest being purchased subject to straight -line depreciation over the
term of the Agreement as of the effective date the buy -out closes. If after good faith
negotiations the parties are unable to agree on the buy -out price, the dispute shall be
resolved by arbitration as provided in Section 3 of Attachment B to this Agreement. This
option to buy -out serves to allow the County and City the means to make for alternative
occupancy of the new facility should needs change. The option to buy -out may be
exercised at anytime by the County for the remaining 480 months upon the City's 480
months of occupancy. With 36 months notice the County shall issue the City in writing its
intent to exercise the option to buy -out. When exercising the option, the County shall also
deposit with the City the sum of 5% of the buy -out price as a non - refundable deposit
towards the buy -out price of the Agreement. Upon exercise of this option by the County, a
closing shall take place at the end of 36 months notice. In the event this option to buy -out
fails to close the City shall retain the deposit. All expenses relating to the closing of this
option to buy -out shall be borne by the County. The relationship between the City and
County under this Agreement shall remain unchanged unless the option to buy -out closes.
The County agrees to take the necessary steps to secure funding to buy -out this Agreement
within the 36 months notice of exercising the option to buy -out. The City and County
each acknowledge that through mutual negotiation they agree to release in full the other,
and their officials, employees, and agents, from any and all claims, losses, damages, costs,
or fees that may arise in the course of a closed buy -out. This option to buy -out shall not
obligate the County to exercise the option. A closed buy -out as set forth herein shall result
in termination of the Agreement on the date of closing.
Interlocal Agreement - Page 4 of 12
3.5 Agreement for District Court Operation
a. If at any time the City chooses to terminate its Municipal Court and enters into
an agreement with the County for the District Court to perform City Municipal Court
operations or services in the Premises, the parties hereby agree that the City shall not be
charged "rent" or its equivalent, (exclusive of operational costs, i.e. utilities, custodial,
etc.) for any applicable time period as is covered by this agreement, unless the County has
previously exercised its buy -out option pursuant to Section 3.4. Absent separate written
agreement between the County and City, the City shall remain responsible for full payment
of the obligations set forth in Section 4.1 and 4.1 a in the event of a termination per this
Section 3.5. Sections 4.1 and 4.1a shall survive and remain in effect any termination of
this Agreement except upon separate written agreement between the County and City that
carries out a termination permitted by Section 3.5 or except upon a termination as a result
of the County's closed buy -out of the Agreement per Section 3.4.
b. If the City chooses to terminate its Municipal Court, according to law, which
results in an agreement for the District Court to perform City Municipal Court operations
or services, the City shall, unless otherwise specified by statute or agreed to by the
Municipal and District Courts, transfer on or before the effective date of termination all of
its Municipal Court records to the District Court in digital format, except pending cases
which may be transferred in either hardcopy format or digital format.
4. NEW FACILITY CONSTRUCTION FOR CITY OCCUPIED SPACE AND
FINANCING THERETO:
4.1 Scope. The County and the City agree to work together closely to design and build
a new facility to in part be occupied by the City in providing municipal court services. It
is the intention of the parties that the new facility will be built on property owned by the
County. The design and construction of the portion of the new facility to be occupied by
the City in providing municipal court services, and "common areas" directly related
thereto, will be financed solely by the City and be paid solely by the City. The County
shall have final authority over all decisions related to the construction of the building.
a. In consideration for the County providing space designated in Attachment
A within the new facility to be occupied solely by the City through this Agreement, and
the County's close collaboration with the City in the design and construction of the new
facility, the City will pay for the design and construction of the portion of the new facility
to be solely occupied by the City. The total square footage of space in the new facility to
be occupied solely by the City shall be by mutual determination of the County and City.
The City shall also pay a proportional cost of construction of "common areas" of the new
facility which are directly related to the space solely occupied by the City. The City's
payment for design and construction costs of occupied space and a proportional share of
"common areas" shall occur on the same schedule as any applicable payment request is
approved by the County for construction of the new facility and county jail.
b. The portion of the new facility occupied by the City shall be identified by
exterior letter similar to the following:
Interlocal Agreement - Page 5 of 12
City of Pasco Municipal Court
C. The new facility shall be completed, with carpet, paint, electrical, fire
alarms, security systems, heating and air conditioning, window treatments, plumbing
electrical fixtures, and conduits, or in -place cable, provided for telephones, wired or
wireless communication devices, security, video, and computers. The new facility shall
meet all code requirements including applicable requirements of the Americans with
Disabilities Act.
4.2 Design and Construction. The new facility will be sited on the north side of the
current Franklin County Corrections Center. The design and construction of the new
facility shall be in accordance with the plans and specifications as approved by the City
and the County with each party reserving the right to negotiate the design of that portion of
the new facility within their exclusive control and to collaborate on the common area
consistent with the overall design of the new facility. The general design of that portion to
be occupied by the City under this Agreement is designated on Attachment A.
The target date for completion of construction of the new facility is approximately
December, 2013.
5. FACILITY PERSONNEL AND SECURITY CHARGES:
The County shall secure and provide personnel for the maintenance, repair, upkeep and
landscaping, the cost of which are collectively referred to as "facility personnel charges."
The County shall secure and provide Premises security of controlled access to the facility.
The City shall reimburse the County for its proportionate share of facility personnel
charges and security costs calculated on the percentage of the new facility exclusively
occupied by the City and one -half of the shared use area within the new facility, based
upon the square footage of the entire complex consisting of the Historic Courthouse, the
Public Safety Building and the new facility.
6. UTILITIES, ASSESSMENTS, MAINTENANCE AND REPAIR AND CAPITAL
IMPROVEMENTS:
6.1 Utilities and Assessments. The County shall secure and provide all jointly used
utility services, including, but not limited to electrical, water, sewer, gas, and other utility
services for the new facility. The County shall secure and provide, and pay for garbage
services, irrigation assessment, and other special or other assessments for the new facility.
The City may
install and utilize other utilities, including
telephone,
wireless, internet, and
broadband or
other communication and utility services
as well as
other facility services
and security for its sole use and at its sole expense.
6.2 Maintenance and Repair. The County shall provide for routine operations,
maintenance and repair of the new facility, which includes the following:
hiterlocal Agreement - Page 6 of 12
a. Maintenance of all light, water, heat ventilation and air- conditioning to any
and all parts of the building providing a well -lit and comfortable work
environment;
b. The furnishing of all custodial supplies and services;
C. The performance of all painting and interior decorating of any kind, and the
repairing and normal replacement of all electrical fixtures and outlets,
provided, however, it shall not be the duty of the County to install, replace,
or repair any special electrical circuits, fixtures, or outlets required to
operate special equipment maintained and used exclusively by the City;
d. All necessary maintenance, repair, service, and replacement of all heat,
light, water, ventilation, and air conditioning appliances and services;
e. The maintenance, repair, and painting of all exterior surfaces, and the
maintenance and repair of all roofs, structural walls, and bearing parts,
sidewalks, walkways, and grounds.
6.3 Capital Improvements. The County shall, within its sole discretion, after
consultation with the City, determine capital improvements to be made to the new facility.
Capital improvements shall mean improvements or repairs with an estimated cost
exceeding $50,000 and shall consist of, but not be limited to, reroofing, structural repairs
and modifications, and other changes and modifications to the new facility which requires
major expenditures. The County shall provide the City a written one -year advanced notice
of its intent to make capital improvements, except in the event of a bona fide emergency.
6.4 City Reimbursement_ of Utility, Maintenance and Repair and Capital Improvement
Costs. The City shall reimburse the County for its proportionate share of the utility,
assessment, maintenance and repair and capital improvements costs calculated on the
percentage of the new facility exclusively occupied by the City and one -half of the shared
use area within the new facility, based on the square footage of the new facility.
EQUIPMENT AND FURNITURE:
7.1 City Occupied Areas of New Facility: The City shall be solely responsible for
equipping areas of the new facility that it occupies and any costs thereto. Title to the
aforesaid equipment and all trade fixtures shall vest in the City.
LAW LIBRARIES:
The City shall provide its own law library.
9. GENERAL TERMS AND CONDITIONS:
In the event
of any conflict or inconsistency
between
the terms of this Agreement and
Attachment
need
B General Terms and Conditions,
the terms
of this Agreement shall control.
all
of the
10. AMENDMENTS/MODIFICATIONS:
It is understood and
agreed at
this
time,
as the
need
for additional courtroom and /or
administration space
arises, that
all
of the
terms
of this
Agreement may be modified to
Interlocal Agreement - Page 7 of 12
accommodate
the
growing demands on our criminal justice system. Details of any
modifications
shall
be determined by written
agreement of the parties at that time.
No amendments or
modifications
shall be
made to this Agreement, unless set forth in a
written amendment
signed by both
parties'
authorized representatives.
11. ENTIRE AGREEMENT — AMENDMENTS:
This printed Agreement, together with the enclosed Attachments A and B all expressly
incorporated herein by reference shall constitute the whole agreement between the parties.
There are no terms, obligations, covenants or conditions other than those contained herein.
Except as otherwise provided herein, no modification or amendment of this Agreement
shall be valid or effective unless evidenced by an agreement in writing signed by
authorized representatives of both parties.
12. NOTICES:
Required notices, except legal notices, shall be given in writing and mailed by registered
or certified mail to the following respective address:
To County:
Attn: County Administrator
Franklin County
1016 North 4th Avenue
Pasco, Washington 99301
To City:
Attn: City Manager
City of Pasco
525 North 3'd Avenue
Pasco, Washington 99301
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. Notice shall be deemed to be given three (3) days following the date
of mailing.
13. INTERLOCAL AGREEMENT PROVISIONS:
This Agreement is entered into pursuant to RCW 39.34 as an interlocal agreement between
the parties. No special budgets or funds are anticipated, nor shall be created incident to
this Agreement. It is not intended that a separate legal entity shall be established to
conduct the cooperative undertaking, nor is the acquiring or holding or disposing of real
property anticipated. The City Manager for the City of Pasco and the County
Administrator of Franklin County, or their designees, are designated as co- administrators
of this Agreement.
Interlocal Agreement - Page 8 of 12
A copy of this Agreement shall be filed with the Franklin County Auditor, or posted on the
City or County's website as provided by RCW 39.34.
Interlocal Agreement - Page 9 of 12
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
day of 2012.
CITY:
CITY OF PASCO, a municipal
Corporation of the State of Washington
Matt Watkins, Mayor
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
COUNTY:
FRANKLIN COUNTY, a political subdivision of
the State of Washington
Brad Peck, Chairman
Rick Miller, Chair Pro Tem
ATTEST BY:
%�L r io ay -a0ia
Clerk oftbAoard � OJ-,� -3&0 A
APPROVED AS TO FORM:
SHAWN SANT, #35535\ #91039
Prosecuting Attorney for
Franklin County
By: f?x )p
Deputy PrdsecuAng Attorney
Interlocal Agreement - Page 10 of 12
360
STATE OF WASHINGTON)
ss.
COUNTY OF FRANKLIN )
On the day of 2012, before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and sworn, personally appeared Matt Watkins,
to me known to be the Mayor of the City of Pasco, a municipal corporation of the State of
Washington who executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said City, for the uses and purposes there mentioned, and on
oath stated that said person was authorized to execute the said instrument for said City.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Printed name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF FRANKLIN )
On the o%q day oft,, 2012, before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and sworn, personally appeared Brad Peck, to
me known to be the Chairman of the Board of Franklin County Commissioners, and Rick Miller,
to me known to be a Chair Pro -Tern of the Board of Franklin County Commissioners, and Robert
E. Koch, to me known to be a Member of the Board of Franklin County Commissioners, a
political subdivision of the State of Washington, who executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said political
subdivision of the State of Washington, for the uses and purposes there mentioned, and on oath
stated that said persons were authorized to execute the said instrument for Franklin County,
Washington.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Pnnteddfame: A1!6 r„ C". , 44y -e
♦���� s NOTARY PUBLIC ifi and for the State of
♦ v v
3. ♦ � t � � Washington, residing at
v c+ a My commission expires: /® c2 q -Za
Interlocal Agreement - Page 11 of 12
ATTACHMENT A
FRANKLIN COUNTY and CITY OF PASCO
Interlocal Agreement - Page 12 of 12
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ATTACHMENT B
GENERAL TERMS AND CONDITIONS
1. LATE PAYMENT, TAXES, LICENSES, AND FEES
A. TIME IS OF THE ESSENCE
Under the terms of this Agreement, time is of the essence for the payment of any
fees required or the performance of any conditions required by either of the
parties of this Agreement.
B. LICENSE, TAXES, AND FEES
City shall pay throughout the term of this Agreement all applicable taxes and all
licenses and excise and other applicable fees to which the City leasehold activities
may be subject.
C. OTHER CONSIDERATION
Except as otherwise provided herein, no offset, reduction, or credit toward any
payment shall be allowed unless it is in writing and signed by the Board of
County Commissioners.
2. COMPLIANCE WITH LAWS AND REGULATIONS
In using the new facility, City will comply with all applicable laws, ordinances, and
regulations from any and all authorities having jurisdiction governing its activities. The
City specifically agrees to comply with and pay all costs associated with achieving such
compliance without any notice from the County, and further agrees that County does not
waive this section by giving notice of demand for compliance in any instance.
3. DISPUTES
Should any dispute arise between the parties concerning the breach, interpretation, or
enforcement of this Agreement, the parties shall first meet in a good faith attempt to
resolve such dispute. Any unresolved dispute shall be submitted to arbitration. The
dispute shall be submitted to a single arbitrator mutually agreed by the parties. If the
parties are unable to agree, the arbitrator shall be determined by the Franklin County
Superior Court, and arbitration shall be conducted pursuant to RCW 7.04A, with both
parties waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be
conducted in Pasco, Franklin County, Washington, and the costs of the arbitration shall
be equally borne by the parties, and the arbitrator shall award, as additional judgment
against the other, attorney's fees and costs to the prevailing party.
Attachment B
4. IMPROVEMENTS AND ALTERATIONS
A. City shall make no alterations or improvements to or upon the new facility, or
install any fixtures (other than trade fixtures which can be removed without injury
to the new facility) without first obtaining written approval from County.
B. Unless otherwise agreed, all improvements or alterations, other than trade
fixtures, erected or made on the new facility shall, upon installation and upon
expiration or earlier termination of this Agreement, belong to County without
compensation to the City.
5, CONDITION OF NEW FACILITY
The City shall inspect and accept the condition of the new facility before occupancy and
it is understood and agreed that the new facility is provided on an "as is" and "with all
faults" basis (except for latent defects not readily ascertainable nor disclosed) without any
obligation on the part of County to make any changes, improvements, or to incur any
expense whatsoever for the maintenance or repair of the new facility. The City's
occupancy of the new facility shall be the City's acceptance of the condition of the new
facility.
The County shall defend, indemnify and hold the City harmless from and against any
liability to third parties for any claims, damages, demands, suits, and judgments,
including reasonable attorney's fees arising from any latent structural or other design
defect of the new facility that could not be readily ascertained by the City, nor disclosed
by the County.
6, INDEMNITY AND HOLD HARMLESS
The City agrees to indemnify and hold County harmless as provided herein to the
maximum extent possible under law in connection with the use, maintenance, and
operation of the portion of the new facility governed under this Agreement. Accordingly,
the City agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof
for injury to persons, death, or property damage which is caused by, arises out of, or is
incidental to City's exercise of rights and privileges granted by this Agreement, except to
the extent of the County's sole negligence. The City's obligations under this section shall
include:
A. The duty to promptly accept tender of defense and provide defense to the County
at the City's own expense;
B. Indemnification of claims made by the City's own employees or agents; and
C. Waiver of the City's immunity under the industrial insurance provisions of Title
51 R.C.W. but only to the extent necessary to indemnify County, which waiver
has been mutually negotiated by the parties.
Page 2 of 8
Attachment B
In the event it is necessary for the County to incur attorney's fees, legal expenses
or other costs to enforce the provisions of this section, all such fees, expenses and
costs shall be recoverable from the City.
In the event its determined that R.C.W. 4.24.115 applies to this Agreement, the
City agrees to defend, hold harmless, and indemnify County to the maximum
extent permitted thereunder, and specifically for its negligence concurrent with
that of County to the full extent of the City's negligence. City agrees to defend,
indemnify, and hold harmless the County for claims by City's employees and
agrees to waiver of its immunity under Title 51 R.C.W., which waiver has been
mutually negotiated by the parties.
County agrees to indemnify and hold City harmless as provided herein to the maximum
extent possible under law in connection with its use, maintenance, and operation of the
portion of the new facility and exclusively within the control of the City. Accordingly,
County agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless the City, its appointed and elected officials, and employees from and against
liability from all claims, demands, suits, and judgments, including the costs of defense
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to County's exercise of rights and privileges granted by this Agreement
except to the extent of the City's sole negligence. County's obligation under this section
shall include:
A. The duty to promptly accept tender of defense and provide defense to the City at
County's expense;
B. Indemnification of claims made by County's own employees or agents; and
C. Waiver of County's immunity under the industrial insurance provisions of Title
51 R.C.W. but only to the extent necessary to indemnify City, which waiver has
been mutually negotiated by the parties.
In the event it is necessary for the City to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this section, all such fees, expenses and costs shall be
recoverable from County.
In the event its determined that R.C.W. 4.24.115 applies to this Agreement, County
agrees to defend, hold harmless, and indemnify City to the maximum extent permitted
thereunder and specifically for its negligence concurrent with that of City to the full
extent of County's negligence.
7. FIRE INSURANCE AND CASUALTY
A. County and City will each carry fire and extended coverage insurance on all
improvements, structures, and buildings of the new facility in which they occupy
or use through this Agreement. County will not carry insurance on City's
personal property. City will not carry insurance on County's personal property.
Page 3 of 8
Attachment B
B. It is contemplated that certain personal property consisting of fixtures,
furnishings, and equipment, to be housed and used on the new facility shall be
provided for the joint use and enjoyment of the City and the County. The County
shall provide fire and casualty insurance upon said personal property, jointly used
and operated, to the full insurable value, and the premiums therefore shall be
budgeted and shall constitute a cost of operations and maintenance for which the
City shall pay a proportionate share as hereinafter provided. Each party shall,
with respect to personal property solely used and operated by it, be totally subject
to risk of loss thereof, and responsible for procuring, maintaining, and providing
any and all insurance coverages thereon.
