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Home My WebLink About2019.11.12 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. November 12, 2019 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 (a) 2020 Census Complete Count Update 4 - 16 (b) 2020 Legislative Priorities 17 - 22 (c) Creation of an Arts and Culture Commission 23 - 53 (d) Limited Tax General Obligation (LTGO) Bond 54 - 63 (e) Fireworks Ordinance Update 64 - 163 (f) Basin Disposal Inc. - Overview of Services, 2020 Rate Increase 164 - 179 (g) Ambulance Billing - Professional Services Contract 180 - 205 (h) Transportation System Master Plan - DKS Contract 206 - 293 (i) Lift Station Improvements - Amendment No. 3 to HDR Professional Services Agreement 294 - 296 (j) General Fund Monthly Report - September 2019 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. Page 1 of 296 Workshop Meeting November 12, 2019 REMINDERS: Thursday, November 14, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN ALVARADO, Alt.) Friday, November 15, 11:30 PM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER BLANCHE BARAJAS, Rep., COUNCILMEMBER RUBEN ALVARADO, Alt.) Monday, November 18, 11:45 AM: Pasco Chamber of Commerce Membership Luncheon – Pasco Red Lion Hotel Monday, November 18, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 2 of 296 AGENDA REPORT FOR: City Council November 6, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Rick White, Director Community & Economic Development SUBJECT: 2020 Census Complete Count Update I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Dr. LoAnn Ayers, President/CEO of United Way of Benton and Franklin Counties, will provide Council an update on the efforts of the Complete Count Committee in securing high local participation rates in the upcoming 2020 U.S. Census. V. DISCUSSION: Page 3 of 296 AGENDA REPORT FOR: City Council November 4, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Dave Zabell, City Manager Executive SUBJECT: 2020 Legislative Priorities I. REFERENCE(S): 2020 Legislative Priorities II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The 2020 legislative session will begin on January 13, 2020. This is the second year of the biennial cycle where the legislature is tasked with implementing supplemental budgets during a short 60-day session. Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted to assist in promoting the Council's legislative priorities to the legislature. GTHGA assists the City in the development a comprehensive legislative agenda and in furthering that agenda in Olympia by providing on-the-ground presence in Olympia during session, monitoring the legislature throughout the year, and advancing the City's legislative agenda. The City has benefited by maintaining a proactive posture with the legislature regarding the interests of Pasco. One means by which Council has made its concerns and interests known to the legislature, and specifically its legislative delegation, is through the adoption of its City Legislative Priorities Statement. V. DISCUSSION: Attached is the proposed 2020 legislative priorities list which reflects modifications to Page 4 of 296 the previous agenda as recommended by staff and the legislative consultant, Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs. The proposed changes consider changed circumstances over the past year, so that draft priorities for Council's consideration reflect current circumstances, Council's overall policy direction and the likelihood of success. The Legislature operates on a two-year (biennium) cycle. The 2020 legislative session will be the second year of the two-year cycle. The Legislature will meet for 60 continuous days starting Monday, January 13, 2020. The primary purpose of the second year of the legislative biennium is to adopt supplemental operating, capital and transportation budgets that make amendments to the 2019-21 budgets adopted during the 2019 legislative session. Additionally, all bills introduced in the 2019 legislative session will automatically be reintroduced in 2020. The biggest issue the Legislature will grapple with is how to respond to the passing of I-976, which significant constrains transportation funding, resulting in cuts to projects that have already been allocated funding. The legislature will also address significant policy issues such as: mental health services, affordable housing, culvert funding (fish passage), economic development (tools), and more. The 2020 session will be busy on all of these fronts. The GTHGA team will present Council with an overview of the upcoming session, as well as discuss the attached list of priorities. Staff requests Council direction so that the priorities list can be put in resolution form for Council action at its November 18, 2019 regular meeting. Page 5 of 296 City of Pasco 2020 Legislative Session Josh Weiss, Vice President Gordon Thomas Honeywell Governmental AffairsPage 6 of 296 Overview The goal for tonight’s discussion: Overview of what to expect during the 2020 Legislative Session Review Proposed 2020 State Legislative Agenda 2Page 7 of 296 2020 Legislative Session Second year of the two-year legislative biennium Scheduled to last 60 days Thousands of bills introduced; hundreds that will impact county business Budgets •Operating: Actual and forecasted revenue collections are up; but increased caseloads and costs typically eat up new revenue •Capital: Limited funding during the 2020 session •Transportation: I-976 created a $458 million hole. Conversations around a “transportation package” will continue, however new projects will now need to compete against Connecting Washington and 2019 projects that will lose funding 3Page 8 of 296 2020 Legislative Session: Political Climate New Speaker in the House •Rep. Laurie Jinkins (D-Tacoma) will be the first woman to serve in the role in state history Democrats continue to control all three “chambers” Election year: Statewide and legislative races on the ballot in November 2020 •All legislators in the House and roughly half of those in the Senate are up for election 4Page 9 of 296 Guidance on Legislative Agenda Keep agenda concise, and easily comprehensible Legislative Agenda & Support/Oppose/Monitor Structure Develop an agenda with short and long term objectives Take into account political climate/context Consistency –build on previous successes 5Page 10 of 296 City of Pasco 2020 Draft State Legislative Agenda Lewis Street Overpass –Transportation Request -$4.4 million In 2015, $13.6 million in state dollars was allocated through the Connecting Washington Package. Total project cost is just over $35 million The City has been working to identify how to fund the shortfall; a variety of sources have been tapped Earlier this year the Freight Mobility Strategic Investment Board approved a $4.4 million grant to Lewis Street Overpass The Legislature must approve the award as part of the 2020 Supplemental Transportation Budget 6Page 11 of 296 City of Pasco 2020 Draft State Legislative Agenda Process Water Reuse Facility Improvements -Capital Budget Request -$5 million Improve the reliability of the facility, allow for the expansion in productivity of current food processors, and to create capacity for additional processors The facility requires $43 million in conveyance, rehabilitation and treatment improvements Food processors have committed $15 million We are asking the state to invest $5 million in the project over the next 4 years. Pasco Downtown Revitalization –Capital Budget Request -$2 million Wider sidewalks for outdoor cafes Pedestrian-friendly access Plazas and gathering places 7Page 12 of 296 City of Pasco 2020 Draft State Legislative Agenda Mental Health Sales Tax Franklin County has the ability to impose a .01% sales and use tax for chemical dependency, mental health treatment services, or therapeutic courts, but has not The City requests the authority to impose a .01% sales tax to fund mental health and chemical dependency services in lieu of the county The Legislature has previously authorized cities within Pierce County this same authority Current sales tax rate: 8.6%; an increase of .01% raises approximately $500,000 Creates an expectation that the City will utilize the authority 8Page 13 of 296 City of Pasco 2020 Draft State Legislative Agenda 9 Economic Development Tools Local Revitalization Financing Tax Increment Financing .09 Sales Tax Credit Local Control Page 14 of 296 10 City of Pasco Support/Oppose/Monitor List See the handout included in your packets Page 15 of 296 Questions? 11 Briahna Murray Vice President Gordon Thomas Honeywell Governmental Affairs Cell: (253) 310-5477 E-mail: bmurray@gth-gov.com Page 16 of 296 AGENDA REPORT FOR: City Council November 6, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Angela Pashon, Policy Analyst Executive SUBJECT: Creation of an Arts and Culture Commission I. REFERENCE(S): Draft Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Historically, Pasco has been a closely-knit City of neighbors and neighborhoods, its rapid expansion has resulted in a much larger and more diverse population living across a much broader area. While these factors are positive in most all respects, greater distances have create new challenges in maintaining community connectivity in traditional ways, and greater diversity makes the need for such connectivity more important and beneficial for all. The City Council has adopted a “Community Identity” goal embracing a philosophy that – Strong communities become stronger by building on their strengths . Staff presented to Council on arts and cultural awareness at the April 10, 2017 and January 22, 2018 workshop meetings. In February 2018, Resolution No. 3820 created the Inclusivity Commission (now named Inclusion, Diversity, and Equity Commission). Public art is a vital part of the City's built environment and preserves our unique cultural heritage. Culture is a vehicle by which we can remain connected to our history, and sharing that culture is one way to enhance our understanding of one an other. Arts and culture already contribute to the quality of life enjoyed in Pasco albeit in an uncoordinated manner. An Arts and Culture Commission could enhance the positive Page 17 of 296 impact of public art and culture by strategically promoting public These efforts through critical thinking, communication, and innovation. The creation of a proposal to create a seven (7) member Arts Commission was presented at the October 28 Workshop meeting. V. DISCUSSION: As a result of the October 28 Council discussion the draft ordinance presented at the workshop has been modified as follows: • The name of the proposed commission has been modified to “Arts and Culture Commission". • Membership recommendations preserve a seven (7) member commission and provide opportunity for more young adult participation. Staff recommendations include: o Increase art professional membership from three (3) to four (4) positions and eligibility toexpand higher in enrolled individuals include education art programs. o Removed "working" from artist position. o Decrease community membership to one (1) position. o Expand youth member eligibility to students with a demonstrated nexus to the Pasco community to provide opportunity for students enrolled in regional programs. • Under "Powers and Duties" the following was added - Advise City Council on code recommendations to enhance art and culture. To further the City Council’s goals relating to community identity and improving community connectivity and cohesion through greater understanding and appreciation of what makes Pasco unique, staff is recommending Council’s continued discussion and direction the proposed ordinance creating an Arts and Culture Commission in anticipation of bringing back a final ordinance for Council consideration at the next regular meeting. Page 18 of 296 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, ESTABLISHING NEW PMC CHAPTER 2.135 CREATING AN ARTS AND CULTURE COMMISSION. WHEREAS, the sharing of culture through sight, word, dance and music enhances understanding and strengthens community; and WHEREAS, the Pasco City Council has established goals thoughtfully designed to enhance the quality of life, connectivity and community identity among Pasco residents in part through cultural and social opportunities; and WHEREAS, public art enriches publicly owned places, and contributes a sense of ownership and community pride in public facilities and spaces for City residents; and WHEREAS, the creation of the Arts and Culture Commission will assist in the promotion, retention and acquisition of public arts in the City; and WHEREAS, the Arts and Culture Commission will act as the City’s representative in connection with cultural and artistic endeavors involving the City, as well as serve as a point of contact for such endeavors with the public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter entitled “Arts and Culture Commission” of the Pasco Municipal Code shall be and hereby enacted and which shall read as follows: Chapter 2.135 ARTS AND CULTURE COMMISSION Sections: 2.135.010 Establishment. 2.135.020 Membership. 2.135.030 Term of Office. 2.135.040 Powers and Duties. 2.135.050 Compensation. 2.135.060 Bylaws and Officers. 2.135.070 Staff Support. 2.135.010 ESTABLISHMENT. Page 19 of 296 There is hereby established an Arts and Culture Commission for the City of Pasco, which shall advise the City Council on matters relating to public art and culture, including review and evaluation on matters pertaining to the acceptance, procurement, placement and maintenance of public art; and which shall perform such other functions as the City’s primary resource in matters of public art. 2.135.020 MEMBERSHIP The Arts and Culture Commission shall consist of seven members. Members shall be appointed by the Mayor and confirmed by the City Council. When making appointments, City Council will strive to appoint individuals with multiple skills, experience and expertise from various disciplines applicable to the commission’s purpose. Membership shall be comprised with the following: (1) Four (4) Art professionals to include professions such as art directors, educators, managers/administrators, dealers and/or individuals enrolled in higher education art programs. (2) One (1) Artist including but not limited to: painting, sculpture, music, literature, architecture, and performing arts. Member is required to live, work, or own business within Pasco city limits. (3) Once (1) Community member to include persons of public agencies, organizations enhancing Pasco’s quality of life or, persons working outside of professional practice in the arts but who demonstrate a deep interest in and understanding of public art activities. Member is required to live, work, or own business within Pasco city limits. (4) One (1) Youth representative between the ages of 15 to 20 years old at the time of appointment, nexus to Pasco is required. 2.135.030 TERM OF OFFICE The members shall serve for terms of four years, expiring in even years. To ensure continuity of Arts and Culture Commission, positions will be staggered with the exception of youth member which shall expire every even year. 2.135.040 POWERS AND DUTIES The Arts and Culture Commission shall perform the following functions: (1) Serve as the central commission to whom individuals and groups may bring their ideas with regard to arts and culture. (2) Advise City Council on code recommendations to enhance art and culture. Page 20 of 296 (3) Establish policy for acquiring, maintaining, displaying/placement, and maintenance of City’s public art. (4) Advise City staff on the receipt of and/or purchase of artwork to be placed on municipal property. (5) Explore and recommend methods of obtaining financial support through development of private, local, state and federal funds and establishing public/private partnerships to promote art and culture within the community. Commission shall not incur any indebtedness on behalf of City. (6) Initiate and maintain the City of Pasco Public Art roster. (7) Establish standards related to art and culture programs and serve as review panel for program applications. (8) Participate in, promote and conduct public information and educational programs pertaining to public art and culture. (9) Perform other related functions assigned to the Commission by the Pasco City Council or the City Manager. (10) Act as a catalyst to bring government, arts and culture, and private sectors together for public benefit. 2.135.050 COMPENSATION All members shall serve without compensation. 2.135.060 BYLAWS AND OFFICERS The Arts and Culture Commission shall establish and adopt its own bylaws of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission’s business. 2.135.070 STAFF SUPPORT A staff member appointed by the City Manager shall be the staff liaison officer for the Commission and, in this capacity, shall represent the day-to-day interests of the City as they relate to the business of the Arts and Culture Commission. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 21 of 296 PASSED by the City Council of the City of Pasco, this day of November, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham Eric Ferguson City Clerk City Attorney Page 22 of 296 AGENDA REPORT FOR: City Council November 4, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Limited Tax General Obligation (LTGO) Bond I. REFERENCE(S): Draft Debt Service Schedule Draft Bond Sources and Uses of Funds Draft Full LTGO Bond Issuance Document II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: General and GESA Stadium Fund - $985,000 to $1,325,000 per year IV. HISTORY AND FACTS BRIEF: As Council will recall, several major capital projects were included in the 2019-2020 Biennial Budget and planned to be funded with proceeds received through the issuance of Limited Tax General Obligation (LTGO) Bonds. As part of the strategy, the City Council authorized the use of the City's "banked" property tax to meet the annual debt service requirements on these bonds. LTGO Bonds, also called "councilmanic" bonds or non-voted debt, may be issued by a vote of the legislative body. Because the voters have not been asked to approve additional taxes to fund the principal and interest payments necessary to service the debt, General Fund revenues must be pledged to pay the debt service on LTGO Bonds. The law surrounding the issuance of such bonds is highly specialized, accordingly City Staff works with special bond counsel, financial advisors, and underwriters to ensure that all applicable City, State, and Federal laws are adhered to in the issuance of such debt. Page 23 of 296 Revenues generated through the City Property Tax Levy represent a major source of funding for essential government services such as Police, Fire, Parks, Community Development, Finance, Administration, Streets and other services deemed necessary by the Council, and also for servicing LTGO debt. As noted above, in 2018 the Council adopted the statutorily allowed 1.0% increase of the Property Tax Levy, plus an estimated increase due to new construction and annexation, and exercised the City's banked capacity to facilitate the progress of Council Goals requiring significant capital investments, such as Fire Stations and a Community Center. Separate of the Property Tax Levy-funded projects included in the adopted budget, Council also allocated $2,000,000 to the City's GESA Stadium to improve the concession stands, baseball field, seating areas, add a visiting clubhouse, batting cages, as well as upgrade lights, sound systems, and the press box. Due to the nature of the facility, this bond would normally qualify as a taxable bond. The debt service for this will be paid by the existing Hotel/Motel Sales Tax. V. DISCUSSION: LTGO Bonds come with federal tax requirements that limit, but will also benefit the City; the most critical being that over 85% of the bond proceeds are required to be spent within three years of the receipt of proceeds in order to keep the limited tax status. Accordingly, to expend bonds proceeds within the aforementioned three -year period, it is imperative these funds be targeted toward capital projects that the City is confident can be largely completed within three years. The Staff has a very high level of confidence that Fire Station Nos. 83 and 84 projects will be completed within the required time frame. With an estimated cost of $18 million for these two projects, the City is well on its way to meeting the goal of timel y expenditure of bond proceeds. Similarly, GESA Stadium improvements are already partially completed and the remaining work is set for timely completion. The Community Center was identified as a potential project to be funded by LTGO bond proceeds. As Council is aware, a feasibility study for the Community Center is ongoing and it is likely that construction schedule will not likely meet the requirement for this bond issue. To do so would severely shorten the time needed for community input, staff analysis, and Council deliberation. Given the potential impacts on tax- exempt status, and/or compromising the siting evaluation and outreach efforts needed for the Community Center, Staff views this project as a risk for this round of LTGO funding. As an alternative, staff is recommending that Council consider funding the City's portion of the Animal Shelter with a portion of the bond proceeds and utilize the cash funding allocated for the Animal Shelter toward the development of the Community Page 24 of 296 Center. The Animal Shelter is scheduled to be out to bid early in 2020 and under construction by mid-year. In this scenario, the City's cash contribution allocated to the Animal Shelter would be replaced with bond proceeds, the cash then reallocated toward the Community Center project. With these funds; approximately $2,000,000, along with the proceeds from the sale of the Senior Center, $1,100,000 million, and other portions of fund balances from the General Fund and the Capital Improvement Real Estate Excise Tax Fund, the City may likely be able to fund a the new Community Center without having to incur additional debt. This will reduce the City's overall debt issuance cost, thus reducing the cost of the project. With respect to the GESA Stadium project and taxable status, the $2,000,000 allocated to the project would normally be issued as a Taxable Bond. The City has the opportunity to issue this bond as a Non-taxable Bond, as federal law allows for 10% of Limited Tax Bond proceeds to be used for taxable purposes. T axable Bonds carry higher interest rates than Limited Tax Bonds. Additionally, the debt issuance cost would be significantly more due to the City having to issue two separate bonds. To the table below summarizes staff’s recommendation of the projects to be funded through the proposed LTGO bonds: Proposed Bond Project List $ 7,000,000 - Relocation of Fire Station 83 $11,000,000 - Relocation of Fire Station 84 $ 2,000,000 - GESA Stadium $ 2,000,000 - Animal Shelter $22,000,000 - TOTAL The current interest rate estimated by the bond counsel is 3.1% to 4.0%, but not to exceed 4.5% with a bond period of 30 years. The interest rates available currently are at historic lows, benefiting the City in the long run with the lower debt service cost. We recommend the Council adopt a variable debt service schedule that will involve paying additional principal for the first 12 years and reduce the principal payment for the remaining years. This will leave the City with capacity in future years for new projects. The debt issuance cost is estimated at $273,000. Attached is a draft version of the Proposed Debt Service Schedule, which is subject to change, as well as the preliminary sources and uses of funds, and bond documents prepared by Northwest Municipal Financial Advisors. Page 25 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 4 BOND DEBT SERVICE City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2020 402,592.50 402,592.50 12/01/2020 475,000 4.000% 447,325.00 922,325.00 1,324,917.50 06/01/2021 437,825.00 437,825.00 12/01/2021 520,000 4.000% 437,825.00 957,825.00 1,395,650.00 06/01/2022 427,425.00 427,425.00 12/01/2022 540,000 4.000% 427,425.00 967,425.00 1,394,850.00 06/01/2023 416,625.00 416,625.00 12/01/2023 560,000 5.000% 416,625.00 976,625.00 1,393,250.00 06/01/2024 402,625.00 402,625.00 12/01/2024 590,000 5.000% 402,625.00 992,625.00 1,395,250.00 06/01/2025 387,875.00 387,875.00 12/01/2025 620,000 5.000% 387,875.00 1,007,875.00 1,395,750.00 06/01/2026 372,375.00 372,375.00 12/01/2026 650,000 5.000% 372,375.00 1,022,375.00 1,394,750.00 06/01/2027 356,125.00 356,125.00 12/01/2027 685,000 5.000% 356,125.00 1,041,125.00 1,397,250.00 06/01/2028 339,000.00 339,000.00 12/01/2028 720,000 5.000% 339,000.00 1,059,000.00 1,398,000.00 06/01/2029 321,000.00 321,000.00 12/01/2029 755,000 5.000% 321,000.00 1,076,000.00 1,397,000.00 06/01/2030 302,125.00 302,125.00 12/01/2030 790,000 5.000% 302,125.00 1,092,125.00 1,394,250.00 06/01/2031 282,375.00 282,375.00 12/01/2031 830,000 5.000% 282,375.00 1,112,375.00 1,394,750.00 06/01/2032 261,625.00 261,625.00 12/01/2032 375,000 5.000% 261,625.00 636,625.00 898,250.00 06/01/2033 252,250.00 252,250.00 12/01/2033 390,000 5.000% 252,250.00 642,250.00 894,500.00 06/01/2034 242,500.00 242,500.00 12/01/2034 410,000 5.000% 242,500.00 652,500.00 895,000.00 06/01/2035 232,250.00 232,250.00 12/01/2035 430,000 5.000% 232,250.00 662,250.00 894,500.00 06/01/2036 221,500.00 221,500.00 12/01/2036 450,000 5.000% 221,500.00 671,500.00 893,000.00 06/01/2037 210,250.00 210,250.00 12/01/2037 475,000 5.000% 210,250.00 685,250.00 895,500.00 06/01/2038 198,375.00 198,375.00 12/01/2038 500,000 5.000% 198,375.00 698,375.00 896,750.00 06/01/2039 185,875.00 185,875.00 12/01/2039 525,000 5.000% 185,875.00 710,875.00 896,750.00 06/01/2040 172,750.00 172,750.00 12/01/2040 550,000 5.000% 172,750.00 722,750.00 895,500.00 06/01/2041 159,000.00 159,000.00 12/01/2041 575,000 5.000% 159,000.00 734,000.00 893,000.00 06/01/2042 144,625.00 144,625.00 12/01/2042 605,000 5.000% 144,625.00 749,625.00 894,250.00 06/01/2043 129,500.00 129,500.00 12/01/2043 635,000 5.000% 129,500.00 764,500.00 894,000.00 06/01/2044 113,625.00 113,625.00 12/01/2044 670,000 5.000% 113,625.00 783,625.00 897,250.00 06/01/2045 96,875.00 96,875.00 12/01/2045 700,000 5.000% 96,875.00 796,875.00 893,750.00 06/01/2046 79,375.00 79,375.00 12/01/2046 735,000 5.000% 79,375.00 814,375.00 893,750.00 06/01/2047 61,000.00 61,000.00 12/01/2047 775,000 5.000% 61,000.00 836,000.00 897,000.00 06/01/2048 41,625.00 41,625.00 12/01/2048 810,000 5.000% 41,625.00 851,625.00 893,250.00 06/01/2049 21,375.00 21,375.00 12/01/2049 855,000 5.000% 21,375.00 876,375.00 897,750.00 18,200,000 14,589,417.50 32,789,417.50 32,789,417.50 Page 26 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 1 SOURCES AND USES OF FUNDS City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Dated Date 12/19/2019 Delivery Date 12/19/2019 Fire Station Fire Station Sources: 83 84 Animal Shelter GESA Stadium Total Bond Proceeds: Par Amount 5,790,000.00 9,095,000.00 1,655,000.00 1,660,000.00 18,200,000.00 Premium 1,300,176.65 2,046,307.05 373,799.75 369,006.20 4,089,289.65 7,090,176.65 11,141,307.05 2,028,799.75 2,029,006.20 22,289,289.65 Fire Station Fire Station Uses: 83 84 Animal Shelter GESA Stadium Total Project Fund Deposits: Fire Station 83 Project Fund 7,000,000.00 7,000,000.00 Fire Station 84 Project Fund 11,000,000.00 11,000,000.00 Animal Shelter Project Fund 2,000,000.00 2,000,000.00 GESA Stadium Project Fund 2,000,000.00 2,000,000.00 7,000,000.00 11,000,000.00 2,000,000.00 2,000,000.00 22,000,000.00 Delivery Date Expenses: Cost of Issuance 86,850.00 136,425.00 24,825.00 24,900.00 273,000.00 Other Uses of Funds: Additional Proceeds 3,326.65 4,882.05 3,974.75 4,106.20 16,289.65 7,090,176.65 11,141,307.05 2,028,799.75 2,029,006.20 22,289,289.65 Page 27 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) TABLE OF CONTENTS City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Report Page Limited Tax General Obligation Bonds, 2019 (30 Year) Sources and Uses of Funds .......................... 1 Bond Summary Statistics ........................... 2 Bond Debt Service ............................. 3 Bond Pricing ................................ 5 Fire Station 83 Sources and Uses of Funds .......................... 6 Bond Summary Statistics ........................... 7 Bond Debt Service ............................. 8 Bond Pricing ................................ 10 Fire Station 84 Sources and Uses of Funds .......................... 11 Bond Summary Statistics ........................... 12 Bond Debt Service ............................. 13 Bond Pricing ................................ 15 Animal Shelter Sources and Uses of Funds .......................... 16 Bond Summary Statistics ........................... 17 Bond Debt Service ............................. 18 Bond Pricing ................................ 20 GESA Stadium Sources and Uses of Funds .......................... 21 Bond Summary Statistics ........................... 22 Bond Debt Service ............................. 23 Bond Pricing ................................ 25 Page 28 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 1 SOURCES AND USES OF FUNDS City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Dated Date 12/19/2019 Delivery Date 12/19/2019 Fire Station Fire Station Sources: 83 84 Animal Shelter GESA Stadium Total Bond Proceeds: Par Amount 5,790,000.00 9,095,000.00 1,655,000.00 1,660,000.00 18,200,000.00 Premium 1,300,176.65 2,046,307.05 373,799.75 369,006.20 4,089,289.65 7,090,176.65 11,141,307.05 2,028,799.75 2,029,006.20 22,289,289.65 Fire Station Fire Station Uses: 83 84 Animal Shelter GESA Stadium Total Project Fund Deposits: Fire Station 83 Project Fund 7,000,000.00 7,000,000.00 Fire Station 84 Project Fund 11,000,000.00 11,000,000.00 Animal Shelter Project Fund 2,000,000.00 2,000,000.00 GESA Stadium Project Fund 2,000,000.00 2,000,000.00 7,000,000.00 11,000,000.00 2,000,000.00 2,000,000.00 22,000,000.00 Delivery Date Expenses: Cost of Issuance 86,850.00 136,425.00 24,825.00 24,900.00 273,000.00 Other Uses of Funds: Additional Proceeds 3,326.65 4,882.05 3,974.75 4,106.20 16,289.65 7,090,176.65 11,141,307.05 2,028,799.75 2,029,006.20 22,289,289.65 Page 29 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 2 BOND SUMMARY STATISTICS City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Dated Date 12/19/2019 Delivery Date 12/19/2019 Last Maturity 12/01/2049 Arbitrage Yield 2.082637% True Interest Cost (TIC) 3.088246% Net Interest Cost (NIC) 3.591015% All-In TIC 3.197331% Average Coupon 4.989541% Average Life (years) 16.066 Weighted Average Maturity (years) 16.235 Duration of Issue (years) 11.511 Par Amount 18,200,000.00 Bond Proceeds 22,289,289.65 Total Interest 14,589,417.50 Net Interest 10,500,127.85 Total Debt Service 32,789,417.50 Maximum Annual Debt Service 1,398,000.00 Average Annual Debt Service 1,094,805.26 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 122.468624 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bonds 11,290,000.00 122.301 4.973% 10.076 9,150.95 Term Bonds 2044 3,035,000.00 123.188 5.000% 23.049 3,004.65 Term Bonds 2049 3,875,000.00 122.394 5.000% 28.049 3,836.25 18,200,000.00 16.066 15,991.85 All-In Arbitrage TIC TIC Yield Par Value 18,200,000.00 18,200,000.00 18,200,000.00 + Accrued Interest + Premium (Discount) 4,089,289.65 4,089,289.65 4,089,289.65 - Underwriter's Discount - Cost of Issuance Expense -273,000.00 - Other Amounts Target Value 22,289,289.65 22,016,289.65 22,289,289.65 Target Date 12/19/2019 12/19/2019 12/19/2019 Yield 3.088246% 3.197331% 2.082637% Page 30 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 3 BOND DEBT SERVICE City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Ending Principal Coupon Interest Debt Service 12/01/2020 475,000 4.000% 849,917.50 1,324,917.50 12/01/2021 520,000 4.000% 875,650.00 1,395,650.00 12/01/2022 540,000 4.000% 854,850.00 1,394,850.00 12/01/2023 560,000 5.000% 833,250.00 1,393,250.00 12/01/2024 590,000 5.000% 805,250.00 1,395,250.00 12/01/2025 620,000 5.000% 775,750.00 1,395,750.00 12/01/2026 650,000 5.000% 744,750.00 1,394,750.00 12/01/2027 685,000 5.000% 712,250.00 1,397,250.00 12/01/2028 720,000 5.000% 678,000.00 1,398,000.00 12/01/2029 755,000 5.000% 642,000.00 1,397,000.00 12/01/2030 790,000 5.000% 604,250.00 1,394,250.00 12/01/2031 830,000 5.000% 564,750.00 1,394,750.00 12/01/2032 375,000 5.000% 523,250.00 898,250.00 12/01/2033 390,000 5.000% 504,500.00 894,500.00 12/01/2034 410,000 5.000% 485,000.00 895,000.00 12/01/2035 430,000 5.000% 464,500.00 894,500.00 12/01/2036 450,000 5.000% 443,000.00 893,000.00 12/01/2037 475,000 5.000% 420,500.00 895,500.00 12/01/2038 500,000 5.000% 396,750.00 896,750.00 12/01/2039 525,000 5.000% 371,750.00 896,750.00 12/01/2040 550,000 5.000% 345,500.00 895,500.00 12/01/2041 575,000 5.000% 318,000.00 893,000.00 12/01/2042 605,000 5.000% 289,250.00 894,250.00 12/01/2043 635,000 5.000% 259,000.00 894,000.00 12/01/2044 670,000 5.000% 227,250.00 897,250.00 12/01/2045 700,000 5.000% 193,750.00 893,750.00 12/01/2046 735,000 5.000% 158,750.00 893,750.00 12/01/2047 775,000 5.000% 122,000.00 897,000.00 12/01/2048 810,000 5.000% 83,250.00 893,250.00 12/01/2049 855,000 5.000% 42,750.00 897,750.00 18,200,000 14,589,417.50 32,789,417.50 Page 31 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 4 BOND DEBT SERVICE City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2020 402,592.50 402,592.50 12/01/2020 475,000 4.000% 447,325.00 922,325.00 1,324,917.50 06/01/2021 437,825.00 437,825.00 12/01/2021 520,000 4.000% 437,825.00 957,825.00 1,395,650.00 06/01/2022 427,425.00 427,425.00 12/01/2022 540,000 4.000% 427,425.00 967,425.00 1,394,850.00 06/01/2023 416,625.00 416,625.00 12/01/2023 560,000 5.000% 416,625.00 976,625.00 1,393,250.00 06/01/2024 402,625.00 402,625.00 12/01/2024 590,000 5.000% 402,625.00 992,625.00 1,395,250.00 06/01/2025 387,875.00 387,875.00 12/01/2025 620,000 5.000% 387,875.00 1,007,875.00 1,395,750.00 06/01/2026 372,375.00 372,375.00 12/01/2026 650,000 5.000% 372,375.00 1,022,375.00 1,394,750.00 06/01/2027 356,125.00 356,125.00 12/01/2027 685,000 5.000% 356,125.00 1,041,125.00 1,397,250.00 06/01/2028 339,000.00 339,000.00 12/01/2028 720,000 5.000% 339,000.00 1,059,000.00 1,398,000.00 06/01/2029 321,000.00 321,000.00 12/01/2029 755,000 5.000% 321,000.00 1,076,000.00 1,397,000.00 06/01/2030 302,125.00 302,125.00 12/01/2030 790,000 5.000% 302,125.00 1,092,125.00 1,394,250.00 06/01/2031 282,375.00 282,375.00 12/01/2031 830,000 5.000% 282,375.00 1,112,375.00 1,394,750.00 06/01/2032 261,625.00 261,625.00 12/01/2032 375,000 5.000% 261,625.00 636,625.00 898,250.00 06/01/2033 252,250.00 252,250.00 12/01/2033 390,000 5.000% 252,250.00 642,250.00 894,500.00 06/01/2034 242,500.00 242,500.00 12/01/2034 410,000 5.000% 242,500.00 652,500.00 895,000.00 06/01/2035 232,250.00 232,250.00 12/01/2035 430,000 5.000% 232,250.00 662,250.00 894,500.00 06/01/2036 221,500.00 221,500.00 12/01/2036 450,000 5.000% 221,500.00 671,500.00 893,000.00 06/01/2037 210,250.00 210,250.00 12/01/2037 475,000 5.000% 210,250.00 685,250.00 895,500.00 06/01/2038 198,375.00 198,375.00 12/01/2038 500,000 5.000% 198,375.00 698,375.00 896,750.00 06/01/2039 185,875.00 185,875.00 12/01/2039 525,000 5.000% 185,875.00 710,875.00 896,750.00 06/01/2040 172,750.00 172,750.00 12/01/2040 550,000 5.000% 172,750.00 722,750.00 895,500.00 06/01/2041 159,000.00 159,000.00 12/01/2041 575,000 5.000% 159,000.00 734,000.00 893,000.00 06/01/2042 144,625.00 144,625.00 12/01/2042 605,000 5.000% 144,625.00 749,625.00 894,250.00 06/01/2043 129,500.00 129,500.00 12/01/2043 635,000 5.000% 129,500.00 764,500.00 894,000.00 06/01/2044 113,625.00 113,625.00 12/01/2044 670,000 5.000% 113,625.00 783,625.00 897,250.00 06/01/2045 96,875.00 96,875.00 12/01/2045 700,000 5.000% 96,875.00 796,875.00 893,750.00 06/01/2046 79,375.00 79,375.00 12/01/2046 735,000 5.000% 79,375.00 814,375.00 893,750.00 06/01/2047 61,000.00 61,000.00 12/01/2047 775,000 5.000% 61,000.00 836,000.00 897,000.00 06/01/2048 41,625.00 41,625.00 12/01/2048 810,000 5.000% 41,625.00 851,625.00 893,250.00 06/01/2049 21,375.00 21,375.00 12/01/2049 855,000 5.000% 21,375.00 876,375.00 897,750.00 18,200,000 14,589,417.50 32,789,417.50 32,789,417.50 Page 32 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 5 BOND PRICING City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 (30 Year) Preliminary as of November 6, 2019 Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Serial Bonds: 12/01/2020 475,000 4.000% 1.260% 102.578 12,245.50 12/01/2021 520,000 4.000% 1.300% 105.181 26,941.20 12/01/2022 540,000 4.000% 1.330% 107.698 41,569.20 12/01/2023 560,000 5.000% 1.370% 113.910 77,896.00 12/01/2024 590,000 5.000% 1.400% 117.157 101,226.30 12/01/2025 620,000 5.000% 1.460% 120.103 124,638.60 12/01/2026 650,000 5.000% 1.540% 122.721 147,686.50 12/01/2027 685,000 5.000% 1.620% 125.116 172,044.60 12/01/2028 720,000 5.000% 1.690% 127.384 197,164.80 12/01/2029 755,000 5.000% 1.760% 129.453 222,370.15 12/01/2030 790,000 5.000% 1.830% 128.715 C 2.058% 12/01/2029 100.000 226,848.50 12/01/2031 830,000 5.000% 1.880% 128.191 C 2.290% 12/01/2029 100.000 233,985.30 12/01/2032 375,000 5.000% 1.920% 127.774 C 2.479% 12/01/2029 100.000 104,152.50 12/01/2033 390,000 5.000% 1.950% 127.462 C 2.635% 12/01/2029 100.000 107,101.80 12/01/2034 410,000 5.000% 1.990% 127.048 C 2.777% 12/01/2029 100.000 110,896.80 12/01/2035 430,000 5.000% 2.040% 126.532 C 2.909% 12/01/2029 100.000 114,087.60 12/01/2036 450,000 5.000% 2.080% 126.121 C 3.020% 12/01/2029 100.000 117,544.50 12/01/2037 475,000 5.000% 2.120% 125.712 C 3.118% 12/01/2029 100.000 122,132.00 12/01/2038 500,000 5.000% 2.160% 125.304 C 3.208% 12/01/2029 100.000 126,520.00 12/01/2039 525,000 5.000% 2.200% 124.898 C 3.288% 12/01/2029 100.000 130,714.50 11,290,000 2,517,766.35 Term Bonds 2044: 12/01/2040 550,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 127,534.00 12/01/2041 575,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 133,331.00 12/01/2042 605,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 140,287.40 12/01/2043 635,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 147,243.80 12/01/2044 670,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 155,359.60 3,035,000 703,755.80 Term Bonds 2049: 12/01/2045 700,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 156,758.00 12/01/2046 735,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 164,595.90 12/01/2047 775,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 173,553.50 12/01/2048 810,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 181,391.40 12/01/2049 855,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 191,468.70 3,875,000 867,767.50 18,200,000 4,089,289.65 Dated Date 12/19/2019 Delivery Date 12/19/2019 First Coupon 06/01/2020 Par Amount 18,200,000.00 Premium 4,089,289.65 Production 22,289,289.65 122.468624% Underwriter's Discount Purchase Price 22,289,289.65 122.468624% Accrued Interest Net Proceeds 22,289,289.65 Page 33 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 6 SOURCES AND USES OF FUNDS City of Pasco, Washington Fire Station 83 Dated Date 12/19/2019 Delivery Date 12/19/2019 Sources: Bond Proceeds: Par Amount 5,790,000.00 Premium 1,300,176.65 7,090,176.65 Uses: Project Fund Deposits: Fire Station 83 Project Fund 7,000,000.00 Delivery Date Expenses: Cost of Issuance 86,850.00 Other Uses of Funds: Additional Proceeds 3,326.65 7,090,176.65 Page 34 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 7 BOND SUMMARY STATISTICS City of Pasco, Washington Fire Station 83 Dated Date 12/19/2019 Delivery Date 12/19/2019 Last Maturity 12/01/2049 Arbitrage Yield 2.082637% True Interest Cost (TIC) 3.085292% Net Interest Cost (NIC) 3.588092% All-In TIC 3.194605% Average Coupon 4.989590% Average Life (years) 16.023 Weighted Average Maturity (years) 16.191 Duration of Issue (years) 11.488 Par Amount 5,790,000.00 Bond Proceeds 7,090,176.65 Total Interest 4,628,867.50 Net Interest 3,328,690.85 Total Debt Service 10,418,867.50 Maximum Annual Debt Service 451,500.00 Average Annual Debt Service 347,875.38 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 122.455555 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bonds 3,600,000.00 122.282 4.973% 10.036 2,912.65 Term Bonds 2044 955,000.00 123.188 5.000% 23.044 945.45 Term Bonds 2049 1,235,000.00 122.394 5.000% 28.043 1,222.65 5,790,000.00 16.023 5,080.75 All-In Arbitrage TIC TIC Yield Par Value 5,790,000.00 5,790,000.00 5,790,000.00 + Accrued Interest + Premium (Discount) 1,300,176.65 1,300,176.65 1,300,176.65 - Underwriter's Discount - Cost of Issuance Expense -86,850.00 - Other Amounts Target Value 7,090,176.65 7,003,326.65 7,090,176.65 Target Date 12/19/2019 12/19/2019 12/19/2019 Yield 3.085292% 3.194605% 2.082637% Page 