In the event of the total or partial destruction of the building or structures of the
new facility or subsequently constructed, not caused by, arising from, or in
connection with the exercise of the City's rights and privileges granted by the
Agreement, County shall have the obligation to reconstruct such new facility to its
prior condition within one (1) year after its destruction, provided that such
obligation shall be limited to the extent the costs of such reconstruction are
covered by the insurance proceeds available to County or with the insurance
proceeds that would have been available to County had they maintained the
insurance.
In the event of the total or partial destruction of the building or structures of the
new facility or subsequently constructed, not caused by, arising from, or in
connection with the exercise of the County's rights and privileges granted by the
Agreement, City shall have the obligation to pay for reconstruction of such new
facility to its prior condition within one (1) year after its destruction, provided that
such obligation shall be limited to the extent the costs of such reconstruction are
covered by the insurance proceeds available to City or with the insurance
proceeds that would have been available to City had they maintained the
insurance.
8. INSURANCE REQUIREMENTS
By the date of execution of this Agreement, the City shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with exercise of the rights and privileges
granted by this Agreement, by the City, their agents, representatives, employees /
subcontractors. The cost of such insurance shall be paid by the City.
For all coverages: Each insurance policy shall be written on an "Occurrence" form.
A. MINIMUM LIMITS OF INSURANCE
The City shall maintain limits for Commercial General Liability no less than
$1,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage. The City shall maintain Fire Insurance and Casualty
in full replacement cost value amounts for the new facility.
B. DEDUCTIBLES AND SELF - INSURED RETENTIONS
Any deductibles or self - insured retentions must be declared to and approved by
County. The deductible and or self - insured retention of the policies shall not limit
r._
Attachment B
or apply to the City's liability to the County and shall be the sole responsibility of
the City.
C. OTHER INSURANCE PROVISIONS
The insurance policies required in this Agreement are to contain or be endorsed to
contain the following provisions:
Commercial General Liability Policy:
1. County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects to liability arising out of activities
performed by or on behalf of the City in connection with this Lease.
2. To the extent of City's negligence, the City's insurance coverage shall be
primary insurance as respects to the County, its officers, officials,
employees, and agents. Any insurance and/or self - insurance maintained
by the County, its officers, officials, employees, or agents shall not
contribute with the City's insurance or benefit the City in any way.
3. The City's insurance shall apply separately to each insured against whom
a claim is made and or lawsuit is brought, except with respect to the limits
of the insurer's liability.
All policies:
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in
limits, until forty -five (45) days prior written notice, return receipt requested, has
been given to the County.
D. ACCEPTABILITY OF INSURERS
Participation by the City in a self - insured governmental risk pool shall constitute
an acceptable insurer by County.
E. VERIFICATION OF COVERAGE
City shall furnish the County with certificate(s) of insurance and endorsement(s)
required by this Agreement. The certificate(s) and endorsement(s) for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance
policy are to be on forms approved by the County and are to be received and
approved by the County prior to the commencement of activities associated with
the Agreement. The County reserves the right to require complete certified copies
of all required insurance policies at any time.
F. WAIVER OF SUBROGATION
City and County hereby release and discharge each other from all claims, losses
and liabilities arising from or caused by any hazard covered by property insurance
on or in connection with the new facility or said building. This release shall apply
Page 5 of 8
Attachment B
only to the extent that such claim, loss or liability is covered by insurance in
adequate limits to fully satisfy said claims, losses or liabilities.
G. COUNTY'S PROPERTY INSURANCE
County and City shall each purchase and maintain during the term of the
Agreement all -risk property insurance covering the portions of the building they
occupy or use for full replacement value without any coinsurance provisions.
91 MUTUAL RELEASE AND WAIVER
To the extent a loss is covered by insurance in force, County and the City hereby
mutually release each other from liability and waive all right of recovery against each
other for any loss from perils insured against under their respective fire insurance
policies, including any extended coverage endorsements hereto; provided that this
Agreement shall be inapplicable if it would have the effect of invalidating any insurance
coverage of the County or the City or said insurance limits are inadequate to fully satisfy
the loss.
10. SURRENDER OF NEW FACILITY
At the expiration or earlier termination of this Agreement, City shall promptly surrender
possession of the new facility to County and shall deliver to County all keys and badges
that it may have to any and all parts of the new facility.
11. DEFAULT AND RE -ENTRY
If any obligations provided herein, or any part thereof shall be and remain unpaid when
the same shall become due, or if City shall violate or default on any of the material
covenants and agreements herein contained, then County may cancel this Agreement
upon giving the notice required by law and re -enter said new facility using force as may
be required. Notwithstanding such re -entry by County, the liability of the City to pay its
pro -rata obligation for construction of the new facility shall not be extinguished, and City
covenants and agrees to make good to County any deficiency arising from a re- entry.
The City shall pay such deficiency each month as the amount thereof is ascertained by
County.
Notwithstanding the default provisions above, County agrees not to exercise any of the
remedies for default specified herein unless and until: (a) if the default consists of a
violation to pay money, County has given City written notice of the default and City has
failed to cure the default within ten (10) days of receipt of such notice; or (b) if the
default consists of a violation of a covenant other than a covenant to pay money, holder
has given City at least thirty (30) days notice of such default and City has failed to cure
the default within such thirty (30) day period, provided no such notice must be given if
the default was deliberate or immediate action is needed to protect persons or property
from imminent harm, and provided further if the default is one that is capable of being
cured, but cannot with due diligence be cured within thirty (30) days, such thirty (30) day
period shall be deemed extended, to a maximum of ninety (90) days from the date of the
original default, if City advised holder of its intention to cure within thirty (30) days of
the original default notice and prosecutes the curing of the default with all due diligence.
Attachment B
12. ADVANCES BY COUNTY FOR CITY
If City fails to pay any fees or perform any of its obligations under this Agreement,
County will mail notice to City of its failure to pay or perform. Twenty (20) days after
mailing notice, if City's obligation remains unpaid or unperformed, County may pay or
perform these obligations at City's expense. Upon written notification to City of any
costs incurred by County under this paragraph, City will reimburse County within twenty
(20) days.
13. NON - WAIVER
It is hereby agreed that no waiver of any condition or covenant in this Agreement or any
breach thereof, shall be taken to constitute waiver of any subsequent breach.
14. SIGNS
No sign, advertisement, notice, or other lettering will be exhibited, inscribed, painted, or
affixed by City on any part of the outside of the new facility without the prior written
consent of County. If City violates this provision, County may remove the sign without
any liability and may charge the expense incurred by such removal to the City provided,
however, County shall give City written notice of City's violation of this provision and
City shall have forty -eight (48) hours after receiving said notice to comply with the terms
of this provision. All signs erected or installed by City shall be subject to any federal,
state, or local statutes, ordinances or regulations applicable to signs. County hereby
reserves all naming rights to the new facility.
15. INSPECTION
County reserves the right to inspect the new facility at any and all reasonable times
throughout the term of this Agreement, provided that County shall not unduly interfere
with City's operations. The right of inspection reserved to County hereunder shall
impose no obligation on County to make inspections to ascertain the condition of the new
facility, and shall impose no liability upon County for failure to make such inspections.
16. ASSIGNMENT
The City shall not assign this Agreement, nor lease any portion of the new facility
without the prior written consent of the Board of County Commissioners. Any
assignment or lease shall be in compliance with RCW 36.34.180.
17. SEVERABILITY
If any term or provision of this Agreement or the application of any term or provision to
any person or circumstance is invalid or unenforceable, the remainder of this Agreement,
or the application of the term or provisions to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be effected and remain in full
force and effect.
Page 7 of 8
City of Pasco:
County:
END OF GENERAL TERMS AND CONDITIONS
Attachment B
10- Qy -aola aOia 3&0
JOINT RESOLUTION OF THE CITY OF PASCO AND FRANKLIN COUNTY
PASCO RESOLUTION NO, 3110
FRANKLIN COUNTY RESOLUTION NO. '2 li0 244
IN THE MATTER OF JOINTLY PLACING A BALLOT
PROPOSITION BEFORE THE VOTERS OF THE COUNTY IN
NOVEMBER 200% PROPOSING AN ADDITIONAL THREE-TENTHS OF
ONE PERCENT LOCAL SALES TAX
and
JOINTLY DEVELOPING AN AGREEMENT TO FACILITATE
CONSTRUCTION AND OCCUPANCY SPACE FOR PASCO MUNICIPAL
COURT AS PART OF THE NEW JAIL PROJECT PLANNED BY
FRANKLIN COUNTY.
WHEREAS, Franklin County is planning construction of a new 225 -bed jail as well as
renovation of the jail, as both are needed to provide the capacity for housing local offenders as
the County continues to grow; and
WHEREAS, the City contracts with Franklin County for housing of City misdemeanant
offenders being adjudicated through Pasco Municipal Court, so having adequate jail space for
pre -trial as well as post -trial confinement is critically important to the maintenance of public
safety in the Pasco community; and
WHEREAS, the City has operated its Municipal Court within space at the Franklin
County Courthouse under the terms of a 40 -year lease which will expire in 2012, thus,
necessitating that the City find new space in which to conduct its Municipal Court functions; and
WHEREAS, the Franklin County Board of Commissioners and the Pasco City Council,
during recent joint meetings, discussed the probability of the City paying for new Municipal
Court space in conjunction with the County's construction of a new jail; and
WHEREAS, the Franklin County Commission and Pasco City Council, having duly
considered the efficiencies to be gained for both parties, jointly find that the citizens and
taxpayers of both jurisdictions will be greatly benefitted by the parties executing an agreement
whereby the Pasco Municipal Court functions can be housed, long -term, at the Franklin County
Courthouse, provided that the agreement is consistent with certain principles; and
WHEREAS, the cost of such a facility requires the issuance of debt by the County, the
repayment of which will require a voter - approved source of revenue; and
WHEREAS, the County Commission and the Pasco City Council have considered the
only two available options, an excess property tax levy or a three- tenths of one percent sales tax
increase; and
PASCO RESOLUTION NO. 17 0
FRANKLIN COUNTY RESOLUTION NO, U 0 9 2 41
WHEREAS, the County Commission and the Pasco City Council both find that the sales
tax option is much preferred because it provides sufficient funding for construction of both the
jail and court facilities but will also provide sufficient funds for operation of those and other
criminal justice functions throughout the County as well as the City and avoids an increase in the
existing property tax burden on owners of property throughout the County; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO AND
THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON:
Section 1. The Franklin County Commission and Pasco City Council hereby agree to
develop a detailed agreement to facilitate construction and occupancy of sufficient space for
Pasco Municipal Court as part of the new jail project planned by Franklin County.
Section 2. The Franklin County Commission and Pasco City Council hereby agree that
any such agreement will be wholly consistent with the following "Principles of Agreement':
• Total floor area to be occupied solely by the City will be determined mutually but not less
than 10,000 square feet in area.
• City will pay for all construction cost attributed directly to the space mutually agreed to
house Municipal Court and its related functions.
• City will pay proportional cost of construction of "common areas" of new building
directly related to the space mutually agreed to house Municipal Court.
• City payment for construction costs will occur on the same schedule as any debt
repayment schedule incurred by County for construction debt.
• City will have minimum of 40 -year lease of the space; County will have periodic right to
terminate after 40 years, with at least three years notice and payment of depreciated value
based on 80 -year life of building space and industry standards.
• City will pay proportional share of operating costs (utilities, janitorial, etc.) based on
occupied space.
• The prisoner housing contract will remain substantially in its current form and content.
County will not include jail construction or renovation costs in calculating the daily fee
for city use of the jail facilities.
Section 3. The County Commission, as authorized under RC.W 82.14.450 and with
support of the Pasco City Council, will place a ballot proposition before the voters of the County
during the 2009 General Election, proposing an addition of three- tenths of one percent to the
local sales tax, principally for construction and operation of a County jail and other public safety
purposes.
PASCO RESOLUTION NO. 300
FRANKLIN COUNTY RESOLUTION NO. u (1 9 - 6) 41
PASCO CITY COUNCIL
PASCO, WASHINGTON
APPROVED this IR5� day of June, 2009.
Joyce Os06mayor
ATTEST:
APPROVED AS TO FORM:
�l SAP v
Debra Clark, City Clerk Leland B. Kerr, City Attorney
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
APPROVED this Ja day of June, 2009.
Rick Miller, Chairman
&4e�
Robert E, Koch, Chair Pro -Tem
��(R=
Brad Peck, Member
ATTEST:
APPROVED AS TO FORM:
� N
Ryan ' E. Verhulp
Chief Civil Deputy Prosecutor
CITY OF PASCO COURTS
Courts Construction Cost
100% CD Estimate
9126/2012
Square
Footage
Estimated
Cost er SF
I Estimated
Cost
Common Areas (Entry /Stairs /Elev /Corridors)
Courts
Prosecuting Attorney
Secure Corridor
22477
10,768
-
$ 230
$ 220
$
$
$
569,710
2,3687960
-
Total
13,245
$
21938,670
Site Work
Site Work
13,245
$ 10
$
132,450
Total
$
132,450
Subtotal Construction Cost
$
31071,120
Sales Tax 8.6%
$
264,116
Total Construction Cost
$
31335,236
Construction Contingency 5%
FF &E Budget
Non- Construction Cost
$
$
$
166,762
-
260,000
Total Project Cost
$
317619998
AGENDA REPORT NO. 17
FOR: City Council
TO: Gary
FROM: Ahmad Qayourhi, Public Works Director
SUBJECT: Oregon Avenue Corridor
I. REFERENCE(S):
1. Vicinity Map
2. Scope of Work
November 2, 2012
Workshop Mtg.: 11/13/2012
Regular Mtg.: 11/19/2012
Proposed Agreement *
*(Council packets only; copy available in Public Works office, the Pasco Library or on
the city's website at www.pasco- wa.gov for public review)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/13: Discussion
11/19: MOTION: I move to approve the Professional Services Agreement with
CH2MHi11, authorizing professional services with respect to the
Oregon Avenue Corridor, not to exceed $350,000.00 and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
LID, Local and STP Funds
IV. HISTORY AND FACTS BRIEF:
A) The City of Pasco is planning to widen the existing four -lane roadway to provide a
five -lane section that offers a center two way left turn lane to accommodate turning
movements. The City anticipates that vacant properties along the corridor will be
developed to host additional industrial businesses in the foreseeable future and seeks
to design the corridor improvements in a manner that safely and efficiently facilitates
truck and employee movements. The purpose of this study is to develop a 20 -year
plan for corridor study area. This plan will serve as a basis for identifying existing
and future turn lane needs (length of storage, etc.), anticipated future traffic signal
locations, and access management standards for the corridor.
V. DISCUSSION:
A) This project is proposed to be funded by an LID. The LID will be formed as part of
the design phase, and used to fund the construction.
B) The City has allocated $676,700 in STP (federal) funds that will be used for design,
project management and some construction (i.e. reconstruction of the Lewis Street/
Oregon Avenue intersection to improve safety). STP funds require a local match of
13.5% (about $90,000 for this project).
C) In September, 2012, staff sent a formal Request for Proposals (RFP) to five
consulting firms and received five responses. City interviewed the consulting firms
which met the criteria as outlined in the RFP. After extensive discussions, the
consultant selection team chose CH2MHi11 and successfully negotiated the scope and
budget for the project.
D) Scope of work involves three primary elements:
• Corridor Traffic Study for current and 20 year plan
• Phase 1 and Phase 2 Construction Ready Plans
• Phase 3 Entry Way Design at the intersection of Ainsworth Avenue and
Oregon Avenue.
The fee for this work is proposed at the lump sum of $350,000, which includes the
attached Scope of Work.
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Index of Exhibits (Check all that apply)
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
❑ Exhibit C Electronic Exchange of Data
® Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
❑ Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
® Exhibit E -1 Fee - Lump/Fixed/Unit
❑ Exhibit E -2 Fee - Specific Rates
® Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
® Exhibit G -1 Subconsultant Fee
THIS AGREEMENT, made and entered into this
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
® Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
between the Local Agency of CITY OF PASCO
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF Page 1 of S
Revised 3/2008
day of November P 2012
Washington, hereinafter called the "AGENCY" ,
Local Agency
Consultant/Address/Telephone
CH2M HILL, INC.
Standard Consultant
295 Bradley Boulevard, Suite 300
Agreement
Richland, WA 99532
® Architectural /Engineering Agreement
❑
Personal Services Agreement
Agreement Number
Project Title And Work Description
OREGON AVENUE (SR397) CORRIDOR
Federal Aid Number
TRAFFIC STUDY AND DESIGN
Agreement Type (Choose one)
®
Lump Sum
Corridor study and final design services for
Lump Sum Amount $ 349,534.00
widening Oregon Avenue (SR397) from four to five
lanes, from James Street to Ainsworth Street,
❑
Cost Plus Fixed Fee
including entryway feature at Oregon Ave &
Overhead Progress Payment Rate
%
Ainsworth qtr .et.
Overhead Cost Method
DBE Participation
❑ Actual Cost
❑ Yes ® No %
Federal ID Number or Social Security Number
El Actual
Cost Not To Exceed
%
59- 0918189
❑ Fixed Overhead Rate
%
Do you require a 1099 for IRS?
Completion Date
Fixed Fee $
❑ Yes ®No
December 31, 2014
Total Amount Authorized $ 3505000.00
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
El Provisional
Management Reserve Fund $
Hourly Rate
❑
Cost Per Unit of Work
Maximum Amount Payable $ 3505000.00
Index of Exhibits (Check all that apply)
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
❑ Exhibit C Electronic Exchange of Data
® Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
❑ Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
® Exhibit E -1 Fee - Lump/Fixed/Unit
❑ Exhibit E -2 Fee - Specific Rates
® Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
® Exhibit G -1 Subconsultant Fee
THIS AGREEMENT, made and entered into this
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
® Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
between the Local Agency of CITY OF PASCO
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF Page 1 of S
Revised 3/2008
day of November P 2012
Washington, hereinafter called the "AGENCY" ,
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT - assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those
established by the W SDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data fumished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. 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 work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, W SDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same mamter as outlined in Section V. All sub - contracts shall contain 0 applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
.Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, . or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terns of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM ", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -I (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
In witness whereof, the parties
hereto
have executed this AGREEMENT
as of the day and
year shown in the
"Execution Date" box on page
one (1)
of this AGREEMENT.
m
Consultant CH2M HILL, INC.