35 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 8 BOND DEBT SERVICE City of Pasco, Washington Fire Station 83 Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Ending Principal Coupon Interest Debt Service 12/01/2020 150,000 4.000% 270,417.50 420,417.50 12/01/2021 165,000 4.000% 278,650.00 443,650.00 12/01/2022 170,000 4.000% 272,050.00 442,050.00 12/01/2023 185,000 5.000% 265,250.00 450,250.00 12/01/2024 190,000 5.000% 256,000.00 446,000.00 12/01/2025 200,000 5.000% 246,500.00 446,500.00 12/01/2026 215,000 5.000% 236,500.00 451,500.00 12/01/2027 225,000 5.000% 225,750.00 450,750.00 12/01/2028 225,000 5.000% 214,500.00 439,500.00 12/01/2029 240,000 5.000% 203,250.00 443,250.00 12/01/2030 250,000 5.000% 191,250.00 441,250.00 12/01/2031 265,000 5.000% 178,750.00 443,750.00 12/01/2032 120,000 5.000% 165,500.00 285,500.00 12/01/2033 120,000 5.000% 159,500.00 279,500.00 12/01/2034 130,000 5.000% 153,500.00 283,500.00 12/01/2035 135,000 5.000% 147,000.00 282,000.00 12/01/2036 140,000 5.000% 140,250.00 280,250.00 12/01/2037 150,000 5.000% 133,250.00 283,250.00 12/01/2038 160,000 5.000% 125,750.00 285,750.00 12/01/2039 165,000 5.000% 117,750.00 282,750.00 12/01/2040 175,000 5.000% 109,500.00 284,500.00 12/01/2041 180,000 5.000% 100,750.00 280,750.00 12/01/2042 190,000 5.000% 91,750.00 281,750.00 12/01/2043 200,000 5.000% 82,250.00 282,250.00 12/01/2044 210,000 5.000% 72,250.00 282,250.00 12/01/2045 225,000 5.000% 61,750.00 286,750.00 12/01/2046 235,000 5.000% 50,500.00 285,500.00 12/01/2047 245,000 5.000% 38,750.00 283,750.00 12/01/2048 260,000 5.000% 26,500.00 286,500.00 12/01/2049 270,000 5.000% 13,500.00 283,500.00 5,790,000 4,628,867.50 10,418,867.50 Page 36 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 9 BOND DEBT SERVICE City of Pasco, Washington Fire Station 83 Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2020 128,092.50 128,092.50 12/01/2020 150,000 4.000% 142,325.00 292,325.00 420,417.50 06/01/2021 139,325.00 139,325.00 12/01/2021 165,000 4.000% 139,325.00 304,325.00 443,650.00 06/01/2022 136,025.00 136,025.00 12/01/2022 170,000 4.000% 136,025.00 306,025.00 442,050.00 06/01/2023 132,625.00 132,625.00 12/01/2023 185,000 5.000% 132,625.00 317,625.00 450,250.00 06/01/2024 128,000.00 128,000.00 12/01/2024 190,000 5.000% 128,000.00 318,000.00 446,000.00 06/01/2025 123,250.00 123,250.00 12/01/2025 200,000 5.000% 123,250.00 323,250.00 446,500.00 06/01/2026 118,250.00 118,250.00 12/01/2026 215,000 5.000% 118,250.00 333,250.00 451,500.00 06/01/2027 112,875.00 112,875.00 12/01/2027 225,000 5.000% 112,875.00 337,875.00 450,750.00 06/01/2028 107,250.00 107,250.00 12/01/2028 225,000 5.000% 107,250.00 332,250.00 439,500.00 06/01/2029 101,625.00 101,625.00 12/01/2029 240,000 5.000% 101,625.00 341,625.00 443,250.00 06/01/2030 95,625.00 95,625.00 12/01/2030 250,000 5.000% 95,625.00 345,625.00 441,250.00 06/01/2031 89,375.00 89,375.00 12/01/2031 265,000 5.000% 89,375.00 354,375.00 443,750.00 06/01/2032 82,750.00 82,750.00 12/01/2032 120,000 5.000% 82,750.00 202,750.00 285,500.00 06/01/2033 79,750.00 79,750.00 12/01/2033 120,000 5.000% 79,750.00 199,750.00 279,500.00 06/01/2034 76,750.00 76,750.00 12/01/2034 130,000 5.000% 76,750.00 206,750.00 283,500.00 06/01/2035 73,500.00 73,500.00 12/01/2035 135,000 5.000% 73,500.00 208,500.00 282,000.00 06/01/2036 70,125.00 70,125.00 12/01/2036 140,000 5.000% 70,125.00 210,125.00 280,250.00 06/01/2037 66,625.00 66,625.00 12/01/2037 150,000 5.000% 66,625.00 216,625.00 283,250.00 06/01/2038 62,875.00 62,875.00 12/01/2038 160,000 5.000% 62,875.00 222,875.00 285,750.00 06/01/2039 58,875.00 58,875.00 12/01/2039 165,000 5.000% 58,875.00 223,875.00 282,750.00 06/01/2040 54,750.00 54,750.00 12/01/2040 175,000 5.000% 54,750.00 229,750.00 284,500.00 06/01/2041 50,375.00 50,375.00 12/01/2041 180,000 5.000% 50,375.00 230,375.00 280,750.00 06/01/2042 45,875.00 45,875.00 12/01/2042 190,000 5.000% 45,875.00 235,875.00 281,750.00 06/01/2043 41,125.00 41,125.00 12/01/2043 200,000 5.000% 41,125.00 241,125.00 282,250.00 06/01/2044 36,125.00 36,125.00 12/01/2044 210,000 5.000% 36,125.00 246,125.00 282,250.00 06/01/2045 30,875.00 30,875.00 12/01/2045 225,000 5.000% 30,875.00 255,875.00 286,750.00 06/01/2046 25,250.00 25,250.00 12/01/2046 235,000 5.000% 25,250.00 260,250.00 285,500.00 06/01/2047 19,375.00 19,375.00 12/01/2047 245,000 5.000% 19,375.00 264,375.00 283,750.00 06/01/2048 13,250.00 13,250.00 12/01/2048 260,000 5.000% 13,250.00 273,250.00 286,500.00 06/01/2049 6,750.00 6,750.00 12/01/2049 270,000 5.000% 6,750.00 276,750.00 283,500.00 5,790,000 4,628,867.50 10,418,867.50 10,418,867.50 Page 37 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 10 BOND PRICING City of Pasco, Washington Fire Station 83 Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Serial Bonds: 12/01/2020 150,000 4.000% 1.260% 102.578 3,867.00 12/01/2021 165,000 4.000% 1.300% 105.181 8,548.65 12/01/2022 170,000 4.000% 1.330% 107.698 13,086.60 12/01/2023 185,000 5.000% 1.370% 113.910 25,733.50 12/01/2024 190,000 5.000% 1.400% 117.157 32,598.30 12/01/2025 200,000 5.000% 1.460% 120.103 40,206.00 12/01/2026 215,000 5.000% 1.540% 122.721 48,850.15 12/01/2027 225,000 5.000% 1.620% 125.116 56,511.00 12/01/2028 225,000 5.000% 1.690% 127.384 61,614.00 12/01/2029 240,000 5.000% 1.760% 129.453 70,687.20 12/01/2030 250,000 5.000% 1.830% 128.715 C 2.058% 12/01/2029 100.000 71,787.50 12/01/2031 265,000 5.000% 1.880% 128.191 C 2.290% 12/01/2029 100.000 74,706.15 12/01/2032 120,000 5.000% 1.920% 127.774 C 2.479% 12/01/2029 100.000 33,328.80 12/01/2033 120,000 5.000% 1.950% 127.462 C 2.635% 12/01/2029 100.000 32,954.40 12/01/2034 130,000 5.000% 1.990% 127.048 C 2.777% 12/01/2029 100.000 35,162.40 12/01/2035 135,000 5.000% 2.040% 126.532 C 2.909% 12/01/2029 100.000 35,818.20 12/01/2036 140,000 5.000% 2.080% 126.121 C 3.020% 12/01/2029 100.000 36,569.40 12/01/2037 150,000 5.000% 2.120% 125.712 C 3.118% 12/01/2029 100.000 38,568.00 12/01/2038 160,000 5.000% 2.160% 125.304 C 3.208% 12/01/2029 100.000 40,486.40 12/01/2039 165,000 5.000% 2.200% 124.898 C 3.288% 12/01/2029 100.000 41,081.70 3,600,000 802,165.35 Term Bonds 2044: 12/01/2040 175,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 40,579.00 12/01/2041 180,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 41,738.40 12/01/2042 190,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 44,057.20 12/01/2043 200,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 46,376.00 12/01/2044 210,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 48,694.80 955,000 221,445.40 Term Bonds 2049: 12/01/2045 225,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 50,386.50 12/01/2046 235,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 52,625.90 12/01/2047 245,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 54,865.30 12/01/2048 260,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 58,224.40 12/01/2049 270,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 60,463.80 1,235,000 276,565.90 5,790,000 1,300,176.65 Dated Date 12/19/2019 Delivery Date 12/19/2019 First Coupon 06/01/2020 Par Amount 5,790,000.00 Premium 1,300,176.65 Production 7,090,176.65 122.455555% Underwriter's Discount Purchase Price 7,090,176.65 122.455555% Accrued Interest Net Proceeds 7,090,176.65 Page 38 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 11 SOURCES AND USES OF FUNDS City of Pasco, Washington Fire Station 84 Dated Date 12/19/2019 Delivery Date 12/19/2019 Sources: Bond Proceeds: Par Amount 9,095,000.00 Premium 2,046,307.05 11,141,307.05 Uses: Project Fund Deposits: Fire Station 84 Project Fund 11,000,000.00 Delivery Date Expenses: Cost of Issuance 136,425.00 Other Uses of Funds: Additional Proceeds 4,882.05 11,141,307.05 Page 39 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 12 BOND SUMMARY STATISTICS City of Pasco, Washington Fire Station 84 Dated Date 12/19/2019 Delivery Date 12/19/2019 Last Maturity 12/01/2049 Arbitrage Yield 2.082637% True Interest Cost (TIC) 3.089498% Net Interest Cost (NIC) 3.592087% All-In TIC 3.198385% Average Coupon 4.989739% Average Life (years) 16.098 Weighted Average Maturity (years) 16.264 Duration of Issue (years) 11.529 Par Amount 9,095,000.00 Bond Proceeds 11,141,307.05 Total Interest 7,305,490.00 Net Interest 5,259,182.95 Total Debt Service 16,400,490.00 Maximum Annual Debt Service 703,250.00 Average Annual Debt Service 547,595.66 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 122.499253 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bonds 5,635,000.00 122.348 4.974% 10.121 4,579.10 Term Bonds 2044 1,530,000.00 123.188 5.000% 23.035 1,514.70 Term Bonds 2049 1,930,000.00 122.394 5.000% 28.048 1,910.70 9,095,000.00 16.098 8,004.50 All-In Arbitrage TIC TIC Yield Par Value 9,095,000.00 9,095,000.00 9,095,000.00 + Accrued Interest + Premium (Discount) 2,046,307.05 2,046,307.05 2,046,307.05 - Underwriter's Discount - Cost of Issuance Expense -136,425.00 - Other Amounts Target Value 11,141,307.05 11,004,882.05 11,141,307.05 Target Date 12/19/2019 12/19/2019 12/19/2019 Yield 3.089498% 3.198385% 2.082637% Page 40 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 13 BOND DEBT SERVICE City of Pasco, Washington Fire Station 84 Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Debt Ending Principal Coupon Interest Service 12/01/2020 235,000 4.000% 424,840 659,840 12/01/2021 255,000 4.000% 437,800 692,800 12/01/2022 265,000 4.000% 427,600 692,600 12/01/2023 275,000 5.000% 417,000 692,000 12/01/2024 300,000 5.000% 403,250 703,250 12/01/2025 305,000 5.000% 388,250 693,250 12/01/2026 325,000 5.000% 373,000 698,000 12/01/2027 335,000 5.000% 356,750 691,750 12/01/2028 360,000 5.000% 340,000 700,000 12/01/2029 380,000 5.000% 322,000 702,000 12/01/2030 395,000 5.000% 303,000 698,000 12/01/2031 410,000 5.000% 283,250 693,250 12/01/2032 190,000 5.000% 262,750 452,750 12/01/2033 195,000 5.000% 253,250 448,250 12/01/2034 205,000 5.000% 243,500 448,500 12/01/2035 220,000 5.000% 233,250 453,250 12/01/2036 225,000 5.000% 222,250 447,250 12/01/2037 240,000 5.000% 211,000 451,000 12/01/2038 255,000 5.000% 199,000 454,000 12/01/2039 265,000 5.000% 186,250 451,250 12/01/2040 280,000 5.000% 173,000 453,000 12/01/2041 290,000 5.000% 159,000 449,000 12/01/2042 310,000 5.000% 144,500 454,500 12/01/2043 320,000 5.000% 129,000 449,000 12/01/2044 330,000 5.000% 113,000 443,000 12/01/2045 350,000 5.000% 96,500 446,500 12/01/2046 365,000 5.000% 79,000 444,000 12/01/2047 385,000 5.000% 60,750 445,750 12/01/2048 405,000 5.000% 41,500 446,500 12/01/2049 425,000 5.000% 21,250 446,250 9,095,000 7,305,490 16,400,490 Page 41 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 14 BOND DEBT SERVICE City of Pasco, Washington Fire Station 84 Dated Date 12/19/2019 Delivery Date 12/19/2019 Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2020 201,240 201,240 12/01/2020 235,000 4.000% 223,600 458,600 659,840 06/01/2021 218,900 218,900 12/01/2021 255,000 4.000% 218,900 473,900 692,800 06/01/2022 213,800 213,800 12/01/2022 265,000 4.000% 213,800 478,800 692,600 06/01/2023 208,500 208,500 12/01/2023 275,000 5.000% 208,500 483,500 692,000 06/01/2024 201,625 201,625 12/01/2024 300,000 5.000% 201,625 501,625 703,250 06/01/2025 194,125 194,125 12/01/2025 305,000 5.000% 194,125 499,125 693,250 06/01/2026 186,500 186,500 12/01/2026 325,000 5.000% 186,500 511,500 698,000 06/01/2027 178,375 178,375 12/01/2027 335,000 5.000% 178,375 513,375 691,750 06/01/2028 170,000 170,000 12/01/2028 360,000 5.000% 170,000 530,000 700,000 06/01/2029 161,000 161,000 12/01/2029 380,000 5.000% 161,000 541,000 702,000 06/01/2030 151,500 151,500 12/01/2030 395,000 5.000% 151,500 546,500 698,000 06/01/2031 141,625 141,625 12/01/2031 410,000 5.000% 141,625 551,625 693,250 06/01/2032 131,375 131,375 12/01/2032 190,000 5.000% 131,375 321,375 452,750 06/01/2033 126,625 126,625 12/01/2033 195,000 5.000% 126,625 321,625 448,250 06/01/2034 121,750 121,750 12/01/2034 205,000 5.000% 121,750 326,750 448,500 06/01/2035 116,625 116,625 12/01/2035 220,000 5.000% 116,625 336,625 453,250 06/01/2036 111,125 111,125 12/01/2036 225,000 5.000% 111,125 336,125 447,250 06/01/2037 105,500 105,500 12/01/2037 240,000 5.000% 105,500 345,500 451,000 06/01/2038 99,500 99,500 12/01/2038 255,000 5.000% 99,500 354,500 454,000 06/01/2039 93,125 93,125 12/01/2039 265,000 5.000% 93,125 358,125 451,250 06/01/2040 86,500 86,500 12/01/2040 280,000 5.000% 86,500 366,500 453,000 06/01/2041 79,500 79,500 12/01/2041 290,000 5.000% 79,500 369,500 449,000 06/01/2042 72,250 72,250 12/01/2042 310,000 5.000% 72,250 382,250 454,500 06/01/2043 64,500 64,500 12/01/2043 320,000 5.000% 64,500 384,500 449,000 06/01/2044 56,500 56,500 12/01/2044 330,000 5.000% 56,500 386,500 443,000 06/01/2045 48,250 48,250 12/01/2045 350,000 5.000% 48,250 398,250 446,500 06/01/2046 39,500 39,500 12/01/2046 365,000 5.000% 39,500 404,500 444,000 06/01/2047 30,375 30,375 12/01/2047 385,000 5.000% 30,375 415,375 445,750 06/01/2048 20,750 20,750 12/01/2048 405,000 5.000% 20,750 425,750 446,500 06/01/2049 10,625 10,625 12/01/2049 425,000 5.000% 10,625 435,625 446,250 9,095,000 7,305,490 16,400,490 16,400,490 Page 42 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 15 BOND PRICING City of Pasco, Washington Fire Station 84 Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Serial Bonds: 12/01/2020 235,000 4.000% 1.260% 102.578 6,058.30 12/01/2021 255,000 4.000% 1.300% 105.181 13,211.55 12/01/2022 265,000 4.000% 1.330% 107.698 20,399.70 12/01/2023 275,000 5.000% 1.370% 113.910 38,252.50 12/01/2024 300,000 5.000% 1.400% 117.157 51,471.00 12/01/2025 305,000 5.000% 1.460% 120.103 61,314.15 12/01/2026 325,000 5.000% 1.540% 122.721 73,843.25 12/01/2027 335,000 5.000% 1.620% 125.116 84,138.60 12/01/2028 360,000 5.000% 1.690% 127.384 98,582.40 12/01/2029 380,000 5.000% 1.760% 129.453 111,921.40 12/01/2030 395,000 5.000% 1.830% 128.715 C 2.058% 12/01/2029 100.000 113,424.25 12/01/2031 410,000 5.000% 1.880% 128.191 C 2.290% 12/01/2029 100.000 115,583.10 12/01/2032 190,000 5.000% 1.920% 127.774 C 2.479% 12/01/2029 100.000 52,770.60 12/01/2033 195,000 5.000% 1.950% 127.462 C 2.635% 12/01/2029 100.000 53,550.90 12/01/2034 205,000 5.000% 1.990% 127.048 C 2.777% 12/01/2029 100.000 55,448.40 12/01/2035 220,000 5.000% 2.040% 126.532 C 2.909% 12/01/2029 100.000 58,370.40 12/01/2036 225,000 5.000% 2.080% 126.121 C 3.020% 12/01/2029 100.000 58,772.25 12/01/2037 240,000 5.000% 2.120% 125.712 C 3.118% 12/01/2029 100.000 61,708.80 12/01/2038 255,000 5.000% 2.160% 125.304 C 3.208% 12/01/2029 100.000 64,525.20 12/01/2039 265,000 5.000% 2.200% 124.898 C 3.288% 12/01/2029 100.000 65,979.70 5,635,000 1,259,326.45 Term Bonds 2044: 12/01/2040 280,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 64,926.40 12/01/2041 290,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 67,245.20 12/01/2042 310,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 71,882.80 12/01/2043 320,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 74,201.60 12/01/2044 330,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 76,520.40 1,530,000 354,776.40 Term Bonds 2049: 12/01/2045 350,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 78,379.00 12/01/2046 365,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 81,738.10 12/01/2047 385,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 86,216.90 12/01/2048 405,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 90,695.70 12/01/2049 425,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 95,174.50 1,930,000 432,204.20 9,095,000 2,046,307.05 Dated Date 12/19/2019 Delivery Date 12/19/2019 First Coupon 06/01/2020 Par Amount 9,095,000.00 Premium 2,046,307.05 Production 11,141,307.05 122.499253% Underwriter's Discount Purchase Price 11,141,307.05 122.499253% Accrued Interest Net Proceeds 11,141,307.05 Page 43 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 16 SOURCES AND USES OF FUNDS City of Pasco, Washington Animal Shelter Dated Date 12/19/2019 Delivery Date 12/19/2019 Sources: Bond Proceeds: Par Amount 1,655,000.00 Premium 373,799.75 2,028,799.75 Uses: Project Fund Deposits: Animal Shelter Project Fund 2,000,000.00 Delivery Date Expenses: Cost of Issuance 24,825.00 Other Uses of Funds: Additional Proceeds 3,974.75 2,028,799.75 Page 44 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 17 BOND SUMMARY STATISTICS City of Pasco, Washington Animal Shelter Dated Date 12/19/2019 Delivery Date 12/19/2019 Last Maturity 12/01/2049 Arbitrage Yield 2.082637% True Interest Cost (TIC) 3.099646% Net Interest Cost (NIC) 3.603513% All-In TIC 3.207576% Average Coupon 4.990409% Average Life (years) 16.285 Weighted Average Maturity (years) 16.441 Duration of Issue (years) 11.623 Par Amount 1,655,000.00 Bond Proceeds 2,028,799.75 Total Interest 1,345,027.50 Net Interest 971,227.75 Total Debt Service 3,000,027.50 Maximum Annual Debt Service 132,250.00 Average Annual Debt Service 100,167.86 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 122.586088 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bonds 1,010,000.00 122.489 4.975% 10.143 825.65 Term Bonds 2044 280,000.00 123.188 5.000% 23.111 277.20 Term Bonds 2049 365,000.00 122.394 5.000% 28.046 361.35 1,655,000.00 16.285 1,464.20 All-In Arbitrage TIC TIC Yield Par Value 1,655,000.00 1,655,000.00 1,655,000.00 + Accrued Interest + Premium (Discount) 373,799.75 373,799.75 373,799.75 - Underwriter's Discount - Cost of Issuance Expense -24,825.00 - Other Amounts Target Value 2,028,799.75 2,003,974.75 2,028,799.75 Target Date 12/19/2019 12/19/2019 12/19/2019 Yield 3.099646% 3.207576% 2.082637% Page 45 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 18 BOND DEBT SERVICE City of Pasco, Washington Animal Shelter Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Ending Principal Coupon Interest Debt Service 12/01/2020 40,000 4.000% 77,377.50 117,377.50 12/01/2021 45,000 4.000% 79,850.00 124,850.00 12/01/2022 45,000 4.000% 78,050.00 123,050.00 12/01/2023 50,000 5.000% 76,250.00 126,250.00 12/01/2024 50,000 5.000% 73,750.00 123,750.00 12/01/2025 60,000 5.000% 71,250.00 131,250.00 12/01/2026 55,000 5.000% 68,250.00 123,250.00 12/01/2027 60,000 5.000% 65,500.00 125,500.00 12/01/2028 65,000 5.000% 62,500.00 127,500.00 12/01/2029 65,000 5.000% 59,250.00 124,250.00 12/01/2030 75,000 5.000% 56,000.00 131,000.00 12/01/2031 80,000 5.000% 52,250.00 132,250.00 12/01/2032 30,000 5.000% 48,250.00 78,250.00 12/01/2033 40,000 5.000% 46,750.00 86,750.00 12/01/2034 40,000 5.000% 44,750.00 84,750.00 12/01/2035 40,000 5.000% 42,750.00 82,750.00 12/01/2036 45,000 5.000% 40,750.00 85,750.00 12/01/2037 40,000 5.000% 38,500.00 78,500.00 12/01/2038 40,000 5.000% 36,500.00 76,500.00 12/01/2039 45,000 5.000% 34,500.00 79,500.00 12/01/2040 45,000 5.000% 32,250.00 77,250.00 12/01/2041 55,000 5.000% 30,000.00 85,000.00 12/01/2042 55,000 5.000% 27,250.00 82,250.00 12/01/2043 60,000 5.000% 24,500.00 84,500.00 12/01/2044 65,000 5.000% 21,500.00 86,500.00 12/01/2045 65,000 5.000% 18,250.00 83,250.00 12/01/2046 70,000 5.000% 15,000.00 85,000.00 12/01/2047 75,000 5.000% 11,500.00 86,500.00 12/01/2048 75,000 5.000% 7,750.00 82,750.00 12/01/2049 80,000 5.000% 4,000.00 84,000.00 1,655,000 1,345,027.50 3,000,027.50 Page 46 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 19 BOND DEBT SERVICE City of Pasco, Washington Animal Shelter Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2020 36,652.50 36,652.50 12/01/2020 40,000 4.000% 40,725.00 80,725.00 117,377.50 06/01/2021 39,925.00 39,925.00 12/01/2021 45,000 4.000% 39,925.00 84,925.00 124,850.00 06/01/2022 39,025.00 39,025.00 12/01/2022 45,000 4.000% 39,025.00 84,025.00 123,050.00 06/01/2023 38,125.00 38,125.00 12/01/2023 50,000 5.000% 38,125.00 88,125.00 126,250.00 06/01/2024 36,875.00 36,875.00 12/01/2024 50,000 5.000% 36,875.00 86,875.00 123,750.00 06/01/2025 35,625.00 35,625.00 12/01/2025 60,000 5.000% 35,625.00 95,625.00 131,250.00 06/01/2026 34,125.00 34,125.00 12/01/2026 55,000 5.000% 34,125.00 89,125.00 123,250.00 06/01/2027 32,750.00 32,750.00 12/01/2027 60,000 5.000% 32,750.00 92,750.00 125,500.00 06/01/2028 31,250.00 31,250.00 12/01/2028 65,000 5.000% 31,250.00 96,250.00 127,500.00 06/01/2029 29,625.00 29,625.00 12/01/2029 65,000 5.000% 29,625.00 94,625.00 124,250.00 06/01/2030 28,000.00 28,000.00 12/01/2030 75,000 5.000% 28,000.00 103,000.00 131,000.00 06/01/2031 26,125.00 26,125.00 12/01/2031 80,000 5.000% 26,125.00 106,125.00 132,250.00 06/01/2032 24,125.00 24,125.00 12/01/2032 30,000 5.000% 24,125.00 54,125.00 78,250.00 06/01/2033 23,375.00 23,375.00 12/01/2033 40,000 5.000% 23,375.00 63,375.00 86,750.00 06/01/2034 22,375.00 22,375.00 12/01/2034 40,000 5.000% 22,375.00 62,375.00 84,750.00 06/01/2035 21,375.00 21,375.00 12/01/2035 40,000 5.000% 21,375.00 61,375.00 82,750.00 06/01/2036 20,375.00 20,375.00 12/01/2036 45,000 5.000% 20,375.00 65,375.00 85,750.00 06/01/2037 19,250.00 19,250.00 12/01/2037 40,000 5.000% 19,250.00 59,250.00 78,500.00 06/01/2038 18,250.00 18,250.00 12/01/2038 40,000 5.000% 18,250.00 58,250.00 76,500.00 06/01/2039 17,250.00 17,250.00 12/01/2039 45,000 5.000% 17,250.00 62,250.00 79,500.00 06/01/2040 16,125.00 16,125.00 12/01/2040 45,000 5.000% 16,125.00 61,125.00 77,250.00 06/01/2041 15,000.00 15,000.00 12/01/2041 55,000 5.000% 15,000.00 70,000.00 85,000.00 06/01/2042 13,625.00 13,625.00 12/01/2042 55,000 5.000% 13,625.00 68,625.00 82,250.00 06/01/2043 12,250.00 12,250.00 12/01/2043 60,000 5.000% 12,250.00 72,250.00 84,500.00 06/01/2044 10,750.00 10,750.00 12/01/2044 65,000 5.000% 10,750.00 75,750.00 86,500.00 06/01/2045 9,125.00 9,125.00 12/01/2045 65,000 5.000% 9,125.00 74,125.00 83,250.00 06/01/2046 7,500.00 7,500.00 12/01/2046 70,000 5.000% 7,500.00 77,500.00 85,000.00 06/01/2047 5,750.00 5,750.00 12/01/2047 75,000 5.000% 5,750.00 80,750.00 86,500.00 06/01/2048 3,875.00 3,875.00 12/01/2048 75,000 5.000% 3,875.00 78,875.00 82,750.00 06/01/2049 2,000.00 2,000.00 12/01/2049 80,000 5.000% 2,000.00 82,000.00 84,000.00 1,655,000 1,345,027.50 3,000,027.50 3,000,027.50 Page 47 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 20 BOND PRICING City of Pasco, Washington Animal Shelter Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Serial Bonds: 12/01/2020 40,000 4.000% 1.260% 102.578 1,031.20 12/01/2021 45,000 4.000% 1.300% 105.181 2,331.45 12/01/2022 45,000 4.000% 1.330% 107.698 3,464.10 12/01/2023 50,000 5.000% 1.370% 113.910 6,955.00 12/01/2024 50,000 5.000% 1.400% 117.157 8,578.50 12/01/2025 60,000 5.000% 1.460% 120.103 12,061.80 12/01/2026 55,000 5.000% 1.540% 122.721 12,496.55 12/01/2027 60,000 5.000% 1.620% 125.116 15,069.60 12/01/2028 65,000 5.000% 1.690% 127.384 17,799.60 12/01/2029 65,000 5.000% 1.760% 129.453 19,144.45 12/01/2030 75,000 5.000% 1.830% 128.715 C 2.058% 12/01/2029 100.000 21,536.25 12/01/2031 80,000 5.000% 1.880% 128.191 C 2.290% 12/01/2029 100.000 22,552.80 12/01/2032 30,000 5.000% 1.920% 127.774 C 2.479% 12/01/2029 100.000 8,332.20 12/01/2033 40,000 5.000% 1.950% 127.462 C 2.635% 12/01/2029 100.000 10,984.80 12/01/2034 40,000 5.000% 1.990% 127.048 C 2.777% 12/01/2029 100.000 10,819.20 12/01/2035 40,000 5.000% 2.040% 126.532 C 2.909% 12/01/2029 100.000 10,612.80 12/01/2036 45,000 5.000% 2.080% 126.121 C 3.020% 12/01/2029 100.000 11,754.45 12/01/2037 40,000 5.000% 2.120% 125.712 C 3.118% 12/01/2029 100.000 10,284.80 12/01/2038 40,000 5.000% 2.160% 125.304 C 3.208% 12/01/2029 100.000 10,121.60 12/01/2039 45,000 5.000% 2.200% 124.898 C 3.288% 12/01/2029 100.000 11,204.10 1,010,000 227,135.25 Term Bonds 2044: 12/01/2040 45,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 10,434.60 12/01/2041 55,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 12,753.40 12/01/2042 55,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 12,753.40 12/01/2043 60,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 13,912.80 12/01/2044 65,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 15,072.20 280,000 64,926.40 Term Bonds 2049: 12/01/2045 65,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 14,556.10 12/01/2046 70,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 15,675.80 12/01/2047 75,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 16,795.50 12/01/2048 75,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 16,795.50 12/01/2049 80,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 17,915.20 365,000 81,738.10 1,655,000 373,799.75 Dated Date 12/19/2019 Delivery Date 12/19/2019 First Coupon 06/01/2020 Par Amount 1,655,000.00 Premium 373,799.75 Production 2,028,799.75 122.586088% Underwriter's Discount Purchase Price 2,028,799.75 122.586088% Accrued Interest Net Proceeds 2,028,799.75 Page 48 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 21 SOURCES AND USES OF FUNDS City of Pasco, Washington GESA Stadium Dated Date 12/19/2019 Delivery Date 12/19/2019 Sources: Bond Proceeds: Par Amount 1,660,000.00 Premium 369,006.20 2,029,006.20 Uses: Project Fund Deposits: GESA Stadium Project Fund 2,000,000.00 Delivery Date Expenses: Cost of Issuance 24,900.00 Other Uses of Funds: Additional Proceeds 4,106.20 2,029,006.20 Page 49 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 22 BOND SUMMARY STATISTICS City of Pasco, Washington GESA Stadium Dated Date 12/19/2019 Delivery Date 12/19/2019 Last Maturity 12/01/2049 Arbitrage Yield 2.082637% True Interest Cost (TIC) 3.080043% Net Interest Cost (NIC) 3.582542% All-In TIC 3.190609% Average Coupon 4.987370% Average Life (years) 15.823 Weighted Average Maturity (years) 16.019 Duration of Issue (years) 11.380 Par Amount 1,660,000.00 Bond Proceeds 2,029,006.20 Total Interest 1,310,032.50 Net Interest 941,026.30 Total Debt Service 2,970,032.50 Maximum Annual Debt Service 137,150.00 Average Annual Debt Service 99,166.36 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 122.229289 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bonds 1,045,000.00 121.927 4.968% 9.902 833.55 Term Bonds 2044 270,000.00 123.188 5.000% 23.080 267.30 Term Bonds 2049 345,000.00 122.394 5.000% 28.080 341.55 1,660,000.00 15.823 1,442.40 All-In Arbitrage TIC TIC Yield Par Value 1,660,000.00 1,660,000.00 1,660,000.00 + Accrued Interest + Premium (Discount) 369,006.20 369,006.20 369,006.20 - Underwriter's Discount - Cost of Issuance Expense -24,900.00 - Other Amounts Target Value 2,029,006.20 2,004,106.20 2,029,006.20 Target Date 12/19/2019 12/19/2019 12/19/2019 Yield 3.080043% 3.190609% 2.082637% Page 50 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 23 BOND DEBT SERVICE City of Pasco, Washington GESA Stadium Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Ending Principal Coupon Interest Debt Service 12/01/2020 50,000 4.000% 77,282.50 127,282.50 12/01/2021 55,000 4.000% 79,350.00 134,350.00 12/01/2022 60,000 4.000% 77,150.00 137,150.00 12/01/2023 50,000 5.000% 74,750.00 124,750.00 12/01/2024 50,000 5.000% 72,250.00 122,250.00 12/01/2025 55,000 5.000% 69,750.00 124,750.00 12/01/2026 55,000 5.000% 67,000.00 122,000.00 12/01/2027 65,000 5.000% 64,250.00 129,250.00 12/01/2028 70,000 5.000% 61,000.00 131,000.00 12/01/2029 70,000 5.000% 57,500.00 127,500.00 12/01/2030 70,000 5.000% 54,000.00 124,000.00 12/01/2031 75,000 5.000% 50,500.00 125,500.00 12/01/2032 35,000 5.000% 46,750.00 81,750.00 12/01/2033 35,000 5.000% 45,000.00 80,000.00 12/01/2034 35,000 5.000% 43,250.00 78,250.00 12/01/2035 35,000 5.000% 41,500.00 76,500.00 12/01/2036 40,000 5.000% 39,750.00 79,750.00 12/01/2037 45,000 5.000% 37,750.00 82,750.00 12/01/2038 45,000 5.000% 35,500.00 80,500.00 12/01/2039 50,000 5.000% 33,250.00 83,250.00 12/01/2040 50,000 5.000% 30,750.00 80,750.00 12/01/2041 50,000 5.000% 28,250.00 78,250.00 12/01/2042 50,000 5.000% 25,750.00 75,750.00 12/01/2043 55,000 5.000% 23,250.00 78,250.00 12/01/2044 65,000 5.000% 20,500.00 85,500.00 12/01/2045 60,000 5.000% 17,250.00 77,250.00 12/01/2046 65,000 5.000% 14,250.00 79,250.00 12/01/2047 70,000 5.000% 11,000.00 81,000.00 12/01/2048 70,000 5.000% 7,500.00 77,500.00 12/01/2049 80,000 5.000% 4,000.00 84,000.00 1,660,000 1,310,032.50 2,970,032.50 Page 51 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 24 BOND DEBT SERVICE City of Pasco, Washington GESA Stadium Dated Date 12/19/2019 Delivery Date 12/19/2019 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2020 36,607.50 36,607.50 12/01/2020 50,000 4.000% 40,675.00 90,675.00 127,282.50 06/01/2021 39,675.00 39,675.00 12/01/2021 55,000 4.000% 39,675.00 94,675.00 134,350.00 06/01/2022 38,575.00 38,575.00 12/01/2022 60,000 4.000% 38,575.00 98,575.00 137,150.00 06/01/2023 37,375.00 37,375.00 12/01/2023 50,000 5.000% 37,375.00 87,375.00 124,750.00 06/01/2024 36,125.00 36,125.00 12/01/2024 50,000 5.000% 36,125.00 86,125.00 122,250.00 06/01/2025 34,875.00 34,875.00 12/01/2025 55,000 5.000% 34,875.00 89,875.00 124,750.00 06/01/2026 33,500.00 33,500.00 12/01/2026 55,000 5.000% 33,500.00 88,500.00 122,000.00 06/01/2027 32,125.00 32,125.00 12/01/2027 65,000 5.000% 32,125.00 97,125.00 129,250.00 06/01/2028 30,500.00 30,500.00 12/01/2028 70,000 5.000% 30,500.00 100,500.00 131,000.00 06/01/2029 28,750.00 28,750.00 12/01/2029 70,000 5.000% 28,750.00 98,750.00 127,500.00 06/01/2030 27,000.00 27,000.00 12/01/2030 70,000 5.000% 27,000.00 97,000.00 124,000.00 06/01/2031 25,250.00 25,250.00 12/01/2031 75,000 5.000% 25,250.00 100,250.00 125,500.00 06/01/2032 23,375.00 23,375.00 12/01/2032 35,000 5.000% 23,375.00 58,375.00 81,750.00 06/01/2033 22,500.00 22,500.00 12/01/2033 35,000 5.000% 22,500.00 57,500.00 80,000.00 06/01/2034 21,625.00 21,625.00 12/01/2034 35,000 5.000% 21,625.00 56,625.00 78,250.00 06/01/2035 20,750.00 20,750.00 12/01/2035 35,000 5.000% 20,750.00 55,750.00 76,500.00 06/01/2036 19,875.00 19,875.00 12/01/2036 40,000 5.000% 19,875.00 59,875.00 79,750.00 06/01/2037 18,875.00 18,875.00 12/01/2037 45,000 5.000% 18,875.00 63,875.00 82,750.00 06/01/2038 17,750.00 17,750.00 12/01/2038 45,000 5.000% 17,750.00 62,750.00 80,500.00 06/01/2039 16,625.00 16,625.00 12/01/2039 50,000 5.000% 16,625.00 66,625.00 83,250.00 06/01/2040 15,375.00 15,375.00 12/01/2040 50,000 5.000% 15,375.00 65,375.00 80,750.00 06/01/2041 14,125.00 14,125.00 12/01/2041 50,000 5.000% 14,125.00 64,125.00 78,250.00 06/01/2042 12,875.00 12,875.00 12/01/2042 50,000 5.000% 12,875.00 62,875.00 75,750.00 06/01/2043 11,625.00 11,625.00 12/01/2043 55,000 5.000% 11,625.00 66,625.00 78,250.00 06/01/2044 10,250.00 10,250.00 12/01/2044 65,000 5.000% 10,250.00 75,250.00 85,500.00 06/01/2045 8,625.00 8,625.00 12/01/2045 60,000 5.000% 8,625.00 68,625.00 77,250.00 06/01/2046 7,125.00 7,125.00 12/01/2046 65,000 5.000% 7,125.00 72,125.00 79,250.00 06/01/2047 5,500.00 5,500.00 12/01/2047 70,000 5.000% 5,500.00 75,500.00 81,000.00 06/01/2048 3,750.00 3,750.00 12/01/2048 70,000 5.000% 3,750.00 73,750.00 77,500.00 06/01/2049 2,000.00 2,000.00 12/01/2049 80,000 5.000% 2,000.00 82,000.00 84,000.00 1,660,000 1,310,032.50 2,970,032.50 2,970,032.50 Page 52 of 296 Nov 6, 2019 10:03 am Prepared by Northwest Municipal Advisors (Finance 8.500 Pasco:2019LT) Page 25 BOND PRICING City of Pasco, Washington GESA Stadium Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Serial Bonds: 12/01/2020 50,000 4.000% 1.260% 102.578 1,289.00 12/01/2021 55,000 4.000% 1.300% 105.181 2,849.55 12/01/2022 60,000 4.000% 1.330% 107.698 4,618.80 12/01/2023 50,000 5.000% 1.370% 113.910 6,955.00 12/01/2024 50,000 5.000% 1.400% 117.157 8,578.50 12/01/2025 55,000 5.000% 1.460% 120.103 11,056.65 12/01/2026 55,000 5.000% 1.540% 122.721 12,496.55 12/01/2027 65,000 5.000% 1.620% 125.116 16,325.40 12/01/2028 70,000 5.000% 1.690% 127.384 19,168.80 12/01/2029 70,000 5.000% 1.760% 129.453 20,617.10 12/01/2030 70,000 5.000% 1.830% 128.715 C 2.058% 12/01/2029 100.000 20,100.50 12/01/2031 75,000 5.000% 1.880% 128.191 C 2.290% 12/01/2029 100.000 21,143.25 12/01/2032 35,000 5.000% 1.920% 127.774 C 2.479% 12/01/2029 100.000 9,720.90 12/01/2033 35,000 5.000% 1.950% 127.462 C 2.635% 12/01/2029 100.000 9,611.70 12/01/2034 35,000 5.000% 1.990% 127.048 C 2.777% 12/01/2029 100.000 9,466.80 12/01/2035 35,000 5.000% 2.040% 126.532 C 2.909% 12/01/2029 100.000 9,286.20 12/01/2036 40,000 5.000% 2.080% 126.121 C 3.020% 12/01/2029 100.000 10,448.40 12/01/2037 45,000 5.000% 2.120% 125.712 C 3.118% 12/01/2029 100.000 11,570.40 12/01/2038 45,000 5.000% 2.160% 125.304 C 3.208% 12/01/2029 100.000 11,386.80 12/01/2039 50,000 5.000% 2.200% 124.898 C 3.288% 12/01/2029 100.000 12,449.00 1,045,000 229,139.30 Term Bonds 2044: 12/01/2040 50,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 11,594.00 12/01/2041 50,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 11,594.00 12/01/2042 50,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 11,594.00 12/01/2043 55,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 12,753.40 12/01/2044 65,000 5.000% 2.370% 123.188 C 3.586% 12/01/2029 100.000 15,072.20 270,000 62,607.60 Term Bonds 2049: 12/01/2045 60,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 13,436.40 12/01/2046 65,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 14,556.10 12/01/2047 70,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 15,675.80 12/01/2048 70,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 15,675.80 12/01/2049 80,000 5.000% 2.450% 122.394 C 3.749% 12/01/2029 100.000 17,915.20 345,000 77,259.30 1,660,000 369,006.20 Dated Date 12/19/2019 Delivery Date 12/19/2019 First Coupon 06/01/2020 Par Amount 1,660,000.00 Premium 369,006.20 Production 2,029,006.20 122.229289% Underwriter's Discount Purchase Price 2,029,006.20 122.229289% Accrued Interest Net Proceeds 2,029,006.20 Page 53 of 296 AGENDA REPORT FOR: City Council November 6, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Ken Roske, Police Chief Police Department SUBJECT: Fireworks Ordinance Update I. REFERENCE(S): Ordinance Amending PMC Chapter 5.96 Fireworks II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Due to a combination of dry weather, available fuel (brush and grass), growth and development patterns, access to “consumer” fireworks as defined by RCW 70.77.136 2018 as well as non-consumer (illegal) fireworks, the City of Pasco and the Tri-Cities in general have a long history of fires and complaints related to the use of fireworks. Prior to 2018, the City imposed a ban on personal fireworks, and for the past year -and- a-half has allowed by ordinance the use of consumer fireworks. In addition to allowing the use of consumer fireworks, the aforementioned ordinance enacted regulations on the sale and use of consumer fireworks. The sale and use of non-consumer fireworks, essentially aerial and explosive fireworks, remain banned by City ordinance and are the cause of nearly all firework associated fires and complaints. V. DISCUSSION: Staff provided a briefing to Council on August 12, 2019 regarding fireworks during the prior Fourth of July holiday. The update included historical information concerning enforcement, associated data and analysis, areas where community complaints associated with the use of illegal fireworks were most prevalent, and recommendations for the future. Page 54 of 296 Not surprisingly, because of the factors previously noted, there has not been a significant increase or reduction in the number of fireworks complaints since the ban on consumer fireworks was lifted. Anecdotally however, the use of consumer fireworks has increased within the City which is a positive in that consumer fireworks neither “go up or blow up”, both major contributors to firework related complaints and fires. For 2019, police and fire staffing was increased to enhance enforcement and proactive fire response efforts resulting in an increased number of infractions for t he use of illegal fireworks and fewer firework related fires with lesser property damage. Aside from the number of citations issued, the impact of enforcement efforts to change behaviors will not be seen in current year numbers but are hoped to influence 2020 behaviors. Experience has demonstrated that the use of illegal fireworks is difficult if not nearly impossible to regulate away by imposition of a ban, however more recent indications are that it is possible to replace the use of illegal fireworks with consumer fireworks. The correlation between complaints and fires being far less with consumer fireworks than with illegal fireworks, it stands to reason that pushing illegal fireworks out and replacing them with consumer fireworks will increase safety, and lessen; noise complaints, incidents of firework related fires and the general impacts to people and pets. Based on analysis and Council discussion on the matter, staff is recommending the following enhancements to the City’s current approach as enumerated below: 1. Increased public outreach and education efforts regarding the adverse impacts surrounding the use of illegal fireworks, associated costs, reporting procedures. As well as information on allowable fireworks and their use. 2. Provide for easier access to legal fireworks within the City of Pasco to promote the replacement of illegal fireworks with consumer fireworks. 3. Continue proactive fire response efforts, including coordination with the Code Enforcement Division to address higher fire hazard properties prior to the Fourth of July Holiday. 4. Continue heightened enforcement efforts with respect to the use of illegal fireworks, targeting resources toward those sectors within the City identified as having higher numbers of complaints and incidences of illegal fireworks in 2019. With respect to items 1, 3 and 4 above, staff has sufficient policy direction and support to execute. Page 55 of 296 Item 2 above requires further Council action, specifically by increasing the maximum number of permits/licenses for the sale of consumer fireworks from four to eight within a twelve month period. Additional changes have been identified by City Legal as being necessary to align the Pasco Municipal Code (PMC) with State statutes regarding the duration of fireworks sales permits/licenses and fees for the same, these changes are listed below: - Modify the duration of the sales permit/license to comply with statutory requirement of a 13-month duration per permit/license. - Clarify that the term "license" in the PMC is the same as the statutory "permit" authorized to local jurisdictions. - Modify the fee schedule to comply with statutory maximums. Staff seeks Council direction on the code changes proposed. Page 56 of 296 ORDINANCE NO. _____ AN ORDINANCE of the City of Pasco, Washington, amending Pasco Municipal Code Section 5.96.010 “License required”, Section 5.96.030 “Permit fee”, Section 5.96.040 “Term of license”, Section 5.96.070 “Timing for filing of application”, Section 5.96.080 “Fireworks sales requirements”, and Section 3.35.050 “Business licenses” WHEREAS, the City of Pasco found per Ordinance 4375 that certain fireworks when purchased and used in compliance with the laws of the State of Washington and according to the provisions and requirements of the Pasco Municipal Code (“PMC”) are legal; and WHEREAS, the City of Pasco has found that current provisions within PMC Chapter 5.96 contain provisions inconsistent with RCW 70.77 and find that said PMC provisions shall be amended to maintain consistency with the laws of the State of Washington and to provide clarity to the PMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.96.010 of the Pasco Municipal Code entitled “License required” shall be and hereby is amended and shall read as follow: 5.96.010 License required. It shall be unlawful for any person or entity to conduct, operate, sponsor, distribute, or promote a retail fireworks sales business for the purpose of buying or selling fireworks without a license issued by the City pursuant to the provisions of this chapter. A separate license shall be required for each retail and distribution location. The term “license” under this chapter, when referencing a retail fireworks sales business license, shall have the same meaning as the term “permit” defined under RCW 70.77.180, but only with respect to the official authorization granted by a city for the purpose of establishing and maintaining a place within the jurisdiction of the city where fireworks can be sold, and shall not to be construed to grant authorization for fireworks to be manufactured, constructed, produced, packaged, or stored. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 2. That Section 5.96.030 of the Pasco Municipal Code entitled “Permit fee” shall be and hereby is amended and shall read as follows: 5.96.030 Permit fee. The nonrefundable fee for this fireworks sales business license shall be set forth in PMC 3.35.050. A separate fee shall be imposed for each license term (Fourth of July and the New Year’s license term). [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Page 57 of 296 Section 3. That Section 5.96.040 of the Pasco Municipal Code entitled “Term of license” shall be and hereby is amended and shall read as follows: 5.96.040 Term of licenseNumber and duration for retail fireworks sales permits. There are two fireworsk sales license terms for which an applicant may apply. The Fourth of July license term shall commence at 12:00a.m. on June 28th of each year and terminate at 9:00 p.m. on July 5t of each calendar year. The New Year’s license term shall commence at 12:00 noon on December 27th of each year, and expire at 11:00 p.m. on December 31st of each year. The City will issue a maximum of two wholesale distribution licenses, and only four eight fireworks sales licenses within a 12-month periodeach calendar year. If approved, the licenses will be issued on a first-come basis. Every retail fireworks sales business license issued shall be valid for the period from January 1st of the year for which the application is made through January 31st of the subsequent year, or the remaining portion thereof. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 4. That Section 5.96.070 of the Pasco Municipal Code entitled “Timing for filing of application” shall be and hereby is amended and shall read as follows: 5.96.070 Timing for filing of application. An application for a fireworks sales business license for the Fourth of July license term shall be submitted no later than June 11, 2018, for the 2018 calendar year. The application shall be granted or denied by the City on or before 5:00 p.m. on June 20, 2018, for the 2018 calendar year. In all the years thereafter, a completed application shall be submitted to the City no later than May 10th , of the year in which the license is sought to be used, which application shall be approved or denied by June 10th, of the same year or no more than 30 days after receipt of the completed application, whichever date first occurs. Applications for the New Year’s license term shall be submitted no later than November 10th of each year and shall be approved or denied by the City by December 10th, or no more than 30 days after receipt of the completed application, whichever date first occurs. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 5. That Section 5.96.080 of the Pasco Municipal Code entitled “Fireworks sales requirements” shall be and hereby is amended and shall read as follow: 5.96.080 Fireworks sales requirements. (1) Applications for license shall not be accepted nor license issued to individuals under the age of 18 years of age. No person under the age of 18 years shall be employed by the licensee in connection with the retail sales of fireworks. (2) Retail sales of consumer fireworks shall only be allowed within the City from 12:00 noon to 11:00 p.m. on June 28th of each year; from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th of each year; and from 9:00 a.m. to 9:00 p.m. on July 5th of each year; and for the Fourth of July license term. Sale of fireworks shall only be allowed within the City from 12:00 noon p.m. to 11:00 p.m. on each day from December 27th through December 31st of each year during the New Year’s license term as required by RCW 70.77.13670.77.395. Page 58 of 296 (3) Fireworks sales shall only be permitted in commercial zones within the City. (4) Fireworks inventory, storage and sales shall only be permitted within temporary stands or tents as approved by the Fire Marshal of the City, and shall be prohibited within permanent structures or the locations which pose a safety risk. (5) Fireworks stands shall provide no smoking signs in red letters, not less than two inches in height, on white background. All signs shall be maintained in a legible condition and shall be placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the location in which fireworks are sold or stored. (6) Each firework sales location shall have not less than two water-type extinguishers of not less than two and one-half gallon capacity or the equivalent. (7) There shall be at least two exits from all stands and temporary structures from which fireworks are sold. The two exits shall be unobstructed and open from the ground level to at least six feet in height. (8) There shall be no accumulation of dry grass, paper, cardboard, trash, lumber, or other combustibles within 100 feet of any fireworks sales location. (9) Fireworks shall not be sold within 100 feet of any flammable or combustible liquid or liquid petroleum gas dispenser. (10) The fireworks sales stand used for the sale of fireworks shall be removed from the premises no later than seven days from the last date of sales. Any stand or structure remaining beyond this date may be removed by order of the Pasco Chief of Police at the expense of the licensee or property owner. (11) The fireworks business licensee shall distribute, with each sale of fireworks, safety literature as approved by the City of Pasco Fire Marshal. The Fire Marshal may require approved safety posters to be mounted in conspicuous locations at each fireworks sales location. (12) It is unlawful for any person or entity to sale sell or give fireworks to anyone under the age of 16 unless that person is under the immediate supervision of an adult (18 years of age or older). Signs shall be posted prominently at each fireworks sales location which state: IT IS UNLAWFUL TO SELL OR GIVE FIREWORKS TO ANYONE UNDER THE AGE OF SIXTEEN (16) YEARS UNLESS THAT PERSON IS UNDER THE IMMEDIATE SUPERVISION OF AN ADULT EIGHTEEN (18) YEARS OF AGE OR OLDER. IT SHALL BE UNLAWFUL FOR A PARENT, GUARDIAN, OR OTHER PERSON RESPONSIBLE FOR A CHILD UNDER THE AGE OF SIXTEEN (16) YEARS OF AGE TO ALLOW THAT CHILD TO POSSESS, USE, DISCHARGE, OR TRANSPORT ANY FIREWORKS UNLESS THAT CHILD IS UNDER THE IMMEDIATE SUPERVISION OF AN ADULT. Page 59 of 296 (13) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any fireworks sales location. (14) There shall be prominently posted at each fireworks sales location a list of the fireworks that may be sold to the public and approved for sale within the City of Pasco as required by RCW 70.77.580. (15) The fireworks business license shall be conspicuously posted at each fireworks sales location and shall be produced for inspection upon the request of any authorized City official or employee. (16) The fireworks sales location cannot be within 50 feet of any structure and cannot be within 25 feet of any property line or City right-of-way. The actual location of structures and improvements must comply with the approved site plan. [Ord. 4385 § 4, 2018; Code 1970 § 5.80.010.] Section 6. That Section 3.35.050 of the Pasco Municipal Code entitled “Business licenses” shall be and hereby is amended and shall read as follow: 3.35.050 Business licenses. Fee/Charge Reference License base fee $80.00 5.05.160 Employee fee – per full time equivalent $20.00 5.05.160 Rental dwellings – includes first unit (No maximum fee) $50.00 5.60.020 Rental dwelling – Each additional unit $10.00 5.60.020 Late penalty: Rental license 20% of amount due 5.60.020 Regulatory license (unless otherwise specified) $30.00 5.05.160 Special events: Athletic, competitive or festival $25.00 5.35.130 Auction sales – for 3 days $75.00 5.35.130 Carnivals and circuses – first day fee $275.00 5.35.130 Each and every day after first $125.00 5.35.130 Page 60 of 296 Fee/Charge Reference Concert $25.00 5.35.130 Dance hall – without liquor $75.00 5.35.130 Dance hall – with liquor $350.00 5.35.130 Demonstration $15.00 5.35.130 Outdoor music festival $25.00 5.35.130 Parade $15.00 5.35.130 Public dance $15.00 5.35.130 Temporary special sales event – (maximum for event $500.00) $40.00 for the first vendor 5.35.130 Each additional vendor $20.00 Street and intersection closure review fee $50.00 5.35.180(1)(e) Fireworks sales and wholesale distribution 5.35.050 Fourth of July license term License fee per annum $115.00$100.00 5.96.030 - fire safety inspection ($75.00) - license fee ($40.00$25.00) New Year license term $115.00 5.96.030 - fire safety inspection ($75.00) - license fee ($40.00) Solicitors $150.00 5.65.060 Pawnshop $250.00 5.80.020 Ambulance service business license $150.00 5.15.030 Amusement device distributor $500.00 5.40.060 Amusement device user – 1-6 machines $50.00 5.40.060 Amusement device user – 6+ machines $100.00 5.40.060 Page 61 of 296 Fee/Charge Reference Adult entertainment facility: $700.00 5.20.110 Adult entertainer $150.00 5.20.110 Adult waitperson $150.00 5.20.110 Adult ent. bus. mgr. $150.00 5.20.110 Taxicab and transportation network company licensing Annual for-hire (taxicab/TNC) business license application review and business license fee in the amount as follows: 5.110.040 Companies employing or contracting with 10 or fewer drivers $300.00 Companies employing or contracting with 11 to 40 drivers $700.00 Companies employing or contracting with 41 or more drivers $2,000.00 Annual for-hire driver business license $40.00 5.110.050 Photograph (as applicable) $5.00 5.110.060 Fingerprints (as applicable) $10.00 5.110.060 Criminal history check (as applicable) $30.00 5.110.060 WSP/FBI criminal history check $34.75 5.110.060 Sidewalk sales No fee 5.95.010 Mobile home park Inspection fee $20.00 19.15.040 Yard sale permit No fee 5.90.020 Yard sale sign violation $50.00 17.15.020 [Ord. 4441 § 8, 2019; Ord. 4385 § 5, 2018; Ord. 4372, 2017; Ord. 4342, 2017; Ord. 4321, 2016; Ord. 4154, 2014; Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002; Code 1970 § 3.07.050.] Page 62 of 296 Section 7. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ______ day of November, 2019. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _______________________________ Debra Barham, CMC Eric W. Ferguson City Clerk City Attorney Page 63 of 296 AGENDA REPORT FOR: City Council November 4, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Steve Worley, Director Public Works SUBJECT: Basin Disposal Inc. - Overview of Services, 2020 Rate Increase I. REFERENCE(S): Presentation Solid Waste Agreement 11/16/2015 BDI Letter 8/26/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Solid Waste Rates proposed to increase 4.03% starting January 1, 2020. IV. HISTORY AND FACTS BRIEF: Basin Disposal Inc. (BID) has provided collection and disposal of the City's residential and commercial solid waste for several years. The current agreement with BDI, negotiated in 2015, is for a 15 year-year term with automatic 1-year extensions of the expiration date with each anniversary, unless notice of termination is provided per the provisions of the agreement. The agreement sets the terms and classes of service and provides the conditions for rate increases, which may occur annually. Basic rate adjustments are tied to the Consumer Price Index (CPI) (limited to 80% of any increase) while other adjustments (i.e. tipping fees, disposal costs, etc.) due to outside vendors, may also be requested. The agreement includes an annual rate adjustment cap of 5%. V. DISCUSSION: Based on the terms of the BDI agreement, the proposed CPI-based basic rate Page 64 of 296 adjustment for 2020 is 2.08% (80% of the CPI index as specified in the agreement). Tipping fees for the disposal of solid waste also increased by a 'weighted average' of 1.97%. Taking into account how these increases are calculated and distributed across each service area (commercial, residential, industrial) the overall, rate increase for a typical residential 96 gallon container is 4.08%. With the proposed rate increase, the cost for a standard residential 96 gallon container will increase from $20.58 per month to $21.42. Per the contract BDI is the retail provider to the customer and is responsible for notification of the proposed rate adjustment. Council authorized a sub-committee consisting of Mayor Watkins and Councilmember Alvarado to work with staff in reviewing the BDI proposal in detail. Mayor Watkins, Councilmember Alvarado, City Manager, Finance and Public Works Directors and Policy Analyst recently met with BDI representatives to discuss the proposal. Per the request of the committee, subsequent review for conformance with the agreement and accounting practices was completed by the Finance Director relating to formulas and cost allocations embedded with the BDI rate analysis. Based on the above, the sub-committee found that the requested increase is consistent with the terms and conditions of the agreement. BDI personnel will provide a brief presentation on 1) their services in Pasco, 2) market conditions regarding recycled materials and 3) solid waste disposal rate increase. Page 65 of 296 Basin Disposal Inc. City of Pasco –Annual Presentation Dave Atwell –Basin Disposal, Inc. 12 November 2019 Page 66 of 296 Agenda Recycling Market Overview Service Recap Annual Rate Adjustment Questions Page 67 of 296 Basin Disposal Inc. -History Where we came from Est. 1941 Family owned for 3 Gen. Who we are Darrick Dietrich –President Charlie Dietrich –Vice President Booker Nagely –Ops Manager Jaime Diaz –Route Manager Susan Myers –CS Manager Amy Miller-Angelov –Admin Director Dave Atwell –Pricing Manager Page 68 of 296 Recycling Recap Page 69 of 296 Recycling Market –Recap July 2017 –China’s National Sword campaign Ban on unsorted mixed paper and plastics March 2018 -All scrap materials imported into China may not exceed 0.5% Contamination Processing Standards for Washington Recycling Facilities aspire to 3-5% China Freezes all scrap paper import permits Source: https://ecology.wa.gov/Waste-Toxics/Reducing-recycling-waste/China-s-recycling-banPage 70 of 296 Recycling Market –Outlook Overseas Markets are Saturated Domestic Paper Mills are Adding Capacity Enhancing Focus on Education to Reduce Contamination “Many Americans are either aspirational recyclers or they’re confused recyclers. Just because it’s made of plastic doesn’t mean it can be recycled.” --David Biderman, Executive director and CEO of the Solid Waste Association of North America (SWANA)Page 71 of 296 Recycle Market –The Current List Current Market is the “new normal” New Accepted Menu Mixed Paper Newspaper Corrugated cardboard Cereal, cracker and shoe boxes Office Paper Magazines/catalogs Plastic #1 –Plastic Bottles #2 –Soda bottles, water bottles, milk jugs, detergent/cleaning solution bottles Metal Steel (Tin) Cans Aluminum Cans Page 72 of 296 Recycle Container Locations Page 73 of 296 Recycle Container Locations Virgie Robinson Elementary at 125 S Wehe Ave Grange Hall at Rd. 64 and Court St. Stevens Middle School at 1120 N 22nd Ave On the corner of 5th & Octave St Soccer Field at Court St. and Rd. 48 Grigg’s Dept. Store at Columbia and 9th St. Ochoa Middle School at 1801 E. Sheppard Community U. U. Church at 2819 Sylvester St. McLoughlin School at Argent and Rd. 84Page 74 of 296 Recycling Market –Comingled Cost Recycling Cost as of Oct 2019 Current Solid Waste Disposal Per Ton $175 $56.52 Cardboard Price/Ton Oct-17 $20.00 Oct-18 $7.00 Oct-19 $0.00 Page 75 of 296 Service Recap Page 76 of 296 Unlimited Residential Pickup Service Coupon to Transfer Station No Extra Charges Bulky Items: OK Couches Appliances Refrigerators Freon disposal extra Minimal Charge for Second 96gal cart Page 77 of 296 Equipment Natural Gas Trucks 40% of applicable trucks are natural gas Curroto-Can https://www.youtube.com/watch?v=yBNNBCESOjQ Clean Updated Fleet Upcoming Advancements Fleet and Routing Software Goal: Maximize efficiency to Minimize Service CostsPage 78 of 296 Services Residential Commercial Industrial Recycle Page 79 of 296 Pasco Service Profile Steady Residential and Industrial Customer Growth Continued projected growth Page 80 of 296 Annual Rate Adjustment Page 81 of 296 Annual Rate Adjustment Section 6.3.1 –Annual Rate Adjustment Adjustment preserves contractually agreed upon structure of rates from the effects of inflation. By contract, all service charges adjusted by 80% of annual percentage increase in the Consumer Price Index (CPI) Contract ClausePage 82 of 296 Annual Rate Adjustment Source: https://www.bls.gov/data/ West –Size Class B/C (June Data) CPIPage 83 of 296 Adjustment to Tipping Fees Notice from Columbia Basin LLC in May 2019 Tipping Fee increases from $49.00/ton to $51.96/ton (6.04% Increase) Effective: 1 January 2020 Weighted average rate increase of tipped services increase by 1.97% due to increase in tipping fees Contract ClausePage 84 of 296 Rate Calculation 2.08%1.97% Service Code RATE CHANGE TYPE Rate 2019 CPI Adjustment Amount Service Tip Adjustment Amount Rate 2020 COM_96GAL_1X CPI & TIP $44.78 $0.93 $0.90 $46.61 FEL_4.0YD_1X CPI & TIP $206.36 $4.29 $4.15 $214.80 RES_96GAL_1X CPI & TIP $20.58 $0.43 $0.41 $21.42 RES_96GAL_ADDTL_CART CPI & TIP $2.12 $0.04 $0.04 $2.21 ROL_30YD_HAUL CPI Only $156.93 $3.26 --$160.19 Page 85 of 296 Questions?Page 86 of 296 City of Pasco and Basin Disposal Comprehensive Solid Waste Collection Agreement ReturnPage 87 of 296 City of Pasco and Basin Disposal Comprehensive Solid Waste Collection Agreement ReturnPage 88 of 296 BLS CPI ReturnPage 89 of 296 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal,Inc. November 16,2015 Page 90 of 296 Table of Contents RECITALS,AGREEMENT,DEFINITIONS ............................................................... ... ..1 AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT ..............1 TERM;AUTOMATIC EXTENSIONS ...................................................................... ...... ..1 3.1. 3.2.Automatic Extensions ............................................................... ....................... .. SCOPE OF WORK ................................................................. .......................................... ..2 4.1.General Terms and Conditions ................................................................... ..... ..2 4.2.City Service Area .......................................................... ................................... ..2 4.3.Sole and Exclusive Solid Waste Service Provider ...2 4.4.Annexation .............................................................. ......................................... ..3 4.5.Unsafe Conditions at Pick-Up Locations ...........................................................4 4.6.Hours/Days of Operation ............................................................. .................... ..4 4.7.Employee Conduct .................................................................. ......................... ..4 4.8.Disabled Persons Service.......5 4.9.Holiday Schedules .................................................................. ......................... ..5 4.10.Inclement Weather and Other Service Disruptions ...........................................5 4.11.Suspending Collection from Problem Customers ..............................................5 4.12.Missed Collections .................................................................. ......................... ..6 4.13.Schedule of Solid Waste Collection .............. 4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and Equipment ............................................... 4.15.Residential Carts and Containers Inventory ......................................................7 4.16.Ownership of Equipment ......................................................................... ........ ..7 4.17.Spillage ................................................................. ........................................... ..7 4.18.Disruption Due to Construction .................................................................. ..... ..7 4.19.Site Planning Assistance ............................8 4.20.Safeguarding Public and Private Property .........................................................8 4.21.Company Name .......................................................... ..................................... ..8 4.22.Coordination between City and Contractor .......................................................8 4.23.Disposal Restrictions and Requirements ...........................................................9 4.24.Disposal Site for Solid Waste .................9 4.25.Adjustment of Service Level for Certain Customers .........................................9 Comprehensive Solid Waste Collection Agreement Page ii Page 91 of 296 4.26.Violation of Ordinance .............................................................. ...................... ..9 4.27.Public Information .................................................................. ......................... ..9 4.28.Compaction of Solid Waste ...................................................................... ..... ..l0 SOLID WASTE SERVICE .................................................................... ........................ ..10 5.1 .Residential Service .................................................................. ....................... ..10 5.1 .1.Residential Customer Solid Waste Service ......................................................10 5.1.2.Residential Carts .................................................................... ........................ ..10 5.1.3.Senior,Low Income Discount .....1l 5.1.4.Household Hazardous Waste Program ............................................................13 5 .2.Commercial Service .............................................................................. ......... ..13 5.2.1.Commercial Customer Solid Waste Service ....................................................13 5.2.2.Commercial Containers .......................................................................... ....... ..14 5.2.2.1 Container Types .................................................................... ......................... ..14 5.2.2.2.General Terms and Conditions Applicable to Commercial Containers ...........14 5.2.2.3.Additional Fees ..................................................................... ........ ......15 5.2.2.4.Customer-Owned Drop-Box Containers ..........................................................15 5.3.Temporary Solid Waste Service Plans .............................................................16 5.4.Solid Waste Service to City Properties and Facilities .....................................16 5.5.Recyclable Materials and Green Waste ...........................................................17 5.6.Miscellaneous Solid Waste Services ...............................................................17 5.7.Customer Service 18 5.7.1.Customer Service Of?ce .........................................18 5.7.2.Complaints ......................................................................... ............................ ..18 5.7.3.Emergency Contact ............................................................................... ......... ..19 5.8.Reports ............................................................................ ............................... ..l9 COMPENSATION ............................................................................ ............................. ..19 6.1.Basis for Determination of Solid Waste Service Rates ...................................l9 6.2.Compensation for Solid Waste Services .................19 6.3.Adjustment to Solid Waste Service Rates .......................................................20 6.3.1.Annual Rate Adjustment ............................................................. ................... ..20 6.3.2.Adjustments to Tipping Fees and Disposal Fees .............................................20 6.3.3.Fuel Expense Adjustments ........................................................... .................. ..21 6.3.4.Annual Rate Adjustment Cap .................................................................... .... ..21 6.3.5.Solid Waste Disposal Cost Adjustment ...........................................................22 Comprehensive Solid Waste Collection Agreement Page iii Page 92 of 296 10. 6.3.6.Tax Additive ..................................................... ............ .....22 6.3.7.Other Modi?cations ........................................... ........................................... . .. 6.3.8.Changes in Impositions or Other Laws ......................................... ................. ..23 6.3 .9.Termination by Contractor ....................................... ...................................... ..23 6.4.Billing for Solid Waste Services;Delinquent Accounts ..................................23 6.5.Delinquent Accounts and other Customer Defaults....... PERFORMANCE FEES,DEFAULT AND REMEDIES .......................................... .... .. 7.1.Performance Fees ............................................ ............................................ ... ..24 7.2.Default and Remedies .......................................... .......................................... ..25 NOTICES ............................................. ............................................. .............................. ..25 INSURANCE AND BOND REQUIREMENTS..26 9.1.General Insurance Requirement ......................................... ............................ ..26 9.2.Minimum Scope of Insurance .......................................... .............................. ..26 9.3.Minimum Amounts of Insurance ........................................ ........................... ..26 9.4.Deductibles and Self-Insured Retentions ........................................ ............... ..27 9.5.Other Insurance Provisions ............................. 9.6.Acceptability of Insurers .............................................. .................................. .. 9.7.Verification of Coverage ........................................ ........................................ ..27 9.8.Subcontractors.......................................... .......................................... ............ ..27 9.9.Performance Bond/Surety.. GENERAL TERMS ........................................................ .......... .. 10.1.Indemni?cation.............................................. .............................................. .. .. 10.1.1.Indemnify and Hold Harmless .......................................... ............................. ..28 10.1.2.Notice to Contractor;Defense .......................................... ............................. ..28 10.1.3.Industrial Insurance Immunity Waiver 10.2.Transfer of the Contract ......................................... ............................. .. 10.2.1.Assignments,Subcontracts and Delegations ...................................... ........... ..29 10.2.2.Changes in Control ............................................ ............................................ ..29 10.3.Legal .......................................... .......................................... .......................... ..30 10.3.1 Laws to GovemNenue 10.3.2 Attorney Fees .......................................... .......................................... ............. ..30 10.3.3 Arbitration ............................................ ............................................ .............. ..30 10.4.Compliance With Laws ............................................... ................................... ..30 10.5.Non-Discrimination........................................... ........................................... . ..30 Comprehensive Solid Waste Collection Agreement Page iv Page 93 of 296 10.6. 10.7. 10.8. 10.9. 10.10. 10.10.] 10.10.2 10.11. 10.12. 10.13. Permits and Licenses..............................31 Relationship of Parties ........................31 Bankruptcy ....................................................................................... .............. ..31 Right to Renegotiate or Amend .................................................................. ... ..31 Force Majeure .................................................................................... ............ ,.32 Force Majeure Events ............................................................................ ........ ..31 Force Majeure Occurrences of Non-Default ....................................................32 Illegal Provisions/Severability ........................................................ ............... ..32 ....32 Entirety ........................................................................................... ................ ..33 Comprehensive Solid Waste Collection Agreement Page V Page 94 of 296 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT This Comprehensive Solid Waste Collection Agreement (“Agreement”)is made and entered into this 16 day of November,2015 (“Effective Date”),by and between the City of Pasco,a Washington municipal corporation (the “City”),and Basin Disposal,Inc.,a Washington corporation (“Contractor”). RECITALS A.Contractor desires to provide,and has the experience,resources and expertise necessary,to perform solid waste collection services. B.Contractor currently provides solid waste collection service to the City under an agreement executed on March 15,1993 (as amended,the “Original Agreement”),which will expire not sooner than December 31,2022. C.The City and Contractor desire to amend and replace the Original Agreement in its entirety to recognize,among other things,the extensive,on-going capital investment made by Contractor to achieve and pass on to customers the cost savings from the ef?ciencies gained thereby. NOW,THEREFORE,in consideration of the mutual covenants,agreements and promises herein contained,the City and Contractor do hereby agree as follows: AGREEMENT 1.DEFINITIONS Capitalized terms used in this Agreement shall have the meanings given them in Exhibit A. 2.AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT Effective as of the Commencement Date,the Original Agreement is hereby amended and replaced in its entirety by this Agreement. 3.TERM;AUTOMATIC EXTENSIONS 3.1.Term The initial term of this Agreement (“Term”)shall be for fifteen (15)years, commencing on January 1,2016 (the “Commencement Date”),and expiring on the day before the sixteenth (16th)armiversary of the Commencement Date (the “Expiration Date”). Comprehensive Solid Waste Collection Agreement Page 1 Page 95 of 296 3.2.Automatic Extensions On each anniversary of the Commencement Date,the Expiration Date shall automatically be extended by one (1)year unless either party has given ninety (90) days written notice of termination to the other party,in which case the Agreement shall terminate on the Expiration Date in effect as of the date of such written notice of termination. SCOPE OF WORK 4.1.General Terms and Conditions Contractor shall collect,transport and dispose of all Solid Waste,Household Hazardous Waste and any other materials herein authorized,from each and every Customer within the Service Area pursuant to the tenns and conditions of this Agreement. 4.2.City Service Area Contractor shall provide all of the services described in this Agreement to the entire City Service Area. 4.3.Sole and Exclusive Solid Waste Service Provider During the Term of this Agreement,Contractor shall be the sole and exclusive provider to manage,collect,transport and dispose of Solid Waste and Household Hazardous Waste,and,as applicable,to manage,collect,transport and process Recyclable Materials and Green Waste subject to a separate collection service requested by the City or the jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting such authority to the WUTC,all as more particularly described in Section 5.5.herein,and any other materials authorized for collection pursuant hereto,within the City Service Area.When requested by Contractor,the City shall seek to enforce the rights the City has granted to Contractor hereunder;however,the City shall not be obligated to instigate litigation to protect the right of Contractor.Contractor may independently enforce its rights under this Agreement against third party violators,including but not limited to seeking injunctive relief,and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation).Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities.Notwithstanding the foregoing,the City shall enforce its municipal code in the ordinary course against any third parties providing unauthorized Solid Waste service. Any material discarded by a Customer for which it pays to collect,process and/or dispose of the material shall constitute “Solid Waste”subject to all terms and conditions of this Agreement.This Agreement will not apply to Solid Waste,Recyclable Materials,Green Waste,Household Hazardous Waste and Agricultural Processed Waste self—hauledby the generator,or Green Waste generated and hauled by private landscaping services. Comprehensive Solid Waste Collection Agreement Page 2 Page 96 of 296 4.4.Annexation If additional territory is added to the City through annexation or other means, Contractor shall make collections in such annexed areas in accordance with the provisions of this Agreement at the unit prices set forth in this Agreement,provided however,the remaining Term of this Agreement shall not be less than ??een (15)years from the effective date of such annexation.If the City has given Contractor a notice of termination of this Agreement prior to such annexation,the annexed area shall not be added to this Agreement except with the written consent of Contractor,which may be withheld at the sole discretion of Contractor.If the armexed area is added to this Agreement,the parties shall execute an amendment to this Agreement consistent with the provisions of this section,including the replacement of Exhibit B depicting the City Service Area.If Contractor possesses a WUTC certi?cate or other franchise for Solid Waste collection in the annexed area at the time of annexation,the amendment of this Agreement to add the annexation area to the City Service Area shall be in lieu of the grant of a franchise pursuant to RCW 3513280 or RCW 35.A.l4.900,as applicable, and Contractor shall waive and release its right to claim any damages or compensation from the City arising out of the cancellation of any pre-existing permit,certi?cate or franchise held by Contractor prior to annexation,and ?rrther speci?cally waives the right to receive any additional compensation or any rights of collection in the newly- annexed territory beyond what is provided herein.Subject to the provisions hereof, Contractor acknowledges that its certi?cate applicable to those future armexation areas shall be cancelled effective the date of annexation by the City. If a party other than Contractor holds the WUTC certi?cate for any such future annexed territory,the City shall work with such party in good faith using commercially reasonable efforts to provide for the timely termination of such party's right to provide Solid Waste collection service to the subject armexation area.Upon termination of such party’s right to provide Solid Waste service to said annexation area,the parties shall cause the subject annexation area to be added to the City Service Area as provided above and subject to the terms and conditions of this Agreement.The City will indemnify,hold harmless and defend Contractor from any and all claims,actions, suits,liabilities,losses,costs,expenses and damages,including costs and attorney fees, asserted by such parties providing solid waste collection service arising from Contractor’s service in such armexed territory pursuant to this Agreement. The City acknowledges that Contractor shall require a reasonable amount of time to secure the necessary equipment,including but not limited to vehicles,Residential Carts and Containers,to service the annexed area,and shall not penalize Contractor for reasonable delays in the provision of services to annexed areas covered by this Agreement due to procurement delays that are not within the commercially reasonable control of Contractor.Customers within the annexed area shall receive the Residential Carts and Containers described herein in accordance with the provisions of this Agreement.In the event that an annexed area is being serviced with Residential Carts and Containers different from the City’s program,Contractor shall be responsible for timely Customer notification and removal of the existing Residential Carts and Comprehensive Solid Waste Collection Agreement Page 3 Page 97 of 296 Containers and delivery of appropriate Residential Carts and Containers within a reasonable time. 4.5.Unsafe Conditions at Pick—UpLocations If,in Contractor’s commercially reasonable discretion,a Customer is located in an area that does not permit safe access,turn—aroundor clearance for Contractor’s vehicles, Contractor shall provide Solid Waste service to such Customer provided the Customer sets out its materials adjacent to the nearest Public Street or Private Road allowing such safe access and Contractor is provided with reasonable advance notice of such location. Contractor shall use commercially reasonable efforts to work with such Customer to determine a safe location in compliance with applicable law.If Contractor in its commercially reasonable discretion determines that a Private Road cannot be safely negotiated or that providing drive-in service for Residential Customers shall be impractical due to distance or unsafe conditions,Contractor and the City shall evaluate the on-site conditions and make a determination of the best approach for providing Solid Waste service to the affected Residential Customers.Contractor and the City shall present feasible service options to the Customers concerning the nearest safe and mutually convenient pick-up location.If Contractor believes that its vehicles shall cause damage to a Private Road in the ordinary course of operation,Contractor may withhold Solid Waste service from the respective Customers until such Customers provide a damage waiver agreement to Contractor. 4.6.Hours/Days of Operation Contractor shall make Solid Waste collections from Single-Family Residences,Multi- Family Complexes and Mixed-Use Buildings on Monday through Friday between the hours of 7:00 a.m.and 6:00 pm.,provided,however,that the City may authorize from time to time temporary extensions or written exemptions of the collection period to accommodate the special needs of Customers,provided further however,that Contractor may conduct from time to time Solid Waste collections on Saturdays to the extent necessary to make up missed collections.Contractor shall make Solid Waste collections from non-Residential Commercial Customers on Monday through Friday between the hours of 5:00 a.m.and 6:00 p.m.provided;however,the City shall have the authority to notify the Contractor of which Commercial areas are located near Residential zoned areas,and shall be subject to the Residential collection hours. 4.7.Employee Conduct Contractor shall require its employees at all times on routes to be courteous,refrain from making loud,inappropriate or obscene language,exercise due care,perfomi their work ef?ciently and expeditiously,and avoid damage to public or private property.Contractor shall further require its employees to use only that portion of private property reasonably necessary to complete their duties,and to the extent reasonably possible,stay within regular pedestrian walkways and paths and avoid crossing ?ower beds and hedges, Contractor’s employees shall wear reasonably clean and presentable clothing while on Comprehensive Solid Waste Collection Agreement Page 4 Page 98 of 296 their routes.If the City gives written notice to Contractor of any employee of Contractor failing to comply with the above requirements,Contractor shall use commercially reasonable efforts to remedy the issue as soon as possible,including temporarily or pennanently removing such employee from all further performance of the work described in this Agreement. 4.8.Disabled Persons Service Contractor shall provide,at no additional expense,carry-out service of Solid Waste to those Residential Customers that suffer from a documented disability that prevents them from placing a Residential Cart at the Curb.The Residential Customer shall provide Contractor with veri?able information and complete the appropriate documentation prior to such service being provided.Contractor’s criteria for carry-out service shall comply with all local,state and federal regulations,and shall be subject to the City’s review and approval prior to program implementation. 4.9.Holiday Schedules Contractor shall provide regular Residential and Commercial collection services on all weekdays,Monday through Friday inclusive,regardless of any holidays that may be observed.Drop—BoxContainer collection service shall not be performed on New Year’s Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving Day and Christmas. 4.10.Inclement Weather and Other Service Disruptions If,in Contractor’s commercially reasonable discretion,weather or other route conditions pose a danger to the public,Contractor’s employees or equipment,Contractor shall provide Solid Waste service only to those portions of the City Service Area that do not pose such a danger.Contractor shall provide the City within a reasonable time after such event Contractor’s plans to make up missed Solid Waste collections.Unless the City gives Contractor written notice of the City’s objections to such plans,Contractor may perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays following disruptions in order to make up missed collections. 