3
Agency City of Pasco, Washington
DOT Form 140 -089 EF
Revised 312008 Page 8 of 8
CITY OF PASCO, WASHINGTON
OREGON AVENUE (SR -397) CORRIDOR TRAFFIC STUDY
& DESIGN
EXHIBIT A -1: SCOPE OF WORK
INTRODUCTION
Oregon Avenue is a principal arterial within the city of Pasco that extends from the
US 395/1- 182/US 12 interchange south approximately 2.2 miles to East Ainsworth Street. The
Oregon Avenue Corridor, including Ainsworth Street and 10th Avenue serves as a critical north -
south link, connecting the City with one of three regional Columbia River crossings and the City
of Kennewick. Land use within the Oregon Avenue Corridor consists of light industrial and
commercial development along the northern 2/3 of the corridor, and largely vacant properties on
the southern 1/3. The Port of Pasco's binding site plan to develop the 110 -acre Osprey Pointe
business park proposes to construct 760,000 square feet of office space with some light
manufacturing over time.
The City of Pasco intends to widen Oregon Avenue to include a two -way left turn lane, and
provide for a gateway treatment near the Port of Pasco property at the Oregon Avenue and
Ainsworth Street intersection. The City has received federal Surface Transportation Program
(STP) funding and intends to conduct a corridor traffic study, followed by final design of the
study's recommended improvements.
On October 8, 2012, CH2MHILL (CONSULTANT) was selected to provide professional services
for the Oregon Avenue (SR 397) Corridor Traffic Study & Design project. CONSULTANT will
provide to the City of Pasco (CITY) the professional scope of services as specified herein.
The Oregon Avenue (SR 397) Corridor Traffic Study & Design scope of work includes the
following primary tasks:
Task 1: Project Management and Coordination
Task 2: Corridor Traffic Study and Preliminary Design
Task 3: Final Roadway Design
Task 4: Oregon Avenue & Ainsworth Street Intersection Entryway
Task 5: Environmental Documentation and Permitting
Task 6: Right -of -Way Plans
Task 7: Geotechnical Investigations
Exhibit A -1: Scope of Work
Revised: 111212012 Page 1 of 27 %0 C142MHILL
r►
This scope of work and fee estimate (Exhibit E -1) are based on an 18 -month delivery schedule,
beginning December, 2012. CONSULTANT's ability to meet this schedule is contingent upon
timely receipt of information and comments from the CITY (and others, if applicable) and
provided the scope of work progresses as outlined.
The CONSULTANT will provide the following services:
TASK 1. PROJECT MANAGEMENT AND COORDINATION
The CONSULTANT will provide project management and administration services for the various
work elements described in this document.
1.1. Contract Management
The CONSULTANT will provide services to manage the contract, manage project scope,
schedule and budget, enter into professional agreements with subconsultants, prepare and
process monthly invoicing, progress reporting, and other internal management duties.
The CONSULTANT will provide the CITY with a Monthly Progress Report, in writing,
reporting on the CONSULTANT'S progress and any known issues or anticipated changes in
performing the Work.
Task 1.1 Assumptions:
+ 18 -month project duration
1.1 Deliverables:
+ Monthly Progress Reports (1 hard copy and .pdf electronic format)
1.2. Project Coordination
1.2.1. Correspondence and Meetings
The CONSULTANT will partner with the CITY to accomplish the Oregon Avenue (SR
397) Corridor Traffic Study & Design. Coordination of the project work elements will
include:
• Voice and written correspondence with CITY, Project Advisory Committee (PAC)
members, and other agencies.
• Bi- weekly coordination meetings with CITY to be conducted at appropriate
intervals throughout the project.
• Regular coordination meetings with internal CONSULTANT team, including
subconsultants to be conducted at appropriate intervals throughout the project.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 2 of 27 111110 CH2MHILL
1.2.2. Project Chartering Workshop
The CONSULTANT will conduct a Chartering Workshop with the CITY and key
stakeholders. The purpose of the workshop will be to:
• Review and refine project Purpose and Need, and Goals and Objectives as
initially defined by the CITY and CONSULTANT
• Coordinate project communications and team member roles and responsibilities
• Coordinate project scope and schedule
• Identify project risks and potential mitigative measures
1.2.3. Project Work Plan
The CONSULTANT will develop a Project Work Plan to be utilized by project team
members throughout the project. The Project Work Plan will be provided to the CITY for
review and comment. The Project Work Plan will include:
• Purpose and Need
• Goals and Objectives
• Communications Plan
• Quality Control Plan
• Change Management Plan
• Risk Management Plan
1.2.4. Project Schedule
The CONSULTANT will prepare and maintain a critical path design schedule to identify
and track progress throughout the project. Updates to the schedule will occur as
changes influence key milestones. Key milestones include stakeholder
coordination /public involvement events, key deliverables, and decision making points.
Task 1.2 Assumptions:
• Project Advisory Committee (PAC) members will be identified by CITY.
• Bi- Weekly Coordination Meetings with CITY via phone or in CONSULTANT offices.
• Chartering Workshop will be a 2 -hour meeting at City of Pasco. The CITY is
responsible for meeting logistics and invites to stakeholders.
• CITY staff will conduct necessary meetings with Council and CONSULTANT will
not attend.
Task 1.2 Deliverables:
• Meeting Agendas, and Meeting Notes (.pdf electronic format)
• Project Work Plan Document (1 hard copy and .pdf electronic format)
• Project Schedule and Updates (.pdf electronic format)
Exhibit A -1: Scope of Work
Revised: 111212012 Page 3 of 27 40 CH2MHILL
i
TASK 2. CORRIDOR TRAFFIC STUDY AND PRELIMINARY DESIGN
2.1. Existing Conditions Review
2.1.1. Transportation Baseline Analyses
The CONSULTANT will provide transportation and traffic planning services as described
herein for the purpose of determining the baseline conditions for the Oregon Avenue
Corridor.
2.1.1.1. Collect and Review Existing Data
The CONSULTANT will obtain and review traffic and transportation planning data to
include the current revisions of the following documents:
o BFCOG baseline traffic model
o Pasco Corridors and Gateways Plan
o Pasco Bicycle and Pedestrian Master Plan
o Osprey Pointe Traffic Impact Studies
o Osprey Pointe Master Plan
o Pasco Truck Routes
o 2012 and /or past two years Traffic Counts (daily and peak hours)
o WSDOT Collision Records for past 5 years
o Signalized Intersection Timings, Phasing, and "As Built' Plans
o BN &SF Rail Crossing Schedule and Gate Operation /Signal Timing
o Ben Franklin Transit Development Plan
o City of Pasco Design Standards and Standard Plans
o WSDOT Design Manual, LAG Manual, and Standard Plans
o Record Drawings for Oregon Avenue (SR397)
A site reconnaissance will be conducted to verify the CITY provided base mapping,
and photograph and inventory existing features, deficiencies, and possible
constraints.
If additional traffic counts are needed, the CITY will provide counts to
CONSULTANT.
From the data collection effort, a brief transportation methods and assumptions
memo will be prepared and reviewed by the CITY that describes the technical
methods to be used to produce the baseline traffic analyses, including input values,
and background assumptions included in the travel demand and Synchro traffic
analysis models.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 4 of 27 40 CH21VIHILL
4W
2.1.1.2. Baseline Traffic Model and LOS Analysis
The CONSULTANT will obtain the most recent travel demand model files from
BFCOG.
The CONSULTANT will coordinate with the CITY to understand the basis for the
model and determine if additional counts are needed for calibration. Any additional
counts will be provided by the CITY for the model update process. Based on this
information, the CONSULTANT will develop appropriate growth rates for the Oregon
Avenue corridor to ascertain one future forecasted traffic demand condition (year
2030). This forecast will account for any adjustments to the capacity of the Oregon
Avenue Corridor. It is assumed that any transit and non - motorized improvements in
the corridor will not adjust the travel demand forecasts.
The most current BFCOG travel demand model w
volumes along the Oregon Avenue for the future 2030
afternoon PM peak -hour periods. It is assumed the
year 2030 conditions are accepted by the approving
valid. The CONSULTANT will not need to review
economic and background transportation system data
Avenue project development.
II be used to forecast traffic
land use conditions during the
BFCOG model's existing and
agencies and data /results are
or validate the 2030 socio-
for the purpose of the Oregon
The CONSULTANT will prepare forecasts and trip assignments for the corridor
roadway segments between James Street and Ainsworth Street, and each of the
Oregon Avenue intersections within the corridor. Trip assignments will be performed
manually at key driveways along the study corridor to reflect changes in trip patterns
for each developed alternative concept. No travel demand model runs will be
performed for the design alternative concepts. Applicable roadway and intersection
Level of Service (LOS) results will be based on the CITY's approved mobility
standards and the latest methodology described in the Highway Capacity Manual
2010.
2.1.1.3. Transit and Non - Motorized Analysis
The CONSULTANT will ascertain current and planned transit operations for the
Oregon Avenue Corridor within the project limits. The CONSULTANT will coordinate
fixed route transit operations with Ben Franklin Transit (BFT) and the CITY to
understand related infrastructure needs within the planning horizon.
The CONSULTANT will coordinate with the CITY to ascertain current and planned
non - motorized facilities for the corridor to understand related infrastructure needs
within the planning horizon.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 5 of 27 CH2MHILL
2.1.1.4. Corridor Safety Review
The CONSULTANT will review WSDOT crash records for the Oregon Avenue
corridor to ascertain statistically significant safety hazards or issues and qualitatively
identify where safety improvements are warranted. The CONSULTANT will prepare
a crash analysis and apply methods in the AASHTO Highway Safety Manual (HSM)
and will document the safety performance with crash rates, severity, and crash type
information /patterns.
2.1.1.5. Transportation Analysis Memorandum
The CONSULTANT will compile transportation analysis results into a single technical
memorandum. A draft Transportation Analysis Memorandum will be provided to the
CITY for Review. CITY's written comments will be incorporated into the Final
Preliminary Design Report.
2.1.2. Environmental Scoping
The CONSULTANT will research the project setting to develop an initial understanding
of potentially impacted resources.
The CONSULTANT will provide early agency coordination with WSDOT Highways &
Local Programs to review the project scope and identify key resources of concern. Once
key resource issues are identified, the CONSULTANT will provide early coordination
with agencies with jurisdiction over the key resources to review NEPA documentation
requirements and coordinate upcoming reviews and project schedule needs.
The CONSULTANT will prepare a memorandum summarizing the key resources and
approvals to be addressed for the project.
Task 2.1 Assumptions:
• CITY to furnish City planning documents, traffic model, record drawings, traffic
counts, signal timing and phasing and interconnect signal plan.
• CITY will accomplish additional traffic counts required to calibrate the baseline
traffic model.
• CONSULTANT will obtain WSDOT collision data.
• CONSULTANT to coordinate with CITY to obtain GIS basemap with rights -of -way
and recent Georeferenced aerial photo for use as project base mapping.
• BFCOG model data will be provided for use on this project at no cost to
CONSULTANT.
• No visual simulations are required.
• WSDOT, AASHTO and City of Pasco standards will be utilized.
• CONSULTANT will conduct an environmental coordination meeting in Spokane
with CITY and WSDOT.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 6 of 27 V CH21v1HILL
4W
2.1 Deliverables:
• Transportation Methods and Assumptions Memorandum (.pdf electronic format)
• DRAFT Transportation Analysis Memorandum (3 hard copies and .pdf electronic
format)
• Meeting Agendas and Meeting Summary Notes
• Environmental Scoping Memorandum
2.2. Alternatives Analysis and Review
The CONSULTANT will prepare planning concept -level engineering to include roadway
widening, safety and access management improvements, intersection controls, and
potential right -of -way needs.
2.2.1. Initial Alternatives Brainstorming & Evaluation
The CONSULTANT will work with the CITY to develop planning level conceptual
roadway section alternatives for Oregon Avenue. The CONSULTANT will review
roadway sections against existing right -of -way and other constraints. The
CONSULTANT and CITY will evaluate roadway section alternatives to determine
preferred Oregon Avenue roadway sections for Phases I and II. Evaluation
considerations will include roadway cross sections, lane balance and sidewalk widths,
landscape opportunities, median islands, and driveway consolidation opportunities.
2.2.2. Alternative Concept Development
The CONSULTANT will utilize transportation baseline analyses results and preferred
roadway sections to develop an overall conceptual layout for the Oregon Avenue
corridor to include conceptual roadway cross - sections, horizontal alignment, curb and
gutter, sidewalk, channelization, and potential right -of -way needs. Specific constraints
related to right -of -way, the environment, and constructability will be qualitatively
identified and alignments adjusted to optimize potential benefits and impacts.
Up to two (2) alternative concepts will be developed for evaluation for the following key
Oregon Avenue corridor elements:
• James Street Intersection Safety /Access Management Improvements
• Oregon Avenue /Ainsworth Street Intersection Control
2.2.3. Comparative -Level Cost Estimating
The CONSULTANT will develop planning comparative -level cost estimates for each
alternative concept as defined in Section 2.2.2. Estimates will be prepared with
appropriate estimate contingencies.
The planning comparative -level estimates will be incorporated into the final design, right -
of -way, construction, and administrative elements in subsequent tasks.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 7 of 27 40 CFI2nRHILL
2.2.4. Alternative Concept Evaluation
The CONSULTANT will work with the CITY and PAC to evaluate alternative concepts as
developed in Section 2.2.2. Evaluation criteria will be developed to support a qualitative
evaluation process and include safety, freight mobility, traffic operations, environmental,
non - motorized, and aesthetics.
Task 2.2 Assumptions:
• Approved refinements to the preferred alternative will be incorporated in to the
preliminary design, per Task 2.4.1.
• Entryway feature landscape elements will be evaluated in Task 4.1.
Task 2.2 Deliverables:
• Alternative concept plans
• Comparative -level cost estimates for alternative concepts
2.3. Stakeholder Coordination and Public Outreach
The CONSULTANT will partner with the CITY to utilize communication tools and forums for
interaction with project stakeholders and the public.
2.3.1. Public Meeting #1
The following public outreach meeting is anticipated for Task 2 — Corridor Traffic Study:
Public
Outreach
Event Anticipated Timing Purpose
#1 Following evaluation of . Communicate Purpose & Need, Goals
alternative concepts (Task . Communicate Baseline Conditions
2'2'4)' Findings and Initial Alternative
Concepts
• Solicit Public Input
2.3.2. Stakeholder Coordination Meetings
The CONSULTANT will engage with public officials and project advisory committee
(PAC) as identified in Task 1.2.1 by teaming with the CITY to conduct and facilitate
stakeholder coordination meetings. Meetings with individual stakeholders and property
owners may be required during Task 2 — Corridor Traffic Study.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 8 of 27 Of CH2MHILL
Task 2.3 Assumptions:
• CITY will arrange for the meeting space, scheduling, and meeting logistics for
attendees.
• The CONSULTANT will furnish exhibits, sign -in sheets, and comment forms.
• The CONSULTANT will set -up prior to and break -down after each meeting.
• Up to four (2) individual stakeholder coordination meetings will be required.
2.3 Deliverables:
• Meeting Agendas, Meeting Notes, and Attendance Records (.pdf electronic format)
• Displays, Sign -In Sheets, Comment Forms
2.4. Recommendations and Documentation
The CONSULTANT will document the Task 2 project development process and develop
preliminary design for the preferred alternative. The preliminary design will include
development of design and plans for the corridor, to include Phase I and Phase 11.
2.4.1. 30% Design of Preferred Alternative
The CONSULTANT will develop 30% design plans for the preferred Oregon Avenue
alternative to be used as a basis for final design, right -of -way plans development, and
NEPA documentation. Anticipated plan sheets include:
No.
Sheets
Phase I
No.
Sheets
Phase II
Description
2
2
General Plans
4
2
TESC Plans
1 " =50'
2
1
Typical Sections
4
2
Site Preparation Plans 1 " =50'
4
2
Drainage and Utilities
Plan & Profiles
5
2
Roadway Paving Plans
6
2
Intersection Layouts 1
" =20'
6
4
Traffic Signal and Illumination Plans
4
2
Sioning and Pavement Marking Plans
6
4
Property Restoration
Plans
14
0
Landscaping & Irrigation Plans 1 " =20'
57 is I V 1 AL SHEETS
Plan sheets will be 1" =40' horizontal scale, unless otherwise indicated.
A preliminary construction cost estimate will be developed to encompass both phases of
the project.
2.4.2. Preliminary Design Report
The CONSULTANT will develop a Preliminary Design Report that encompasses the key
information developed in Task 2 of the Study. The report will include:
Exhibit A -1: Scope of Work
Revised: 111212012 Page 9 of 27 40 CH2MHILL
1W
1. Purpose and Need
1.1. Purpose and Need
1.2. Project Objectives
2. Baseline Conditions Summary
2.1. Transportation /Traffic
2.2. Environmental
2.3. Design Resources and Parameters
3. Alternatives Analysis Summary
3.1. Alternative Concepts Evaluation
3.2. Preferred Alternative (Phase I and II)
3.2.1. Preliminary Design Plans
3.2.2. Cost Estimate
3.2.3. Right -of -Way and Temporary Access Needs
3.2.4. Utilities and Stormwater
3.2.5. Construction Phasing Considerations
Task 2.4 Assumptions:
+ A DRAFT Report will be
provided
for
review.
Refinements to the DRAFT Report
will be accomplished and
included
in a
FINAL
Report.
+ Construction traffic control plans are not required and may be handled via contract
specifications.
Task 2.4 Deliverables:
+ DRAFT and FINAL Preliminary Design Report (3 hard copies and .pdf electronic
format)
TASK 3. FINAL ROADWAY DESIGN
3.1. Final Roadway Design Plans
The CONSULTANT will develop final design to include two (2) construction contracts for the
Oregon Avenue project to encompass:
Phase I — Oregon Avenue from James Street to 'A' Street
Phase II — Oregon Avenue from `A' Street to Ainsworth Street
Final roadway design will include the following elements.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 10 of 27 11110 CH2MHILL
.►
3.1.1. Temporary Erosion & Sedimentation Control (TESC) Plans
TESC plans will be developed to mitigate potential impacts during construction in
accordance with the Department of Ecology Stormwater Management Manual for
Eastern Washington (SWMMEW).
3.1.2. Typical Sections
Typical roadway sections will be developed to encompass pavement section, roadway
lane, curb, sidewalk, landscape strip, and median conditions.
3.1.3. Site Preparation Plans
Site preparation plans and design will depict non - bridge related demolition and
miscellaneous site preparation details.
3.1.4. Drainage and Utility Plans
Drainage and utility plan sheets depicting proposed storm drain system and any utility
relocations required.