4.11.Suspending Collection from Problem Customers The City and Contractor acknowledge that,from time to time,some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or con?icts may include,but not be limited to,repeated damage to Residential Carts or Containers,repeated refusal to position Residential Carts or Containers properly,repeated suspect claims of timely set-out followed by demands for return collection at no charge,and repeated claims of damage to the Customer’s property. Contractor shall make every reasonable effort to provide service to those problem Customers.However,Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing Contractor’s decision,the Comprehensive Solid Waste Collection Agreement Page 5 Page 99 of 296 City may,in its sole discretion,intervene and attempt to mediate a resolution in the dispute.The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 4.12.Missed Collections If Contractor fails to collect Solid Waste from a Customer without permissible excuse therefore,Contractor shall provide such service to the Customer within a reasonable time, but in no event later than 6:00 P.M.of the business day following Contractor’s receipt of noti?cation of the missed pick—up.Contractor shall maintain a record of all missed collections reported by Customers (whether reported by telephone or e—mail)and Contractor’s corrective action.If a Residential Cart or Container is set out inappropriately,improperly prepared or contaminated with unacceptable Solid Waste, Biomedical Waste or Hazardous Waste,Contractor shall not be obligated to collect the materials from such Residential Cart or Container.Contractor shall place a noti?cation tag on such Residential Cart or Container that identi?es the speci?c reason for not collecting the Solid Waste,and maintain a record of such missed collections.If Contractor is requested by the Customer to make a return trip due to no fault of Contractor,Contractor shall be permitted to charge the Customer an additional fee for this service at the rate speci?ed in the rate schedule attached hereto as Exhibit C (“Rate Schedule”). 4.13.Schedule of Solid Waste Collection Contractor shall perform Solid Waste services for each respective Residential Customer pursuant to a regmlar schedule on the same day and as close to a consistent time as possible;Contractor may vary,in its discretion,the collection routes and schedules for Commercial Customers.Contractor shall provide dispatch service and equipment capability to collect full Drop-Box Containers no later than the second (2nd)business day after the Customer’s request.Contractor shall indicate,on a detailed map acceptable to the City,the day of the week Solid Waste shall be collected from each Residential Customer.Contractor may change the day of collection from time to time by giving the City and the affected Residential Customers at least ?fteen (15)days prior written notice of the different collection date. 4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and Equipment Contractor shall cause each of its vehicles to display the vehicle’s inventory number and customer service telephone number in lettering not less than four (4)inches high and clearly visible from a minimum distance of twenty (20)feet,together with appropriate safety markings,including all highway lighting,?ashing and warning lights,clearance lights,and warning ?ags in accordance with applicable laws.Contractor shall equip each route,service and supervisory vehicle with properly licensed two-way communication equipment capable of communication throughout the entire City Service Area with a base station maintained by Contractor.In addition,Contraction shall cause all vehicles to Comprehensive Solid Waste Collection Agreement Page 6 Page 100 of 296 carry regularly-maintained and fully—functionalspill kits,including absorbent pads or granules,containment booms,storm drain covers,sweepers and other similar materials suf?cient to contain,control and,for minor events,appropriately clean-up spillage or release of wind-blown materials,litter,or leaks of ?uids or leachate from the vehicle. Spill kits shall also include Contractor’s spill response procedure,which procedure shall be developed as provided in Section 4.17. Contractor shall cause all vehicles and equipment to be maintained in good operating condition at all times.In addition,Contractor shall maintain its vehicles to ensure that no liquid wastes (such as Solid Waste leachate)or oils (lubricating,hydraulic or fuel)to be discharged from the vehicles except to appropriate facilities.Contractor shall regularly clean and wash thoroughly all vehicles used in the collection of Solid Waste.Contractor shall cause its vehicles to be repainted from time to time as needed to maintain a clean and professional appearance. 4.15.ResidentialCarts and Containers Inventory Contractor shall procure and maintain a suf?cient quantity of Residential Carts and Containers to service the City’s Customer base,including for seasonal and economic variations in the demand for Residential Carts and Containers. 4.16.Ownership of Equipment All vehicles,facilities and property used in performance of work under this Agreement shall be owned or leased by Contractor.The City shall have no obligation to provide equipment,facilities or personnel in connection with Contractor’s duties hereunder. 4.17.Spillage Contractor shall cause any blowing or spillage of Solid Waste,or leachate from Contractor’s vehicles,to be cleaned up immediately by Contractor’s employees.For any spill of leachate requiring more equipment or treatment other than the spill kits carried on a collection vehicle,Contractor shall promptly notify the City of such event.Contractor shall develop and submit to the City for its review a spill response procedure,and shall incorporate any commercially reasonable comments that the City provides.The spill response procedure shall include a list of emergency contacts,which shall be reviewed annually and updated as necessary. 4.18.Disruption Due to Construction If a Public Street is under construction such that the work interferes with Contractor’s services,Contractor shall use commercially reasonable efforts to account for such interruption to permit the prudent and safe collection of Solid Waste from affected Customers. Comprehensive Solid Waste Collection Agreement Page 7 Page 101 of 296 4.19.Site Planning Assistance The City shall,as part of its permitting process,cause written notice to be given to Contractor of any development permit application containing plans for the construction of a new or substantially remodeled building or other permanent structure,where commercial container service is contemplated for solid waste,so that Contractor may provide,but has no obligation to do so,written comments concerning Contractor’s ability to access Containers and provide safe and efficient collection services to such property. Upon request and at standard rates determined from time to time by Contractor, Contractor shall provide site planning assistance to property owners or their representatives.The site plarming assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area,and shall address the design and planning of Solid Waste removal areas and their location upon the site. Contractor shall provide its assistance for optimizing loading docks,enclosures, compactor equipment and other similar structures or areas,provided however,that such site planning consultation service shall be made without warranty and without liability of any sort,and Contractor may require a commercially reasonable waiver to such effect prior to giving such site planning assistance. 4.20.Safeguarding Public and Private Property Contractor shall use commercially reasonable efforts to avoid causing damage to any public and private improvements,facilities and utilities whether located on public or private property.If such improvements,facilities,utilities or Curbs me damaged and such damage is due to the negligence or intentional misconduct of Contractor,Contractor shall notify the City immediately in writing of such damage.If such damage is of a type not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated by Contractor,Contractor shall either repair such damage,if practicable,or reimburse the City for the reasonable cost of repairing such damage,which cost shall be the cost of restoring such property to the condition immediately prior to such damage. 4.21.Company Name Contractor shall not use a trade name containing any words that implies Contractor is operated or owned by the City. 4.22.Coordination between City and Contractor Within a sixty (60)days time after receipt of written request of either party,the other party shall meet at the City’s offices to resolve any operational issues with Contractor’s services.Contractor shall provide the City with access to Contractor’s route and Customer service data,billing information,safety records,equipment,facilities and other applicable items,and the City shall provide Contractor with access to the City’s records applicable to the issue. Comprehensive Solid Waste Collection Agreement Page 8 Page 102 of 296 4.23.Disposal Restrictions and Requirements Except as expressly provided herein,Contractor shall not knowingly or negligently collect,transport or dispose of Hazardous Waste or Biomedical Waste,and shall have no responsibility for such waste.Contractor shall not be required to collect Hazardous Waste,Biomedical Waste or any other materials that are either restricted from disposal or would pose a danger to Contractor’s collection crews.If materials are rejected for this reason,Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options.The Customer shall remain responsible for all costs associated with handling and disposal of such materials inadvertently collected by Contractor. 4.24.Disposal Site for Solid Waste Contractor shall deliver all Solid Waste to an appropriate disposal site operated by Contractor or such other disposal site or sites that satisfy applicable state regulations. Contractor shall provide the City with a list of the disposal sites being used by Contractor. 4.25.Adjustment of Service Level for Certain Customers If Contractor in its commercially reasonable discretion determines that a Residential Customer is generating quantities or types of Solid Waste different from a typical Residential Customer,Contractor shall notify City of the same.Within thirty (30)days of Contractor’s notice,City shall determine if the Residential Customer maintains a commercial enterprise from the Residence,for example by determining if a business license has been issued declaring the business address to be same as the Residence,and should be served by a commercial Solid Waste service plan.If City determines that the customer is operating as a commercial enterprise,said Residential Customer’s service shall be revised to the appropriate commercial service most closely approximating the service required by the affected Customer,as determined by Contractor. 4.26.Violation of Ordinance Contractor shall promptly give written notice to the City of any observed violations of the City’s ordinances concerning the containerization,collection,transport and disposal of Solid Waste. 4.27.Public Information The City may develop,at its expense,public outreach and education programs concerning the reduction of Solid Waste,the recycling of Recyclable Materials,any other programs concerning Solid Waste service within the City Service Area,including the mandatory Solid Waste collection requirements for all Customers in the City Service Area.Contractor shall cooperate in good faith with the City to design and distribute promotional materials to Customers throughout the City Service Area. Comprehensive Solid Waste Collection Agreement Page 9 Page 103 of 296 4.28.Compaction of Solid Waste If any Commercial Customer should deposit into its Container a substantial amount of compacted Solid Waste,or any other Solid Waste that has been subjected to a process modifying its composition or nature resulting in the reduction of its volume because of an increase in density,Contractor may assess against such Commercial Customer an additional charge equal to the difference in compacted and uncompacted Solid Waste service rates set forth in the Rate Schedule. SOLID WASTE SERVICE 5.1.Residential Service 5.1.1.Residential Customer Solid Waste Service Contractor shall collect,transport and dispose of Solid Waste from all Residential Customers within the City Service Area,provided that the Solid Waste is properly contained in Residential Carts supplied by Contractor and set out for collection at the Curb on or abutting Public Streets or Private Roads,together with any additional Solid Waste contained in appropriate bins,bags,cans or other receptacles that could not be placed in the Residential Carts.In addition, Contractor shall collect an unlimited number of Solid Waste Units that are properly set out by a Residential Customer adjacent to its Residential Cart. Contractor’s collection of Solid Waste placed outside of the Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart.Each Unit of Solid Waste not provided in this manner for collection shall be subject to a special pickup charge as provided in the Rate Schedule.Contractor shall also dispose of passenger vehicles tires,but not truck or tractor tires,from Residential Customers.If,in Contractor’s commercially reasonable discretion,Contractor determines that a Residential Customer is disposing of passenger vehicle tires in excess of four (4)per year,Contractor may assess the affected Residential Customer a charge for tire disposal in accordance with the rate set forth in the Rate Schedule. 5.1.2.Residential Carts Contractor shall provide each Residential Customer within seven (7)business days of the Customer’s request with a 96-gallon Residential Cart,provided however,that qualifying Residential Customers may request the use of a 64- gallon Residential Cart as described in Section 5.1.3.Residential Carts shall be rodent and insect proof,and equipped with functional wheels or rollers. Contractor shall maintain all Residential Carts in good condition without any jagged edges or holes.If Contractor’s employees note any damaged hinges, holes,poorly functioning wheels or other conditions requiring repair,Contractor shall repair,at its sole cost,such condition without need of request from the Customer.Contractor shall repair the Residential Cart within seven (7)business Comprehensive Solid Waste Collection Agreement Page 10 Page 104 of 296 days of request or notice of a condition requiring repair,or provide a temporary Residential Cart as necessary.Contractor shall replace,at its sole cost,any Residential Cart that is damaged or missing on account of accident,act of nature or the elements,?re,or theft or vandalism by other members of the public within three (3)business days.Contractor may provide replacement Residential Carts that are new or used and reconditioned,provided such Residential Carts are clean and presentable.Contractor shall collect and dispose of damaged and unusable Residential Carts.I?in Contractor’s commercially reasonable discretion, Contractor has to replace or repair a damaged Residential Cart as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Residential Customer,Contractor may charge the Residential Customer a replacement fee for such Residential Cart at the rate set forth in the Rate Schedule.Residential Customers shall be responsible for the cleaning of their Residential Carts. Residential Carts placed for collection shall not weigh in excess of one hundred- twenty (120)pounds for the 64-gallon Residential Cart or one hundred-eighty (180)pounds for the 96—gallonResidential Cart. 5.1.3.Senior,Low Income Discount Contractor shall provide Solid Waste service to those Residential Customers qualifying for the senior,low income discount rate set forth in the Rate Schedule upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2, except that such qualifying Customers shall be provided with one 64—gallon Residential Cart,and such Residential Customers shall be limited only to the use of such Residential Cart for the disposal of Solid Waste.Each Unit of Solid Waste not placed within such Residential Cart for collection shall be subject to additional pickup charges at the rate set forth in the Rate Schedule.If a senior, low income Residential Customer sets out more Solid Waste than may be contained in a 64 gallon Residential Cart on two or more occasions in any calendar year,Contractor may at any time thereafter cause such Residential Customer to change to the Unlimited Residential Customer service plan at the applicable service rate set forth in the Rate Schedule. Prior to Contractor providing such discounted service,the City shall give written notice to Contractor that the senior,low income Residential Customer has certi?ed each of the following conditions to the City,and that the City has verified to the extent reasonably possible,as being true and correct: (i)The Residential Customer is a single occupant of or the head of a household all of whose members have combined armual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the “Very Low Income Limits” and updated annually by the City;and Comprehensive Solid Waste Collection Agreement Page 11 Page 105 of 296 (ii)The Residential Customer must be the customer of the solid waste service and must be directly responsible for the payment of the solid waste bill; and (iii)The Residential Customer is the fee simple owner,or the primary tenant named on the lease,of a Single Family Residence and has resided at such location for a period of not less than ninety (90)consecutive days and must intend to remain at such place;and (iv)The Residential Customer is at least sixty—two(62)years of age or older; and (V)The Residential Customer shall state on oath that the one (1)64 gallon Residential Cart shall be adequate to meet the requirements of the Residential Customer without creating a public nuisance or a public health hazard;and (vi)The City may require the person demonstrating satisfactory proof for a house hold that quali?es for the rates set forth in this section to make an updated application at any time.“Head of the household”means the person owning or having control of the dwelling unit.In the case of a husband and wife,either person shall be considered the “head of the household”;and (vii)The Residential Customer has ?led the appropriate application under oath with the City that the Residential Customer shall inform the City in writing if there is any change in the household’s status as it relates to the requirements set forth in (i)—(vii)above,and acknowledges the City may require a.n updated application at any time. The City shall,from time to time but not more than once per month,provide Contractor with a list of the Residential Customers that have satis?ed the above conditions and quali?ed for the applicable discount rate,which discount rate shall go into effect for the subject Residential Customers not later than thirty (30)days after the date of such written notice from the City. Contractor may terminate such discounted service if and when Contractor or the City has a reasonable belief that such Residential Customer no longer quali?es for such discounted service.The City upon its own volition,or within thirty (30) days of receipt of Contractor’s written notice,shall use reasonable due diligence to determine if such Residential Customer continues to qualify for such discounted service.If the qualifying Residential Customer loses such status, Contractor shall provide written notice to the Residential Customer and the service rate for Unlimited Residential Service shall be assessed for the first Solid Waste service occurring a?er the date of such written notice. Comprehensive Solid Waste Collection Agreement Page 12 Page 106 of 296 5.2. 5.1.4.Household Hazardous Waste Program Contractor shall accept Household Hazardous Waste from Customers residing in Residences within the City Service Area whose accounts with Contractor are in good standing.Contractor shall comply with all applicable State of Washington statutes and regulations including,but not necessarily limited to,Department of Ecology guidelines and permit requirements.At least once per week on a day approved by the City for a minimum of eight (8)consecutive hours,Contractor shall accept without charge Household Hazardous Waste at a facility properly licensed and approved by the City to receive such materials.Contractor may also accept,but has no obligation to do so,other hazardous waste from any other person or Customer,provided that such additional service complies with all applicable laws and contractual obligations of Contractor,and upon such terms and conditions and service rates acceptable to Contractor.Contractor shall transport and dispose of all collected Household Hazardous Waste to an appropriate disposal site.Contractor shall regularly publish brochures concerning the Household Hazardous Waste program,including the location of the facility and the hours of service. The parties hereto acknowledge that the Household Hazardous Waste program is conditioned upon and subject to the continuing effectiveness of that certain agreement by and among Contractor,the City and Franklin County,pursuant to which Franklin County has delegated to Contractor the county’s duties under Washington state law to implement and administer a Household Hazardous Waste program.Contractor shall cause the cost of such program to be included in the service rates set forth in the Rate Schedule in full compensation of such services. If and when such agreement or Contractor’s obligation thereunder has been terminated,the Household Hazardous Waste program made part of this Agreement shall also be automatically terminated.In such event,the portions of this Agreement authorizing and requiring Contractor to collect Household Hazardous Waste shall be deemed terminated without further action required of any party,and Household Hazardous Waste shall be deemed to be unacceptable waste for collection.On the next Annual Adjustment Date following the date on which Contractor is no longer required to collect such waste,Contractor shall equitably adjust its service charges for each level of Solid Waste service. Commercial Service 5.2.1.Commercial Customer Solid Waste Service Contractor shall collect Solid Waste from all Commercial Customers within the City Service Area,provided that the Solid Waste is properly contained within Containers supplied by Contractor. Comprehensive Solid Waste Collection Agreement Page 13 Page 107 of 296 5.2.2.Commercial Containers 5.2.2.1 Container Types Contractor shall provide to each Commercial Customer,and each Commercial Customer may select,the following types of Containers: 1.5-,2-,3-,4-,6-or 8-cubic yard Detachable Container;11-,20-,30-or 40-cubic yard Drop-Box Container;a 96—gallonor 64-gallon wheeled cart similar to the respective Residential Carts.Contractor may from time to time provide additional or remove existing Container service options,provided however,that Contractor shall provide at least thirty (30)days prior written notice to affected Commercial Customers with service plans for Containers that are being discontinued.Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers,which covers shall be closed by Contractor after every collection service,and may be equipped with four (4)wheels for those Containers with volumes of 4-cubic yards or less.Drop-Box Containers shall be constructed of metal,and if requested by a Customer,equipped with a tight-?tting screened or solid cover operated by a winch system. Detachable Containers up to 8-cubic yards shall not weigh in excess of one thousand two hundred (1,200)pounds,and Drop-Box Containers shall not weigh in excess of twenty thousand (20,000)pounds. Commercial carts shall not weigh in excess of one hundred twenty (120) pounds for the 64-gallon commercial cart or one hundred—eighty(180) pounds for the 96-gallon commercial cart. 5.2.2.2.General Terms and Conditions Applicable to Commercial Containers Contractor shall furnish each Commercial Customer with the appropriate Container within seven (7)business days of the Customer’s request. Contractor shall deliver and place the Container on the Customer’s property in a location determined by the Customer,provided such location is reasonably acceptable to Contractor for the safe and efficient collection thereof.Contractor shall maintain all Containers in good condition without any leaks,jagged edges or holes.If Contractor’s employees note any damage to a Container requiring repair,Contractor shall repair,at its sole cost,the damage without need of request from the Customer.Contractor shall repair the Container within seven (7) business days of request or notice of a condition requiring repair,or provide a temporary Container as necessary.Contractor shall replace,at its sole cost,any Container that is damaged or missing on account of accident,act of nature or the elements,?re,or theft or vandalism by other members of the public within there (3)business days.Contractor may provide Customers with either a new or used and reconditioned Comprehensive Solid Waste Collection Agreement Page 14 Page 108 of 296 replacement Containers,provided such Containers are clean and presentable.Contractor shall collect and dispose of damaged and unusable Containers.If,in Contractor’s commercially reasonable discretion,Contractor must replace or repair a damaged Container as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Commercial Customer,Contractor may charge the Customer a replacement fee for such Container.Not more often than once per year,Contractor shall clean without additional cost, said cost being included in the respective service plan,each Customer’s Container.In addition,Contractor shall also replace a Container within three (3)business days of request by the City if the City determines that the Container fails to comply with reasonable health and safety standards,provided however,that Contractor shall assess the Customer a cleaning fee at the rate set forth in the Rate Schedule. 5.2.2.3.Additional Fees Contractor shall not charge Commercial Customers an initial delivery fee for a Container,except in the case of temporary Container service or a Container redelivered to a Customer restarting service after having service suspended with its Container removed because of non-payment of invoices.Contractor shall charge a rollout fee in ten (10)foot increments for Containers that must be rolled by Contractor more than twenty (20)feet to reach the collection vehicle at its nearest point of access.Gate and/or disconnect charges shall be assessed as set forth in the Rate Schedule when Contractor must open,unlock,or close a gate in order to service a Container.Contractor may assess additional charges for excess materials loaded so as to lift,as applicable for such Commercial Customer,the Detachable Container lid or Drop-Box Container lid more than six (6)inches from the normally closed position. Commercial Customers may request extra collections of Detachable Containers in addition to the regular service,which additional service shall be subject to an additional charge equal to the proportional amount (e.g.one pick-up per week rate divided by 433 weeks per month)of their regular monthly rate for that service.Extra collections of Drop- Box Containers shall be provided at the regular rate set forth in the Rate Schedule. 5.2.2.4.Customer-Owned Drop-Box Containers Notwithstanding anything to the contrary in Section 5.2.2.1 above, Contractor may service compactor Drop-Box Containers owned by Commercial Customers at the special collection rates set forth in the Rate Schedule.Contractor shall have no obligation to maintain,repair or clean a compactor Drop-Box Container owned by a Commercial Customer,and shall have no liability to such Customers for damage Comprehensive Solid Waste Collection Agreement Page 15 Page 109 of 296 caused to such compactor Drop-Box Containers except in the event of gross negligence or intentional misconduct by Contractor.If,in the commercially reasonable discretion of Contractor,a Customer—owned compactor Drop-Box Container is not safe,Contractor may elect not to provide service until such compactor Drop-Box Container is made safe for usage and transport. 5.3.Temporary Solid Waste Service Plans Upon request of any Customer,Contractor shall provide on a temporary basis the Container requested by said Customer at the rate set forth in the Rate Schedule for such temporary service.The temporary service rate shall apply for all service requests that do not exceed ninety (90)consecutive days.If the Customer requires a Container for a longer period of time,Contractor may require the Customer to select the appropriate Commercial service plan set forth in the Rate Schedule for the requested Container.If the temporary service plan is in addition to a regular service plan in effect for the Customer, Contractor shall be authorized to bill the Customer for both service plans.Contractor may require the Customer to make a security deposit in advance of a temporary service plan at the rate set forth in the Rate Schedule. 5.4.Solid Waste Service to City Properties and Facilities Contractor shall provide the City with Solid Waste service from all City locations for which the City desires service pursuant to the City’s service plan set forth in the Rate Schedule.The City may modify the locations for which the City desires service by providing Contractor with ten (10)days prior written notice,in which case,Contractor shall adjust,if applicable,the fee payable by the City pursuant to the Rate Schedule Exhibit C).As part of the City’s service plan,Contractor shall also provide ,without direct cost to the City,Solid Waste service as defined in Exhibit “E”of up to 1,500 tons (Base Tonnage)of Solid Waste gathered by the City from alley clean-ups,street sweeping and sewer debris,and deposited in specially designated Drop-Box Containers supplied by Contractor.The Solid Waste service shall be increased in increments of 250 tons of Solid Waste every ?ve years based on the City’s solid waste need over the Base Tonnage.The Solid Waste service increase will be based on the following calculations: (a)Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid Waste tonnage from city owned properties with direct cost to the City,(b)if the Net Solid Waste tonnage from city owned properties with direct cost is less than 250 tons,then no change is required,and (c)if the Net Solid Waste tonnage from city owned properties with direct cost is greater than 250 tons,then an increase will be required. If the Net Solid Waste is greater than 250 tons,then the Net Solid Waste plus the Base Tonnage will equal the new Total Solid Waste service for the next five years.Based upon a change in the Total Solid Waste,the Contractor shall be able to adjust Solid Waste service rates consistent with section 6.3.7. Comprehensive Solid Waste Collection Agreement Page 16 Page 110 of 296 Contractor will send a quarterly accounting of the remaining balance of the total Solid Waste service to be provided to the City without direct cost.The accounting period for this Solid Waste service will begin on January l and end on December 31 of each contract period. 5.5.Recyclable Materials and Green Waste If,during the Term of this Agreement,the City elects to provide additional services related to Curbside recycling of Recyclable Materials and/or Green Waste from Residences consistent with revisions to and updating of the Franklin County Comprehensive Solid Waste Management Plan,the City may request that Contractor collect,transport,process and recycle Recyclable Materials from all Customers residing in Residences located within the City Service Area.Within ninety (90)days of receipt of such notice,Contractor shall provide the City with a written proposal of the service rates, planned service routes and schedules for Customers residing in Residences and,if also requested by the City,all other Customers,proposed Recycling Carts and Recycling Containers,commodities that will qualify as Recyclable Materials based on current market conditions,estimated interval to secure necessary equipment and facilities,and any other pertinent terms and conditions of such service.Contractor shall remit all proceeds from the sale of collected Recyclable Materials pursuant to the recycling program to the City.If Contractor’s proposal is acceptable to the City,the City shall give written notice (Exercise Date)to Contractor to commence providing such service within the City Service Area on the date set forth in the City’s notice that is consistent with Contractor’s proposal.Upon receipt of the City’s notice,the parties shall cooperate in good faith to develop and distribute materials and information to Customers within the City Service Area concerning the addition of the recycling and/or green service. If the City declines to require a separate Recyclable Materials and/or Green Waste service governed by this Agreement,the City shall permit,at Contractor’s written request,the Washington Utilities and Transportation Commission (“WUTC”)to assume jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans,which will be implemented and operated by Contractor. 5.6.Miscellaneous Solid Waste Services Contractor shall also provide the following special services: (i)With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed—UseBuildings and Multi—FamilyComplexes within the City Service Area,Contractor shall provide a special Solid Waste service at the rate set forth in the Rate Schedule for Units of Solid Waste that exceed the limitations set forth in the definition of “Solid Waste Units,”which service shall be provided within ?ve (5)business days of the Customer’s request. (ii)With respect to qualifying Customers,Contractor shall administer and provide Solid Waste service as provided under and pursuant to Pasco City Code Section Comprehensive Solid Waste Collection Agreement Page 17 Page 111 of 296 (iii) (iv) 5.7. 6.04.240,“Special Collection and Residential Coupon,”for so long as said program is in effect under the Pasco City Code. With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed—UseBuildings and Multi—Fa1nilyComplexes within the City Service Area,Contractor shall collect and dispose of refrigeration and cooling devices common to households,such as refrigerators and air- conditioning units,at the rates set forth in the Rate Schedule,provided however, that the Residential Customer shall either request Contractor to purge and dispose of the cooling substance as required by applicable law or provide Contractor with a certi?cate reasonably satisfactory to Contractor from a quali?ed contractor stating that the same has been completed prior to collection and disposal of such item. With respect to all Customers within the Service Area (except as otherwise provided in Section 5.1.1),Contractor shall collect,transport,and dispose of tires from passenger vehicles and trucks at the rate set forth in the Rate Schedule. Customer Service 5.7.1.Customer Service Office Contractor shall maintain a Customer service of?ce within the City Service Area with a local telephone number or toll free phone number where Contractor may be contacted by Customers during the hours of 8:00 a.m.to 5:00 p.m.Monday through Friday,except for the holidays recognized by the State of Washington. Contractor shall provide customer service functions relating to service delivery, potential service options,service rates,receiving and resolving customer complaints,dispatching temporary Containers and special collections,and resolving billing questions. 5.7.2.Complaints Contractor shall give prompt and courteous attention to all Customer complaints received by Contractor.Contractor shall promptly investigate any complaint of a missed collection,and if veri?ed,shall arrange for collection as provided in this Agreement.Contractor shall maintain a record of actions taken on all material and legitimate complaints that could not be resolved during the initial communication with the Customer,regardless of how the complaint was received, including date,time,Customer’s name and address (if the Customer is willing to give this information),method of transmittal,and nature,date and manner of resolution of the complaint in a computerized daily log.Contractor shall make a conscientious effort to resolve all complaints promptly but otherwise within one (1)business day of the original call or e-mail.The computerized daily log shall be available for inspection by the City,or its designated representatives,during Contractor’s of?ce hours,and shall be in a format reasonably acceptable to the City. Comprehensive Solid Waste Collection Agreement Page 18 Page 112 of 296 5.7.3.Emergency Contact Contractor shall provide the City with the name and Contact information in the event of an emergency requiring contact with Contractor outside of normal of?ce hours.Contractor shall cause such representative to be available at said emergency telephone number during all hours other than normal of?ce hours. 5.8.Reports In addition to any report required by law,Contractor shall maintain records of the number of loads of Solid Waste collected and transported within the City Service Area and the approximate total tonnage of Solid Waste and any other material herein authorized hauled by Contractor to Contractor’s disposal site.Contractor shall make such records available to the City upon request.Subsequent to April 15 of each calendar year,and following at least two (2)months prior written notice,Contractor shall provide to the City a pro?t/loss ?nancial statement for the preceding calendar year together with a pro-fonna ?nancial statement for the ensuing calendar year.The City shall be permitted to review but not make copies of the ?nancial statements.Upon the City’s request,Contractor shall make available the same ?nancial statements to an accounting ?rm selected by the City and reasonably acceptable to Contractor,provided,however,that the accounting ?rm provides Contractor with a commercially acceptable form of con?dentiality agreement. Contractor shall bear all reasonable costs of such accounting ?rm. COMPENSATION 6.1.Basis for Determination of Solid Waste Service Rates The parties expressly intend that the rates and charges established by this Agreement are designed to capture all legitimate operating and capital costs incurred by Contractor and to provide a fair rate of return on Contractor’s investment in providing all services included under this Agreement as may be measured by extemal methodologies such as the Washington Utilities and Transportation Commission’s “Lurito-Gallagher” ratemaking methodology,or other such standards that will enable Contractor to establish fair,just,reasonable and suf?cient overall rates in order to allow Contractor to innovate, invest and continue to provide service types and levels responsive to the City’s reasonable requirements hereunder. 