Separate detail sheets will show non - standard drainage construction details as well as
drainage profiles. Drainage design will be performed in accordance with the SWMMEW.
It is anticipated that hydrant relocations will be required. The CONSULTANT will
coordinate with CITY water purveyor to confirm existing facilities are represented.
3.1.5. Roadway Paving Plans
Paving plans will be prepared. These plans will include alignment information and plan
views of paving limits; limits of curb, gutter, and sidewalk; locations of driveways; cut/fill
limits; and retaining wall limits. Plan sheets will show construction notes.
Encroachments and impacts to property beyond the existing right -of -way caused by
roadway widening, slope grading, and /or utility relocations will be defined.
Detail sheets will be prepared identifying miscellaneous details not covered by standard
plans, including temporary traffic control plans and details, roadway - specific demolition
plans and details, and a vicinity plan showing proposed construction detour routes and
signing.
3.1.6. Intersection Layouts
Intersection detail plans will be developed to illustrate details for constructing elements
such as curb return radii, curb ramps, turn pockets, and monumentation.
3.1.7. Traffic Signal and Illumination Plans
Assumptions:
• Traffic signal revisions are anticipated at the Oregon Avenue intersections with
Lewis Street and 'A' Street. Revisions include upgrading signal controllers and
equipment to current standards.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 11 of 27 V CH2MHIL1
r
• New traffic signals are anticipated to be warranted at the Oregon Avenue
intersections with Salt Lake Street or Spokane Street, Broadway Avenue, and
Ainsworth Street.
• Conduit and pull boxes for signal interconnection with between James Street and
'A' Street will be included in the project design.
• No other traffic signal work is included as part of this work.
The CONSULTANT will coordinate with WSDOT and CITY on traffic signal modifications
and new signals. The CITY will provide CONSULTANT with as -built drawings of the
existing traffic signal system.
CONSULTANT will prepare signal plans and details in accordance with WSDOT
guidelines, showing proposed locations for new or relocated signals, luminaires,
electrical hardware, and wiring diagrams.
CONSULTANT will analyze roadway lighting level requirements for the Oregon Avenue
corridor, and luminaires will be designed to meet the identified requirements.
Recommendations will be based on WSDOT- provided lighting level requirements and
specifications and details for luminaire heads (style and wattage), standards, and poles
(including mounting height, arm length). CONSULTANT will prepare illumination plans
and details in accordance with WSDOT guidelines, showing proposed locations for new
luminaires, pole and wiring schedules, wiring diagrams, and details.
3.1.8. Signing and Pavement Marking Plans
Signing and marking plans will be prepared. These plans will delineate the locations of
all pavement markings including lane lines, crosswalks, turn arrows, and stop bars.
These plans also will show the locations and sizes of required signing indicating the type
and location of individual signs. Signing and striping will be designed in accordance with
the Manual of Uniform Traffic Control Devices (MUTCD) and WSDOT.
3.1.9. Property Restoration Plans
CONSULTANT will prepare property restoration plans to restore properties impacted by
the project. Unless specific mitigation is determined and accepted, these plans will
focus on restoring disturbed elements to pre - project conditions, to include fine grading,
surface patching, and landscaping immediately adjacent to the project limits.
3.1.10. Landscaping & Irrigation Plans
CONSULTANT will prepare landscaping and irrigation plans for Phase I roadway design.
Landscape Plans will identify plant species, size and quantity to be installed. Drawing
notes, special provisions and details will provide information for installation.
Irrigation plans will provide schematic layout of irrigation heads, lateral and mainline
piping as well as valves, sleeves, drains, quick couplers and joint restraints. Irrigation
control and system types will be comparatively evaluated to determine best possible
solution, including evaluation of 2 wire system vs. traditional automatic underground
Exhibit A -1: Scope of Work
Revised: 111212012 Page 12 of 27 11110 CH2MHILL
"W
irrigation system. Control will be coordinated with CITY equipment and design
standards to determine best means for operation to minimize maintenance.
Task 3.1 Assumptions:
• Phase I and Phase II submittal milestones may not be coincident. It is anticipated
that Phase I will be bid for 2014 construction, and Phase II will be bid for 2015
construction.
• Construction traffic control plans are not required and may be handled via contract
specifications.
• CITY to provide design and plans for backage roadways required due to access
management recommendations on Oregon Avenue. CONSULTANT will
incorporate CITY - provided plans in to bid sets.
• Landscape design and plans for Phase II are accomplished in Task 4.
Task 3.1 Deliverables:
+ The CONSULTANT will submit plans at the 60 %, 95% and 100% design
milestones for review.
+ Anticipated plan sheets include:
No.
Sheets
Phase I
No.
Sheets
Phase II
Description
2
2
General Plans
6
4
TESC Plans and Details
1 " =50'
2
1
Typical
Sections and Details
6
4
Site Preparation
Plans
and Details 1 " =50'
4
2
Drainage and
Utilities
Plan
& Profiles
2
2
Drainage and Utilities
Details
5
2
Roadway Paving Plans
2
2
Roadway Details
6
2
Intersection
Layouts
1
" =20'
8
6
Traffic Signal and Illumination Plans and Details
6
4
Signing and Pavement Marking Plans and Details
8
6
Property Restoration Plans and Details
15
0
Landscaping & Irrigation Plans and Details 1 " =20'
c of 1 IAL QMCM I,
Plan sheets will be V =40' horizontal scale, unless otherwise indicated.
3.2. Specifications
CH2M HILL will prepare specifications using the 2012 edition of the WSDOT Standard
Specifications for Road, Bridge, and Municipal Construction and WSDOT Special
Provisions. Standard plans will be identified and assembled for inclusion in the contract
documents. Modifications to the standards will be made with amendments and special
provisions. It is assumed that construction surveying will be included in the contractor's
contracted responsibilities.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 13 of 27 %0 CH211VIHILL
4W
Task 3.2 Assumptions:
• It is anticipated that Phase I will be bid for 2014 construction, and Phase II will be
bid for 2015 construction. Project contract documents will be developed with 2012
WSDOT Standard Specifications, and updates to accommodate subsequent
releases of the WSDOT Standard Specifications are not included in this work.
• CITY to provide design and specifications for backage roadway elements required
due to access management recommendations on Oregon Avenue.
CONSULTANT will incorporate CITY - provided plans in to bid sets.
Task 3.2 Deliverables:
+ The CONSULTANT will submit technical provisions at the 60% submittal, and will
submit project provisions at the 95% and 100% design milestones.
3.3. Summary of Quantities and Opinion of Cost
Develop detailed quantities for the roadway
documents. Develop a cost opinion for the
95 %, and 100% levels of completion.
Task 3.3 Assumptions:
elements and incorporate into the project bid
roadway elements of the project at the 60 %,
• It is anticipated that Phase I will be bid for 2014 construction, and Phase II will be
bid for 2015 construction.
• CITY to provide design and cost estimates for backage roadway elements required
due to access management recommendations on Oregon Avenue.
CONSULTANT will incorporate CITY - provided plans in to bid sets.
Task 3.3 Deliverables:
+ The CONSULTANT will submit cost estimates at the 60 %, 95% and 100% design
milestones to include agreed -upon contingency factors.
3.4. QA/QC Reviews
The CONSULTANT will perform Quality Assurance /Quality Control (QA/QC) reviews for the
project milestone submittals at 60 %, 95% and 100 %. A plans check, and review
specifications, quantities, bid schedule, and cost estimates will be performed. Review
comments and acceptable resolution will be documented in the project file.
3.5. Stakeholder Coordination and Public Outreach
The CONSULTANT will partner with the CITY to utilize communication tools and forums for
interaction with project stakeholders and the public.
Exhibit A -1: Scope of Work
Revised. 111212012 Page 14 of 27 40 CH2MHILL
i
3.5.1. Public Meetings #2,#3
The following public outreach meetings are anticipated for Task 3 — Roadway Design
Public
Outreach
Event Anticipated Timing
Purpose
#2 Following completion of 60% .
Communicate design progress, key
Design Milestone
access management and safety
improvement elements.
•
Coordinate property restoration
elements with parcel owners.
•
Solicit Public Input
#3 Following completion of 95% .
Coordinate property restoration
Design Milestone
elements with parcel owners.
•
Coordinate upcoming construction
traffic control elements, anticipated
timing, etc.
•
Solicit Public Input
Beyond public outreach events, the CONSULTANT
will coordinate with the CITY and
furnish project documents, and comment forms for publishing on the CITY'S website.
3.5.2. Stakeholder Coordination Meetings
The CONSULTANT will engage with public officials
and project advisory committee
(PAC) as identified in Task 1.2.1 by teaming with
the CITY to conduct and facilitate
stakeholder coordination meetings. Meetings with individual stakeholders and property
owners may be required during Task 3 — Roadway Design.
Task 15Assumptions:
• CITY will arrange for the meeting space, scheduling, and meeting logistics for
attendees.
• The CONSULTANT will furnish exhibits, sign -in sheets, and comment forms.
• The CONSULTANT will set -up prior to and break -down after each meeting.
• Up to four (4) individual stakeholder coordination meetings will be required.
Isk 3.5 Deliverables:
• Meeting Agendas, Meeting Notes, and Attendance Records (.pdf electronic format)
• Displays, Sign -In Sheets, Comment Forms
TASK 4. OREGON AVE & AINSWORTH ST INTERSECTION ENTRYWAY
The CONSULTANT's authorized Landscape Subconsultant will engage with CITY, Port of
Pasco, WSDOT and other stakeholders to develop a landscaped entryway feature to overlay
Exhibit A -1: Scope of Work
Revised: 111212012 Page 15 of 27 i/ CH2MHILL
4
the recommended intersection layout as determined in Task 2.2.4 and a coordinated landscape
approach for the Phase II Oregon Avenue Corridor.
4.1. Entryway Planning, Concept Development and Evaluation
The CONSULTANT will obtain and review traffic and transportation planning data to
include the current revisions of the following documents:
• Pasco Corridors and Gateways Plan
• Osprey Pointe Master Plan
• City of Pasco Design Standards and Standard Plans
• WSDOT Design Manual, LAG Manual, and Standard Plans
The CONSULTANT will work with the CITY, Port of Pasco, WSDOT and other
stakeholders to develop conceptual entryway vision and criteria to identify alternatives
for the Oregon Avenue and Ainsworth intersection layouts as developed in Task 2.2.2.
The CONSULTANT will develop up to two (2) alternative entryway landscape concepts
for evaluation. Landscape concept plans will consist of plan view and character
sketches from similar perspectives.
The CONSULTANT will develop comparative -level cost estimates for each entryway
landscape alternative concept. Estimates will be prepared with appropriate estimate
contingencies.
The CONSULTANT will work with the CITY, Port of Pasco, WSDOT and PAC to
evaluate alternative entryway concepts and identify a preferred landscape alternative for
the Phase II Oregon Avenue Corridor and entryway feature.
Task 4.1 Assumptions:
+ Approved refinements to the preferred alternative will be incorporated in to the
preliminary design, per Task 2.4.1.
Task 4.1 Deliverables:
• Alternative concept plans
• Comparative -level cost estimates for alternative concepts
4.2. Recommendations. and Documentation
The CONSULTANT will incorporate the Task 4 project development process into the
Preliminary Design Report as developed in Task 2.4.2 and develop preliminary design
for the preferred entryway alternative. The preliminary design will include development
of design and landscape for the Phase II corridor from 'A' Street to the entryway at
Ainsworth St. and Oregon Ave.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 16 of 27 40 CH2MHILL
The CONSULTANT will develop 30% design plans for the preferred entryway alternative
and Phase II Oregon Ave corridor to be used as a basis for final design, right -of -way
plans development, and NEPA documentation. Anticipated plan sheets include:
No.
No.
irrigation plans for entryway
Sheets
Sheets
plant species, size and quantity to be installed.
Phase I
Phase II
Description
0
5
1 Landscaping & Irrigation
Plans — Phase II Corridor & Entryway
u D I IAL SHtE75
Plan sheets will be 1 " =20' horizontal scale, unless otherwise indicated.
A preliminary construction cost estimate will be developed to encompass both phases of
the project.
4.2 Deliverables:
+ Preliminary plans and cost estimate will be incorporated in to the DRAFT and
FINAL Preliminary Design Report per Task 2.4.2.
+ Phase I landscape design is accomplished in Tasks 2 and 3.
4.3. Entryway Design
4.3.1. Final Design Plans
The CONSULTANT will develop final design plans for the Phase II Oregon Avenue
corridor and entryway feature. Final roadway design will include the following elements.
4.3.2. Landscaping & Irrigation Plans
CONSULTANT will prepare
landscaping and
irrigation plans for entryway
design.
Landscape Plans will identify
plant species, size and quantity to be installed.
Drawing
notes, special provisions and
details will provide
information for installation.
Irrigation plans will provide schematic layout of irrigation heads, lateral and mainline
piping as well as valves, sleeves, drains, quick couplers and joint restraints. Control will
be coordinated with CITY equipment and design standards to determine best means for
operation for ease of maintenance.
Signage and architectural features will be designed and detailed with information for
construction for inclusion into the construction documents.
Special colored concrete or colored concrete pavers for intersection treatments will be
designed, detailed and coordinated with roadway construction plans.
4.3.3. Specifications
CONSULTANT will prepare specifications using the 2012 edition of the WSDOT
Standard Specifications for Road, Bridge, and Municipal Construction and WSDOT
Special Provisions. Standard plans will be identified and assembled for inclusion in the
Exhibit A -1: Scope of Work
Revised: 111212012 Page 17 of 27 I0 CH211WHILL
.lp�
contract documents. Modifications to the standards will be made with amendments and
special provisions.
4.3.4. Summary of Quantities and Opinion of Cost
Develop detailed quantities for the roadway elements and incorporate into the project bid
documents. Develop a detailed cost opinion for the roadway elements of the project at
the 60 %, 95 %, and 100% levels of completion.
Task 4.3 Assumptions:
+ It is anticipated that Phase II will be bid for 2015 construction. Project contract
documents will be developed with 2012 WSDOT Standard Specifications, and
updates to accommodate subsequent releases of the WSDOT Standard
Specifications are not included in this work.
Task 4.3 Deliverables:
+ The CONSULTANT will submit plans at the 60 %, 95% and 100% design
milestones for review.
+ Anticipated plan sheets include:
No.
No.
provisions at the 60%
Sheets
Sheets
Phase I
Phase II
Description
0
7
1 Landscaping & Irri ation Plans — Phase II
Corridor & Entryway
0 7 TOTAL SHEETS
Plan sheets will be V =40' horizontal scale, unless otherwise indicated.
+ The CONSULTANT will
submit technical
provisions at the 60%
submittal, and will
submit complete project
provisions at the
95% and 100% design
milestones.
+ The CONSULTANT will submit cost estimates at the 60 %, 95% and 100% design
milestones to include agreed -upon contingency factors.
4.4. Stakeholder Coordination and Public Outreach
The CONSULTANT will partner with the CITY to utilize communication tools and forums for
interaction with project stakeholders and the public.
4.4.1. Public Meetings
The CONSULTANT will provide exhibits related to the Phase II corridor and entryway
landscape for three (3) public meetings identified in Tasks 2.3.1 and 3.5.1.
Beyond public outreach events, the CONSULTANT will coordinate with the CITY and
furnish project documents, and comment forms for publishing on the CITY'S website.
Exhibit A -1: Scope of Work
Revised: 11/2/2012 Page 18 of 27 CHt211VIIHILL
4.4.2. Stakeholder Coordination Meetings
The CONSULTANT will engage with public officials and project advisory committee
(PAC) as identified in Task 1.2.1 by teaming with the CITY to conduct and facilitate
stakeholder coordination meetings. Meetings with individual stakeholders and property
owners may be required during Task 4 — Oregon Ave and Ainsworth St. Entryway.
Task 4.4 Assumptions:
• CITY will arrange for the meeting space, scheduling, and meeting logistics for
attendees.
• The CONSULTANT will furnish exhibits, sign -in sheets, and comment forms.
• The CONSULTANT will set -up prior to and break -down after each meeting.
• Up to two (2) individual stakeholder coordination meetings will be required.
Task 4.4 Deliverables:
+ Displays
TASK 5. ENVIRONMENTAL DOCUMENTATION AND PERMITTING
The CONSULTANT will conduct the environmental evaluation and documentation required
under the National Environmental Policy Act (NEPA) and the State Environmental Policy Act
(SEPA) and will assist the CITY in their efforts to obtain the associated environmental permitting
for this project as follows:
5.1. Environmental Classification Summary
The CONSULTANT will prepare the Local Agency Environmental Classification Summary
(ECS), which will be submitted by the CITY to the Highways and Local Programs Division of
the Washington State Department of Transportation (WSDOT), where it will be reviewed and
approved before going to Federal Highways Administration (FHWA) for review and final
approval. The ECS will include a project description, purpose and need for the project, and
address environmental elements per the Local Programs Environmental Classification
Summary Guidebook (Washington State Department of Transportation, Highways and Local
Programs Division, January 3, 2012). Reference /supporting reports (prepared by
CONSULTANT as noted in the following subsections) will be attached to the ECS to
document compliance with environmental issues.
5.1.1. Section 106 /Cultural Resources Assessment
The CONSULTANT will perform the following cultural resources activities in compliance
with Section 106 of the National Historic Preservation Act of 1966 (as amended):
• Area of Potential Effect: CONSULTANT will identify the Area of Potential Effect
(APE) and prepare a map /figure.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 19 of 27 10 CH211VIIIHILL
40
• Notification and Initiation of Section 106 Consultation: CONSULTANT will write the
notification letter that will be sent to WSDOT from the CITY requesting approval of
the APE from Washington State Department of Archeology and Historic Preservation
(DAHP) and the tribes, and providing notice for initiation of the consultation process
with the tribes.
• Records Search: Conduct a records search of DAHP's website (WISSARD) to
identify known archeological and historical findings and features.
• Field Survey: Conduct archaeological field survey of project area. The survey will
include subsurface testing (i.e., up to forty (40) shovel probes will be performed
within three days of fieldwork along designated areas of the APE). The field survey
will be coordinated with the Confederated Umatilla tribes' archeological staff (should
tribal staff want to participate). This work includes Inventory Form preparation for up
to two (2) archaeological resources. If additional resources are discovered, they will
also be recorded on Inventory Forms, and resource findings will need to be
submitted to the DAHP, and evaluated for National Register of Historic Places
eligibility. Such new discovery and related work will require a scope of work and
budget adjustment by written amendment to the agreement between CONSULTANT
and the CITY. Evaluation of new sites may take additional fieldwork and reporting.
• Historical Evaluation: Verify current status of historic properties contained within the
project area. This work includes Inventory Form preparation for up to 4 historic
resources. If additional historical buildings or structures are found, they will also be
recorded and documented on Inventory Forms, evaluated for National Register of
Historic Places eligibility [NRHP- eligible historic properties become Section 4(f)
properties]. Such additional effort would require a scope of work and budget
adjustment by written amendment to the agreement between CONSULTANT and the
CITY.
• Cultural Resources Report: Prepare a draft and final Cultural Resources Report.
5.1.2. Environmental Justice Review
The CONSULTANT will review the online EPA -JVIEW database to ascertain presence of
protected groups within the Oregon Avenue corridor project limits. Using the WSDOT
LAG Manual matrix, the CONSULTANT will ascertain level of impacts to protected
groups and document anticipated impacts via memorandum. WSDOT will provide
CONSULTANT with a memorandum template for documenting zero to minor impacts.
No relocations are anticipated or included in this scope.
5.1.3. Hazardous Materials Evaluation and Report
The CONSULTANT will prepare a hazardous materials evaluation of the properties
adjacent to the bridge right -of -way to determine the potential for encountering hazardous
materials sites during construction of the replacement bridge. A record search will be
conducted on Ecology's website, historical maps and other available databases to
Exhibit A -1: Scope of Work
Revised: 111212012 Page 20 of 27 CH2MHILL
qW
review for past historical uses of these properties. A site survey will also be conducted.
The findings of this evaluation will be presented in a hazardous materials technical
memorandum based on an example report provided by WSDOT on March 12, 2012.
5.1.4. Prepare and Compile ECS Submittal
The CONSULTANT will prepare the ECS form per LAG Manual (Chapter 24) and ECS
Guidebook requirements and compile supporting materials in to a complete ECS
submittal.
5.2. SEPA Checklist
CONSULTANT will prepare a State Environmental Policy Act (SEPA) Checklist for the
Oregon Avenue (SR397) Corridor Traffic Study & Design project. A draft SEPA Checklist
will be submitted to the CITY for review, revised as needed, and final SEPA Checklist
submitted to the CITY.
Task 5 Assumptions:
+ The Local Agency ECS will result in a Documented Categorical Exclusion (DCE)
for NEPA and a Determination of Non - significance (DNS) for SEPA. Therefore,
there will be no need for a NEPA Environmental Assessment (EA) or for either a
NEPA or SEPA Environmental Impact Statement (EIS).
+ CITY will provide mapping, transportation data and other information that might be
required to complete the ECS and supporting discipline reports, SEPA
Environmental Checklist and JARPA.
+ WSDOT will lead consultations with the tribes and other state and federal
governmental agencies. If the tribes become involved during the cultural resources
field survey or require reimbursement for services, reimbursement of tribal services
are not included in this scope of work and will be paid directly by CITY.
+ The following are not included in this work:
o Hot spot analysis for air quality evaluation
o Wetland Inventory, Delineation, or Mitigation Plan
o Biological Assessment
o Noise Analyses
o Air Quality Analyses
o Endangered or Threatened Species
o Migratory Bird Treaty Act or Bald and Golden Eagle Act
o Section 4(f) evaluation. This assumes that there are no historic resources
eligible for listing on the NRHP, because if there are properties that meet
the criteria for listing, those properties would need to go through a Section
4(f) evaluation, and that work is not included in this scope of work.
o Visual Impact Analysis
Exhibit A -1: Scope of Work
Revised: 111212012 Page 21 of 27 CH2MHILL
o Aquatic Resources Permitting (e.g., shorelines, floodplain or hydraulic
approvals). Also, it is assumed that land can be acquired to accommodate
all stormwater control associated with the Project.
o Phase I or Phase II Environmental Site Assessment.
+ Permits needed for road construction including clearing and grading, street
obstruction and public right -of -way are assumed to be the responsibility of CITY.
An NPDES General Permit for Construction is assumed to be the responsibility of
the bridge contractor.
+ Application of Critical Areas Ordinance will be brief. This will include discussions on
the aquifer, geological hazardous areas, habitat management, and wetlands. There
will not be any need for any special survey, study, analysis, or reports for any of
these critical areas.
+ The only field surveys conducted will be for cultural /historic resources and
hazardous materials. The cultural resources survey will be limited to only those
lands that are within the Project right -of -way (ROW).The historic resources survey
will be limited to only those properties that share ROW boundary with the Project.
The hazardous materials survey will be limited to a distance from the road ROW
per WSDOT's guidelines.
isk 5 Deliverables:
• Draft and final APE approval and Section 106 initiation consultation letter
• Minutes of meetings (as necessary)
• Draft and final Cultural Resources Report; final will be attached to the ECS
• Draft and final environmental justice memo per WSDOT's template
• Draft and final technical memorandum summarizing hazardous materials
evaluation; final will be attached to ECS
• Draft and final NEPA ECS submittal documentation
• Draft and final SEPA Checklist
TASK 6. RIGHT -OF -WAY PLANS
6.1. Right -of -Way Field Surveys
The CONSULTANT will identify the need for additional field survey to locate controlling
section corners, plat monuments, street right -of -way monuments, and property corners to
facilitate additional calculations for section and sub - section lines, parcel lines, street
centerlines and right -of -way lines critical to the project. The CONSULTANT will provide the
CITY with a list of additional survey needs, for which the CITY may obtain through existing
On -Call Surveying contracts presently in place. Monuments and /or corners to be located
and field surveyed may include the following:
• Section Corners
• Crossing and side - street centerline monumentation
• Centerline monumentation for Oregon Ave (verification of existing basemap survey)
Exhibit A -1: Scope of Work
Revised: 111212012 Page 22 of 27 %0 GH2MHILL
w■
6.2. Records Research and Right -of -Way Calculations
The CONSULTANT will perform research to obtain available record documentation for street
centerlines and right -of -way, BNSF right -of -way, and WSDOT right -of -way. The
CONSULTANT will use the results from Task 6.1 and the information obtained in the record
documents to construct centerline alignments and right -of -way lines for Oregon Ave,
crossing and /or side streets and for the BNSF right -of -way within the project corridor. The
CITY will provide the CONSULTANT with all required title reports and supporting
documentation for individual parcel calculations related to any easements and /or right -of-
way acquisitions required for the project.
6.3. Right -of -Way Plans
The CONSULTANT will develop right -of -way plans in accordance with the WSDOT LAG
Manual, Chapter 25 to illustrate permanent right -of -way and temporary construction
easement needs for the project. Right -of -way plans will illustrate:
• Survey line or centerline for the roadway alignment.
• Existing and proposed RAN limits with ties to the survey line to allow for legal
descriptions of the areas to be acquired.
• Rights to be acquired (easements and temporary permits).
• Ownership boundaries and parcel identification numbers.
• Total area of each parcel affected by an easement or acquisition.
• Area of each easement and /or acquisition for each parcel
• Area of remainder for each parcel affected by an easement or acquisition.
Task 6 Assumptions:
• The CONSULTANT will not be responsible for providing field surveying services
under this scope. Any needed field surveying requirements will be the
responsibility of the CITY.
• One (1) set of right -of -way plans will be developed to accommodate both phases
(Phase I and II).
• It is assumed that up to 22 parcels will require permanent right -of -way takes.
• No acquisition services, other than identifying needs and including areas on the
final plan set, are included in this scope of work.
• CITY - provided right -of -way field surveys will be tied to existing survey control
points /monumentation as shown on survey by Permit Surveying, Inc., performed in
February, 2012.
6 Deliverables:
• List of Additional Survey Needs (as required)
• Results of Right -of -Way Calculations
Exhibit A -1: Scope of Work
Revised. 111212012 Page 23 of 27 V CH2MHILL
w
+ Draft and Final Right -of -Way Plans
TASK 7. GEOTECHNICAL EXPLORATION
The CONSULTANT will conduct field exploration and geotechnical analyses to ascertain
subsurface soil conditions for the purpose of developing pavement designs for roadway
widening on Oregon Avenue, and to ascertain soil conditions for potential stormwater
infiltration /injection.
7.1. Field Explorations and Laboratory Testing
The work will include drilling and logging of test pits and borings, and laboratory testing to
produce information for final geotechnical design of signal poles, luminaire foundations,
stormwater infiltration facilities, and pavement section design.
The CONSULTANT will mark proposed boring and test pit locations and calls to One -Call for
utilities will be made. It is assumed that for pavement foundation design, boring and test pit
locations will be located adjacent to existing pavement sections of Oregon Avenue and that
testing directly beneath the paved sections will not be required to obtain a representative
subgrade sample.
• It is assumed that CONSULTANT will drill and sample boring locations for a period of
two to three days, at approximately 500 -toot intervals on segments of Oregon
Avenue to be widened:
• Oregon Avenue (Superior Street to Lewis Street)
• Oregon Avenue ('A' Street to Ainsworth Street, less BNSF Right -of -Way)
• Boring depths are anticipated to be shallow ( <15 ft), with the possible exception of a
few borings advanced for the purpose of design of infiltration dry wells or signal pole
foundations.
• The purpose of these test borings will be to establish the engineering properties of
the soil at the test boring locations for pavement widening section design, luminaire
and signal pole foundations. During the drilling program, Standard Penetration Tests
(SPTs) will be conducted at intervals of 5 feet or at stratigraphic changes in soil. An
automatic hammer may be used to conduct SPTs. Groundwater depths (if
encountered) will be noted. Infiltration tests may also be conducted in the boreholes.
Equipment and labor to locate the test borings, drill the borings, and restore the site
upon completion will be provided. It is assumed that no groundwater monitoring
standpipes will be installed. CONSULTANT will be responsible for utility checks and
vehicular traffic control during drilling operations. A traffic plan and flaggers are not
considered necessary with work being conducted off the existing roadway.
• A backhoe and operator will be contracted to excavate and backfill test pits for a
period of up to two days at selected locations, to determine soil types and to perform
percolation tests at the locations of the proposed stormwater infiltration facilities. Test
Exhibit A -1: Scope of Work
Revised: 111212012 Page 24 of 27 11110 C612MHILL
•W
pits will be excavated, percolation measurements collected, and pit backfilled prior to
leaving each day.
• For planning purposes, it is assumed that CONSULTANT will perform percolation
tests at nine locations, either in bore holes or test pits. CONSULTANT will make
arrangements and pay costs for obtaining water for the percolation testing.
A geotechnical engineer or engineering geologist will be provided during test borings and pit
excavations to:
• Visually classify soils and rock according to ASTM methods
• Record drilling and test pit observations, including blow counts during SPTs on logs
• Collect soil and rock samples for laboratory analysis and classification
The boring and test pit logs will include observations made by drilling crews during drilling.
Depths at which groundwater is encountered also will be recorded. Test borings will be
restored to grade to match the existing conditions.
Laboratory tests will be conducted on selected soil samples to determine gradation and
moisture content of site soils. For this scope of work, it is assumed that the laboratory testing
program will consist of up to eight moisture contents, eight sieves, and four AASHTO T 307
(Resilient modulus) tests.
7.2. Pavement Design
The CONSULTANT will provide HMA and base rock thickness design to support Phase I
and 11 widening on Oregon Avenue. Pavement design will be performed in accordance with
WSDOT AND AASHTO Flexible Pavement Design standards and methods.
7.3. Foundation Design
The CONSULTANT will provide geotechnical analyses and recommendations to support
design and application of WSDOT standards for luminaire and signal pole bases, including
bearing, lateral earth pressures, and soil type designations. Preliminary seismic
characterization will also be provided.
7.4. Infiltration Facilities Design
The CONSULTANT will provide geotechnical analyses and recommendations to support
design of stormwater infiltration facilities. It is anticipated that drywells will be used for
Phase I roadway widening, and that behind -curb swales with infiltration galleries or drywell
overflows will be used for Phase II roadway widening. Either falling head or constant head
infiltration tests (in accordance with U.S. Bureau of Reclamation recommended procedures)
will be used for field tests, in order to support design values of transmissivity and hydraulic
conductivity of soils.
7.5. Geotechnical Report
CONSULTANT will prepare a geotechnical report, summarizing the field exploration,
laboratory testing, and geotechnical recommendations for the project. The report will
present:
Exhibit A -1: Scope of Work
Revised: 111212012 Page 25 of 27 CH2MHILL
• A summary of field exploration methods, results, and interpretations, including boring
and test pit logs, descriptions of soil conditions, and water levels encountered during
drilling.
• A summary of laboratory testing methods, data, and tabulated results.
• Geotechnical design recommendations for stormwater infiltration facilities, signal
pole foundations and pavement design recommendations (including layer thickness,
gradation and compaction requirements for crushed rock base course, and thickness
criteria for hot -mix asphalt concrete).
• An evaluation of the feasibility of on -site disposal of stormwater. The assessment will
be based on conditions encountered during site exploration and results of laboratory
gradation analyses. Laboratory data will be used to assess on -site disposal feasibility
and design infiltration rates based on published information that relies of correlations
of such rates with laboratory gradation analyses.
Quality Assurance /Quality Control (QA/QC) reviews for the geotechnical engineering
aspects of the project will be performed.
Task 7,2 Assumptions:
+ The CITY will obtain right of entry agreements prior to performing any work outside
of the street right -of -way and provide permits required to performing work within
the street right -of -way.
+ Any existing geotechnical reports for past work or adjacent facilities will be
provided to the CONSULTANT by the CITY, for reference literature.
7.2 Deliverables:
+ Draft and Final Geotechnical Report
General Scope of Work Assumptions:
+ The standard of care applicable to CONSULTANT's Services will be the degree of
skill and diligence normally employed by professional engineers or consultants
performing the same or similar Services at the time said services are performed.
CONSULTANT will reperform any services not meeting this standard without
additional compensation.
+ CITY will provide to CONSULTANT all data in CITY's possession relating to
CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely
upon the accuracy, timeliness, and completeness of the information provided by
CITY.
+ In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, CONSULTANT has no control over cost or price
of labor and materials; unknown or latent conditions of existing equipment or
Exhibit A -1: Scope of Work
Revised: 111212012 Page 26 of 27 CH2MHILL
structures that may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by operating
personnel or third parties; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore,
CONSULTANT makes no warranty that CITY's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary from CONSULTANT's
opinions, analyses, projections, or estimates. If OWNER wishes greater assurance
as to any element of PROJECT cost, feasibility, or schedule, CITY will employ an
independent cost estimator, contractor, or other appropriate advisor.
+ In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, exploration, and
investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect total PROJECT cost and /or execution. These conditions and
cost/execution effects are not the responsibility of CONSULTANT.
Exhibit A -1: Scope of Work
Revised: 111212012 Page 27 of 27 40 CH2MHILL
r
Exhibit D =1
Payment (Lump Sum)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT provided hereinafter. 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 work
specified in Section 11, "Scope of Work." The CONSULTANT shall confonn to all applicable portions of 48
CFR Part 31. The estimate in support of the lump sum amount is attached hereto as Exhibit "D" and by this
reference made part of this AGREEMENT.
A. Lump Sum Agreement: Payment for all consulting services for this PROJECT shall be on the
basis of a lump sum amount as shown in the heading of this AGREEMENT.
Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY
to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the
Total Amount Authorized, and the Management Reserve Fund. The Maximum Total
Amount Payable does not include payment for Extra Work as stipulated in Section XIV,
"Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of costs on a monthly basis. To provide a means of verifying the billed salary
costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews.
These interviews may consist of recording the names, titles, salary rate, and present duties of
those employees performing work on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount
earned will be made promptly upon its verification by the AGENCY after the completion of
the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes,
reports, electronic data and other related documents which are required to be furnished under
this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall
constitute a release of all claims for payment, which the CONSULTANT may have against
the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or
to any remedies the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any
item and at the time of final audit, all required adjustments will be made and reflected in a
final payment. In the event that such final audit reveals an overpayment to the
CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within
thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by
the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST
AUDIT to begin the appeal process to the AGENCY for audit findings.
DOT Form 140 -089 EF Exhibit D -1
Revised 01109
D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep
available for inspection by representatives of the AGENCY, STATE and the United
States, for a period of three (3) years after receipt of final payment, the cost records
and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out
of, in connection with, or related to this contract is initiated before the expiration of
the three (3) year period, the cost records and accounts shall be retained until such
litigation, claim, or audit involving the records is completed.
City of Pasco, Washington
Exhibit E -1
Oregon Avenue (SR -397) Corridor Traffic Study & Design
CH2M HILL
Labor Hours (See Attached Labor Summary) 2958 $114,920.60
Direct Salary Cost $114,920.60
Direct Salary Escalation Cost (estimated)
2012 to 2013 3% $33447.62
Total Direct Salary Cost $118,368.22
Overhead Cost @ 114.16% of Total Direct Salary Cost $135,129.16
Fixed Fee @ 30.0% of Total Direct Salary Cost $35,510.47
Total Overhead & Fixed Fee Cost $170,639.62
Total Labor Cost $289,007.84
Direct Expenses
Reproduction Cost
Reports
Misc. copies
Reprographics
Mail/Deliveries/etc.
Mileage 2,260
Auto Rental /Gasoline 5
Lodging 7
Aerial Photographs
Travel Total (airfare, train, etc)
Equipment Rentals, EDM, GPS
Parking
PerDiem
Drilling
Excavating /Test Pit
Materials Lab
Total Expenses
No.
0
0
21
20
Mi. @
days @
days @
0
4
1
1
6 days @
1
Subcontracts
Bernardo I Wills Architects
Total Subcontracts
Each
$0.05
$0.05
$40
$15
$0.555
$85
$110
$3,000
$350
$166
$30
$150
$10,000.00
$2,000.00
$5,000.00
/Mile
/day
/day
/day
Total Lump Sum Price (Labor, Expenses, Subcontracts)
Page 1 of 2
Cost
$0.00
$0.00
$840.00
$300.00
$1,254.30
$425.00
$770.00
$0.00
$1,400.00
$166.00
$30.00
$900.00
$10,000.00
$2,000.00
$5,000.00
$37,440.89
$23,085.30
$37,440.89
$349,534
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Exhibit F
CH2M HILL, INC.
(A Wholly -Owned Subsidiary of
CH2M H1LLCompanies, Ltd.)