6.2.Compensation for Solid Waste Services Contractor may collect from each and every Customer within the City Service Area the appropriate charge for the Solid Waste service plan selected by such Customer,together with any additional charges,fees and expenses that may be incurred or requested by such Customer,at the rates set forth in the Rate Schedule.Contractor shall act in good faith to coordinate with Customers to minimize the charges assessed to Customers. Comprehensive Solid Waste Collection Agreement Page 19 Page 113 of 296 6.3.Adjustment to Solid Waste Service Rates 6.3.1.Annual Rate Adjustment Contractor’s service charges,excluding fuel expenses,for each level of Solid Waste service shall increase once every year in an amount not to exceed eighty percent (80%)of the annual percentage increase in the Consumer Price Index — All Urban Consumers;West Region,Size B/C,standard reference base period 1982-84 =100,hereinafter referred to as the “Adjustment Index,”as determined in this section.Adjustments to Contractor’s service charges shall be made in units of one cent ($0.01).Fractions less than one cent ($0.01)shall not be considered when making adjustments. Rates shall be adjusted annually,beginning January 1,2016 (the “Adjustment Date”).Contractor shall submit to the City for review and approval a “Rate Adjustment Statement”showing the calculations of new service rates for the following year,including a calculation of the percentage change in the Adjustment Index for the most recent twelve (12)month period ending the June prior to the Adjustment Date.Contractor’s calculations shall be provided to the City annually no later than October 1“and the City shall have ninety (90)days to con?rm Contractor’s rate modi?cation calculations.Upon receipt of the City’s approval,which shall not be unreasonably withheld or delayed,the new rates shall take effect on January 15‘of the subsequent year. 6.3.2.Adjustments to Tipping Fees and Disposal Fees A tipping disposal or acceptance fee charged for Solid Waste shall be the ?nancial responsibility of Contractor,provided however,Contractor may incorporate such disposal,tipping or acceptance fees as part of the service rates set forth in the Rate Schedule.In the event of an adjustment in tipping fees or disposal fees paid by Contractor,Contractor shall adjust the tipping fee and disposal fee component of the Solid Waste service rates for each level of service to re?ect such adjustment.Contractor shall provide the City with notice of any tipping fee or disposal fee adjustment promptly upon knowledge thereof by Contractor.Contractor shall provide to the City evidence supporting the requested change in service fees as a result of an adjustment to tipping fees and disposal fees at least forty-?ve (45)days prior to date requested by Contractor for such adjustment to go into effect,which in any event shall not be earlier than the date of the adjustment to the tipping fee or disposal fee.Upon receipt of the City’s con?rmation that the calculations are correct,the new Solid Waste service rates for each level of service shall take effect on the date requested by Contractor.Contractor shall include a notice in the next invoice issued to the Customers describing the increase in the service rates pursuant to this section. Comprehensive Solid Waste Collection Agreement Page 20 Page 114 of 296 6.3.3.Fuel Expense Adjustments Contractor may also assess to all Customers a “Fuel Surcharge,”provided the surcharge is determined and used in accordance with the provisions hereinafter set forth.The Fuel Surcharge shall be implemented and charged by Contractor in the instance that the resulting calculation equals 0.5%or more as described below. The following de?nitions apply to the use and application of the Fuel Surcharge: 0 Base Fuel Expense:the proportion of approved rates attributable to gross fuel expense,hereby ?xed at 5.87%. 0 Base Fuel Price:the average cost of diesel fuel used at the time of the 2016 rate authorization,hereby ?xed at $3.79. 0 Current Fuel Price:the per gallon price for retail sales of “West Coast Number 2 Diesel Ultra-Low Sulfur”(0-15 PPM)for the most recent full month reported in the “Monthly Diesel Prices —Ultra-Low”index published by the Energy Information Administration of the US Government or the DGE index. 0 Fuel Surcharge:the product of multiplying the base fuel expense by the percentage change between the base fuel price and current fuel price [e.g. $3.79*(current price/$3.79)]. The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from the Current Fuel Price and converting the difference to a percentage of the Base Fuel Price;that percentage shall then be multiplied by the Base Fuel Expense and the resulting product shall constitute the Fuel Surcharge.Contractor shall submit to the City a Fuel Surcharge calculation worksheet by the 15th day of the month immediately preceding the months of August,October,December,February, April and June.The Fuel Surcharge shall be deemed approved and authorized unless written objection from the City to the Contractor’s mathematical calculations is received by Contractor within seven (7)days of the City’s receipt of the worksheet.In such case,the parties shall meet within ?ve (5)business days and work in good faith to resolve any alleged errors in such mathematical calculations.A Fuel Surcharge shall commence only on the ?rst of each of the calendar months named herein above,and shall continue in effect for a two-month period,after which time a new Fuel Surcharge,if applicable,shall go into effect pursuant to the provisions hereof.Contractor shall incorporate such Fuel Surcharge in the Customers’invoices in a timely manner. 6.3.4.Annual Rate Adjustment Cap The Annual Rate Adjustment Cap is met when the cumulative rate increases of 6.3.](Annual Rate Adjustment),6.3.2 (Adjustments to Tipping Fees and Disposal Fees),6.3.3 (Fuel Expense Adjustment),and 6.3.5 (Solid Waste Disposal Cost Adjustment,if applicable)meet or exceed ?ve percent (5%)as de?ned by the Consumer Price Index in the United States Department of Labor--All Urban Consumers;West Region,Size B/C,standard reference base period 1982-84 = 100 (Adjustment Index). Comprehensive Solid Waste Collection Agreement Page 21 Page 115 of 296 If the Annual Rate Adjustment Cap is met,the Contractor may either limit all rate increases (sections 6.3.1,6.3.2,6.3.3,and 6.3.5)at the Annual Rate Adjustment Cap or proceed as outlined in section 6.3.7.The Contractor will notify the City within 45 days that the Annual Rate Adjustment Cap has been reached.The Annual Rate Adjustment Cap will be reset on January 15‘of every year as per section 6.3.1. 6.3.5.Solid Waste Disposal Cost Adjustment Contractor may also adjust service rates for all levels of service based upon the change in the annual disposal cost of Solid Waste collected by Contractor (“WACOD Adjustment”).Commencing with the second full twelve month Adjustment Period after any “Exercise Date”pursuant to Section 5.5,and for each Adjustment Period thereafter (each,a “Comparison Period”),the Contractor shall determine the change in the annual disposal cost of Solid Waste collected by Contractor during such Comparison Period as compared to the first full twelve month Adjustment Period after the Exercise Date (“Base Period”).If the of Solid Waste collected for such Comparison Period has changed by more than ?ve percent (5%)from the Base Period,Contractor shall prepare a WACOD Adjustment calculation worksheet (“WACOD Adjustment Statement”)that calculates the WACOD Adjustment to the service rates pursuant to the formula set forth in Exhibit D.The WACOD Adjustment of the service rates shall be adjusted concurrently with armual adjustments to service rates pursuant to Section 6.3.1,with the first month of January two years after the Exercise Date being the ?rst potential date for an adjustment pursuant to this section.Concurrently with the Statement provided to the City pursuant to Section 6.2.1,the Contractor shall submit to the City for review and approval the WACOD Adjustment Statement calculating the adjustment to new rates for the next year,which statement shall show the calculations required in this Section.The City shall have sixty (60)days to con?rm the Contractor’s WACOD Adjustment to the service rates.Upon receipt of the City’s approval of the WACOD Adjustment Statement,which shall not be unreasonably withheld or delayed,the WACOD Adjustment to the service rates shall take effect on January 15‘of the subsequent year. 6.3.6.Tax Additive The State Refuse Collection Tax (currently at 3.6%)and any applicable City Taxes shall be added to the rates speci?ed for each class of service and may be identi?ed separately and as additive to said rate on each billing service. 6.3.7.Other Modi?cations Contractor may apply to the City for rate adjustments that result from increases in the cost of operations arising during the Term of the Agreement.Contractor shall submit a written request to adjust the rates not more than ninety (90)days and not Comprehensive Solid Waste Collection Agreement Page 22 Page 116 of 296 less than sixty (60)days prior to the proposed effective date of the requested change.The City shall promptly consider such proposed rate change with consideration of historical and industry-wide pro?t levels and rate making methodologies utilized by the Washington State Utilities and Transportation Commission. 6.3.8.Changes in Impositions or Other Laws If the City,county,state or federal authorities impose new taxes,fees or surcharges or change the rates of existing taxes,fees or surcharges after the Commencement Date,or there are other changes in federal,state or local laws or regulations,and the impact of these changes results in increased or decreased Contractor costs,Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so,to determine the amount and the method of adjustment.If the City requires review of Contractor’s financial or other proprietary information in conducting its rate review,at the request of Contractor,the City shall retain a third party to review such information at Contractor’s expense,provided however,that Contractor may require such third party to execute a commercially reasonable con?dentiality agreement.Any such additional ?nancial review costs shall be considered allowable business expenses for future rates adjustment purposes. 6.3.9.Termination by Contractor If Contractor requests a rate adjustment pursuant to this Section 6 and the City fails to consent to such request for any reason within four (4)months of the date of Contractor’s written request,Contractor may terminate this Agreement by giving written notice of termination to the City not less than four (4)months and not more than eight (8)months after the date of Contractor’s written request for such rate adjustment.This Agreement shall terminate on the date set forth in Contractor’s written notice of termination,which in no event shall be less than six (6)months from the date of Contractor’s written notice of termination. 6.4.Billing for Solid Waste Services;Delinquent Accounts Contractor shall invoice,and shall be responsible for collecting,to and from each and every Customer within the City Service Area for the Solid Waste service plan selected by the Customer.Contractor shall cause each bill to include the following information:(i) Customer name;(ii)Contractor’s Customer account information;(iii)service address; (iv)service commencement and termination dates,as applicable;(V)billing period,(vi) date of the bill;(vii)Customer’s service plan;(viii)date payment is due;(ix)date payment is delinquent;(x)charges for the Customer service plan;and (xi)additional charges,if any.Contractor shall bear the risk of collection.It is the intent of the parties that all issues relating to service and rates under this Agreement should be the responsibility of the Customer,Contractor and the City,and no third party shall have standing to request,speak or represent issues of service in the City Service Area except Comprehensive Solid Waste Collection Agreement Page 23 Page 117 of 296 for the direct Customer,Contractor or the City. Notwithstanding the foregoing,the City reserves the right as provided in Pasco City Code Section 6.04.310 to assume the obligation of billing Customers within the City Service Area for Solid Waste services provided by Contractor hereunder.If the City elects to provide such service,the City shall give Contractor six (6)months prior written notice. The parties shall negotiate in good faith the terms and conditions of the transfer of such service to the City,including without limitation,the City assuming the risk of collecting payments. 6.5.Delinquent Accounts and Other Customer Defaults Contractor shall have any and all remedies provided under Pasco Municipal Code Chapter 6.04 and,as applicable,Washington law and regulations,with respect to delinquent accounts and other defaults by Customers,including without limitation, refusing or terminating Solid Waste service,but excluding those remedies in the City’s code expressly reserved to the City.The City shall assume no responsibility for the collection of any amount due by a Customer,provided however,that the City shall cooperate in good faith with Contractor in the enforcement of Contract0r’s rights and remedies to collect any delinquent accounts or cure defaults as may be provided under Pasco Municipal Code Chapter 6.04.Contractor shall provide the City on a monthly basis a report of all service terminations during the previous month. PERFORMANCE FEES,DEFAULT AND REMEDIES 7.1.Performance Fees In the event that Contractor fails to meet any performance obligation set forth in this Agreement,the City shall give written notice to Contractor regarding such failure,in which case Contractor shall promptly take such corrective action to remedy the issue raised in the City’s written notice.In addition,City reserves the right to impose the following fines if Contractor fails to meet certain obligations as provided in this Agreement. ACTION OR OMISSION AMOUNT Collection before or after the times Fi?y Dollars ($50)per truck route (each speci?ed in this Agreement,except as truck on each route is a separate incident). expressly permitted by the City. Failure to collect missed materials within Fifty Dollars ($50)per incident to a one (1)business day after receipt of maximum of Five Hundred Dollars notice.($500)per truck per day. The performance fees schedule set forth here shall not affect the City’s ability to terminate this Agreement as provided in Section 7.2,provided however,the City acknowledges that the performance fees described in this section are an adequate remedy Comprehensive Solid Waste Collection Agreement Page 24 Page 118 of 296 for the above named defaults,and the City may not terminate this Agreement for any of the defaults described in this section unless Contractor has incurred performance fees in excess of $25,000.00 each month for at least three (3)consecutive calendar months. Contractor shall pay such performance fees within thirty (30)days of demand therefore from the City.The City shall provide Contractor with reasonably acceptable documentation supporting such performance fees together with the City’s demand therefore.Contractor may appeal any performance fees imposed under this section to the City Manager of the City of Pasco,to whom Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. 7.2.Default and Remedies If Contractor abandons or materially breaches its obligations hereunder or fails to fully and promptly comply with all of its provisions or fails to give reason satisfactory to the City for noncompliance,the City may then declare Contractor to be in default of this Agreement and notify Contractor of such default and shall provide Contractor with thirty (30)days to cure such default.If Contractor fails to cure such default in a timely marmer, the City may thereafter give notice of termination to Contractor and its surety.Upon receipt of any such notice,this Agreement shall terminate. NOTICES Any notice required or permitted to be given under this Agreement shall be in writing and may be given by personal delivery,by certi?ed mail,or by air courier,and if given personally or by mail,shall be deemed suf?ciently given if addressed to the City or to Contractor at the following address: The City:City of Pasco P.O.Box 293 525 N.Third Ave. Pasco,WA 9930 Attn:City Manager To Contractor:Basin Disposal,Inc. 2021 North Commercial Avenue P.O.Box 3850 Pasco,WA 99302-3850 Attn:Darrick Dietrich Mailed notices shall be deemed given on the ?fth (5th)business day following deposit in the United States mail,certi?ed postage prepaid.Notices delivered personally or by air courier shall be deemed given upon receipt.Either party may by written notice to the other specify a different address for notice purposes. Comprehensive Solid Waste Collection Agreement Page 25 Page 119 of 296 INSURANCE AND BOND REQUIREMENTS 9.1.General Insurance Requirement Contractor shall procure and maintain,at its sole expense,insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Agreement by Contractor,its agents, representatives,employees or subcontractors,as provided in this Section 9.Contractor’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of Contractor to the coverage provided by such insurance,or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.2.Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following requirements: (i)Automobile Liability insurance covering all owned,non-owned,hired,and leased vehicles.The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under Contractor’s Automobile Liability insurance policy with respect to the work performed for the City. (ii)Commercial General Liability insurance covering liability arising from premises, operations,independent contractors,products-completed operations,personal injury and advertising injury,and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 ll 85,or its equivalent. There shall be no endorsement or modi?cation of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage.The City shall be named as an additional insured under Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City. (iii)Workers’Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (iv)Hazardous Waste Hauling.To the Automobile Liability Minimum Scope of Insurance,Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 and the Motor Carrier Act Endorsement (MCS 90)shall be attached. 9.3.Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (i)Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. (ii)Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence,$2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Comprehensive Solid Waste Collection Agreement Page 26 Page 120 of 296 9.4.Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions in excess of $50,000 must be declared to and approved by the City,which approval shall not be unreasonably withheld.In the event the deductibles or self-insured retentions are not acceptable to the City,the City reserves the right to negotiate with Contractor for changes in coverage deductibles or self-insured retentions;or alternatively,require Contractor to provide evidence of other security guaranteeing payment of losses and related investigations,claim administration and defense expenses. 9.5.Other Insurance Provisions The insurance policies shall contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability: (i)Contractor’s insurance coverage shall be the primary insurance with respect to the City,its of?cials,employees and agents.Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be in excess of Contractor’s insurance and shall not contribute with it. (ii)Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer’s liability. (iii)Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled unless the City is given prior written notice as provided under RCW 48.18.290. 9.6.Acceptability of Insurers Contractor shall secure insurance policies from insurers with a current A.M.Best rating of not less than A:VII. 9.7.Veri?cation of Coverage Contractor shall fumish the City with original certi?cates including,but not necessarily limited to,the additional insured endorsements,evidencing the insurance policies required pursuant to this Article 9 prior to the Commencement Date. 9.8.Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certi?cates and endorsements for each subcontractor before commencement of the work.All coverages for subcontractors shall be subject to the same insurance requirements as stated herein for Contractor. 9.9.Performance Bond/Surety Contractor shall provide and maintain at all times a valid Contractor’s Performance and Comprehensive Solid Waste Collection Agreement Page 27 Page 121 of 296 10. Payment Bond or bonds,letter of credit or other similar instrument acceptable to and approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00).The bond,letter of credit or other similar instrument shall be issued for a period of not less than one year,and Contractor shall provide a new bond, letter of credit or similar instrument,and evidence satisfactory to the City of its renewability,not less than sixty (60)days prior to the expiration of the bond,letter of credit or other similar instrument then in effect.The City shall have the right to call the bond,letter of credit or other similar instrument in full in the event its renewal is not con?rmed at least ?ve (5)days before its expiration. GENERAL TERMS 10.1.Indemnification 10.1.1.Indemnify and Hold Harmless Contractor shall indemnify,hold harmless and defend the City,its elected officials,officers,employees,agents and representatives,from and against any and all claims,actions,suits,liabilities,losses,costs,expenses,and damages of any nature whatsoever,including costs and attorney’s fees in defense thereof,or injuries,sickness or death to persons,or damage to property,which is caused by or arises out of Contractor’s exercise of duties,rights and privileges granted by the Agreement,provided,however,that Contractor’s obligation to indemnify, defend and hold harmless for injuries,sickness,death or damage caused by or resulting from concurrent willful or negligent acts or actions of Contractor and the City shall apply only to the extent of Contractor’s negligence. 10.1.2.Notice to Contractor;Defense In the event an action is brought against the City for which indenmity may be sought against Contractor,the City shall promptly notify Contractor in writing. Contractor shall have the right to assume the investigation and defense,including the employment of counsel and the payment of all expenses.On demand of the City,Contractor shall at its own cost and expense defend,and provide quali?ed attorneys reasonably acceptable to the City to defend,the City,its of?cers, employees,agents and servants.The City shall fully cooperate with Contractor in its defense of the City,including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City.The City may employ separate counsel and participate in the investigation and defense,but the City shall pay the fees and costs of that counsel unless Contractor has agreed otherwise.Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this section,and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. Comprehensive Solid Waste Collection Agreement Page 28 Page 122 of 296 10.2. 10.1.3.Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless,indemnify and defend provided for herein,as they solely relate to claims against the City,its elected of?cials, officers,employees,agents and representatives,Contractor agrees to waive Contractor’s immunity under industrial insurance,Title 51 RCW,for any injury, sickness or death suffered by Contractor’s employees that is caused by or arises out of Contractor’s negligent exercise of rights or privileges granted by the Agreement. Transfer of the Contract 10.2.1.Assignments,Subcontracts and Delegations Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Agreement without the prior written approval of the City and submittal of proof of insurance coverage.When requested,approval by the City of a subcontract or assignment shall not be unreasonably withheld.In the event of an assignment,subcontracting or delegation of duties,Contractor shall remain responsible for the full and faithful performance of this Agreement and the assignee,subcontractor,or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed.The City may condition approval upon the delivery by the assignee,subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken.In addition,the assignee,subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Agreement. 10.2.2.Changes in Control If Contractor is a corporation,limited liability company or limited liability partnership,then any transfer of this Agreement by merger or consolidation,or any change in the ownership o?or power to vote,the majority or controlling interest of its outstanding voting stock,membership interest,or limited partnership interests,or in the controlling interest at any tier in the ownership structure of Contractor,or change of the manager or general partner for LLCS and LPs,respectively,shall constitute an assignment for the purpose of this section.If Contractor is a partnership,then any transfer of any partnership interest shall constitute an assignment for the purpose of this section.Any transfer of this Agreement by (i)merger or consolidation,(ii)any change in the ownership of,or power to vote,the majority or controlling interest of its outstanding voting stock, membership interest or limited partnership interest,as applicable,(iii)any entity succeeding in the business and assets of Contractor,(iv)any transfer to an entity that controls or is under common control with Contractor,or (V)any transfer to a subsidiary or af?liate shall not be considered an assignment requiring the City’s consent,provided however,that in each case described above such entity has Comprehensive Solid Waste Collection Agreement Page 29 Page 123 of 296 equal or greater ?nancial net worth than Contractor on the date of transfer,such entity remains in the control of Darrick Dietrich,the transferee assumes all obligations under this Agreement and that written noti?cation of the transfer, including a copy of the transfer documentation,is provided to the City at least ?fteen (15)days prior to the transfer.For purposes of this section,the term “control”shall mean ownership of more than 50%of the outstanding voting stock,membership interest or partnership interest. 10.3.Legal 10.3.1.Laws to Govern/Venue This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance.Venue shall be in Superior Court in the State of Washington for Franklin County. 10.3.2.Attorney Fees The Contractor agrees to pay reasonable attorney fees in the event the City is required to retain an attorney to enforce the Contractor’s obligations here under. 10.3.3.Arbitration Any disputes in the ?rst instance shall be directed to the Director of Community Development for resolution.All unresolved disputes with respect to the handling of complaints under this agreement shall be submitted to the City Manager for ?nal resolution. 10.4.Compliance With Laws Contractor shall comply with all applicable federal,state,county,and local laws,statutes, rules,regulations or ordinances,including without limitation,all health and environmental regulations and standards applying to the collection,transport and disposal of Solid Waste.Contractor shall also comply with all applicable requirements of the Federal Occupational Safety and Health Act of 1970 (OSHA),the Washington Industrial Safety and Health Act of 1973 (WISHA),and the standards and regulations issued pursuant to these statutes from time-to-time. 10.5.Non-Discrimination Contractor shall not discriminate against any employee or applicant for employment because of age,race,religion,creed,color,sex,marital status,sexual orientation,political ideology,ancestry,national origin,or the presence of any sensory,mental or physical handicap,unless based upon a bona ?de occupational quali?cation.Contractor understands and acknowledges that if it violates this non-discrimination provision and fails to cure such violation to the satisfaction of the EEOC or state agency having Comprehensive Solid Waste Collection Agreement Page 30 Page 124 of 296 jurisdiction,including without limitation,compliance with all terms and conditions set forth in a settlement agreement,this Agreement may be tenninated by the City with thirty (30)days prior written notice. 10.6.Permits and Licenses Contractor shall secure all necessary business permits and licenses necessary to provide the Solid Waste services described herein.Contractor shall duly pay all applicable taxes, fees and charges incurred,including,but not limited to,license fees and all federal,state, regional,county and local taxes and fees,including income taxes,property taxes,permit fees,operating fees,business and occupation taxes,workers’compensation and unemployment bene?ts,surcharges of any kind that apply to any and all persons, facilities,property,income,equipment,materials,supplies or activities related to Contractor’s services provided under the Agreement. 10.7.Relationship of Parties The City and Contractor expressly acknowledge that the relationship between Contractor and the City shall at all times be as an independent contractor of the City.No agent, employee,servant or representative of Contractor shall be deemed to be an employee, agent,servant or representative of the City. 10.8.Bankruptcy If (i)Contractor makes any general arrangement or assignment for the bene?t of creditors;(ii)Contractor becomes a “debtor”as de?ned in 11 U.S.C.§101 or any successor statute (unless,in the case of a petition ?led against Contractor,the same is dismissed within ninety (90)days);or (iii)the appointment of a trustee or receiver to take possession of substantially all of Contractor’s assets,where possession is not restored to Contractor within ninety (90)days,the City may terminate this Agreement upon giving Contractor written notice thereof.In the event that any provision of this section is contrary to any applicable law,such provision shall be of no force or effect. 10.9.Right to Renegotiate or Amend The City shall retain the right to renegotiate this Agreement or negotiate an amendment based on subsequent changes in and to federal,state,county or city laws,regulations or policies that materially modify the terms and conditions of this Agreement,provided however,that the City may not modify the Rate Schedule or the terms by which service rates are determined.This Agreement may be amended,altered or modi?ed only by a written amendment,alteration or modi?cation,executed by authorized representatives of the City and Contractor. Comprehensive Solid Waste Collection Agreement Page 31 Page 125 of 296 10.10.Force Majeure 10.10.1 Force Majeure Events If any Force Majeure event occurs that is not in the direct control of Contractor and which results in a detrimental effect or a material hardship to Contractor in the performance of this Agreement,Contractor may request to make an adjustments to one or more of the Solid Waste service rates or other fees included in the Rate Schedule by providing written notice to the City together with an explanation of the need for such rate adjustments arising from such Force Majeure event.Contractor shall submit such written request not more than ninety (90) days and not less than sixty (60)days prior to the proposed effective date of the requested service rate change,and the City shall promptly consider such proposed rate change.If the City requires review of Contractor’s ?nancial or other proprietary information in conducting its rate review,at the request of Contractor, the City shall retain a third party to review such information at Contractor’s expense,provided however,that Contractor may require such third party to execute a commercially reasonable con?dentiality agreement.Any such additional ?nancial review costs shall be considered allowable business expenses for future rates adjustment purposes. 10.10.2 Force Majeure Occurrences of Non—Default Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor’s performance is prevented or delayed by acts of terrorism,acts of God including landslides,lightning,forest fires,storms,?oods,freezing and earthquakes,civil disturbances,wars, blockades,public riots,explosions,unavailability of required materials or disposal restrictions,governmental restraint or other causes,whether of the kind enumerated or otherwise,that are not reasonably within the control of Contractor (“Force Majeure”).If as a result of a Force Majeure event,Contractor is unable wholly or partially to meet its obligations under this Agreement,Contractor shall promptly give the City written notice of the Force Majeure event,describing it in reasonable detail.Contractor’s obligations under this Agreement shall be suspended,but only with respect to the particular component of obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 10.1 1.Illegal Provisions/Severability If any provision of this Agreement shall be declared illegal,void,or unenforceable,the other provisions shall not be affected,but shall remain in full force and effect. 10.12.Waiver No waiver of any right or obligation of either party hereto shall be effective unless in Comprehensive Solid Waste Collection Agreement Page 32 Page 126 of 296 writing,specifying such waiver,and executed by the party against whom such waiver is sought to be enforced.A waiver by either party of any of its rights under this Agreement on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 10.13.Entirety This Agreement and the exhibits attached hereto represent the entire agreement of the City and Contractor with respect to the services to be provided under this Agreement.No prior written or oral statement or proposal shall alter any term or provision of this Agreement except as provided herein. WITNESS THE EXECUTION HEREOF on the day and year ?rst herein above written. BA DISPOSAL,INC.CITY OF PASCO %%4e%” Darrick Dietrich,President Matt Watkins,Mayor Ai?mwg? ebbie Clark,City Clerk Comprehensive Solid Waste Collection Agreement Page 33 Page 127 of 296 Exhibit A De?nitions Agricultural Processed Waste:“Agricultural Processed Waste”means any waste which consists exclusively of the remainder and residue of processed fruit or vegetables. Base Tonnage:“Base Tonnage”means the original 1,500 tons of solid waste services transported and removed by the Contractor to the City without any direct cost. Biomedical Waste:“Biomedical Waste”has the same meaning set forth in WAC 480-70-O41. Bulky Materials:“Bulky Materials”means bags,boxes,or bundles,or empty carriers,cartons, boxes,crates,etc.,or materials offered for disposal,all of which may be readily handled without shoveling (not loose,uncontained materials).Individual items shall not exceed two feet by two feet by ?ve feet (2’x 2’x 5’)in dimension,and not weight more than 65 pounds. Charge:“Charge”means a set ?at fee for performing a service.Or,the result of multiplying a rate for a unit times the number of units transported. City:“City”means the City of Pasco,Franklin County,Washington. City Service Area:“City Service Area”means the current corporate limits of the City, excluding only those areas for which a different Solid Waste collection company is providing Solid Waste service pursuant to a pre-existing franchise or permit. Commercial Customer:“Commercial Customer”means all non—Residential Customers, including but not limited businesses,institutions,governmental agencies,and all other users, including occupants of Residences,Mobile Home Parks,Multi-Family Complexes and Mixed- Use Buildings,of commercial-type Solid Waste collection services. Compactor Disconnect/Reconnect Charge:“Compactor Disconnect/Reconnect Charge”means a ?at fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped,and then reconnecting the compactor when the drop box or container is returned to the customer’s site. Container:“Container”means any Detachable Container,Drop-Box Container,or wheeled cart owned and provided by Contractor. Contractor:“Contractor”means Basin Disposal,Inc. Curb or Curbside:“Curb"or “Curbside”means a location on a Residential Customer’s property within ?ve (5)feet of a Public Street or Private Road without blocking sidewalks, driveways or on-street parking. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 1 Page 128 of 296 Customer:“Customer”means all entities or persons required to utilize Solid Waste services within the City Service Area,including property owners,property managers and tenants,or as otherwise defined in Pasco Municipal Code Chap.6.04. Detachable Container:“Detachable Container”means a watertight metal or plastic Container equipped with a tight-?tting cover,capable of being mechanically unloaded into a collection vehicle,and that is not less than one and a half (1.5)cubic yards or greater than eight (8)cubic yards in capacity. Drop-Box Container:“Drop-Box Container”means an all-metal Container with ten (10)cubic yards or more capacity that is loaded onto a specialized collection vehicle,transported to a disposal or recycling site,emptied and transported back to the Customer’s site. Exercise Date:“Exercise Date”means the date that the City counter signed the Contractor’s proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste)of this contract. Gate Charge:“Gate Charge”means a ?at fee charged for opening,unlocking,or closing gates in order to pick up solid waste. Garbage:“Garbage”means all putrescible Solid Waste. Hazardous Waste:“Hazardous Waste”means any substance that is: A.De?ned as hazardous by 40 C.F.R.Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”)of 1976,42 U.S.C.§6901 et seq.,as amended by the Hazardous and Solid Waste Amendments (“HSWA”)of 1984;the Toxic Substances Control Act,15 U.S.C.§2601 et seq.;or any other federal statute or regulation governing the treatment,storage,handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B.De?ned as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act,Chapter 70.105 RCW,or any other Washington State statute or regulation governing the treatment,storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. C.Hazardous Waste shall not include any materials de?ned as Household Hazardous Waste. Household Hazardous Waste:“Household Hazardous Waste”has the same meaning set forth in RCW 70.102.010(2),together with any applicable regulations promulgated by the Washington Department of Ecology pursuant thereto. Loose Material:“Loose Material”means material not set out in bags or containers,including materials that must be shoveled. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 2 Page 129 of 296 Mixed Paper:“Mixed Paper”means magazines,junk mail,phone books,bond or ledger grade paper,cardboard,paperboard packaging,paper cups and other ?ber-based materials meeting industry standards,but excluding tissue paper,paper towels,food-contaminated paper or paper packaging combined with plastic,win;and foil. Mixed-Use Building:“Mixed-Use Building”means a structure inhabited by both Residential and Commercial Customers. Mobile Home Park:“Mobile Home Park”shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot.Mobile Home Parks shall be billed collectively for collection service. Multi-Family Complex:“Multi-Family Complex”means a multiple-unit Residence with three or more attached units and billed collectively for collection service. Packer:“Packer”means a device or vehicle specially designed to pack loose materials. Pass Through Fees:“Pass Through Fees”means a fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Permanent Service:“Permanent Service”means Container and drop-box service provided at the customer’s request for more than 90 days. Private Road:“Private Road”means a privately owned and maintained right of way or access easement that allows for access by a service vehicle and that serves multiple Residences. Public Street:“Public Street”means a public right-of-way or easement maintained by the City, County or the State and used for travel by the public. Rate:“Rate”means a price per unit or per service.A rate is multiplied times the number of units or services. Recyclable Materials:“Recyclable Materials”means materials consisting of aluminum cans and foil;corrugated cardboard;tin cans;recyclable plastic containers that did not contain Biomedical Waste,Hazardous Waste or Household Hazardous Waste;Mixed Paper;newspaper; and such other materials that the City and Contractor may detemiine from time to time to be recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid waste plans of the City,if any. Residence/Residential:“Residence”or “Residential”mean a living space,with a kitchen, individually rented,leased or owned. Residential Cart:“Residential Cart”means a 64-or 96-gallon wheeled cart suitable for deposit, storage and collection of Solid Waste. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 3 Page 130 of 296 Residential Customer:“Residential Customer”means all Customers residing in a Single- Family Residences. Service Accord:“Service Accord”means limited services that the Contractor agrees to provide to The City as described in Exhibit “E” Single-Family Residence:“Single-Family Residence”means all one-unit houses,each living unit of a duplex if billed individually,and mobile homes that are billed for collection service individually and located on a Public Street or Private Road,and not part of a Mobile Home Park. Solid Waste:“Solid Waste”shall have the same meaning set forth in RCW 70.95.030,but shall not include Biomedical Waste,Hazardous Waste or Household Hazardous Waste.If and when the City permits a separate collection service for Recyclable Materials and Green Waste at City’s request or under the jurisdiction of the WUTC,Recyclable Materials and Green Waste shall be deemed to be separate categories of Solid Waste where expressly provided in this Agreement. Special Pickup:“Special Pickup”means a pick-up requested by the customer at a time other than the regularly scheduled pick-up time,that requires the special dispatch of a truck.If a special dispatch is required,the company will assess time rates established in the Contractor’s Exhibit. Solid Waste Unit:“Solid Waste Unit”means a receptacle made of durable,corrosion—resistant, nonabsorbent material that is watertight,and has a close-?tting cover and two handles,or is a bag,box,or bundle that contains Solid Waste.A Solid Waste Unit can hold no more than thirty- two gallons or four cubic feet of Solid Waste,and weigh no more than 65 pounds when ?lled.In addition,a Solid Waste Unit shall not exceed two feet by two feet by five feet (2’x 2’x 5’)in dimension. Unlocking:“Unlocking”means a ?at fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. WUTC:“WUTC”means the Washington Utilities and Transportation Commission. Comprehensive Solid Waste Collection Agreement,Exhibit A Page 4 Page 131 of 296 Exhibit B City Service Area n 3 C E 33 City of Pasco City Limits 2015 Comprehensive Solid Waste Collection Agreement,Exhibit B Page 1 Page 132 of 296 30-Oet-l5 Index Index Item 5 Item 40 Item 45 Item 50 Item 51 Item 53 Item 70 Item 80 Item 100 Item 100 Item 150 Item 160 Item 200 Item 205 Item 207 Item 21 0 Item 230 Item 240 Item 240 Item 255 Item 260 Item 270 Exhibit C Rate Schedule Page Index of Items Index by Item Index by Topic Application of Rates -Taxes Material Requiring Special Equipment,Precautions,or Disposal Material Requiring Special Testing and/or Analysis Retumed Check Charges Restart Fees New Customer Prepayrnents Return Trips Carryout Service Residential Can/Unit Service,Curbside Recycling,Greenwaate Service Residential Can/Unit Service,CurbsideRecycling,Greenwaste Service Loose and/or Bulky Material Time Rates Application of Detachable Container and/or Drop Box Rates -General Roll—OutCharges -Residential Carts and Detachable Containers Excess Weight -Rejection of Load,Overweight Charges to Transport Washing and Sanitizing Residential Cans,Detachable Containers and Drop Boxes Disposal Fees Container Service -Non-compacted Cart Container Service -Non-compactedContainer Container Service -Compacted -Customer-owned Container Drop Box Sen/ice -Non-Compacted -Company—OwnedDrop Box Drop Box Service -Compactcd -Company-Owned Drop Box Comprehensive Solid Waste Collection Agreement,Exhibit C Page 1 assess;::ms:sww«mmm»m»w~Lg Page 133 of 296 30-Oct-1 5 Page 3 Index of Topic Item No ?g; Index by Item ...2 Index by Topic 3 Bulky Material 1 50 11 Carryout service‘80 8 Detachable Container service,compacm 255 21 Detachable Container service,non-compacted,240 18 Detachyable Containers and/or Drop Boxes,availability 200 13 Detachable Containers and/or Drop Boxes,general rules 200 13 Detachable Containers and/or Drop Boxes.washing and sanili?ng 210 16 Prepayrnents.53 6 Disposalfees.230 17 Drop-box service,Cornpacted,270 23 Drop-Box service,Non-Compacled,.,.,260 22 Excess Weight -Rejection of Load,Overweight Charges to Transport..207 15 Residential Service .100 9 Restart Fees.5|5 Return Trips 70 7 Roll-out charges...205 14 Time mtes..160 l2 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 2 Page 134 of 296 30-Oct-15 Page 4 Item 5 Item 5 --Agglication of Rates —Taxes Entity imposing:-ax:Description Amount of tax:Amalication(Commodities) Cityof Pasco Pasco Utili?Tax 8.50%AgulicalaleCustomers -Revenue State of Washggton WA Solid Waste Tax 3.60%Applicable Customers -Revenue Note 1:The rates defined within this Exhibit C include the Pasco Utility Tax of 8.5%. Note 2:The Washington State Solid Waste Tax will be applied as a line item to the rates as de?ned within this Exhibit C. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 3 Page 135 of 296 30-Oct-15 Items 40,45,50 Item 40 ~—Material Reguiring Sp_eciaI Quipment,Precautions,or Dismsal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in Item 160,or to other speci?c rates contained in this appendix. Contractor will make every effort to be aware of the commodities that require special handling at the disposal sites,The Contractor shall maintaina list of those commoditiesand make it available for public inspection at the Contractors office Item 45 -4 Material Reguiring Sgcial Testing and/or Analysis When the Contractor or disposal facility determinesthat testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present,the actual cost for such testing and/or analysis will be paid by the customer.At the Contractors election,they may help provide the customer with testing and/or analysis of the dangerous or prohibited substance.If the Contractor elects to help with the testing and analysis,these costs will be passed through In the customer Item 50 --Returned Check Charges Returned Check Charge.Ifa customer pays with a check,and the customer's bank refuses to honor that check,the customer will be assessed a Return Check Charge in the amount of §”§§.0D. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 4 Page 136 of 296 30-Oct-15 Page Items 51 and 53 Item 51 --Restart Charge A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services. Restart Charges are as follows: A Restart Charge of ?3.40 will be assessed to Residential Cart customers whose service is discontinued for non-payment.Please see Item 100. A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is discontinued for nun-payment.Please see Item 240. A Restart Charge of §43.40 will be assessed to Drop Box customers whose service is discontinued for non-payment.Please see Item 260. Item 53 --Prepaments for Residential,Commercial,Drop Box and Temporag Customers A Prepayment of $5.00 will be assessed to all first time (new)Residential Customers. The prepayment will be applied to the customer's account in the event of non-payment,after one year of service,or be returned to the customer upon tamitiation of the residential service.Please see Item 100. A Prepayment is equal to the first month‘:cost of service,and will be assessed to all first time (new)Commercial Customers.The prepayment will be appliedto the customer's account in the event of non-payment,after one year of service,or be returned to the customer upon termination of the commercial service.Please see Item 240 &255. A Prepayment of_$250.00 will be assessed to first time (new)Drop Box Customers. The prepayment will be applied to the customer's account in the event of non-payment,a?er one year of service,or be returned to the customer upon terrninatiori of the Drop Box service.Please see Item 260 &270. A Prepayment will be assessed for each given Temporary Service,and will be assessed at the time the customer signs up for the Temporary Service.The Prepayment will be appliedto the customer's account upon termination of the Temporary Service.Please see Items 240 &260 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 5 Page 137 of 296 30-Oct-1 5 Page 7 Item 70 --Return Trigs When the Contractor is required to make a Return Trip,that does not require the special dispatchof a truck,to pick up material that was unavailable for collection for reasons under the control of the customer,the following additional charges,per pickup,will apply: Tvg ut‘Container Return Trig Charge Residential Cart (Senior only),64 gallons ...........r,3 11.00 Residential Cart,96 gallons .............$11.00 Detachable Container (Container).............S 21.85 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 6 Page 138 of 296 30-Oct-15 Page 8 Item 80 Item 80 -—Carrv—OutService Contractor will assess the following additional charges when customers request that Contractor personnel provide Carry-Out Service of Residential Cans/Units not placed at the curb,the alley,or other point where the Contractor's vehicle can be driven to within ?ve feet of the Residential Cans/Units using improved access roads commonly available for public use.Driveways are not considered improvedaccess roads commonlyavailable for publicuse. Cara-Out Charge Commercial Rates Per Unig Per Pickup 64 or 96 gallon Cart 5 3.25 that must be carried auxaver 5 feet,but not over 25 jeet. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 7 Page 139 of 296 30-Oct-15 Page 9 Item 100 Item 100 --Residential Service —-Monthy Rates gcontinued on next gage! Rates below apply in the followingservice area'City of Pasco Number of Frequency Garbage Recycle Greenwaste Units or Type 411‘Service Service Service of Residential Carts Service gg ,R_2_te Q (1)64 gallon Residential Qrt (Senior/Low Income Only)WG $9.22 #N/A #N/A (1)96 gallon Residential Cart WG 3 18.45 #N/A #N/A (1)MulLiFamily/Duplex 96 gallon ResidentialCart WG $18.45 #N/A #N/A Each Additional96 gallon ResidendalCan WG $1.90 #N/A #N/A Frequency of Service Codes:WG=Week1yGarbage;NA=Service is not available at this time Comprehensive Solid Waste Collection Agreement,Exhibit C Page 8 Page 140 of 296 30-Oct-15 Note l: Note 2: Note 3: Note 4: Note 5: Note 6: Note 7: Note 8: Page 10 Tue of service Q Prepayment Charge $35.00 Restart Charge $43.40 Return Trip Charge as 1 1.00 Carry Out Service-up to 25 feet $3.25 Replacement Cart Charge S 8500 Return Check Charge $35.00 Freon DischargeCharge {/417171iances)$35.00 Passenger Tire Charge $5.00 Truck Tire Charge $10.00 A Prepayment Charge ofwill be assessed to a first time (new)Residential Oistomers. The prepayrrlem will be applied to the customers account in the event of noirpayrnent,after one year of service.or be retumed nothe cusmmerupon Lenmnationof the residentialservice,Please see Item 53. A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services.Please see Item 51 . If the customer requests the Contractor to make a Return Trip Charge due to no fault of Contractor,Contractor shall be permitted to charge the Customer a Return Trip Charge Please see Item 70 Contractor will assess additional charges (Item 80)when customers request that Contractor personnel provide Carr_v—O|ItService of Residential Cans/Units not placed at the curb,the alley,or other point where the company:vehicle can be drivm to within five feet of the Residential Cans/Units using improved access roads commonly available for public use Driveways are not considered improved access roads commorilvavailable for nublic use. Ifany customer who destroys a Cart,does not return the Cartupon tennination,or service is shut off for non-payment and they refuse to surrender the Cart a Replacement cm Charge will be charged If a customer pays with a check,and the customers bank refuses to honor that check,the customer will be assessed a Return Check Charge. If a customer requests Contractor to pick up any appliance that comains Freon the customer will be charged a From:Discharge Charge. If a customer disposes of more than 4 passenger car tires,with or without rims,the Contractor will charge an additional Passenger or Truck Tire Charge. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 9 Page 141 of 296 30-Oct-15 Page 11 Item 150 Item 150 --Units,Bully Material &Aggliauceg,Furniture Minimum Charge Rate Per PlCl(l.I2 Solid Waste Umt $3.80 per unit N/A Bulky Materials S 14.15 per L-ubicyard S 1415 Appliances,Fumimre Items 3 14.15 perilem $14.15 Freon Discharge Charge 3 35.00 per item N/A Note 1:"Solid Waste Units"and "Bulky Materials"charges only apply when items are not properly containedfor collectnm as defined in section 5.1.1 of die contract Please see below refexenced Notes 2 and 3 for definition of sizes and containment of solid waste and bulky items. Note 2:"Bulky Materials"means begs,boxes,or bundles;or empty can-lets,cartons,crates ormatexials offered for disposal all of which may be readily handledwithout shoveling (not loose,uncontained materials)Individualitems shallnot exceed two feet by two feet by five feet (2'X 2’X 5')in dimension, and not weigh more than 55 pounds. Note 3."Solid Waste Unit"is defined in the Comprehensive Solid Waste Agreement,but generally means any mdividualreceptacle,can,plastic bag,cart,box,carton,or othez container that does not hold more than 32 gallons or 4 cu R of solid waste.and which does not weight more than 55 pounds when filled. Note 4:Appliances will be charged at the per item rate noted above.Lfthe Appliance has Freon, the Freon Disclmrge Charge will also be applied Comprehensive Solid Waste Collection Agreement,Exhibit C Page 10 Page 142 of 296 30-Oct-15 Page 12 Item 160 Item 160 --Time Rates When time rates apply.Time Rates named in this Item apply: (a)When material must be taken to a special site for disposal; (b)When the Contractor's equipment must wait at or return to,a customer's site to provide scheduled service due to no disability,fault,or negligence on the part of the company.Actual waiting time or time taken in retuming to the site will be charged for;or (c)When a customer orders a single,special,or emergency pickup,or when other items in this tari?‘ refer to this Item. How rates are recorded and charged.Time must be recorded and charged for to the nearest increment of 15 minutes.Time rates apply for the period from the time the Contractors vehicle leaves the terminal,until it returns to the terminal,or when it leaves its prescheduled route and drives towards the Customer's site, excluding interruptions.An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer.Examples include:work breaks,breakdown of equipment, and similar occurrences. Disposal fees in addition to time rates.Item 230 Disposal Fees for the disposal site or facility used will apply in addition to time rates. Rate Per Hour Each Extra Minimum T e of ui merit ordered Truck and Driver Person Charge Single rear drive axle:$60.00 $40.00 S 4000 Tandem rear drive axle:$95.00 $47.50 S 47.50 Comprehensive Solid Waste Collection Agreement,Exhibit C Page 11 Page 143 of 296 30-Oct-15 Page 13 Item 200 Item 200 ~-Detachable Containers and/or Drop Boxes --General Rules Availability.Contractor must maintain a supply of all sizes of Containers and Drop Boxes for which rates are listed in this Appendix.Ifa customer requests a Container or Drop Box of a size listed in the Contractor's Appendix,and the Contractor is unable to provide the requested size within 7 days of the customer request,the customer must be noti?ed in writing or by telephone. Alternate-sized Containers and/or Drop Boxes.Ifthe Contractor cannot provide the requested- sized Container or Drop Box (and that size is listed in this exhibit),the Contractor must provide altemate-sized Containers or Drop Boxes,sufficient to meet the capacity originallyrequested by the customer,at the same rates as would have applied for the requested Container or Drop Box. Disposal fees due on alternatevsized Drop Boxes.Ifthc Contractor provides altemate-sized Drop Boxes,the customer is responsible for all applicable disposal fees resulting from t.heuse of the alternate Drop Boxes Rates on partially-filled Containers and/or Drop Boxes.Full pickup and rental rates apply regardless of the amount of waste material in the Container or Drop Box at pickup time. Rates for compacted materials.Rates for compacted material apply only when the material has been compacted before its pickup by the Contractor (See Section 4.25 of Contract). Rates for loose material.Loose material dumped into the Contractor's packer truck is subject to the rates for nomcompacted material even though the material may be compacted later in the packer truck Permanent and Temporary Service.The following rules apply: (a)lfa customer requests a Container or Drop Box for less than 90 days,the customer will be billed at Temporary Service rates. (b)lfa Temporary Service customer notifies the Contractor that it has decided to retain the Container or Drop Box for more than 90 days,Permanent Service rates Wlll be assessed from the 91st day until the end of the period the customer retains the Container or Drop Box (0)Ifa customer requests a Container or Drop Box for more than 90 days,the customer will be billed under permanent rates.lfthat customer cancels service before the end of the 90-day period, the company may not rebill the customer at Temporary Service rates.The intent of the customer at the time service was requested applies. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 12 Page 144 of 296 30-Oct-15 Page Item 205 Item 205 --Roll-Out Charge,and Gate Charge Charges for Carts and Containers The Contractor will assess Roll-Out Charges where,due to circumstances outside ofthe control of the driver,the driver is required to move the Cart or Container more than ?ve (5)feet,but less than twenty-?ve (25)feet in order to reach the truck. The charge for this Roll-Out Charge is: $.25 per Cart or Container,per pickup The Contractor will assess a Gate Charge where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container. The charge for this Gate Charge is: $325 per pickup Comprehensive Solid Waste Collection Agreement,Exhibit C Page 13 14 Page 145 of 296 30-Oct-15 Page 15 Item 207 Item 207 ~Excess Weight -—Rejection 0!‘Load,Charges in Transport The Contractor reserves the right to reject pickup of any DetachableContainer,stationary packer,or Drop Box which, upon reasonable inspection: (1)Appears to be overloaded (2)Would cause applicable vehicle load Limitatiomto be exceeded; (3)Would cause the company to violateload limitationsor result in unsafe vehicle operation; (4)Would negatively impact or otherwise damage road surface integrity;and/or (5)Contains anything that appears not to be MSW or could do damage to the vehicle. For the purposes of this Appendix the followingmaximumweighis apply Typelsize of Maximum Weight Container,Drop Box,Allowance per or Cart Becegcle [in pounds} Carts -64 Gallon 120 lbs Carts -95 Gallon 180 lbs Detachable Containers —l to 8 cu yds 1,20)lbs Drup Boxes -All Sizes 20,000 lbs Over?lled or overweight,charges if transported.If the Container,Drop Box,or Cart exceedsthe limis stated above,is ?lled beyond the marked ?ll line,or the top is unable to be closed,but the Coriu-actortransports the materials,the following additionalcharges will apply TypeISize of Container,Drop Box, gr Cart Chage Carts -All Sizes §i00 Per Pickup Detachable Container ~1 to 8 cu yds §14.1S Per Yard Drop Boxes —All Sizes 514.15 Per Yard Cumpacted material $8.30 Per Yard Comprehensive Solid Waste Collection Agreement,Exhibit C Page 14 Page 146 of 296 30—Oct-15 Page Item 2 l 0 ts 210 --Waslzi and ni i eiachable Containers and]r Boxes Upon customer request,the Corlmacmr will provide washing and sarlitizing serviceat the following rates: Size or Type of Container or DronBox E Steam Cleaning -Delachable Col-nainer 3 40.50 Steam Cleaning -Drop Box $100.50 Note 1:The rate for washing and sanitizing Detachable Containers and Drop Boxes includes the fee for delivering the newly cleaned Detachable Container or Drop Box back to the custolnefs location Comprehensive Solid Waste Collection Agreement,Exhibit C Page 15 16 Page 147 of 296 30-Oct-15 Page Item 230 Item 230 ~-Disposal Fem Charges in this item apply when other items in this Appendix speci?cally refer to this item. Type of Material Fee for Disposal MSW $44.31 Green Waste #N/A Commingled Recycle #N/A Note 1:The DisposalFee includes the Pasco Utility Tax of 8.5% Comprehensive Solid Waste Collection Agreement,Exhibit C Page 16 Page 148 of 296 30-Oct-15 Page Item 240 Item 240 —-Commercial Cart Service —~Dumped in Cnmpany‘s Vehicle Nomcompacled Material Rates stated per Commercial Cart per month Service Area:City of Pasco Size or Type ol'Container Permanent Service 64 Gal Cart 96 Gal Curl Pickup .One Time per Week $21.70 $40.15 Pickup -Two Times per Week 3 43.40 $30.30 Special Pickups 3 16.00 $2027 Additional Pickup $5 00 $9.27 Return Trip Charge $11.00 $11.00 Restart Charge $43 40 $43 40 Temporag Service Delivery $11.00 $11.00 Pickup Rate 3 7.00 $12.97 Rent Per Calendar Day $5.50 $5.50 Prepayment 3 35.00 $35 00 Note]:Permanent Service:Service is de?ned as no less than scheduled,every week pickup, Customer will be charged for service requested,even if fewer containers are serviced on a particular trip.No credit will be given for partially-filled containers. Note 2'Permanent Service‘A Prepayment of $35.00 will be assessed to all first time (new)Commercial Customers.The Prepayment will be applied to the customers account in the event ofnon-payment,a?er one year of service,or be returned to the customer upon termination of the commercial service. Note 3:Special Pickup is the Bach Addt‘l Pickup rate plus Item 70 Return Trip -Carts. Note 4:Restart subject to Item 51 —Restart Charges Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial Charges gllds,unlocking,unlalcliing,etc.) Note 5: Note 7' A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container. A Return '1‘rip Charge of?li will be assessed when the company driver is required to make a return trip,that does not require the special dispatch of a truck,to pick up a Can or material that was unavailable for collection for reasons under the control of the customer. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 17 18 Page 149 of 296 30-Oct-l 5 Page 19 Item 240 Item 240 ——Detachable Container Service -~Dumped in Company's Vehicle (continuedi Non-compacted Material Rates stated per Detachable Container,per month Service Area:City of Pasco Size or Type of Container Permanent Service 15 Yard 2 Yar 3 Yard 4 Yard 6 are!8 Yard Pickup -One Time per Week S 110.00 S 130 00 S 150 00 $185.00 $235.00 $300 00 Pickup -Two Times per Week 5 212.00 $250 00 3 290.00 $365.00 Si 465.00 $585.00 Pickup -Three Times per Week 3 320.00 S 375.00 3 435.00 $540.00 S 69000 $880.00 Pickup »Four Times per Week 3 425.00 S 495.00 $570.00 S 705.00 $910.00 5 1,150 00 Pickup -Five Times per Week $520.00 S 610.00 $705.00 $870.00 $1,140.00 $1,425.00 Special Pickups $47.24 S 51.85 $56.47 $64.55 $76.08 $9109 Additional Piclcup S 25 39 $30.00 S 34.62 $42.70 $54.23 $69.24 Retum Trip Charge $21.85 $21.85 $21.85 $21.85 3 21.85 $21.85 Restart Charge $43.40 S 43 40 $43.40 5 43.40 $43.40 $43.40 Temporary Service 1 Delivery #N/A #N/A S 21.85 3 21.85 $21 85 $21.85 Pickup Rat/e #N/A #N/A $55.25 $65.25 $80.25 S 100.25 Rent Per Calendar Day #N/A #N/A $5.50 $5.50 S 5.50 $5.50 Prepayment #N/A #N/A 35125.00 5 125.00 S 125.00 $125.00 Notel:Permanent Service:Service is defined as no less than scheduled,every week pickup. Customer will be charged for service requested,even if fewer containers are serviced on a particular trip.No credit will be given for partia1ly»fi1led containers. Note 2:Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip -Container Note 3:Restart subject to Item 51 -Restart Charges Note 4:Permanent Service:A Prepayment is equal to the first month's cost of service,and will be assessed to all first time (new)Commercial Customers.The prepayment will be applied to the customer's account in the event of non-payment,after one year of service, or be returned to the customer upon tenninationof the Commercial Service Please see Items 240 and 255. Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 18 Page 150 of 296 30-Oct-l 5 Page 20 Item 240 Accessorial Charges [lids unlocking,unlatching,elc.)_ Note 6.A Gate Charge of $3.25 willbe assessed on each pickup where the driver is required to unlock a container,lockingbar,enclosure or open a gate in order to access a Caxtor Container, Note 7:A Return Trip Charge of SLSS will be assessed when the company driver is required to make a return trip,that does not require the special dispatch of a truck,to pick up 3 Container or materialthat was unavailable for collectionfor reasons under the control of the customer. Note 8:If customer requires a Loeking Container,21 one time fee of $95.00 will be assessed. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 19 Page 151 of 296 30-Oct-15 Page 21 Item 255 Item 255 ~-Detachable Container Service ~Dumgd in CommnfsVehicle Compacted Material Rates stated per Detachable Container,per onth Service Area:City of Pasco Size or Type of Container Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard Pickup —One Time per Week S 170.35 $205.35 $250.35 S 325.35 Pickup -Two Times per Week $340.70 $410 70 3 500.70 $650.70 Special Pickups S 61.19 8 69.27 S 79.67 3 9699 Additional Pickup $39 34 S 47.42 $57.82 $75.14 Return Trip Charge $21.85 $21.85 $21.85 39 21.85 Restart Charge $43 40 $43.40 3 43.40 5 43.40 Note 1:Permanent Service:Service is defined as no lessthan scheduled,every week pickup. Customer will be charged for service requested,even if fewer containersare serviced on a particular trip.No credit will be given for partially-?lled containers. Note 2:Special Pickup is the Each Addrl Pickup rate plus Item 70 Return Trip -Container, Note 3'Restart subject to Item 51 ~Restart Charge. Note 4:Permanent Service:A Prepayment is equal to the first months cost of service,and will be assessed to all first time (new)Commercial Customers.The prepayment will be applied to the customer's account in die event ofnon-payment,after one year of service, or be returned to the customer upon termination of the Commercial Service Please see Items 240 and 255. Atcessurialcharges assessed(‘Q,gnlocldng,uglatching,etc] Note 5:A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container. Note 6:A Return Trip Charge of $11.85 will be assessed when the company driver is required to make a return trip,that does not require the special dispatch of a truck,to pick up a Cart or Container or material that was unavailable for collection for reasons under the control nf the nictnmar Note 7 A Disconnectflieeonneet Fee of $3.25 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Comprehensive Solid Waste Collection Agreement,Exhibit C Page 20 Page 152 of 296 30-Oct-15 Page 22 Item 260 Item 260 mp Box Service —»To Disposal Site and Return N on-Com patted Material Rates stated per Drop Box,per pickup Service Area.City of Pasco Permanent Service Delivery Charge Haul Charge Trip Charge Iv?nimumMonthly Charge Prepayment Restart Charge Size or Type of Container ll Yard/15 Yard 20 Yard 30 Yard 40 Yard 50 Yard 55.00 55.00 3 55.00 $55.00 S 5500 140.00 145.00 $150.00 $160.00 $170.00 55.00 55.00 $55.00 $55.00 3 55.00 140.00 145.00 $150.00 $160.00 $17000 3000 250.00 $250.00 S 250.00 $250.00 43.40 43.40 $43.40 S 43.40 $43.40 esaaeameneeesaaeaeeeam Temporary Service Delivery Charge Haul Charge Trip Charge Daily Rental Charge Prepayment Note 1: Note 2: Note 3. Note 4: Note 5. Note 6: 55.00 140.25 55.00 7.50 50.00 55.00 S 55.00 $55.00 3 55.00 145.25 $150.25 $160.25 S 17025 55.00 $55.00 $55.00 S 55 00 7.50 $7.50 S 7.50 S 7.50 250.00 3 250.00 $250.00 S 250.00 eeweneaeaasegmuam Rates in this item are subject to Disposal Fees named in Item 230. Temporary Service.means providing Drop Box service at the customers request,for a period of ninety days or less. Permanent Service:means Drop Box service provided at customers request for more than 90 days. For Pennanent Service accounts,if a Drop Box is retained by a customer for a full month and no pickups are ordered,a Minimum Monthly Charge will be assessed Restart subject to Item 51 —Restart Charge -Drop Box. Rates named in this item apply for all hauls within the City Limits of Pasco,to the disposal site Any miles driven outside t.he City limits of Pasco will be charged for at§.25 per mile.Mileage Charge is in addition to all regular clmrges. A Prepayment will be assessed on Temporary Service accounts as noted above. Accessurial charges assessed {lids}unlocking,unhtchlng,eIc.)_ Note 7: Note 8. A can Charge or 33.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access 2:Cart or Container. A Trip Charge of S§.00 will be assessed when the company driver makes a trip to the customers location,but.due to reasons under the control of the customer,was not able to complete the haul Comprehensive Solid Waste Collection Agreement,Exhibit C Page 21 Page 153 of 296 30-Ocl—15 Page 23 Item 270 item 270 --Drag Bax Se?ice --To Disposal and Relgrll Compacted Material Rates stated per Drop Box,per pickup Service Area:City of Pasco Sin or Type of Container Permanent Service 15 Yd 20 Yd 20 Yd 30 Ydl35 Yd 40 Yd Delivery Charge $55.00 $55.00 $55.00 3 55.00 $55.00 H.aulCl1a.rge $165.00 $155.03 $165.00 3 l55.00 5 165.00 Trip Charge $5500 $55.00 $55.00 3 55.00 3 55.00 Prepayment $250.00 $250.(X)$250.00 $250.00 $250.00 Restart Charge $43.40 3 43.40 $43.40 $43.40 $43.40 Note 1.Rates in this item are subject to Disposal Fees named in Item B0. Nole 2:If a Drop Box is retained by a customer for a full month and no pickups are ordered, and the Drop Box is owned by the Contractor,a Monthly Charge will be assess ed. Note 3:Restart subject to hem 5]~Restart Charge -Drop Box Note 4;Rates named in this item apply for all hauls within the City Limils of Pasco,to the disposal site. Any miles driven oumide the City limits of Pasco Wl.iibe charged for at $.25 per mile.Mileage Charge is in addition to all regular charges. Accessorial cIza_rges ssessed gggds,unlocking,Imlatching,en.-.g Note 5: Note 6: Note 7' Note 8: A Gate Charge of 13.25 will be assessed on each pickup where the driver is required to unlock a container,locking bar,enclosure or open a gate in order to access a Can or Container A Compactor Disconnectlkeconnect Charge of §3.25 per haul will be assessed when Drop Boxes with compactors require connecting or disconnecting. A Turn Around Charge of 330,00per haul will be assessed when company driver has to mm the Drop Box around in order to empty and/or reconnect the Drop Box. A Trip Charge of $55.00 will be assessed when the company driver makes a trip to the customers location,but due to reasons under the control of the customer, was not able to complete the haul Comprehensive Solid Waste Collection Agreement,Exhibit C Page 22 Page 154 of 296 Exhibit D WACOD Adjustment Formula The following de?nitions apply to the calculation of the WACOD Adjustment: If the following is true: Change in Volume =(TONSCp-T0NSBp )/TONSB1»>=5% Then,the following calculation shall be made by the Contractor: WACOD Adjustment =WACOD Expense X WACOD Change The following de?nitions shall apply to the above formulas: O O C C C I C O O I I WACOD Expense =the proportion of approved rates attributable to gross Solid Waste disposal expense,hereby ?xed at %. WACOD Change =(WACODCp-WACODBP)/WACODBP WACOD”=MSWBPX TONSMsw.B}>+RCYBPX TONSRCY_Bp+GRNBPX TONSc,RN_ BP WACODcy=MSWcp X TONSMsw_cp +RCYCPX TONSRcY.cp +GRNcp X TONSGRN. City Planner TONSBP=TONSMSW»BP+T0NSRcY—B1=+TONSGRN-BP TONSCP=T0NSMsw.c1>+TONSRCY-CP+TONSGRN~CP MSW3p =Contractor’s disposal rate for Solid Waste during the Base Period TONSMsw.Bp =Volume of Solid Waste collected during the Base Period RCY];p =Contractor’s processing rate for Recyclable Materials during the Base Period TONSRCY_3p=Volume of Recyclable Materials processed during the Base Period GRNB1»:Contractor’s processing rate for Green Waste during the Base Period TONSGRN.];p =Volume of Green Waste processed during the Base Period MSWCp =Contractor’s disposal rate for Solid Waste during the Comparison Period ToNSMsw.Cp =Volume of Solid Waste collected during the Comparison Period RCYCP=Contractor’s processing rate for Recyclable Materials during the Comparison Period TONSRcy.cy =Volume of Recyclable Materials processed during the Comparison Period GRNcp =Contractor’s processing rate for Yard Waste during the Comparison Period TON SGRN.Cp=Volume of Yard Waste processed during the Comparison Period If the City has not added separate collection services for Recyclable Materials and/or Yard Waste during the Base Period,then the values for those respective variables representing the volume of such materials will be set to zero,and shall remain zero for the term of this Contract,i.e.: TONSRCY-BP=TONSGRN-Bl’=0 Comprehensive Solid Waste Collection Agreement,Exhibit D Page 1 Page 155 of 296 Until such time as the City adds separate collection service for Recyclable Materials and/or Yard Waste,the values for those respective variables representing the volume of such materials will be set to zero,i.e.: TONSRcy.c}>'—'TONSGRN.C1==0 In either case,the volume of the Recyclable Materials and Yard Waste shall be included in the measured volume of Solid Waste until such time as the City implements such separate collections services. Comprehensive Solid Waste Collection Agreement,Exhibit D Page 2 Page 156 of 296 Exhibit E Service Accord The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as follows: (1)Solid Waste gathered by the City from alley clean-ups; (2)Solid Waste gathered by the City from street sweeping; (3)Solid Waste gathered by the City from sewer debris;and (4)Solid Waste gathered by the City and deposited in specially designated Drop-Box Containers supplied by Contractor. These Solid Waste Services at No Direct costs include hauling and tip fees.The Solid Waste Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage)in any calendar year.See section 5.4 of the contract for more details. The eligible Solid Waste Service locations within the City are as follows: (1)The City Shop(s)1025 South Grey,Pasco,WA 99301 (2)The City Yard(s)Rd 108 and Crescent,Pasco,WA 9930] Comprehensive Solid Waste Collection Agreement,Exhibit E Page 1 Page 157 of 296 Exhibit F Fuel Surcharge City of Pasco 1 Base Fuel Expense Base Fuel Expense =5.87%Fixed 2 Percentage Increase in Cost of Fuel Current Fuel Price $3.79 Variable Minus Base Fuel Price -$3.79 Fixed Equals Fuel Price Difference =$-Variable Divided By Base Fuel Price (Line 6)+$3.79 Fixed Equals Fuel Percent Change =0.00%Variable Fuel Surcharge 3 Calculation Base Fuel Expense (Line 1)5.87% Multiplied By Percent Change in Fuel Price x - Fuel Surcharge 0.00% Comprehensive Solid Waste Collection Agreement,Exhibit F Page 1 Page 158 of 296 Exhibit G Curbside Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit G Page 1 Page 159 of 296 Exhibit H Green Waste Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibit H Page 1 Page 160 of 296 Exhibit I Electronic Waste Collection Provisions (E-Waste) (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement,Exhibitl Page 1 Page 161 of 296 R0.El'u:<3850 l‘d5(0,WA':!":330‘2»385C' phoIira[Si.'1F3]S47?<17F» la:-I(509l ‘5~'l7»8l51.7 August 20,2019 Steve Worley Public Works Director 525 N 3rdAve AUG26 20,92“Floor pusuc _>_NPasco,WA 99301 "WW8 ADM,” Dear Mr.Worley: I hope this letter ?nds you in good health and spirits.Please consider this notice supersedes the notice dated July 24"‘,2019.This adjustment incorporates the annual rate adjustment based on the (Consumer Price Index)CPI and a Tip Fee increase from the Transfer Station,owned and operated by Columbia Basin,LLC.(CBLLC).The contractually authorized rate changes will be effective January 01,2020. The contract specifies an Annual Rate Adjustment tied to the CPI (Section 6.3.l on page 20),based on 80%of the West Urban CPI,size class B/C.We are once again utilizing June data.The 12 month percentage change is 2.60%;the adjustment factor is 2.08%(2.60%x .80 :2.08%)to be applied to all rates de?ned in the contract.For your convenience,I am enclosing a copy of the proposed rates along with a copy of the CPI sheet. The second portion of the yea1"s rate adjustment comes from increased disposal expenses (Section 6.3.2 on page 2]),CBLLC has notified that the disposal rates for Solid Waste (MSW)have increased.MSW has increased from $49.00 per ton to $5l .96 per ton,a 6%increase over the previous year. The overall rate change due to the CPI adjustment and the increase in Tip Fees is 4.03%. We are most willing to meet with you for conversation on the topic of the rate adjustment and any other solid waste issues.Thank you for your attention in this matter,and please feel free to contact me at 509- 542-4957 or 509-547-2476,should you have any questions. I would also like to take the opportunity to thank you and the City Council of Pasco for allowing us to serve the Pasco City Residents. Sincerely, T Dave Atwell Pricing Manager Basin Disposal,Inc. Enclosures Page 162 of 296 BASIN a/drpozral CITY OF PASCO RATES EFFECTIVE 1/1/2020 PO Bax 3850 I‘OS(U.W/\‘J‘3302»385U |)?I0lI"(FIDO)547 7470 I;(ma)54773517 PER PER SPEC RESI I MULTI-FAMILY FEES MONTH PRORATE COMMERCIALCAN FEES MONTH PRORATE FIU 96 GAL-EACH $21.42 $4.95 64 GAL —EACH $25.19 $5.82 $18.58 96 GAL ADDT'L-EACH $2.21 $0.51 96 GAL -EACH $46.61 $10.75 52353 SENIOR 54 GAL -EACH $10.70 $2.47 EXTRA ITEMS »EACH $4 40 CARRY OUT I ROLL OUT -5‘-25‘$15.03 $3.47 RESTART FEE (NONPAY ONLY)$45.34 RETURN TRIP CHARGE $11.75 CARRY OUT/ROLL OUT AFTER 5 $15.03 $3.47 RESTART FEE (NONPAY ONLY)$46.34 OVERSIZEIOVERWEIGHT CART 55,55 RESIDENTIAL DEPOSIT $35.00 RETURN TRIP CHARGE —PER UI $11.75 GATE CHARGE -PER MONTH/Pl $15.03 $3.47 DAILY EXTRA YARDS -EACH $16.44 TEMP CARTS 8:SMALL CONTAINERS EACH RENT PRE-PAY COMMERCIAL CAN DEPOSIT $35.00 TEMP CART DELIVERY FEE $11.75 PER SPEC EXTRA 54 GAL PER DUMP $8.13 $6.15 $35.00 PERM SMALL CONTAINERS MONTH PER PIU PIU PIU 96 GAL PER DUMP $15.05 $6.15 $35.00 I 50 YD IX $127.72 329.50 35435 $29.50 TEMP CONTAINER DELIVERY FEE $23.34 1 50 YD 2X $246.15 $55.35 CIYD(4 X 4 1/2 X 5)$64.15 $5.15 $125.00 I 50 YD 3X $371.57 $85.81 4YD I4 X 5 X 5)$75.76 $6.15 $125.00 ‘I 50 YD 4X $493.49 $113.97 6YD [6 X 6 X 5)$93.18 $6.15 $125.00 1 50 YD 5X $603.80 $139.45 BYD (5 X 5 X 7)$115.40 35 15 $125.00 2 0 YD IX $150.94 $34.35 $50.21 $34.86 RETURN TRIP CHARGE —CART $11.75 2 0 YD 2X $290.29 $57.04 RETURN TRIP CHARGE —CONTAINER $23.34 2.0 YD 3X $435.43 $100.55 2 0 YD 4X $574.77 $132.74 2 0 YD 5X $708.29 $163.58 DROP BOXES PERM TEMP 3 0 YD IX $174.17 $4022 $5557 $4022 PREPAY TEMP,DEPOSIT PERM $250.00 $250.00 3 0 YD 2X $336.72 $77.76 TEMP DAILY RENT A $8.01 3 0 YD 3X $505.10 $115.55 DELIVERY FEE $53.74 $55.74 3 0 YD 4X $551.35 $152.35 MILEAGE -TO OUTSIDE CITY LIMITS"$3.45 $3.45 PERM M0 3 0 YD 5X $315.52 $189.06 DUMP FEES,PER TON $59.53 $59.93 RENT 40 YD ‘IX $214.80 $49.51 $74.95 $49.61 11 YD s 15 YD $149.52 $149.77 $149.52 4 0 YD 2X $423.51 $97.8E 20 YD $154.86 $155.11 $154.86 4 0 YD 3X $527.02 $144.31 30 YD $150.19 $150.45 $160.19 4 0 YD 4X 3818,52 $139.05 40 YD $170.87 $171.13 $170.87 4 0 YD 5X $1,010.20 $233.30 50 YD $181.55 $181.81 $181.55 6 0 YD 1X $272.87 $63.02 $88.34 $53.02 RESTART FEE (NONPAY ONLY)$45.34 $45.34 545.34 S 0 YD 2X $539.93 $124.70 GATE CHARGE ~PER PICK UP $3.47 6 0 YD 3X $801.19 $185.03 TRIP CHARGE $53.74 6 0 YD 4X $1,056.54 $244.03 5 0 YD 5X $1,323.71 $305.71 COMPACTORS PERM B 0 YD 1X $345.34 $80.45 $105.77 $80.45 DELIVERY FEE (IF EDI OWNED)$53.74 5.0 YD 2X $679.27 $156.88 DUMP FEES,PER TON $59.93 a 0 YD 3X $1,021.81 $235.95 15-45 YD COMP HAUL CHARGE $184.32 a 0 YD 4X $1,335.31 $305.39 RESTART FEE (NONPAY ONLY)$45.34 3 0 YD 5X $1,654.62 $382.13 MILEAGE V TO OUTSIDE CITY LIMITS"$3.46 EXTRA YARDS -EACH $16.44 TRIP CHARGE $55.74 RETURN TRIP CHARGE -PER LII $23.34 DISCONNECT FEE PER PICK UP $3.45 COMMERCIALDEPOSIT 1 MONTH SERVICE TURN AROUND CHARGE $32.03 DEPOSIT PERM $250.00 PER SPEC EXTRA FRONT LOAD COMPACTORS MONTH PER PIU PIU PIU 2 0YD COMP IX $197.79 $45.68 $69.02 $45 68 MISC ADDITIONAL CHARGES EACH MONTHLY 3 OYD COMP 1X $233.45 $55.07 $78.41 $55.07 EXTRA ITEMS —EACH (COMMERCIAL ONLY)$4.40 4 0 YD COMP 1X $290.59 $57.13 $90.47 $57.13 EULKY ITEMS/FURNITURE —EACH $15.44 6 0 YO COMP IX $377.79 $37.25 $110.59 $57.25 REFRIGERATED APPLIANCES —EACH $54.65 EXTRA COMP YARDS ~EACH $32.86 STANDARD APPLIANCE -COMM ONLY $15.13 COMMERCIALDEPOSIT 1 MONTH SERVICE REPLACEMENT CAN CHARGE $88.93 RETURNED CHECK FEE $37.37 COMMERCIALADDITIONAL FEES EACH GATE CHARGE $3.47 $15.03 CARRY OUT/ROLL OUT 5225‘$15.03 $3.47 CAR TIRES —EACH $5.25 OVERWEIGHT CONT I PER YD $15.44 TRUCK TIRES —EACH $10.50 RESTART FEE (NONPAY ONLY)$46.34 STEAM CLEAN FEL CONTAINER $43.25 GATE CHARGE -PER MONTH/PI $15.03 $3.47 STEAM CLEAN DROP EIOX $107.32 HOURLY RATE (1/2HR MIN)$101.45 LOCKINGCONTAINER PREP $101.45 “MILEAGE ONLY CHARGED FOR MILESDRIVENOUTSIDECITYLIMITS” X:\cIry ConIracts\_BDI_I>asco\ cORERaIechange_Pasce_Ianzozo ICPHTIP20190319)8/20/2019Page 163 of 296 AGENDA REPORT FOR: City Council November 1, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Richa Sigdel, Director Finance SUBJECT: Ambulance Billing - Professional Services Contract I. REFERENCE(S): Proposed Professional Services Agreement with Systems Design West LLC II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Ambulance Fund - Estimated $76,000/year IV. HISTORY AND FACTS BRIEF: The Emergency Medical Services (EMS) program of the City's Fire Department is an integral part of the community's health care system. They provide 24 hour a day advanced life support services to City of Pasco residents and through response agreements to the greater Tri-Cities area. The EMS program is primarily funded through the Ambulance Utility revenues and transport fees. Transport fees are paid via patient insurance (private, Medicare, Medicaid, etc), private funds, and grant funding. The City, to date, has hired in-house staff to bill all patients encountered by the City's EMS. Medicaid and Medicare do not pay the transport fee as published in the City's Municipal Code. The City writes off a significant portion of the transport fee due to this Federal practice. Pasco has a high Medicaid and Medicare use demographic, which means that the City is reimbursed less than the actual cost of transport for many calls. Due to this significant impact on EMS providers, the Federal government and the State of Washington have partnered to provide additional support to publicly-owned or operated qualified EMS providers. This additional support comes in the form of Ground Emergency Medical Transportation (GEMT) funds, supplemental payment to cover the funding gap between a provider’s actual costs and the allowable amount Page 164 of 296 received from Washington Apple Health (Medicaid) and any other sources of reimbursement. V. DISCUSSION: The GEMT program for Washington State is still in its infancy. And although the City has received a significant portion of the expected funds, the clear impact of this program is still to be determined. Regardless, this is a welcome relief for the City's EMS service and its Ambulance Fund. However, the funds also come with a progressively higher level of scrutiny and yearly audits from the Health Care Authority of Washington (HCA) and the Center for Medicare and Medicaid Services (CMS). Furthermore, Medicaid and Medicare have very complicated and changing billing requirements, making it difficult for the City to be the subject matter expert and meet the set guidelines for every reimbursement submitted. Due to this changing landscape and the high cost of meeting standards in-house, Staff is recommending that the City partner with Systems Design West LLC to bill all of City's Emergency Medical Services. The City went through the Request for Proposal (RFP) process and found the vendor to be the most qualified to provide the best services to the City. Staff believes that this change in operation will allow the City to use existing resources for more value-added programs, as well as reduce the risk of improper billing. Page 165 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 1 of 14 SERVICES AGREEMENT AMBULANCE BILLING SERVICES THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and Systems Design West LLC, hereinafter referred to as “Vendor” on the _______ day of _________________, 2019. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Vendor represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Vendor shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Vendor’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). Along with EMS Billing and Collections Procedure in Exhibit B. 2. Term. This Project shall begin on the execution date listed above and will continue for three (3) years with an option to extend for an additional year. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Vendor except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Vendor for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Page 166 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 2 of 14 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Vendor for all work performed and expenses incurred under this Agreement, as follows. ☒ Other: $22.00 per billable claim plus actual postage for statements and invoices sent on behalf of the City. 4. Reports and Inspections. 4.1 The Vendor at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Vendor shall, at any time during normal business hours and as often as the City, the Washington State Auditor or Centers for Medicare and Medicaid Services (CMS) may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Vendor’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Vendor’s activities, which relate, directly or indirectly, to this Agreement. Vendor shall be provided a copy of such reports. 4.3 The Vendor, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Vendor shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Vendor shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Vendor shall retain all books, records, documents or other material relevant to this Agreement for as per applicable State and Federal record retention requirement. Vendor agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. Page 167 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 3 of 14 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Vendor for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Vendor may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Vendor and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Vendor subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Vendor in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Vendor’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Vendor, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Vendor. If the Agreement is terminated through convenience by the City, the City agrees to pay Vendor for the preparation of the summary of services provided. 6. Public Records. 6.1 Vendor acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Vendor, and recommendations of the Vendor are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Vendor becomes a custodian of public records of the City and request for such records is received by the City, the Vendor shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Vendor within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Vendor at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Vendor to enjoin or otherwise prevent such release. Page 168 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 4 of 14 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Vendor. No agent, employee, officer or representative of the Vendor shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Vendor are not entitled to any of the benefits or privileges the City provides for its employees. The Vendor will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Vendor is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Vendor shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Vendor to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 8. Indemnification. 8.1 Each party shall defend, indemnify, and hold harmless the other party, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of each party or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of each party, its officers, employees, agents, and volunteers. Page 169 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 5 of 14 8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Vendor, and the City, its officers, employees, agents and volunteers, each party’s liability and obligation to defend hereunder shall only be the proportionate extent of their negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Vendor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Vendor’s delayed or failed performance of Section 6 above. 8.6 Notwithstanding Section 8.1 above, the Vendor shall be liable for all audit-related damages occurring as a consequence of Vendor’s inaccurate, incomplete, or improper billing procedures or actions. Vendor shall not be liable for any audit- related damages occurring as a consequence of improper documentation by the City. 8.7 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Vendor shall obtain insurance of the types described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Vendor’s Commercial General Liability insurance policy with respect to the work performed for the City. Page 170 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 6 of 14 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Vendor’s profession. 9.2 Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: ☐ $1,000,000 per claim; ☐ $1,000,000 policy aggregate limit; or ☒ $1,000,000 per claim; and $1,000,000 per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Vendor’s insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor’s insurance and shall not contribute with it. 9.3.2 The Vendor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 9.5 Verification of Coverage. Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement evidencing the insurance requirements of the Vendor before commencement of the work. Page 171 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 7 of 14 10. Nondiscrimination. In the performance of this Agreement, the Vendor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Vendor shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Vendor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Vendor warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Vendor, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Vendor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Vendor due to its unique qualifications to perform these services. The Vendor shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than sixty (60) business day’s written notice in advance of the effective date of such termination. In the event of termination, the vendor shall perform sixty (60) days of follow-up services on claims already billed. Page 172 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 8 of 14 13.2 Termination for Cause. If the Vendor fails to perform in the manner called for in this Agreement, or if the Vendor fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Vendor setting forth the manner in which the Vendor is in default. The Vendor will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by one of the following: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail return receipt requested, to the attention of the individual or person identified below and to the physical address of the parties, to be deemed served when mailed; or 14.2.3 By electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Robert Gear or his/her designee Fire Chief, City of Pasco 525 North 3rd Avenue PO Box 293 Pasco, WA 99301 gearb@pasco-wa.gov 14.3.2 For the Vendor: Jennifer Braus, or his/her designee CEO, Systems Design West LLC PO Box 3510 Silverdale, WA 98383 jennb@sdwems.com 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. Page 173 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 9 of 14 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Vendor respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON VENDOR Dave Zabell, City Manager Jennifer Braus, CEO, Systems Design West LLC ATTEST: Debra Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 174 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 10 of 14 EXHIBIT A SCOPE OF SERVICES 1. The Vendor may release information on billing only to the patient, spouses or legal guardian, the patient’s insurer or other interested insurers as may be required for claim processing or payment, to the City of Pasco as requested, or to another party only as may be allowed in compliance with State and Federal law. 2. The City agrees to provide a complete and legible “PCR” (Patient Care Report) to the Vendor, including patient name, address and pertinent billing and insurance information as available from the field, including a copy of the patient signature when available for authorization of benefits and responsibility for payment, authorizing billing of Medicare, Medicaid and any insurance the patient is a subscriber to. The original patient signature must be maintained by the City and made available to the Vendor and/or insurance payers upon request. The amounts to be billed will be determined by the City’s current municipal code (PMC). The City will notify the Vendor when the PMC is changed or updated. 3. The Vendor shall provide pre-printed Health Care Financing Administration (HCFA) billing forms, mailing envelopes, and invoices for use by the City and shall work with the City to develop or modify forms as needed. The Vendor shall be responsible for maintaining an adequate supply of forms. 4. The Vendor is responsible for all other labor, materials, except as stated in Section 3.4 of the Services Agreement for invoices and statements billed on the City’s behalf, delivery charges, software, computer equipment, and telephone costs, supervision, and other incidentals necessary for the performance under this agreement. The Vendor shall be responsible for keeping accurate and up-to-date records of all bills, payments, and correspondence related to the billing system. The City reserves the right, with five (5) working days’ notice, to perform an audit of said records at the Vendor's place of business during normal business hours and may require Vendor’s attendance at certain council meetings. 5. The Vendor shall make reasonable attempt to procure accurate information from the City or other agencies to ensure timely billing, including, but not limited to, procuring complete face sheets, performing insurance verifications, etc. 6. The City agrees to generate any refund check due to overpayments identified by the Vendor directly to the payer to which the refund is due, based on detailed information provided by the Vendor, which shall include the patient’s payment history. 7. The City shall provide additional information as may be required by insurance companies or other agencies in order to facilitate the Vendor’s obligations to the City. Page 175 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 11 of 14 8. The Vendor shall prepare and mail an original itemized bill for each patient within five (5) working days of receipt of the complete patient record. Thereafter, an invoice showing at least the date of service and billing, amount owed, any payment received, and any request for additional information shall be mailed as required by law. 9. If the patient or other person responsible for the payment of the bill has been deemed delinquent as per City’s codes and State law, the Vendor shall “pull” these accounts and send a list of them to the City. The list must include the account number, patient name, date/s of service and billing, any payment received, address, amount owed, specific reason the account is delinquent (i.e. returned mail, bankruptcy, etc.), as well as, copies of invoices. The City will approve which accounts will be sent to collections on a monthly basis. Once such approval is received, the Vendor shall provide this report to the collection agency assigned by the City for collection purposes. Explanation of delinquency on each account submitted for collection is required. 10. If the initial bill or subsequent invoice is returned as undeliverable by the post office and the Vendor, after making reasonable attempts to locate the person, is unable to do so, the Vendor shall pull that account and include it in the collection approval process as mentioned in Section 9. 11. The Vendor will be responsible for dealing with, negotiating with, and handling dispute resolution, and all appeals with Medicare, Medicaid, and all other insurance payers. 12. The Vendor shall be available at least six hours per day Pacific Time between 8am and 5pm, Monday through Friday, excluding holidays, on a fixed schedule approved by the City to answer inquiries from patients or other persons responsible for payment concerning accounts due. During remaining hours when the Vendor is not available, the Vendor must provide a dedicated phone line with voicemail service. The Vendor shall, at their expense, maintain a toll-free phone number, available from Washington, to facilitate patient inquiries. 13. The City will have the sole authority to determine which accounts will be sent to collection, be waived, or stay in the billing process per RCW 19.16.500. The City may allow for a time-payment schedule for their accounts. The City shall have the sole authority to set any interest charges on overdue accounts as allowed by law. 14. The Vendor shall adhere to all Federal and State of Washington laws regarding billing payers, collectible balances, and required write-offs. All legally collectible balances are to be billed to applicable payers, in the necessary order, until all applicable payer options have been exhausted. The Vendor is prohibited from discounting or adjusting any fee outside of the required contractual write-off unless approved by an authorized representative at the City. The amounts of all write- offs shall be reported monthly to the City. 15. The Vendor will be expected to acquire an assignment of benefits from the patient and bill the insurance provider directly where insurance is available and identified. 16. Vendor shall mail ambulance billings separately from any other accounts handled by the Vendor. Page 176 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 12 of 14 17. The Vendor shall, on a weekly or on an as-needed basis, deposit all payments received for ambulance service collections in a designated City account. 18. The City shall receive the following information in report format on a monthly basis. Reports will be submitted to the City Finance Department. The Vendor shall document how they intend to provide this information: a. Names of patients billed. b. Type of insurance (i.e., HCA, Medicare/Medicaid). c. Dates of service. d. Dates of billing. e. Dates payments were received. f. Amount of charges by patient. g. Amount of payments by insurance. h. Amount of GEMT fee. i. Outstanding balances by patient. j. Outstanding balances by age of account by patient (i.e., 30 days, 60 days, 90 days, etc.). k. Outstanding balances by age of account by payer (i.e., 30 days, 60 days, 90 days, etc.). l. Amounts received from third party payers. m. Total amount collected for the month. n. Accounts for collection including history of billing activities. o. Amount of write-off per patient and per payer. p. Specific reason account flagged as delinquent. 19. The Vendor shall submit a monthly itemized statement of their charges. Payment by the City will be made within 30 days of receipt of such invoice. Page 177 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 13 of 14 EXHIBIT B EMS Billing and Collections Procedures PURPOSE To establish procedures regarding ambulance services billing and collections. To include patient services fee schedule, collections and payment policy. DEFINITIONS The City of Pasco, a Washington Municipal Corporation, is hereinafter referred to as “City”. System Design West, LLC. is designated as the "Billing Agency" with whom the City has entered into a contract on the _____ day of _____2019 to provide billing for emergency medical and ambulance services. POLICY It is the policy of the City that no person will be denied treatment or transport to a definitive care facility, regardless of the patient's ability to pay for service. It is the policy of the City to pursue payment for ambulance treatment and/or transport services provided according to the fee schedule approved by the City Council. While claims for service will be processed based on the patient's individual situation (i.e.: insurance, self-pay, etc.), the patient (except Medicare or Medicaid patients) is ultimately responsible for the total balance due. Billing and collection practices will be in compliance with State and Federal laws; specifically Medicare, Medicaid, and HIPAA guidelines. PROCEDURE All billing for ambulance services will be in accordance with the treatment and transport fee schedule below that has been established by Resolution of the City of Pasco City Council. Fees collected for Ambulance Standbys will be handled by PFD. All standby calls that result in a patient transport to a medical facility will be deemed billable as a normal EMS call and will be handled by the Billing Agency. Patients attended to by PFD and then refuse treatment will be billed an “on-scene treatment” charge per the current Council Resolution. “Attended to” is defined as providing any care or treatment beyond an initial BLS level exam. Patients that have resuscitation efforts terminated upon arrival at the hospital, or who are pronounced deceased on scene, the Resolution rate will be billed to the patient’s account. The remaining balance owing shall be pursued against the deceased's estate until proven that there are no further provisions for payment. Page 178 of 296 Professional Services Agreement – Systems Design West LLC AMBULANCE BILLING SERVICES Page 14 of 14 PAYMENT POLICY Those individuals with balances owed may request a payment schedule to pay the remaining balance owed, which will be handled on a case-by-case basis. A request for a payment plan by an individual or via a partial payment shall be referred to the City for approval. • Consideration of these requests will be given with regard to insurance available to the patient, circumstances of the call, financial resources available, and ability to arrange payment. • If approved by the Pasco Finance department, the Billing Agency shall resubmit an adjusted bill to the patient. • If a payment schedule is agreed upon, it shall only be for a maximum of 12 months for completion of payment. COLLECTIONS In the event that full or partial payment for ambulance treatment/transport services to Billing Agency is not received within 120 days of the initial billing or accounts with an approved payment plan that have not been paid in full after 12 months (see Billing Schedule below), the patient's account will be considered delinquent and uncollectible and referred to the collection agency currently under contract to the City of Pasco, based on procedures set out in Exhibit A Sections 9 and 13, who will attempt to collect the balance due. The Vendor will adhere to the Fair Debt Collection Practices Act (FDCPA) with respect to any and all applicable actions taken under this Agreement. • With accounts that are at-risk of being turned over to collections, the Billing Agency is authorized to negotiate up to a 20% reduction in the balance due, with final approval by the Pasco Finance department. • The negotiated amount must be paid in full. Otherwise, the account will be re-adjusted to the previous balance with credit for any payments received and then sent to the designated collections firm. • If a patient is paid directly by a third party for services, the City of Pasco is owed this amount immediately. BILLING SCHEDULE • Initial bill. • Second billing, 30 days after initial bill. • Third billing, 60 days after initial bill. • Final bill, 90 days after initial bill in the form of a pre-collect notice. TREATMENT AND TRANSPORTATION FEE SCHEDULE • Resident Transport fee: $ 650.00 • Non-Resident Transport Fee: $ 1100.00 • Mileage Fee: $11.00 per mile • On-Scene Care Fee: $250.00 • Balance Bill After Insurance Processes: Yes Page 179 of 296 AGENDA REPORT FOR: City Council November 4, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Steve Worley, Director Public Works SUBJECT: Transportation System Master Plan - DKS Contract I. REFERENCE(S): Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion and consensus to move forward with contract approval at next week's Council meeting. III. FISCAL IMPACT: The estimated cost for this plan, including the consultant contract is $350,000 of which $300,000 is to come from Multi-Modal Transportation revenue and $50,000 will come from the Street Fund 110. IV. HISTORY AND FACTS BRIEF: The City of Pasco has experienced rapid growth over the past several years. With that growth comes challenges for the City's infrastructure. That infrastructure includes parks, facilities, water, wastewater, stormwater and transportation systems. Of additional note is that Pasco is poised to grow in population by approximately 50,000 over the next two decades. In recent years the City has completed or initiated numerous long-range planning efforts; Comprehensive Land Use Plan Update, Comprehensive water, sewer and stormwater system plans, I-182 Corridor Analysis, facility plans for water, wastewater and industrial wastewater treatment, all to comprehensively evaluate current and future public infrastructure needs and position the City Council and staff to make informed and strategic decisions. The creation of a focused Transportation Master Plan (TMP) will provide the City a planning level document that the City can use to better address the existing needs of the Page 180 of 296 transportation system, as well as anticipate and plan for the future needs in the undeveloped and redeveloping areas so that the transportation network continues serve the community and region in a safe and efficient manner. V. DISCUSSION: With the major limiters of potential growth identified through the long-range planning efforts discussed above, it is timely to update the Transportation System Master Plan as contemplated in the adopted biennial budget. Staff issued a Request for Qualifications from firms qualified to perform this type of work in April 2019. Of the three submittals received the selection committee concluded that DKS Associates is best suited to complete this effort, the PW Director, C&ED Director, City Engineer and City Manager concur with this recommendation. DKS Associates is based out of Portland Oregon and have extensive experience in the development of Transportation Master Plans, including previous experience with the City; development of the transportation element associated with the Land Use Comp Plan Update, transportation analysis associated with the NW Area EIS, both currently underway as well as the Feasibility Traffic Study for Interchanges done in 2017, and multiple Traffic Improvement Analysis (TIA) efforts associated with private development in the City of Pasco. DKS and the project team proposed for Pasco has a high level of familiarity with the City, is eminently qualified to perform this level of work and has a proven track record within the region and locally. The contract amount to complete the study amounts to $328,326, this is above the $300,000 allocated for this effort within the adopted budget. A copy of the contract is attached to this Agenda Report. Page 181 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT 16017 – Transportation Master Plan Agreement No. 19046 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and DKS Associates, hereinafter referred to as “Consultant,” on the _______ day of _________________, 2019. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2020. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is Page 182 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 2 of 9 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ☐ Hourly (Single Rate): $__________ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $____________ without prior written authorization by the City; or ☐ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without the prior written authorization by the City; or ☒ Fixed Sum: A total of $328,326.00; (Exhibit B) or ☐ Other: ______________________________________________________ 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. Page 183 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 3 of 9 These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as “confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the Page 184 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 4 of 9 records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 8. Indemnification. Page 185 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 5 of 9 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant’s liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant’s negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorne y fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Page 186 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 6 of 9 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ☒ $1,000,000 each occurrence; ☒ $2,000,000 general aggregate; or ☐ $________ each occurrence; and $________ general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $1,000,000 per claim; ☒ $1,000,000 policy aggregate limit; or ☐ $________ per claim; and $________ per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant’s insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.2 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Page 187 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 7 of 9 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement evidencing the insurance requirements of the Consultant before commencement of the work. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. Page 188 of 296 Professional Services Agreement – DKS Associates Agreement No. 19046 16017 – Transportation Master Plan Page 8 of 9 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Steve M. Worley, P.E, or his/her designee Public Works Director 525 North 3rd PO Box 293 Pasco WA 99301 WorleyS@pasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Carl Springer, PE, PTP, or his/her designee Principal 720 SW Washington St Portland, OR 97205 carl.springer@dksassociates.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. Page 189 of 296 Page 190 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 1 | DKS Associates November 4, 2019 Overview The consultant team will prepare a Transportation System Master Plan Plan (TSMP) that supports the goals and policies in the Transportation Element of the Pasco 2040 Comprehensive Plan. The TSMP will serve as a long-range planning tool for expected growth to 2040, and it will provide the city with multimodal master plans and priority projects to best serve this growth. Study Area The study area will be based on the Pasco City Limits, and extend to include the anticipated urban growth area. The final plan will coordinate with relevant plans of Franklin County, the Benton-Franklin Council of Governments (BFCG), and Washington State Department of Transportation (WSDOT). Key Work Products The TSMP process will result in the following key work products: 1.Multimodal master plans for walking, biking, driving, and freight systems 2.Prioritized list of capital improvements for each travel mode, identifying the lead transportation agency -- City, County and State - WSDOT 3.Action plans for pending Urban Growth Areas that identify major transportation projects that are triggered by new growth areas. 4.Updated policies for the Transportation Element of the Comprehensive Plan (currently being updated separately) 5.Updated city street and multi-use path cross-sections for planning capital projects that are based on the designated street functional classification and the type of adjacent planned land uses. 6.Standards for street and walkway spacing standards and access management standards by street functional classification. 7.Recommended amendmenWs Wo Whe CiW\¶s MXnicipal Code Wo sXpporW and implemenW Whe TSMP 8.Recommended projecW lisW XpdaWes Wo Whe CiW\¶s Wraffic impacW fee program Wo fXnd transportation investments to serve growth 9.Stakeholder and Community outreach throughout the entire planning process. Specific work tasks to accomplish these work products are presented on the following pages. &9)*#*5" Page 191 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 2 | DKS Associates November 4, 2019 Task 1 – Project Management The project management task focuses on directing the consultant team activities to ensure that Whe CiW\¶s objecWiYes for Whe TSMP are sXccessfXll\ accomplished. Objectives: Ɣ Coordinate and oversee the execution of this work scope Ɣ Provide on-going communications with project team to track status and to collectively identify and resolve issues as they arise Ɣ ProYide monWhl\ inYoices and progress reporWs Wo docXmenW Whe Weam¶s Zork Wo daWe Work Activities: Ɣ Prepare a Project Management Plan that identifies the project objectives, roles/responsibilities, risk factors and how they will be managed, and a QA/QC plan Ɣ Develop list of resource data and plans required from city staff Ɣ Provide project management services which includes the preparation and monitoring of contract work plans, budgets, schedules and processing invoices. Ɣ Maintain the project management web site Ɣ Coordinate and supervise prime consultant and vendor performance Meetings: Ɣ Organize and lead bi-weekly project management team (PMT) phone conference calls. Summary notes will be posted on the team website. Ɣ Conduct in-person PMT meetings in Pasco at key project milestones to review major deliverables. Combine meetings with other project meeting events to the extent possible. Assumptions: Ɣ Project management information, schedules and team updates will be posted on a web site that can be securely accessed by team leaders Ɣ Bi-weekly check-in calls will be no longer than 30 minutes, and will occur up to 30 times Deliverables: Ɣ Project management plan Ɣ Project schedule Ɣ Monthly invoices and progress reports Ɣ Bi-weekly project management team meetings notes Page 192 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 3 | DKS Associates November 4, 2019 Task 2 – Background Plans, Policies Review The background plan and policies review provides the historical context for initiating the plan update. This review will provide the consultant team with a comprehensive understanding of the transportation policy framework used by the City and local agencies, and how effectively those policies have led to timely and efficient expansion of transportation services for the community. Objectives: Ɣ Review and summarize the current plans and policies that will guide this planning update Ɣ Recommend preliminary revisions or areas to be addressed Work Activities: 2.1 Background Plan Review Ɣ ProYide reYieZ of Pasco¶s ComprehensiYe Plan, Transportation Element (current and pending draft), and the BFCG Regional Transportation Plan Ɣ Provide review of Transit Development Plan by Ben Franklin Transit Ɣ Provide review of current local land development requirements in the Subdivision Ordinance and Zoning Ordinance of the Municipal Code, maps and policies related to transportation planning. Ɣ Make recommendations regarding issues to be addressed through this plan update related to the land use and land development regulatory ordinances, transit plan, and transportation plan. Ɣ Provide memorandum summary of state, county, regional and local transportation plans and policies that are relevant to this planning effort. 2.2 Goals, Objectives and Evaluation Criteria Ɣ Define multimodal transportation performance measures to be applied for the TSMP, inclXding Whe CiW\¶s LeYel of SerYice sWandard for peak hoXr inWersecWion condiWions. Ɣ Develop TSMP goals, objectives and evaluation criteria framework based on prior planning work. Document in memorandum. Assumptions: Ɣ City staff will provide online addresses or separate electronic copies of relevant background plans and policies for this work task. Ɣ Development code review will highlight current city practice as it relates to the transportation plan. The review will identify issues to be addressed, and will not include a comprehensive update to the code. Ɣ Multimodal performance measures will identify qualitative or quantitative ways to assess the sufficiency of transportation system for walking, bicycling, transit and driving. Ɣ As appropriate, performance targets will be identified for each travel mode. Deliverables: Page 193 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 4 | DKS Associates November 4, 2019 Ɣ Draft and Final Technical Memo #1 - Background Plans, Policies and Development Code Summary Ɣ Draft and Final Technical Memo #2 – Goals, Objectives and Evaluation Criteria Task 3 – System Inventory and Existing Conditions Analysis The firsW sWage of Whe Wechnical anal\sis is inWended Wo discoYer hoZ Zell Whe CIW\¶s WransporWaWion system is operating today. The consulting team will compile system and user data to characterize how each of the transportation modes are performing, including freight, motor vehicle, transit, bicycling and walking. Aspects to be considered in this performance review include general safety, convenience, and how efficiently people and goods move about the community. The technical analysis conducted by the consulting team will be supplemented by online surveys to let the general public share their safety and mobility experiences with the consulting team. Objectives: Ɣ Collect traffic volume data at locations agreed to with City staff Ɣ Evaluate motor vehicle, biking and walking system performance conditions based on new collected data and readily available archived data Ɣ Identify low-income and environmental justice areas Ɣ Document where gaps or deficiencies exist Work Activities: 3.1 System Inventory Ɣ Obtain GIS mapping data to support the system evaluation. Ɣ Identify low-income and environmental justice areas based readily available census data and discussions with city staff. Ɣ Conduct inventory of the arterial and collector roadway system. Ɣ Number of travel lanes Ɣ Type of major intersection traffic controls (signal or roundabout), Ɣ Posted speed limits Ɣ Roadway jurisdiction Ɣ Street functional classification Ɣ Conduct inventory of the walking and biking system: Ɣ Sidewalks Ɣ Enhanced pedestrian crossings (for example, grade-separated crossings, rapid flashing beacons, traffic signals) Ɣ Bikeways Ɣ Compile readily available transit data including routes, ridership and bus stop locations. Ɣ Compile readily available maintenance data about deficient roadway pavement and bridges, including location, and estimated cost to repair or replace. Page 194 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 5 | DKS Associates November 4, 2019 Ɣ Collect traffic counts study intersections. Ɣ Collect daily traffic volumes and prepare a citywide Average Daily Traffic (ADT) Map for use in TSMP analysis and future general reference purposes . Ɣ Compile systemwide bike travel data from StreetLight Data. Ɣ Compile commercial vehicle data for heavy and medium trucks. Ɣ Compile crash data from WSDOT. 3.2 Performance Review Ɣ Review system spacing and connectivity and identify key gaps for multimodal travel and access to transit. This review will focus on City arterial and collector designated roadways. Ɣ Create a Synchro transportation operations analysis model of the study intersections to represent current conditions. The model will be used to report intersection performance (level of service, delay, volume to capacity ratio), and identify operational deficiencies and system needs based on state and local performance standards Ɣ Review collision data, calculate intersection and roadway crash rates and identify top five high crash corridors and top ten high crash intersections Ɣ Identify existing operational and safety deficiencies and system connectivity needs for all modes Ɣ Review available freight related plans and data to identify primary needs and routes Ɣ Create online public survey to collect information about general perceptions of existing mobility or safety deficiencies. Ɣ Document existing transportation system conditions in a technical memorandum. This memorandum will identify the existing agency performance targets, indicate system gaps and any performance deficiencies in terms of system connectivity, peak period operations and safety. 3.3 Coordination Meetings Ɣ Consultant will make field reviews to confirm available data, as needed, and to confirm initial performance findings (2 persons, 1 day trip). Ɣ Consultant will meet with City staff to review draft technical memorandum Assumptions: Ɣ City will provide a copy of their GIS data that is relevant to the transportation system Ɣ City will identify up to 25 study intersections Ɣ City will request traffic signal timing data for selected study intersections Ɣ City will request WSDOT most recent available five years of crash data Ɣ City will provide readily available historical 24-hour traffic counts Ɣ City will provide available roadway and bridge maintenance plans Page 195 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 6 | DKS Associates November 4, 2019 Ɣ Consultant will collect peak hour traffic volume counts during the average weekday PM peak hours for all locations, and during the average weekday AM peak hours at locations adjacent to freeway interchanges. Ɣ Consultant will collect 24-hour traffic counts (volume, speeds) at up to 10 locations. Based on this data, and available historical counts, consultant will produce an Average Daily Traffic (ADT) Map for all City arterial and collector streets using StreetLight Data. Ɣ City will assist in the creation of an online survey Deliverables: Ɣ Draft and Final Technical Memo #3 ± Transportation Systems Inventory and Existing Conditions Analysis Ɣ Average Daily Traffic Volume map for the City of Pasco Ɣ Coordination meeting with City PMT staff to discuss task deliverable. Page 196 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 7 | DKS Associates November 4, 2019 Task 4 – Future Multimodal Needs and Deficiencies This Wask considers hoZ Whe CiW\¶s WransporWaWion s\sWem Zill perform ZiWh Whe e[pecWed WraYel demand growth to 2040. This future baseline assessment will include any transportation improvement projects that have committed funding available. This assessment will focus on the motor vehicle system to reveal new elements that operate adequately today that will need upgrades or new facilities in the long-term. We will consider City, County and WSDOT facilities within the greater planning area. The BFCG travel demand model will be applied to forecast 2040 travel demands within the planning area, which will be evaluated by the consulting team to flag major degradaWions compared Wo Woda\¶s condiWions. Objectives: Ɣ Refine BFCG model for city planning purposes Ɣ Forecast travel demands based on planned growth to 2040 Ɣ Evaluate future multimodal travel conditions Ɣ Identify system gaps and deficiencies to serve planned growth Work Activities: 4.1 Travel Forecasting Ɣ Document methodology to be applied for using outputs from the BFCG to create a refined subarea model, encompassing the area defined by Dent Road to the north, I-182 to the south, the Columbia River to the west, and Road 68 to the east, for use in identifying needed collector and local street level improvement to support development in northwest Pasco. Work with BFCG staff to get review and approval of the methodology. Document methodology to apply BFCG model for traffic forecasting at all other study intersections identified for analysis as part of the TSMP. Ɣ City to confirm the land use assumptions provided by BFCG and may recommend changes, as appropriaWe, Wo reflecW poWenWial changes Wo Whe ciW\¶s urban boundary (City Limits and Growth Boundary). Consultant to implement any changes to land use into a format compatible with the BFCG model. Ɣ Document regional projects that are assumed to be constructed by 2040 and are incorporated in the BFCG model. Ɣ Forecast PM peak hour traffic volumes at the study intersections using the regional travel demand model for 2040. 