Schedule of Federal Acquisition Regulation Compliant Indirect Cast Rate
CH2M HILL Home Office Indirmt Rate
Year ended Deccmbtr 31, 2011
Payroll taxes and fringebenefu:
Payroll taxes
Vacation, holiday, and sick pay
Group insurance and miscellaneous
Pension plan
General and administrative expenses'
Indirect salaries
lnant ive and retirement pay
Buildings and equipment
Taxes, licenses, and insurance
Professional services
Travel and subsistence
Office supplies
Professional education
Recruiting casts
Priming and computers
Homeoffice and intermediate allocations
Total indirect expenses
Direct labor costs (base)
Indirect cost rate
General Total
ledger Adjustments claimed Comments
S 37,102,214
664,274
54,115,074
13,868
491642,739
(1,876,919)
10,711,883
(39,880)
151,57)M0 (1,238,657)
157,091,223
38,122,406
98,716,396
56,667,629
(25, J 33,673)
13.596,950
17,633.057
3,737,788
2,660,636
985,286
(69,016,624)
295,061,074
S 446.632,984
E 268,980,689
254,157
(15.270,362)
2,206,964
(39,982,890)
(4,696,718)
(4,101,784)
(7,932,315)
(1,176,373)
(2,268,196)
230
(66,184,548)
(139,)511835)
(140,390,492)
10,280
37,766,488
54,128,942
47,765,820
10,672,003
150.333,253
1$7,345,380
22,852,044
100,923,360
16,684,739
(29,830,391)
9,495.166
9,700,742
2,561,415
392,440
985,516
(135,201,172)
155,909,239
306,2421492
268.990,969
113.8%
13, 14
I, 14
1, 2, 14
3, 14
8, 11, 14
1. 9, 14, IS
415,14
I, 11, 12, 14
I. S, 11, 14
1, t4
1. I I, 14
),14
I. 14, 49
14
S, 6, 7, 9, 10, 14, 16, 17
Facilities capital cost of money rate (note 9) 0.360 °% 19
Comments: Home Office Rate = 114.16% (with inclusion of FCCM)
1. Unallowable costs removed per the Federal Acquisition Regulations (FAR) Part 31.
2. Postretiremenl boncOls adjustments per the FAR and the Cost Accounting Standards (CAS).
1 Pension cast adjustments per the FAR and the CAS.
4. Adjustment to reverseamonization of deferred gain on sale Denver office buildings. Costs are limited to the constructive costs of
ownership.
5. Credit to offset overhead expenses with inainglleimbMement received and temuve overhead charges to affiliates. per FAR 31.201 -5.
6. Holdingampony allocation from CH2M HILLCompanics ,Ltd.
7. Allocation from C112M HILL Gronp Management HOI a Office.
S. Adjustment for FAR compensation limits.
9. Adjustment to remove unallowableiunclaimtd projects.
10. Adjustment to remove fringe benefits a located to unallowablehmclaimed projects.
t 1. Adjustment to reclassify overlwad warranty costs t0 dire( per CAS disclosure statement.
12. Adjustment wself- insured professional liability to align to projected average losses per CAS416.
13. Adjustment of stir- insured workers compensation costs to projected average less per CAS 416.
14. Indirect costs are allmated between Field and Hoare Office. (note 12)
15. Adjustment made to add incentive componseuon paid.
16. Adjusro+ent to allocated occupancy costs based on actual usage.
17. Adjustment to allocated intbnnation tahnologv costs based on actual usage.
18. Adju lment of allocated Talent Acquisition Deployment Center (TADC) to actual costs incurred.
19. Facilities capital cost of money rare is not applicable to the Field Office indirect cost rare.
Sec accompanying notes to Schedules of Federal Acquisition Regulation Compliant Indirect Cost Rates.
Company Confidential
Exhibit G
Subcontracted Work
The AGENCY pennits subcontracts for the following portions of the work of this AGREEMENT:
DOT Form 140 -089 EF Exhibit G
Revised 6105
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Exhibit H
Title VI Assurances
During the performance of this
AGREEMENT, the
CONSULTANT,
for itself, its assignees, and successors in
interest agrees as follows:
Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s). For federally funded projects, the Region Highways and Local Programs Engineer
should be informed and involved in these procedures. (Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6105
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H &LP for their review and consultation with
the FHWA. H &LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will
request assistance from the Attorney General's Office for legal interpretation. H &LP will also
identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, W SDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6105
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
I hereby certify that I am
representative of the firm of
firm I here represent has:
Exhibit M -1(a)
Certification Of Consultant
CH2M HILL. INC.
Proj ect No.
Local Agency
and duly authorized
whose address is
and that neither I nor the above
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date
DOT Form 140 -089 EF Exhibit M-1(a)
Revised 6/05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of CITY OF PASCO
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any finn, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or cotmnission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application /proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
11. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): CH2M HILL, INC.
(Date)
DOT Form 140 -089 EF Exhibit M.2
Revised 6/05
(Signature) President or Authorized Official of Consultant
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for snaking
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): CH2M HILL, INC.
(Date)
DOT Form 140 -089 EF Exhibit M -3
Revised 6105
(Signature) President or Authorized Official of Consultant
AGENDA REPORT
FOR: City Council November 7, 2012
TO: Gary Crutchfield, t Manager Workshop Mtg.: 11/13/12
Regular Mtg.: 11/19/12
FROM: Lynne Jackson, Human Resources Manager
SUBJECT: Bargaining Contract for Uniformed Police Department Represented Employees
I. REFERENCE(S):
1. Proposed Collective Bargaining Agreement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11113: DISCUSSION
11/19: MOTION: I move to approve the Collective Bargaining Agreement with the
Pasco Police Officers Association, uniformed employees, for years
2011 -2013 and, further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
Increases annual cost of police operations by approximately $600,000.
IV, HISTORY AND FACTS BRIEF:
The previous contract terminated December 31, 2010.
V. DISCUSSION:
The city and representatives of the uniformed employees in the Police Department who
are represented by PPOA (all police officers) have reached tentative agreement on a new,
three -year contract. The bargaining unit has voted to approve it. Following is a listing of
the significant changes:
Effective January 1, 2011:
Effective payroll beginning July 11, 2011
Effective first full payroll of 2012:
Effective first full payroll of July 2012:
Effective first full payroll of 2013:
3.0% increase
1.0% increase
2.0% increase
2.0% increase
100% CPI -U, b/c western cities;
October /October, 1/4% min/max
Effective 1/1/13: Insurance premiums will increase to 12% of the composite
premium with a cap of 2.5% of the 36+ month officer pay step.
The City and Association agree to meet in Labor Management to discuss a long term
extension and modifications of the 10- hour /40- minute work schedule as described in
the 2010 Memorandum of Agreement between the City and the Pasco Police
Officers' Association.
Staff recommends Council ratification of the Agreement,
4(f)
2011 -2013
Collective Bargaining Agreement
between
City of Pasco
and
Pasco Police Officer's Association
Uniformed Employees
TABLE OF CONTENTS
PAGE
WITNESSETH....................................................................................................................... ..............................1
ARTICLE1 RECOGNITION ...................................................................................... ..............................1
ARTICLE2 TERM AND SCOPE OF AGREEMENT,,,,,",,,,,,,,,.,, ..... I.., ................. ....... 1
ARTICLE 3 MANAGEMENT RIGHTS,,,,,.,, ........................ ............. 0 ....... 0 ...... 0 ............ 1
ARTICLE 4 PERFORMANCE OF DUTY,,",,,,", ... I ............... ............. 0 ........................
2
ARTICLE 5 GRIEVANCE PROCEDURE,..,,,.,., ... ............................................................
3
Section 1. Written Grievance to Division Captain ................................................ ..............................3
Section 2. Written Grievance to Chief of the Department .................................... ..............................3
Section 3. Grievance Appealed to City Manager .................................................. ..............................3
Section 4. Grievance Appealed to Arbitration ....................................................... ..............................3
Section5. Special Provisions .................................................................................. ..............................4
ARTICLE6 DAYS OFF EXCHANGE ........................................................................... ..............................5
Section1. Shift Exchange ....................................................................................... ..............................5
Section2. No Overtime Liability ........................................................................... ..............................5
ARTICLE7 SICK LEAVE ........................................................................................... ..............................5
Section1. Purpose ................................................................................................... ..............................5
Section2. LEOFF 11., ............................................................................................................................
a. Accrual of Sick Leave .................................................................................. ..............................5
b. Probationary Employee Accrual and Use of Sick Leave ............................ ...............................
5
5
i. Reporting ................................................................................................ ..............................5
C. Sick Leave with Pay ....................................................................................... ..............................5
i. Reporting ................................................................................................ ..............................5
ii. Medical Certification ............................................................................. ..............................6
iii. Medical Examination ............................................................................ ..............................6
d. Return to Work after Sick Leave ................................................................... ..............................6
e. Sick Leave — Payment in Lieu Thereof ........................................................ ..............................6
Section 4. Illnesses of Family Members ................................................................ ..............................6
a. Serious Illness ................................................................................................. ..............................6
b. Definition Famil y ........................................................................................... ..............................6
C. Definition Serious Illness ............................................................................... ..............................6
d. Definition Children ........................................................................................ ..............................7
Section 5. Return to Work/Light Duty ................................................................... ..............................7
a. Work Assignments ......................................................................................... ..............................7
b. Rate of Pay/Required Duty ............................................................................ ..............................7
Section6. Paternity ................................................................................................. ..............................7
Section7. Maternity ................................................................................................ ..............................7
2011 -2013 Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees —page i
ARTICLE8 OVERTIME ............................................................................................. ..............................7
Section 1. Overtime Threshold and Rate ............................................................... ..............................7
Section 2. Payment for Call -back, Court and Training ......................................... ..............................7
Section3. Other Rules ........................................................................................... ..............................8
a. Travel Time ................................................................................................... ..............................8
b. Sick Leave ................................................................................................... ..............................8
c. Vacation Leave ............................................................................................... ..............................8
d. Military Leave ................................................................................................ ..............................8
e. Witness Fees ................................................................................................... ..............................8
f. Civil Payments ............................................................................................... ..............................8
Section 4. Compensatory Time Accrual ................................................................ ..............................8
Section5. Compensatory Time Use ...................................................................... ............................... 8
Section 6. Compensatory Time Annual Conversion ............................................. ..............................9
Section7 . ................................................................................................................ ..............................9
ARTICLE9 BEREAVEMENT,..,,..,.,,.,,, ...................... 11P1.111 ................................ I ...... .......................... 9
ARTICLE 10 MEDICAL, DENTAL, LIFE INSURANCE'.., ......... I ........................ .............. 0,46046, ......... 0.9
Section 1. Medical and Dental Insurance for Employees and Dependents .......... ..............................9
Section2. Vision Care ............................................................................................. .............................10
Section3. Life Insurance ......................................................................................... .............................10
ARTICLE11 HOURS OF WORK ................................................................................... .............................10
Section1. Duty Schedule ......................................................................................... .............................10
ARTICLE12 CLOTHING ALLOWANCE ....................................................................... .............................10
Section 1. Quartermaster System ............................................................................ .............................10
a. Uniform Items ................................................................................................. .............................10
b. Weapon Items and Equipment ..................................................................... ............................... 11
c. Leather or Synthetic Leather Gear Items ....................................................... .............................11
Section 2. Replacement of Issued Items ................................................................. .............................11
Section3. Uniform Shoes / Boots ............................................................................. .............................11
Section4. Plain Clothes ......................................................................................... ............................... l l
ARTICLE 13 WORKING OUT OF CLASSIFICATION ................................................... .............................12
ARTICLE 14 HOLIDAYS AND VACATIONS,, ... 11 .... ...... ..... 12
Section1. Vacations ................................................................................................. .............................12
a. Vacation Accrual ............................................................................................. .............................12
b. Accumulation of Vacation .............................................................................. .............................12
C. Vacation Cash-out. ....................................................................................................................... 12
d. Probationary Empl oyees ................................................................................. .............................12
Section2. Floating Holiday ..................................................................................... .............................12
Section3. Holidays .................................................................................................. .............................13
2011 -2013 Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees —page ii
ARTICLE 15 WAGES,,, .... ......... ...... 0.9 ................ ............... 13
Section1. 2011 Wages ............................................................................................ .............................13
Section2. 2012 Wages ............................................................................................ .............................13
Section3. 2013 Wages ............................................................................................ .............................13
Section 4. Corporals and Sergeants ......................................................................... .............................13
Section5. Detectives ................................................................................................ .............................14
Section6. Detective Sergeants ................................................................................ .............................14
Section 7. Field Training Officers ........................................................................... .............................14
Section8. SWAT ............................................................. ............................... 14
ARTICLE16 POLICE ACADEMY ATTENDANCE,".,,,,..,,, ................. ..... 0 .... 0 ................... 000,000,004 14
Section1. Overtime .................................................................................................. .............................14
Section2. Transportation ......................................................................................... .............................14
Section3. Allowance ............................................................................................... .............................14
ARTICLE17 SAVINGS CLAUSE ................................................................................... .............................14
ARTICLE18 POLICE OFFICER CAREER DEVELOPMENT PLAN ............................... .............................15
Section 1. Tuition Reimbursement .......................................................................... .............................15
Section2. Monthly Premium ................................................................................... .............................15
a. Police Officer, Sergeants, and Corporals ....................................................... .............................15
ARTICLE 19 BILINGUAL INCENTIVE,',,", ...... I ................ .............................. ............. 15
ARTICLE 20 PHYSICAL EXAMINATION ...................................................................... .............................16
Section1. Required .................................................................................................. .............................16
Section2. Requested ................................................................................................ .............................16
ARTICLE21 K -9 OFFICER .......................................................................................... .............................16
Section1. Off -Duty Time ........................................................................................ .............................16
Section2. FLSA ....................................................................................................... .............................16
Section3. Payment ................................................................................................... .............................16
Section 4. Serious Illness or Injury .......................................................................... .............................16
ARTICLE 22 SUBSTANCE -FREE WORK PLACE POLICY ........................................... .............................16
ARTICLE23 FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 ..................... .............................17
Section 1. Administrative Order Number 231 ........................................................ .............................17
Section2. Notice Required ...................................................................................... .............................17
Section3. Conflict .................................................................................................... .............................17
ARTICLE24 PREVAILING RIGHTS ............................................................................. .............................17
ARTICLE25 SHIFT BIDDING ....................................................................................... .............................17
ARTICLE26 LAYOFFS ................................................................................................. .............................17
2011 -2013 Collective Bargaining Agreement between the City of Pasco and
The Pasco Police Officer's Association Uniformed Employees —page iii
2011 -2013
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
PASCO POLICE OFFICER'S ASSOCIATION
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "Employer," and the Pasco Police Officer's Association, hereinafter referred to as the
"Association."
WITNESSETH:
It is recognized that continued harmonious relations are essential between the Employer and the
Association. It is the intent of the Association to maintain the past excellent relationship and meet any
differences that may arise in a rational, common sense manner.
ARTICLE 1 - Recognition
The Employer recognizes that the Association is the exclusive bargaining representative for all the
employees of the Pasco Police Department in the civil service classifications of sergeant, corporal, and
police officer.
"Employee(s)" as used herein means and is limited to police department employees employed in the civil
service classifications of sergeant, corporal, and police officer.
ARTICLE 2 - Term and Scope of Agreement
Section 1. Term. All provisions to take effect upon signing with the exception of economic issues and
those issues with specific implementation dates.
Section 2. Scope. The Agreement expressed herein in writing constitutes the entire Agreement between
the parties and no oral statement shall add to or supersede any of its provisions during contract years
2011 -2013, the term of this Agreement. Provided, however, if the parties hereto have commenced
negotiations for a new contract in accordance with statutory requirements and such negotiations are
continuing at the termination date written above, the provisions of this contract shall remain in full force
and effect until the parties reach impasse in their negotiations or the effective date of a new contract,
whichever first occurs. Nothing herein shall be construed to interfere with any person's ability to initiate
a representation question or election with PERC.
Section 3. Zipper. The parties acknowledge that each has had the right and opportunity to make
proposals with respect to any matter being the proper subject for collective bargaining. The results of the
exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this
Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain
with respect to any subject or matter not specifically referred to or covered by this Agreement.
ARTICLE 3 - Management Rights
The Association recognizes the exclusive right and prerogative of the Employer to make and implement
decisions with respect to the operation and management of the Police Department. Provided, however,
that the exercise of any or all of these rights shall not conflict with any provision of this Agreement. Such
rights and prerogative include, but are not limited to, the following:
The establishment of the qualifications for employment and to employ employees.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 1
2. To establish the make -up of the Police Department's work force and to make changes
from time to time, including the number and kinds of classifications, and direct the work
force towards the organizational goals established by the city.
3. Determination of the Police Department's mission, policies, and all standards of service
offered to the public.
4. To plan, direct, schedule, control and determine the operations and services to be
conducted by the employees of the Police Department in the city.
5. Determining the means, methods and number of personnel needed to carry out the
department's operations and services.
6. The reasonable approval and scheduling of all vacations and other employee leaves.
7. The hiring and assignment or transfer of employees within the department or to other
police - related functions.
8. The layoff of any employees from duty due to insufficient funds or change in the
department's mission, standards of service or other budgetary priorities set by the City
Council.
9. The introduction and use of new or improved methods, equipment or facilities.
10. The assignment of work to and the scheduling of employees.
11. The taking of whatever action is necessary to carry out the mission of the City or Police
Department in emergency circumstances and situations.
12. The determination of the department budget.
13. The right to: suspend, demote, discharge, or take other disciplinary action against
employees forjust cause.
Any employee who may feel aggrieved by the unfair discriminatory exercise of the management rights
specified above, may seek his remedy by the Grievance Procedure provided for in this Agreement.
ARTICLE 4 - Performance of Duty
Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement will
engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu -flu, speed -ups, mass
resignations, mass absenteeism, the willful absence from one's positions, the stoppage of work or the
abstinence in whole or in part of the full, faithful and proper performance of the duties of employment for
the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights,
privileges or obligations of employment. In the event that any employee violates this Article, the
Association shall, upon becoming aware of the situation, immediately notify any such employees in
writing to cease and desist from such action and shall instruct them immediately to return to their normal
duties. Any and all employees who violate any of the provisions of this Article may be discharged or
otherwise disciplined.
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ARTICLE 5 - Grievance Procedure
A grievance shall be defined as a dispute or disagreement raised by an employee or group of employees
against the Employer involving the interpretation or application of the specific provisions of this
Agreement. Provided, any employee disciplined by discharge, demotion, or suspension longer than three
(3) days, who has within twelve (12) months of the discipline received an Appeal Decision from the
Pasco Civil Service Commission concerning conduct that is the same or similar to conduct upon which
discipline is currently based, must use the statutory Civil Service appeal procedure and is precluded from
using this grievance procedure. Grievances, as herein defined, shall otherwise be processed in the
following manner:
Section 1. Written Grievance to Division Captain. As soon as possible, but in no case later than
fourteen (14) calendar days after the grievant knows or should have known of the event giving rise to the
complaint, the grievant shall first submit in writing on a standardized form (Appendix A) his complaint to
his Division Captain, noting the essential facts, the provision(s) of the Collective Bargaining Agreement
alleged to be violated and the relief sought. Said Captain shall make an investigation of the relevant facts
and circumstances of the complaint and attempt to resolve the matter within his delegated scope of
authority and the terms of this Agreement, no later than fourteen (14) calendar days from the time the
grievance was submitted to him.
Section 2. Written Grievance to Chief of the Department. If the Captain does not resolve the matter
to the satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the receipt of
written response from the Captain, submit the grievance in writing to the Chief of Police. The writing
shall include the original grievance filed with the Captain, the Captain's response and the objections to
the Captain's response. The Chief of Police shall meet with the grievant and then respond to the grievant
in writing of his decision within fourteen (14) calendar days following his receipt of the written
grievance.
Section 3. Grievance Appealed to City Manager. If the complaint is not settled, the employee may
notify the City Manager in writing, by providing all the previous written filings and responses and his
objections to the Chiefs response within fourteen (14) calendar days from the date of his receipt of the
Chief's written response. The City Manager shall hold a hearing on the dispute within fourteen (14)
calendar days where the parties may provide evidence and testimony. The City Manager shall issue a
written decision and the reasons therefore within fourteen (14) calendar days of such hearing.
Section 4, Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled
grievances that concern provisions of this Agreement to arbitration according to the following steps:
(a) A request for arbitration shall be in writing and shall be submitted to the other party within
fourteen (14) calendar days following the date of the reply made in Section 3. Said appeal
shall identify the previously filed grievance and set forth the issue(s) that the moving party
seeks to have arbitrated.
(b) An arbitrator may be selected by mutual agreement of the parties. In the event the parties
cannot agree on the selection of an arbitrator within fourteen (14) calendar days, a joint
request shall be made to the FMCS for a list of seven (7) arbitrators. Selection shall be made
by alternatively striking names from the list with the party striking first determined by coin
toss.
(c) The arbitrator shall be limited to determining whether a party has violated, erroneously
interpreted, or failed to apply properly the terms and conditions of this Agreement and the
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 3
appropriate remedy. The arbitrator shall have no power to change, delete from, add to or alter
the terms of this Agreement. If possible, the arbitrator shall also designate the losing party.
(d) The parties
agree
that the decision of the arbitrator
shall be final
and binding and
implemented
within
thirty (30) calendar days following the
rendering of the
decision.
(e) The cost of arbitration shall be paid by the losing party, including the arbitrator's fee and
expenses. Room rental, if any, and the cost of court reporter's time shall be evenly shared.
Each party shall pay its own cost of any copy of the written record that party orders from the
reporter. If the arbitrator cannot designate which party is the loser, each party will pay one -
half (1/2) of the cost of the arbitration.
(f) Each party shall bear the cost of the preparation of its own case.
(g) The taking of a grievance beyond
Section 3 of this
grievance procedure
or to an appeal
hearing of the Pasco Civil Service
Commission constitutes an election of
remedies and a
waiver where lawful of all rights to
litigate or otherwise
contest the appealed
subject matter in
any court or other available forum.
Likewise, litigation
or the contest of the grievance subject
matter in any court or other forum
shall constitute an
election of remedies
and a waiver of
right to arbitrate the matter.
Section 5. Special Provisions:
(a) The term "employee" or "grievant" as used in this article shall mean an individual employee,
group of employees, or the Association.
(b) An Association representative and /or aggrieved party shall be granted time off without loss of
pay for the purpose of processing a grievance from Section 2 forward. Any investigation
undertaken by the Association upon the work site shall be conducted so as not to disturb the
work of uninvolved employees and only after advance notice to the department head.
(c) A grievance may be entertained or advanced to any step in the grievance procedure if the
parties so jointly agree.
(d) The time limits as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time must be signed by
both parties.
(e) Any grievance shall be considered settled at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher authority within the prescribed
period of time.
(f) Failure by a grievant or the PPOA to act within the time limits specified in any step, shall
constitute a waiver and forfeiture of the moving party's right to further consideration of the
grievance, except when the failure is due to a cause over which the grievant or PPOA had no
cause in initiating or control. Failure, absent good cause, to meet with the Chief of Police or
City Manager at their request on a grievance appeal to their office (Section 3 and 4) shall be
deemed a waiver of the grievance and the grievant's right to further appeal.
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ARTICLE 6 - Days Off Exchange
Section 1. Shift Exchange. Employees shall have the right to exchange days off when the exchange
does not interfere with the best interests of the Police Department or result in overtime liability for the
employer. Requests for exchanges of days off shall be made forty -eight (48) hours in advance of the day
requested, excluding holidays and weekends, and be subject to the approval of the Chief of Police or his
designee.
Section 2. No Overtime Liability. A shift exchange shall not result in overtime liability for the
employer and the parties agree to adopt the 7(k) exception of the FLSA for the purposes of this Article.
When exchange results in an employee working hours that would qualify for overtime, the excess hours
worked shall be excluded from the calculation of hours for which the employee would otherwise be
entitled to overtime. Where employees trade hours, each employee will be credited as if he or she had
worked his or her normal work schedule for that shift.
ARTICLE 7 - Sick Leave
Section 1. Purpose. It is understood that sick leave is solely for the purpose of illness or injury when the
employee is unable or unfit to report to work or as provided in Section 4. For all employees, paid sick
leave shall not be available for illness or injury resulting from or caused by accident connected with other
gainful employment and any such illness or injury shall be reported to the employee's immediate captain
at the earliest opportunity. The Chief of Police, or his designee, may require a doctor's certificate, at his
discretion.
Section 2.
LEOFF II. Employees hired on or after October 1,
1977 ( LEOFF
II) shall accrue and receive
sick leave
benefits as follows:
(a) Accrual of Sick Leave. New employees beginning work for the City prior to midnight of the
15t" of the month shall earn sick leave credits from the first of the month. All employees
beginning work for the City after 12:01 a.m. on the 16`h of the month shall not earn sick leave
credits until the I" of the succeeding month. Sick leave shall accrue at the rate of eight (8) hours
for each month for each regular employee to a maximum accumulated sick leave of twelve
hundred (1,200) hours. However, the severance benefit provided hereafter shall be based on the
product of twenty -five percent (25 %) times the accrued number of sick leave days up to a total
seven hundred twenty (720) hours.
(b) Probationary Employees Accrual and Use of Sick Leave.
i. Reporting. Neither a temporary, provisional or probationary employee is entitled to take paid
sick leave, provided, however, a probationary employee shall be entitled to take paid sick leave
after six (6) months of probationary employment. A probationary employee shall earn sick leave
credit in accordance with paragraph a), which shall be credited to him after six (6) months of
probationary employment.
(c) Sick Leave with Pay. Employees shall earn and may be granted time off with pay covering
periods of illness for involuntary physical incapacity, except time off caused by accident
connected with other gainful employment to the extent that sick leave has accrued. In order to be
granted sick leave with pay, an employee must meet the following conditions:
i. Reporting. Notification of absence due to use of sick leave shall be given to the Chief of
Police or his designee as soon as possible on the first day of such absence and every day
thereafter (unless requirement is waived by the Chief) and in as far in advance of the scheduled
work as possible. Generally, this report shall be made no later than one -half (1/2) hour before the
start of the shift. The notification must include the general symptoms experienced by the
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 5
employee that cause the employee to claim sick leave. Failure to promptly report any illness or
injury may be considered an absence without pay and may subject the employee to discipline as
well.
ii. Medical Certification. If absence extends beyond three (3) working days duration, the
employee will be required, at the option of the Chief, to submit a medical certificate signed by a
physician confirming the employee sickness or injury, that the employee has been unfit for work
for the period of absence and is again able to return to work. The cost of the medical certificate
shall be at the city's expense.
iii. Medical Examination. Permit the city to make a medical examination or nursing visit if the
city deems it so desirable. The expense of such a medical examination or nursing visit shall be
paid by the city.
(d) Return to Work after Sick Leave. The city may require a certificate from an employee's
physician stating that the employee is physically capable of returning to work. The city may, in
addition and at its expense, require the employee to be examined by a physician of the city's
choice to determine the ability of the employee to safely perform his assigned tasks.
(e) Sick Leave - Payment in Lieu Thereof. An employee, at the time of leaving the city, except for
any such employee who has not given at least two (2) weeks written notice of their voluntary
termination of employment with the city, shall have twenty -five percent (25 %) of his or her
accumulated and unused sick leave, up to an aggregate credit of seven hundred twenty (720)
hours paid to them in accordance with regular city payroll procedures.
Section
4. Illnesses of Family
Members.
(a)
Serious Illness. In the
event of a
serious illness in the family
of the employee, the
employee, at
his or her request, shall be granted time off utilizing earned sick leave time.
(b) Definition Family. For the purpose of this section family shall be defined as follows: spouse,
parent, children, grandparent of the employee and those same family members of the employees'
spouse.
(c) Definition Serious Illness. Illness which requires "treatment or supervision" means:
i. Any medical condition which requires medication that the family member cannot self -
medicate; or
ii. Any medical or mental condition that would endanger the family member's safety or
recovery without the presence of the employee; or
iii. Any condition warranting preventive health care, such as physical, dental, optical, or
immunization services, when the employee must be present to authorize treatment or when
sick leave may be used for the employee's preventive health care.
iv. Sub - sections b) and c) above are not intended to include medical or mental health conditions
that could adequately be supervised by a family member's regular care provider.
v. When both the employee and his or her spouse are employed and eligible for family sick
leave benefits under Chapter 49.12 RCW; the employee shall use reasonable efforts to
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 6
equalize
the use of family
sick
leave benefits
between the employee and the employee's
spouse.
The employer may
deny
the use of this
family sick leave benefit to an employee who
does not
exercise such reasonable
efforts.
vi. Any employee shall return to work and complete his or her regular shift assignment as soon
as the reason justifying the use of this family sick leave provision no longer exists, whether
due to betterment of the immediate family member's condition, completion of any required
health care services, completion of a spouse work day, or other reason initially justifying the
use of family sick leave.
(d) Definition Children. "Children" means:
i. The natural offspring of the employee.
ii. The adopted child of the employee.
iii. The natural or adopted child of the employee's spouse; or
iv. Under the employee's legal guardianship, legal custody, or foster care.
Section 5. Return to Work/Light Duty. In the event a LEOFF II employee suffers an illness or injury
that prevents the employee from performing his or her full range of duties for a period in excess of two
(2) calendar weeks, the employer, at the discretion of the Chief of Police, may require the employee to
return to work on a light duty status.
(a) Work Assignments. A light duty status shall include work assignments within the Police
Department assigned by the Chief that the employee is released by his or her treating physician to
perform until a full release to return to work is authorized. See Article XX for Physical
Examination Requirements.
(b) Rate of Pay/Required Duty. Employees on required light duty status shall be paid at one
hundred percent (100 %) of their normal rate of pay.
Section 6. Paternity. Employees will be granted up to five (5) consecutive days off without pay
immediately after the birth of their child if sick leave is not otherwise available. The employee, at their
option, may use accumulated sick or vacation leave benefits in order to avoid the loss of pay during the
period of paternity leave.
Section 7. Maternity. The City agrees to comply with all requirements of Federal and State law as it
pertains to Maternity leave.
ARTICLE 8 - Overtime
Section 1. Overtime Threshold and Rate. Except as otherwise provided herein, overtime work shall
include only that work performed by employees at the discretion of the Chief of Police or his designee,
which exceeds the standard number of hours in a work day or forty (40) hours of work in a seven day
work period. Paid sick leave shall not be counted as hours worked for determining the daily overtime
threshold. Except as otherwise provided herein, overtime work shall be paid at the rate of one and one-
half (1 -1/2) times the employee's "regular rate of pay" as that term is defined in the FLSA.
Section 2. Payment for Call -back, Court, and Training. In addition to the compensatory time benefit
provided in subsection XIV.3 (b) for hours worked during a callback on certain holidays, overtime
worked due to callback that is not an extension at the beginning or end of a normal shift shall be paid a
minimum of three (3) hours at the overtime rate. Overtime due to court appearances requiring less than
one (1) hour of the employee's time, shall be paid two (2) hours at the employee's overtime rate.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 7
Otherwise, overtime due to time in court shall be paid a minimum of three (3) hours at the overtime rate
per twenty -four (24) hour day, with additional hours worked paid on an hour for hour basis as required
when an employee is actually in the courtroom or required to be in the Public Safety Building prior to the
giving of testimony. Provided, however, such minimums are paid only when callback for court time is
not an extension at the beginning or end of a normal shift. If it is an extension of the shift, either at the
beginning or the end, it shall be at the overtime rate only for the actual time spent in court. In Service
Training time (outside of a scheduled shift) shall be paid at employee's straight time rate with a minimum
of two (2) hours, unless such hours for an employee are in excess of one hundred seventy -one (171)
straight time hours in a twenty -eight (28) day work period, in which case, any such time shall be paid at
time and one -half. Provided, call -backs shall only last for the period of time necessary for the resolution
of the issue that occasioned the original call- back."
Section 3. Other Rules. The following additional rules for overtime shall be followed:
(a) Travel Time. Travel time to and from classes shall not be paid as compensable time unless
required by the FLSA. To the extent reasonably practical, the employer will continue to attempt
to adjust an employee's work shift to cover the time reasonably required for travel when the
training is more than fifty (50) miles from the City of Pasco.
(b) Sick Leave. Overtime shall not be allowed for class attendance while an employee is on sick
leave or disability leave.
(c) Vacation Leave. Overtime shall not be allowed while an employee is on vacation leave, unless it
is for a court appearance.
(d) Military Leave. No overtime will be allowed an employee who is on military leave.
(e) Witness Fees. Witness fees paid to officers by the court shall be paid directly to the City of
Pasco. No officer shall collect both overtime pay and court pay for any court session attended;
provided that travel fees paid by any such court for travel by the officer to and from court, shall
be excluded.
(f) Civil Payments. When civil witness fee payments of any kind are received for testimony
required in any court case, it shall be the option of the employee to accept either the witness fee
paid by the non -city party or the city's paid overtime fee, pursuant to the provisions of this
Agreement. In no case shall an employee be entitled to overtime payment for testimony in a case
where a civil payment has been received.
Section 4. Compensatory Time Accrual. Employees shall be allowed to accumulate up to eighty (80)
hours of compensatory time off. Employees may elect to receive compensatory time off in lieu of cash
overtime in 1/2 hour increments up to the accrual maximum above with the exception of time worked on
grant funded and/or contract services which require actual cash payments to be made. One and one half
hour of compensatory time shall be accrued for each overtime hour worked.
Section 5. Compensatory Time Use: Absent mutual agreement otherwise, employee requests to utilize
compensatory time off shall be made five (5) days in advance. The City shall process the request to use
compensatory time within two (2) business days. Once approved, comp time cannot be cancelled by the
Department absent an emergency. When a request for the use of accrued compensatory time is received
on the same day as a request for the use of vacation time, the request for compensatory time shall take
precedence. However, previously approved vacation requests will not be cancelled to accommodate a
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 8
subsequently received comp time request.
The City may,
in its sole discretion,
deny compensatory time
off in the following situations:
A. New Year's Eve, Cinco de Mayo Festival, Fourth of July Celebration, Fiery Foods
Festival, and Water Follies Weekend;
B. The Employer may deny compensatory time off requests if two employees on the same
shift have already been granted vacation or compensatory time off, or
C. In the event of an actual emergency.
Section 6. Compensatory Time Annual Conversion: In December of each year, each employee must
elect to convert to vacation hours, or to receive compensation for, or a combination of conversion and
payment, any accrued but unused compensatory hours above forty (40) hours. The conversion request
shall be on a standardized form used for this purpose. Each employee's maximum vacation accumulation
remains as specified in Article XIV Section 1(b). The city shall, based upon each employee's request,
either convert to vacation hours or pay employees for accrued but unused compensatory hours over forty
(40) hours during the first full pay period in December each year. The value of accrued but unused
compensatory hours for payment purposes shall be determined by multiplying the number of hours to be
paid by the employee's regular rate of pay. An employee who does not submit a conversion form shall
receive payment for all accrued but unused compensatory hours above forty (40) hours. It is understood
that an officer may not exceed the maximum accrual of vacation hours for any reason including the
conversion of compensatory time hours.
Section 7. Provided, the Department may in its sole discretion, permit more officers off on leave than the
minimums set forth herein.
ARTICLE 9 - Bereavement
In the event of a death in the immediate family of an employee, the employee shall be granted up to thirty
two hours (32) hours off with pay. Additional leave for such purpose may be taken and charged to other
earned leave upon authorization of the Police Chief, Documentation of the need for such leave may be
required by the city.
Immediate family for these purposes shall be defined as follows: spouse and children of the employee;
mother; father; brother; sister; and grandparents of the employee and those same family members of the
employee's spouse.
ARTICLE 10- Medical, Dental and Life Insurance
Section 1. Medical and Dental Insurance for Employees and Dependents. During the term of this
agreement, the following shall apply:
Effective 1/1/13 employee premiums will be 12% of the composite premium, with a cap of 2.5% of the
36+ month officer pay step. Effective January 1, 2007, add the employer's existing "Wellness" program
to the employees' coverage.
The City retains the right to maintain a self - insurance program or to select insurance carriers, for the
purpose of containing premium rate increases. The City agrees to provide a medical and dental insurance
plan that is at least substantially equivalent to the plans currently in effect.
i. Maintain a deductible in the medical insurance program of Two Hundred Dollars
($200) per person per calendar year to a maximum of Six Hundred Dollars ($600) per
covered family per calendar year.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 9
ii. Maintain an Eighty/Twenty Percent (80 %/20 %) co- insurance which applies to all
covered medical and dental expenses incurred, with the exception of the first Five
Hundred Dollars ($500) of accident expenses, which will be covered One Hundred
Percent (100 %) to Five Hundred Dollars ($500) and not subject to the deductible.
Provided, the employer may, at its discretion on or after January 1, 1998, eliminate the
exceptions for accident expenses from the co- insurance and deductible requirements, but
only in the event the employer effects such changes for all employee groups covered
under the city's medical insurance program.
iii. A maximum Twenty-Five Dollar ($25) deductible per person per calendar year
on dental to a maximum of Seventy-Five Dollars ($75) per covered family for Class 2
and Class 3 dental expenses. The deductible will not apply to Class 1 dental expenses;
i.e. covered diagnostic and preventive care. This deductible shall be applied toward the
Two Hundred Dollar ($200) medical deductible. The maximum annual benefit for dental
expenses is One Thousand Five Hundred Dollars ($1500) per person.
Section 2. Vision Care. Effective the first month following ratification of the Agreement by both
parties, employees and their dependents will participate in the City's vision plan with the same terms,
conditions, and premiums as are generally applicable at the City.
Section 3. Life Insurance. The city, for the term of this Agreement, shall continue to provide an
employer -paid plan with benefits increased to Fifteen Thousand Dollars ($15,000) of face value term
insurance.
ARTICLE 11- Hours of Work
Section 1. Duty Schedule. The City shall declare a standard forty-hour (40) duty week consisting of
five (5) consecutive days of eight (8) consecutive hours. It is expressly acknowledged that, during the
term of this agreement, an alternative duty schedule may be implemented by the mutual consent of the
parties. Such alternate schedule shall be detailed in a memorandum of understanding and include the
terms and conditions needed to effect such change in scheduling.
ARTICLE 12 - Clothing Allowance
Section 1. Quartermaster System. The Employer shall provide, on an "as needed" basis, for each
employee, and continue to maintain for each employee on an "as needed" basis as recommended by the
employee's supervisor, the following minimum uniform, weapon, and leather gear issue:
(a) Uniform Items:
Shirts
Trousers
Ties
Tie Bar
Soft Body Armor
Departmental Insignia or Rank Insignia
Shoulder Patches
Badges (Shirt and Wallet)
Baseball type Hat
Short or Long Coat
Rain Jacket
Knit Dickie
Dress Jacket
Dress Hat
3 long sleeve /3 short sleeve
3 pair
2
7 pair
2
1
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 10
All Season Jacket
Utility Uniform (K -9)
Training Uniform
(b) Weapon Items and Equipment:
Handgun**
1
Handgun Magazines
3
Chemical Irritant (OC) **
1
Handcuffs
2 pairs
Flashlight
1
Baton* *
1
Portable Radio
1
(c) Leather or Synthetic Leather Gear Items:
Gun Belt (Velcro Type) *
Gun Holster (Security Type)
Gun Holster (Detective)
Chemical Irritant Holder (OC)
Handcuff Case
Double Magazine Pouches
Belt Keepers (for leather belt)
Baton Holder
Badge Holder (Detective)
Single Magazine Pouch (Detective)
Key Holder
Trouser Belts (Velcro Type)
Radio Holder
* On a replacement basis for existing equipment
** Requires certification and /or mandatory training
Section 2. Replacement of Issued Items. Equipment and/or clothing that is lost, stolen, destroyed or
damaged in the line of duty and without neglect on the part of the employee will be replaced by the
employer without recrimination, cost, or charge to the employee. Clothing and equipment provided by
the employer shall be purchased and maintained with due regard to the employee's health and safety.
Section 3. Uniform Shoes /boots. Shoes /boots acceptable to the city shall be supplied as a uniform part.
Replacement shall be on an "as needed basis" (reasonably determined by the city), but no more than one
pair of shoes /boots per employee every year. Except, that shoes /boots ruined in an on -duty incident shall
be eligible for immediate replacement. Effective 1/1/13, the city's cost per pair of shoes/boots shall not
exceed two hundred dollars /year, plus tax and shipping costs (if any). The employee shall bear any
excess costs for the shoes /boots selected. Shoes /boots shall be for duty use only.
Section 4. Plain Clothes. For those employees required to wear plain clothes in the course of their
assigned duties (detectives), the employer will pay a semi - annual clothing allowance of up to Three
Hundred Twenty-five Dollars ($325) on or after the 31" of January and the 31" of July each year.
Payment shall be made on a reimbursement basis upon the submission of store receipts verifying the
purchase of eligible clothes. The City will pay for the cleaning of up to twelve (12) articles of clothing
for each plain- clothes officer each month. "Articles of clothing" means: sport coat or jacket, slacks, suits,
necktie, dress shirt, blouse, skirt, scarf, dress and dress shoes.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 11
ARTICLE 13 - Working Out Of Classification
Any employee covered by this Agreement working out of classification for more than five (5) continuous
working days shall be paid the rate of pay for the higher classification retroactively to the first full shift
and for each additional full shift. The out of classification rate paid to the employee will be based on the
difference in base pay of the two classifications.
ARTICLE 14 - Holidays and Vacations
Section 1. Vacations.
(a) 0 -5yrs 6th yr 11th yr 16th yr 20th yr
8 Hr. days per year 12 15 18 20 24
Accrual /pay
period in hrs 3.7hrs 4.62hrs 5.54hrs 6.17hrs 7.39hrs
Maximum Accrual 192hrs 240hrs 288hrs 321hrs 384hrs
(b) Accumulation of Vacation. Normally, employees will be required to take annual vacation. No
accrued vacation will be allowed in excess of two full years of earned vacation time. Time not
taken that causes accrual beyond two full years will be lost to the employee. Normally,
employees will not take more than one and one -half (1 -1/2) years accumulation in any one year;
however, the City Manager may authorize longer leave in special cases.
(c) Vacation Cash -out. Employees entering their tenth (10`h) year of continuous service may
convert forty (40) hours vacation into cash in December of each year, provided they have taken
eighty (80) hours of vacation during the year and have maintained satisfactory work performance
as shown in their annual performance evaluation.
(d) Probationary Employees. Probationary employees will earn vacation credit that shall be fully
credited to them upon becoming regular employees. Probationary employees will be able to use
up to twenty-four (24) hours of vacation leave during their remaining twelve (12) months of
probationary period upon graduation from the Police Academy.
Section 2. Floating Holiday. Each employee may select a day on which he desires to take one floating
holiday, subject to the following conditions:
The employee has been continuously employed by the city for more than six (6) months.
ii. The employee has given not less than fourteen (14) calendar days of written notice to his
immediate supervisor. The employee and supervisor may agree on an earlier date of
convenience.
iii. The supervisor has approved the date.
iv. The floating holiday must be taken during the calendar year or entitlement to the day will
lapse; except when an employee has made reasonable request for a personal holiday and the
request has been denied.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 12
v. The
employee will receive
eight (8) hours of straight time pay
for the holiday. The
employee
may
use accrued vacation
time to supplement pay up to total
regularly scheduled
hours for
that
day.
Section 3. Holidays. All ten (10) general holidays will be accrued as holiday time that the employee
may elect to convert to vacation days or cash -out at the straight time rate in December, or a combination
of both. The holiday time may not be "carried over" and the maximum vacation accumulation remains as
specified in Section 1(b). Employees who work on a designated general holiday will be paid at the
straight time rate unless other overtime provisions apply.
Holiday
Christmas Day
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Date Accrued
December 25
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November I I
Fourth Thursday in November
Fourth Friday in November
(a) All employees covered by this Agreement shall accrue eight (8) hours for each general holiday.
(b) In addition, those employees who are called back to work on the following holidays shall be
compensated for the actual hours worked at the overtime rate of pay: Christmas Day, July 4`"
Thanksgiving Day, and New Year's Day. Those employees shall also earn for each hour actually
worked, up to four (4) hours compensatory time off on an hour - for -hour basis (one hour of
compensatory time off for each hour worked).
(c) Upon separation from the department for any reason, any employee that has accumulated holiday
time shall be paid at the then prevailing rate of pay.
ARTICLE 15 - Wages
Section 1. 2011 Wages. 3% increase effective January 1, 2011; 1% increase effective the first full pay
period in July 2011.
Section 2. 2012 Wages. 2% increase effective first full pay period of 2012; 2% increase full pay period
of July 2012.
Section 3. 2013 Wages. First full pay period of 2013: 100% CPI -U, b/c western cities;
October /October. 14% min -max.
Section 4. Effective January 1, 2006, wages for corporals and sergeants are to be established as
follows:
Corporals 10% above top step officer wage
lStyr. Sergeants 15% above top step officer wage
2 "d yr. Sergeants 20% above top step officer wage
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 13
Note. As of January 1, 2006, the
differentials
noted above will
determine the actual rate of pay
for corporals & sergeants, rather
than agreed
upon percentage
increases.
Section 5. Detectives. Detectives shall receive an additional two percent (2 %) per month over their base
hourly wage. Detectives shall all carry their assigned pager or cellular phone when off duty and are
expected to answer if they receive a call. Each week, one Detective shall specifically be assigned "on-
call" and shall stay within range of their assigned pager or cellular phone and a thirty- minute response
time to the station or point of the emergency call out.
Section 6. Detective Sergeants. Detective Sergeants will receive an additional two percent (2 %) per
month over their base hourly wage, to compensate for frequent off duty calls to assist department
personnel by providing instructions, guidance or decisions pertaining to developing or on -going
investigations.
Section 7. Field Training Officers. Certified Field Training Officers (FTO's) when assigned by the
Chief of Police will receive an additional wage amounting to three percent (3 %) per hour of their base
wage during the hours they are actively training `student officers' (as defined by the FTO training
manual).
Section 8. SWAT. Effective 1/1/13, 2% premium for SWAT members. The City reserves the exclusive
right to determine the number of positions on SWAT. Further, the City retains the exclusive right to
remove any individual from the SWAT team at any time for any reason without recourse or challenge.
ARTICLE 16 - Police Academy Attendance
Section 1. Overtime. An employee at the Police Academy or other training facility, when required by
the City is subject to the provisions of Article VIII - Overtime and Article XI - Hours of Work. No
overtime will be claimed unless mandated by the FLSA or state law. Travel time to and from the
academy or other training facility is not compensable time unless required by the FLSA or approved by
the Chief of Police.
Section 2. Transportation. The City shall determine the means of transportation for an employee to the
Police Academy or other training facility and pay the actual cost of transportation for the initial trip to the
academy location and the final return trip. If the employee's personal automobile is used as the means of
transportation, the city shall pay the employee the rate at which non - represented employees are
reimbursed. Any trips home during academy attendance, when required by the City shall be by means of
transportation determined by the City and the City will pay the cost thereof or mileage. No other
transportation costs or mileage will be paid by the City while an employee is attending the Academy.
Section 3. Allowance. The cost for all clothing and equipment required for Academy attendance and
physical education classes will be reimbursed by the City up to a maximum reimbursement of Two
Hundred and Fifty Dollars ($250). The required physical examination will be paid in full by the City.
ARTICLE 17 - Savings Clause
Should any article, section or portion of this Agreement be held unlawful and unenforceable by final
order of any court of competent jurisdiction or administrative agency having jurisdiction over the subject
matter, or by legislation of the State of Washington or federal government, such decision or legislation
shall apply only to the specific article, section or portion thereof directly affected. Upon issuance of any
such decision or legislation, the parties agree immediately to negotiate a substitute, if possible, for the
invalidated article, section, or portion thereof. All other portions of this Agreement, and the Agreement
as a whole, shall continue without interruption for the term hereof.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 14
ARTICLE 18 - Police Officers Career Development Plan
Section 1. Tuition Reimbursement. The City and the Association recognize the benefits
brought to the police function by increased educational levels. In an effort to increase members
educational levels, the City will reimburse an employee covered by this Agreement for tuition
and required expenses (books, lab fees) incurred by any employee taking college level course
work when engaged in a continuing education program offered by a nationally accredited
educational institution in the areas of law enforcement, criminal justice, public administration, or
other police - related field of study approved by the City after considering input from the
Association. Approved courses may be either classroom or online based.
Tuition costs for approved courses shall not exceed the following:
For courses taken at an in -state (Washington) public educational institution, either at the
actual institution or via on -line courses, the tuition rate shall not exceed the actual in -state
residential tuition rate for that institution.
For courses taken at an in -state private educational institution or at any out of state
educational institution, either at the actual institution or via on -line courses, the tuition
rate shall not exceed the in -state residential tuition for Washington State University for
similar coursework at the time of the request.
Such reimbursement shall occur upon completion of the course according to the grade obtained
as follows:
For an "A ": 100%
For a `B ": 75%
For a "C" 50%
For a "D" or failing grade no reimbursement
Section 2. Monthly Premium. Employees possessing an Associate or Bachelors degree in a
major field of study from a nationally accredited educational institution prior to employment or
obtaining a degree in an approved field of study after employment under the provisions of
Section I will receive for an education premium for compensable work in the following amounts:
(a) Police Officer, Sergeants and Corporals:
Degree
Level
Achieved
0 - 10
years
11
— 20 Years
21+
years
AA
(AS)
3 % /mo.
4 % /mo.
5 % /mo.
BA
(BS)
6 % /mo.
8 % /mo.
10 % /mo.
ARTICLE 19 - Bilingual Incentive
Any Association member who is fluent in Spanish or in another foreign language (that is deemed useful
to the City) shall have their base wages increased by three percent (3 %) per hour, such proficiency shall
be reasonably determined by the City.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 15
ARTICLE 20 - Physical Examination
Section 1. Required. When there is reasonable suspicion to believe that an employee cannot safely
perform the job functions of their position, the employee may be required, at the City's request and
expense, to take a physical examination for the purpose of determining whether or not the employee can
perform the job functions of their position as a condition of continued employment. Physical
examinations will be taken in a timely manner whether on or off duty. The City shall be entitled to a
physician's report stating the results of such examination, provided, however, the report to the employer
shall be limited to results concerning the employee's ability to perform their job functions. The
Employee shall execute the Release Form attached hereto as an appendix.
Section 2. Requested. At the employee's request, the City shall provide each employee a complete
physical examination, including pap smears and mammograms for female employees, at no cost to the
employee, by a physician of the City's choice, according to the following schedule:
Age
Frequency
To 40
Three (3) years
To 50
Two (2) years
Over 50
One (1) year
The City shall be entitled to a physician's report stating the results of such examination limited to the
employees' ability to perform their job functions. The employee shall execute the Release Form attached
hereto as an appendix.
ARTICLE 21 - K -9 Officer
Section 1. Off -Duty
Time. It is agreed that on the average, a K -9 Officer
spends approximately
twenty
(20) minutes per day
in compensable off -duty time for the duty- related care
and maintenance of a
dog, or
ten (10) hours per month.
Section 2. FLSA. Notwithstanding Section 1 of Article XVIII, a K -9 Officer's compensable off -duty
time spent in the care and maintenance of a K -9 shall not be subject to the daily and forty (40) hours per
week overtime thresholds. Such off -duty time shall be subject to the maximum number of hours that may
be worked during the Officer's twenty-eight (28) day work period under Section 207(k) of the FLSA.
Section 3. Payment. It is agreed that the K -9 officer will receive ten (10) hours of pay per month at the
regular rate of pay for duty- related care and maintenance of the dog. Such pay shall be included in the K-
9 Officer's payroll check issued for the second payroll each month in an amount based upon the ten (10)
hours per month average.
Section 4. Serious Illness or Injury. However, in the event a K -9 is ill or injured requiring multiple
visits to the veterinarian and /or extended home care by the K -9 Officer, the K -9 Officer shall be paid for
actual hours off duty caring for the dog at the hourly rate. The K -9 Officer must notify his Captain of any
such occurrence and turn in a daily time slip for the extra time. The employer reserves the right at any
time to remove a dog from service and relieve the K -9 Officer of responsibilities for off duty care of the
dog.
ARTICLE 22 - Substance -Free Work Place Policy
The Substance -Free Work Place Policy set forth in the City of Pasco Administrative Order currently
number 65A originated August 28, 1992 is incorporated herein by this reference.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 16
ARTICLE 23 - Federal Family and Medical Leave Act of 1993
Section 1. Administrative Order Number 231. Article II of Administrative Order Number 231,
Family and Medical Leave Act, originated November 22, 1993 setting forth the implementing procedures
of the FMLA by the City is incorporated by this reference herein as if specifically set forth.
Section 2. Notice Required. Employees are cautioned to be mindful of the thirty (30) day advance
notice requirement required by the law (FMLA) and the required use of the FMLA Leave Request Form
when unpaid family or medical leave is intended to be utilized.
Section 3. Conflict. The leave requirements otherwise made available to the employee throughout this
Agreement shall not be diminished by their coordination with the FMLA and any conflict between a
provision of this Agreement and the Administrative Order No. 72 shall be resolved in favor of the
language of this Agreement.
ARTICLE 24 - Prevailing Rights
All prevailing rights and privileges held by the employees at the present time, which are not included in
this Agreement, and which do not conflict with any provision of this Agreement shall remain in full force
and effect.
ARTICLE 25 - Shift Bidding
Patrol officers will annually bid for shift assignments by seniority. Seniority will be determined as set
forth in Article XXVII of this Agreement. Bidding will be supervised by the Chief of Police.
Management will endeavor to accommodate these requests, but retains the authority of the Chief of Police
at his discretion and for reasonable cause to make changes in shift assignments to meet the operational
needs of the department.
ARTICLE 26 - Layoffs
In the case of a personnel reduction within any classification, the employee with the least seniority shall
be laid off first. Seniority shall be determined by date of employment, provided, however, seniority for
employees in the sergeant and corporal classification shall be determined by time served in the rank or
classification. When two or more employees of the classification being reduced have the same date of
employment then they shall be laid off by inverse ranking off the civil service list from which they were
hired. Attachment "C" is a current listing of seniority in the department's bargaining unit positions
according to the preceding criteria. This list shall be maintained by the Chief of Police and updated, as
new employees are hired and existing employees leave city service. The affected employees shall be
given four (4) weeks advance notice of the effective date of any personnel reduction. Employees being
laid off may choose to transfer to a lower paying classification within the bargaining unit, provided that
the employee meets the minimum job qualifications for the position and providing the employee has more
seniority than the employee currently occupying the position in the lower classification.
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 17
Dated this day of 2012.
City of Pasco:
Matt Watkins
Mayor
ATTEST:
Debbie Clark
City Clerk
Pasco Police Officer's Association:
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Dean Perry Randall L. Roach
President Secretary
2011 -2013 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees - Page 18