4.2 Performance Evaluation Ɣ Evaluate 2040 transportation system performance for driving trips using appropriate analysis methods (motor vehicle level of service) Ɣ Incorporate recommendations from previously adopted transportation plans for transit, walking and biking facilities and services. Ɣ Identify future operational deficiencies (intersections or roadway segments that do not meet operating standards) at the study roadways and intersections. Page 197 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 8 | DKS Associates November 4, 2019 Ɣ Identify additional needs to support walking and biking travel with planned growth to 2040. This could include new or upgraded dedicated walking and biking facilities, additional arterial locations enhanced arterial crossing treatments, bus shelters and other amenities. Ɣ Identify key freight and transit routes based on input from City staff and survey Ɣ Identify underlying travel demand characteristics for major future degradations that involve WSDOT facilities to better understand the context of the performance concerns. This evaluation will consider origin-destination patterns, share for freight traffic, and trip length distribution. Ɣ Document multimodal future transportation needs and other operational deficiencies that are expected with planned growth in a technical memorandum. 4.3 Coordination Meetings Ɣ Consultant will meet with City staff to review draft technical memorandum Ɣ Project team will hold Joint Work session with City Council and Planning Commission Assumptions: Ɣ Prior to making 2040 forecasts, the City will confirm the adequacy of the land use assumptions contained within the BFCG model Ɣ Consultant will work with the City to scale land use growth to 2040 back to other forecast years for 2035 and 2025. Ɣ For budgeting purposes, up to 3 locations are assumed for In-depth travel characteristics investigations involving WSDOT facilities. Deliverables: Ɣ Travel forecasting methods and assumptions memorandum Ɣ In-depth travel characteristics investigations to be conducted for WSDOT facilities with expected major degradation. Ɣ Draft and Final Technical Memo #4 - Future Multimodal Baseline Conditions Analysis Ɣ Coordination meeting to review Draft Memo. Ɣ Work session with City Council and Planning Commission. Page 198 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 9 | DKS Associates November 4, 2019 Task 5 – Review Mobility Standards The mobility standards define how the system will be built or upgraded to serve the travel demands of the City to implement the TSMP recommendations. This tasks recommends changes to standards that were identified through this plan update to implement projects and programs valued by the community. Objectives: Ɣ ReYieZ and assess Whe effecWiYeness of Whe ciW\¶s e[isWing WransporWaWion faciliWies standards related to typical cross-sections, access management, multimodal performance and development review Ɣ Recommend revisions, as appropriate, to address gaps and needs identified by the project team Work Activities: Ɣ Review current motor vehicle transportation standards (for example, intersection operations, functional classification, access management) and recommend revisions for city maintained facilities Ɣ Review traffic impact study, bicycle route and facility standards and recommend revisions Ɣ Consider alternatives to current roadway cross-section standards to include classifications based on adjacent land uses, based on feedback from project team and the general public Ɣ Develop pedestrian, bicycle and traffic calming treatment toolboxes Ɣ Propose flexible street standards for rural County streets that will be annexed into the city as development occurs. Ɣ Consider best national and international practices in Transportation Demand Management and emerging technologies in Electric and Autonomous Vehicles. Ɣ Document findings and recommendations from this task in Technical Memo #4. Assumptions: Ɣ City staff will provide existing standard drawings and documentation for review and will provide a summary document providing feedback for how the current standards are working and standard deficiencies. Deliverables: Ɣ Draft and Final Technical Memo #5 ± Recommended Mobility Standards Page 199 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 10 | DKS Associates November 4, 2019 Task 6 – Solutions Identification and Evaluation and Funding Plan This stage of the technical analysis investigates solutions that are needed to serve travel demand growth by 2040, and constrains those choices given the expected funding available to implement the supporting capital projects. Solutions identified will be a high value to the community, based on the goals and policies of the TSMP, and the needs identified in Task 4. Objectives: Ɣ Develop potential solutions to address multimodal needs and deficiencies identified through this update process, which include those already contained in adopted transportation plans Ɣ Update multimodal transportation plans to identify long-range strategies to implement arterial, collector and local street connectivity Ɣ DeYelop a phased inYesWmenW plan Wo align ZiWh Whe CiW\¶s WransporWaWion reYenXes Ɣ Organize recommended transportation investments for the 2040 TSMP and Capital Facilities Plan Ɣ Identify key transportation projects triggered by pending Urban Growth Area development. Ɣ Review transportation impact fee program and recommend updates to serve growth Work Activities: 6.1 Identify Potential Solutions Ɣ Estimate future transportation funds based on historical sources and expenditures provided by the city. Forecast funds for 2040 planning scenario. Ɣ Review deficiencies and needs relative to the improvement projects already identified in adopted plans, and highlight cases where new or expanded solutions are required. Ɣ Develop potential solutions to address remaining needs to serve growth including new roadways, upgrades to current roadway standards, and additional capacity at key intersections. 6.2 Evaluate Potential Solutions Ɣ Evaluate potential new solutions using the methods and criteria identified in Task 2 to assess their effectiveness in achieving community goals. Ɣ Prepare up to three (3) alternative travel forecasts that include key regional system improvements. Ɣ Review existing city code and administration practices related to the existing transportation impact fees (TIF) including current methodology, payment provisions and rate schedule. Recommend modifications to the TIF, as appropriate, for City staff follow up actions. Ɣ Evaluate pending Urban Growth Areas to flag potential transportation solutions that are necessary to support urban expansion. Ɣ Identify Long Term Major Street Plan Page 200 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 11 | DKS Associates November 4, 2019 Ɣ Provide maps for bikes, pedestrians, and motor vehicles that identifies solutions to existing network gaps. Ɣ Identify existing and planned transit services by Ben Franklin Transit. Ɣ Based on the above project scoring and project team discussions, recommend multimodal projects and strategies, focus on low-cost/high benefit solutions Ɣ Recommend safety improvements for high crash corridors and intersections Ɣ Review and update roadway functional classifications to reflect recommended project list Ɣ Develop Local Street Connectivity Plan based on existing parcel map. 6.3 Coordination Meetings Ɣ Consultant will meet with City staff to review draft technical memorandum Deliverables: Ɣ Draft and Final Technical Memo #6 ± Solutions Identification and Evaluation and FXQdiQg POaQ, iQcOXdiQg UecRPPeQded PRdificaWiRQV WR Whe CiW\¶V e[iVWiQg TIF. Ɣ Coordination meeting to review draft memo Page 201 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 12 | DKS Associates November 4, 2019 Task 7 – Transportation System Master Plan and Implementation Objectives: Ɣ Develop 2040 multimodal TSMP master plans Ɣ Identify phasing plans for large capital investments Ɣ Identify funding alternatives to support high priority projects Ɣ Recommend changes to current policies and development code to support implementation of the TSMP Work Activities: 7.1 Project Programming Ɣ Prepare a 2040 mobility capital facility project list with descriptions and an accompanying project map Ɣ Review project cost estimates provided in other agency plans, update as needed. Ɣ Provide planning level cost estimates for new or revised projects Ɣ UpdaWe Whe CiW\¶s CapiWal FaciliWies Plan projecW lisW based on forecasWed aYailable funding and evaluation criteria Ɣ Provide information on additional transportation revenue sources to consider for potential funding shortfalls, including updates to the existing traffic impact fee 7.2 Transportation System Master Plan Ɣ Recommend changes Wo Whe CiW\¶s land Xse and deYelopmenW ordinances and roadZa\ standards to support implementation of the TSMP Ɣ Prepare Draft and final revisions to TSMP policy and related land development requirements Ɣ Prepare an outline and layout of the TSMP document for City staff review and approval Ɣ Prepare TSMP Document 7.3 Coordination Meeting: Ɣ Hold Joint Work session with City Council and Planning Commission Assumptions: Ɣ Two draft versions of the TSMP will be produced Ɣ City staff comments will be compiled and submitted to the consultant team for action on the next draft version Ɣ One final TSMP will be produced Deliverables: Ɣ Initial Draft, Hearing Draft and Final TSMP Page 202 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 13 | DKS Associates November 4, 2019 Ɣ Joint work session with City Council and Planning Commission Ɣ Draft and Final Revisions to Transportation Policy and Land Development Code Page 203 of 296 Scope of Work for a Transportation System Master Plan For the City of Pasco, Washington Page 14 | DKS Associates November 4, 2019 Task 8 – Public Involvement Objectives: Ɣ Engage the community in the transportation system master plan process Ɣ Utilize a combination of methods and venues (formal and informal) to effectively reach out to the public Ɣ Collaborate with city staff and partnering agencies to build support and consensus around plan outcomes through Project Advisory Committee (PAC) process Work Activities: Ɣ Prepare a short public involvement plan (2-3 pages) that provides strategies for key stakeholder communication, advertisement of meetings, distribution of work products, methods to gather community input and workshop format and survey. The plan will also identify key issues that we expect to share and discuss with the public. Ɣ Kick off meeting with staff and stakeholders Ɣ Consultant to attend and facilitate up to two community open houses and two informal stakeholder meetings. Ɣ Consultant to develop online public surveys at up to three (3) points in the project. Ɣ Consultant to attend and facilitate up to four PAC meetings. Ɣ Present Draft TSMP at up to one Planning Commission hearings Ɣ Present Draft TSMP at up to one City Council hearings Ɣ Provide translation services as needed at community open houses Assumptions: Ɣ The City will support and publish all materials on their website, including project content, schedules, and deliverables Ɣ The City will select roster for Project Advisory Committee Ɣ The City will develop and circulate public flyers and newspaper editorials. Consultant will provide draft content for these publications. Deliverables: Ɣ Draft and Final Technical memorandum #7- Public Involvement Plan Ɣ Attend project and public meetings Ɣ Kick off meeting Ɣ Facilitate up to four Project Advisory Committee meetings Ɣ Facilitate up to two joint City Council and Planning Commission Work sessions Ɣ Online public surveys at up to three (3) points during the project Ɣ Attend one Planning Commission Hearing Ɣ Attend one City Council Hearing Page 204 of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age 205 of 296 AGENDA REPORT FOR: City Council October 14, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Steve Worley, Director Public Works SUBJECT: Lift Station Improvements - Amendment No. 3 to HDR Professional Services Agreement I. REFERENCE(S): Professional Services Agreement Amendment No. 1 Amendment No. 2 Amendment No. 3 Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Contract Commitments Professional Services Agreement = $312,900.00 +Amendment No. 1 = $ 0.00 (Time Extension Only) +Amendment No. 2 = $ 80,100.00 (Road 36 Detailed Design) Total Approved Agreement = $393,000.00 +Amendment No. 3 = $530,681.00 (This Agenda Item) New Total Agreement = $923,681.00 Funding for Amendment No. 3 will be from the 2017 Sewer Bond Allocations. There are sufficient funds planned to cover this additional project cost. IV. HISTORY AND FACTS BRIEF: Lift stations are a critical component to the operation of the City’s sanitary sewer system. The purpose of a lift station is to pump wastewater from lower to higher elevations. This is required when there is not sufficient elevation for gravity flow and pumping is needed to transfer the wastewater further downstream to other lift stations Page 206 of 296 or to the wastewater treatment plant. Four existing sanitary sewer lift stations (9th & Washington, Road 36, Pearl Street, and South Maitland) have individual improvements needed to meet current and future operational needs. As outlined in the City’s Capital Improvement Plan, Council Goals, and the 2019/2020 Biennial Budget, staff continues to focus on improving the efficiency, effectiveness and long-term maintenance of critical public facilities. Such efforts include the improvements to these four sanitary sewer lift stations. The City of Pasco entered into a Professional Services Agreement (hereinafter referred to as “Original Agreement”) with HDR, Inc. on September 21, 2017. The original agreement tasked HDR with evaluating three of the four sanitary sewer lift stations; 9th & WA, Road 36, and South Maitland and providing recommendations for improvements to address deficiencies and prepare these critical facilities for future demands. The fourth lift station, Pearl Street, had been previously determined to be in need of complete replacement due to its age, reliability and inadequate design for the growth within its service area. As such, the original agreement included HDR's services to provide the preliminary design for the complete replacement of the Pearl Street lift station, along with both 100% detailed design and bid documents. Pearl Street design is complete and bidding is anticipated to occur as early as January 2020. Amendment No. 1 - As noted above Contract Amendment No. 1 extended the Original Agreement with HDR from April 30, 2018 to December 31, 2019, without change to the scope or contract value. Amendment No. 2 - HDR subsequently completed their evaluation of the three above referenced lift stations and have developed recommendations for each facility per the original agreement. Based on this analysis a second contract amendment was approved in December of 2018 to provide for 100% detailed design and bid documents for the recommended Road 36 lift station improvements which consist largely of replacing worn and undersized pumps with higher capacity pumps to more efficiently accommodate current and future flows. The larger pumps will require significant modification to the existing equipment, primarily piping and electrical components. Road 36 design is currently 30% complete. V. DISCUSSION: Proposed Amendment No. 3 - The HDR evaluation provided for in the original agreement, identified additional improvements for the two remaining lift stations, 9th and WA and South Maitland. The next step in moving these projects forward is to develop detailed design and bid documents for these two major lift stations. As proposed, this amendment would task HDR to provide 100% detailed design and prepared bid documents for the 9th & WA and South Maitland lift station improvement Page 207 of 296 projects. Amendment No. 3 also includes HDR’s services during the bidding and construction phases for all four lift station improvement projects. City legal has reviewed Amendment No. 3 and has approved as to form. A draft copy is attached. Staff views Amendment No. 3 to be sufficient in scope to complete the work outlined above and find the costs to be reasonable. Accordingly, staff recommends approval of the proposed Amendment No. 3 with HDR, Inc. Page 208 of 296 PROFESSIONAL SERVICES AGREEMENT Lift Station Improvements Project THIS AGREEMENT is made and entered into between the City of Pasco,a Washington Municipal Corporation,hereina?er referred to as “City”,and HDR,hereinafter referred to as “Consultant,”on the 2l5*”dayof Sé atgmhelg ,2017. RECITALS WHEREAS,the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills,training,equipment,and other supportive capabilities;and WHEREAS,the Consultant represents that it is quali?ed and possesses suf?cient skills, experience,equipment,and necessary capabilities,including:technical and professional expertise,when required,to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW,THEREFORE,in consideration of the mutual covenants,and performances contained herein,the parties agree as follows: 1.Scope of Services.The Consultant shall perform such services and accomplish such tasks,including the furnishing of all labor,materials,facilities and equipment necessary for full performance thereof,as identified and designated as Consultant’s Responsibilities throughout this Agreement,and as more particularly described in Scope of Work detailed in Exhibit A,attached hereto and incorporated herein (the “Project”). 2.Term.This Project shall begin on the date executed above,and promptly be completed by April 1,2018. 3.Compensation and Payment. 3.]Payment for services provided hereunder shall be made following the performance of such services.Such payment shall be full compensation for work performed or services rendered,and for all labor,materials,supplies,equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identi?ed and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought.The City shall approve all invoices before payment is Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 1 of9 Page 209 of 296 4. 3.4 issued.Payment shall occur within thirty (30)days of receipt and approval of an invoice. The City shall pay the Consultant for all work performed and expenses incurred under this Agreement,as follows. E Hourly (Single Rate):$per hour plus actual expenses incurred as provided under this Agreement,but not to exceed a total of 39 without prior written authorization by the City;or Q Hourly (Multiple Rate):Such rates as identi?ed on Exhibit A,plus actual expenses incurred as provided under this Agreement,but not to exceed a total of $312,900.00 without the prior written authorization by the City;or I:Fixed Sum:A total of$;or Cl Other: Reports and Inspections. 4.] 4.2 4.3 4.4 The Consultant at such times and in such forms as the City may require,shall furnish to the City such statements,records,studies,surveys,reports,data,and information as the City may request pertaining to matters covered by this Agreement. The Consultant shall,at any time during normal business hours and as o?en as the City or the Washington State Auditor may reasonably deem necessary,make available for examination all of its records and data with respect to all matters covered,directly or indirectly,by this Agreement and shall permit the City,or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement.The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities.The City may,at its discretion,conduct an audit at its expense,using its own or outside auditors,of the Consultant’s activities which relate,directly or indirectly,to this Agreement.Consultant shall be provided a copy of such reports. The Consultant,during the term of this Agreement,shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense,and shall maintain its validity.Upon request,the Consultant shall deliver to the City copies of these licenses, registration documents,and permits or proof of their issuance or renewal. Consultant shall maintain books,records and documents,which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement,and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 2 of 9 Page 210 of 296 5. 6. 4.5 Agreement.These records shall be subject,at all reasonable times,to inspection, review,or audit as provided above. The Consultant shall retain all books,records,documents or other material relevant to this Agreement for three (3)years after its expiration.Consultant agrees that the City,or its designee,shall have full access and right to examine any ofsaid materials at all reasonable times during this period. Ownership and Use of Documents. 5.1 5.2 Public 6.] 6.2 All research,tests,surveys,preliminary data,information,drawings and documents made,collected,or prepared by the Consultant for performing the services subject to this Agreement,as well as any ?nal product,collectively referred to as “work product,”shall be deemed as the exclusive property of the City,including copyright as secured thereon.Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City.Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement,or embedded in with the materials,products and services provided thereunder,shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement.Any work product used by the Consultant in the performance of these services which it deems as “con?dential,”“proprietary,”or a “trade secret”shall be conspicuously designated as such. In the event of Consultant’s default,or in the event that this Agreement is terminated prior to its completion,the work product ofthe Consultant,along with a summary of the services performed to date of default or tennination,shall become the property of the City,and tender of the work product and summary shall be a prerequisite to ?nal payment under this Agreement.The summary of services provided shall be prepared at no additional cost,if the Agreement is terminated through default by the Consultant.If the Agreement is terminated through convenience by the City,the City agrees to pay Consultant for the preparation of the summary of services provided. Records. Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW “Public Records Act.”All preliminary drafts or notes prepared or gathered by the Consultant,and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. If the Consultant becomes a custodian of public records of the City and request for such records is received by the City,the Consultant shall respond to the request by the City for such records within ?ve (5)business days by either Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 3 of 9 Page 211 of 296 8. 6.3 providing the records,or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed.Such additional time shall not exceed twenty (20)business days unless extraordinary good cause is shown. In the event the City receives a public records request for protected work product of the Consultant within its possession,the City shall,prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10)business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. Independent Contractor Relationship. 7.1 7.2 7.3 7.4 The parties intend that an independent contractor relationship is created by this Agreement.The City is interested primarily in the results to be achieved;subject to the scope of services and the specific requirements of this Agreement,the implementation of services will lie solely with the discretion of the Consultant. No agent,employee,officer or representative ofthe Consultant shall be deemed to be an employee,agent,officer,or representative of the City for any purpose,and the employees of the Consultant are not entitled to any of the bene?ts or privileges the City provides for its employees.The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,employees,officers, subcontractors or representatives during the perfomiance of this Agreement. In the performance of the services provided in this Agreement,Consultant is an independent contractor with full authority to control and direct the performance of the details of the work,however,the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. The Consultant shall comply with all State and Federal laws including,but not limited to: 7.3.1 The definition requirements of RCW 50.04.l40 (Employment Security). 7.3.2 RCW 5l.08.l95 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. The City may,at its sole discretion,require the Consultant to remove any employee,agent or servant from employment on this Project who,in the City’s sole discretion,may be detrimental to the City’s interest. Indemni?cation. Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 4 of 9 Page 212 of 296 8.] 8.2 8.3 8.4 8.5 8.6 9.Insurance. The Consultant shall defend,indemnify,and hold harmless the City,its officers, officials,agents,employees,and volunteers from any and all claims and causes of action,including,but not limited to,actions of law or administrative proceedings for all injuries to persons or damages to property,and all losses,damages, demands,suits,judgments,including attorney fees,arising out of,or as a result of,or in connection with the work performed under this Agreement,and caused or occasioned in whole or in part by reason of errors,negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City,its of?cers, employees,agents,and volunteers. Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant,and the City,its officers,employees,agents and volunteers,the Consultant’s liability and obligation to defend hereunder shall only be the proportionate extent ofthe Consultant’s negligence. It is further agreed that the indemni?cation provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes ofthis indemni?cation. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. This indemni?cation shall include damages,penalties and attorney fees sustained as a result ofConsultant’s delayed or failed performance of Section 6 above. This waiver has been mutually negotiated by the parties,and the provisions of this section shall survive the expiration or termination of this Agreement. The Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant,its agents,representatives,employees,or subcontractors. 9.1 Minimum Scope of Insurance.Consultant shall obtain insurance of the types described below: 9.1.]Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles.Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute form providing equivalent liability coverage.If necessary,the policy shall be endorsed to provide contractual liability coverage. Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 5 of 9 Page 213 of 296 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence fomt CG 00 01 and shall cover liability arising from premises, operations,independent contractors and personal injury and advertising injury.The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers’Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consu1tant’s profession. 9.2 Minimum Amounts of Insurance.Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: )2 $1,000,000 each occurrence; E $2,000,000 general aggregate;or 1:$5 each occurrence;and $general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: >2 $1,000,000 per claim; 1X1 $1,000,000 policy aggregate limit;or Cl $per claim;and $per policy aggregate limit 9.3 Other Insurance Provisions.The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability,Professional Liability,and Commercial General Liability insurance: 9.3.1 The C0nsultant’s insurance coverage shall be primary insurance as respects the City.Any insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.2 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party,except a?er thirty (30)days prior written notice by certi?ed mail,retum receipt requested,has been given to the City. Professional Services Agreement-I-IDR,Inc. Lift Station Improvements Project Page 6 of9 Page 214 of 296 10. 11. 12. 9.4 Accegtability of Insurers.Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VlI. 9.5 Veri?cation of Coverage.Consultant shall furnish the City with original certi?cates and a copy of the amendatory endorsements,including,but not necessarily limited to,the additional insured endorsement evidencing the insurance requirements of the Consultant before commencement of the work. Nondiscrimination.In the performance of this Agreement,the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed,color,national origin,sex,marital status,age or the presence of any sensory, mental or physical handicap;provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved.The Consultant shall ensure that applicants are employed,and that employees are treated during employment in the performance of this Agreement without discrimination because of their race,creed,color, national origin,sex,marital status,age or the presence of any sensory,mental or physical handicap.Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local,State and Federal laws prohibiting discrimination in employment. Covenant Against Contingent Fees.The Consultant warrants that it has not employed nor retained any company,?rm,or person,other than a bona ?de employee working exclusively for the Consultant,to solicit or secure this Agreement;and that it has not paid or agreed to pay any company,person or ?rm,other than a bona ?de employee working exclusively for the Consultant,any fee,commission,percentage,brokerage fee,gift,or other consideration contingent upon or resulting from the award or making of this Agreement.For breach or violation of this warranty,the City shall have the right to terminate this Agreement. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique quali?cations to perform these services.The Consultant shall not assign (or subcontract other than as speci?cally identi?ed in Exhibit A)its performance under this Agreement or any portions of this Agreement without the prior written consent of the City,which consent must be sought at least thirty (30)days prior to the date of any proposed assignment. 12.2 Any work or servicesassigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6,Public Records;Section 10, Nondiscrimination;proper bidding procedures where applicable;and all local, State and Federal statutes,ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. Professional Services Agreement-HDR,lnc. Li?Station Improvements Project Page 7 of 9 Page 215 of 296 13.Termination. 13.1 Termination for Convenience.Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10)business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause.lfthe Consultant fails to perform in the manner called for in this Agreement,or ifthe Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof,the City may terminate this Agreement for cause.Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default.The Consultant will only be paid for services and expenses complying with the terms ofthis Agreement,incurred prior to termination. 14.General Provisions. 14.1 For the purpose ofthis Agreement,time is ofthe essence. 14.2 Name.Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators. 14.2.2 Certi?ed mail to the physical address of the parties,or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City:Dan Ford,P.E.,or his/her designee City of Pasco 525 North 3"’ PO Box 293 Pasco WA 99301 (e—mailaddress) 14.3.2 For the Consultant:Tom 1-lelgeson,P.E.,or his/her designee HDR,Inc 2805 Saint Andrews Loop —Suite A Pasco,WA 99301 Thomas.Helgeson@hdrinc.com (e—mailaddress) 15.Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 8 of 9 Page 216 of 296 hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement,breach,default,or interpretation of this Agreement,the Project Administrators,or their designees, shall first meet in a good faith effort to resolve such dispute.In the event the dispute cannot be resolved by agreement of the parties,said dispute shall be resolvedby arbitration pursuant to RCW 7.04A,as amended,with both parties waiving the right of ajury trial upon trial de novo,with venue placed in Pasco, Franklin County,Washington.The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award andjudgment against the other. 16.Nonwaiver.Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision ofthis Agreement. 17.Integration.This Agreement between the parties consists in its entirety of this document and any exhibits,schedules or attachments veri?ed by initials as a part of Exhibit A.Any modi?cation of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18.Authorization.By signature below,each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO,WASHINGTON CONSULTANT / ' ''Kl‘/w‘é@//3 / Dave Zabel "anager(I-lDRi,Inc. L:,\9,.\e{F,A (I ATTEST;Karen Doherty Sr.Vice President ',City Clerk Daniela,Er-‘.dLsay;' APPROVED AS TO FORM: ._$»;d/was Leland B.Kerr,City Attorney Professional Services Agreement-HDR,Inc. Li?Station Improvements Project Page 9 of9 Page 217 of 296 City of Pasco,Washington Lift Station Improvements Scope of Services July 2017 I-D?2805 Saint Andrews Loop Suite A Pasco,WA 99301 (509)546-2040 Page 218 of 296 l-D? Table of Contents Background ....................................... ....................................... ................................... ..1 9”‘and Washington LiftStation ................................................. ............... .... Pearl Street Lift Station ..1 Road 36 Lift Station ..........1 Maitland Lift Station .................................................. ........................ .. General Scope ...................................... ...................................... ................................. ..2 General Assumptions ..................................... ..................................... ....................... ..2 Scope of Services Task 100 Project Management..... Objective ................... HDR Services Client Responsibilities ............ Assumptions .......................... Deliverables..................................................... Task 200 Non-Design Work (9"'/Washington,Maitland and Road 36 Lift Stations).4 Objective ............. HDR Services .. Client Responsibilities Assumptions Deliverables Task 300 Preliminary Design Work (Pearl Street and Road 36 Lift Stations)...........6 Objective .............................................. .............................................. ............... ..6 HDR Services ............................... Subconsultant Services ................ Client Responsibi|ities.... Assumptions .................. Deliverables ......................................................... Task 400 Detailed Design of the Pearl Street Lift Station.. Objective ................. HDR Services Schedule ............................................ Fee ............................................................ Attachment 1:Drawing List ............. Attachment 2:Specification List ....................................... .......... ..15 Sanitary LiftStation Services i Scope of Services Page 219 of 296 i-D? EXHIBIT A SCOPE OF SERVICES Background The City of Pasco (City)owns and operates several sanitary lift stations as part of its collection, conveyance and treatment of domestic sanitary sewage for its residents.The City desires to consider various improvements to four of these stations,as generally described below: 9"‘and Washington Lift Station This station is a critical collection system asset and requires several mechanical maintenance upgrades.These upgrades are divided into two phases,with the first phase including equipment replacements not requiring detailed engineering plans and intended for execution by City forces under normal maintenance procedures or under City's Small Works process in the case of fencing or similar work. Replacement of these items is contingent on their condition;limited evaluation of the existing items is to be part of the phase 1 work. Phase 2 of the 9"‘and Washington upgrades may include HVAC improvements,pump and discharge header replacement,and flowmeter bypass.it may also include items identified during phase 1 that may be deferred based on complexity and/or cost.Phase 2 efforts are not included in this scope of work but may be added through amendment at agreement of City and HDR. Pearl Street Lift Station This is a legacy station located on Pearl Street near the intersection of 14”‘Avenue.Operational issues (access,obsolescence,etc.)require that this station be replaced with a new submersible station located in the alley to the immediate south of the station. Road 36 Lift Station The Road 36 liftstation is a critical facility responsible for conveying flows from the northern development area of Pasco.This area has seen significant growth and the station is operating near the limits of its hydraulic capacity. The City desires to ultimately increase throughput capacity for this station to accommodate existing and future growth.In addition,certain lift station equipment has begun to experience increased maintenance as they reach the limits of mechanical life and capacity. Improvements to the Road 36 lift station shall occur in two phases,with the first phase addressing definition of design flows,identification of a replacement or interim pump,and partial development of engineering plans. Phase 2 of the Road 36 improvements will include development of final design documents and is not included in this scope of work.Phase 2 work may be added to this project through amendment at agreement of City and HDR. Sanitary Lift Station Services 1 Scope of Services Page 220 of 296 F3? Maitland Lift Station The Maitland lift station is a mature asset that experiences a wide range of flow conditions.In order to accommodate this flow range,City desires to add small capacity pumping capability. General Scope HDR will provide professional service to City intended to meet the overall objectives described above subject to the limitations discussed herein. Specifically,HDR will provide non—design services to accommodate the work required for the 9"‘ and Washington and Maitland lift station.These non—design services will focus on operability, practical condition assessments,and provision of specifications and/or technical descriptions of equipment that will support execution under typical maintenance activities (e.g.,self—performor minor works type projects).Work for these two stations shall not include detailed evaluation, modeling,or design/construction documents. For the Pearl Street and Road 36 lift stations,HDR will perform engineering and design services to achieve full construction documents for replacement of the Pearl Street liftstation and limited preliminary design for the Road 36 lift station.Documents provided for Road 36 lift station shall not be in a form suitable for construction,but rather for the future completion of design.As part of the Road 36 work,a suitable design flow shall be developed. Work for each of the liftstations is described in detail below. General Assumptions The following general assumptions are common to all tasks under this scope of work unless stated otherwise: 0 Anticipated subsurface conditions do not include groundwater or “black sand,”which can be a cohesionless,uniformly graded sand that is black in color,occasionally encountered in City. -City staff will review and submit one set of consolidated and reconciled comments on all submittals transmitted by HDR within two weeks of the date of transmittal. -Unless noted otherwise,all submittals identified in the following task descriptions will be electronic submittals in PDF format transmitted via email with larger documents requiring downloading using HDR’s Slingshot email attachment handling software. Scope of Services Task 100 Project Management Objective The purpose of this task is to monitor,control and adjust scope,schedule,and budget as well as provide monthly status reporting,accounting,and invoicing. HDFI Services Under this task,HDR shall: 1.Prepare a Project Management Plan (Project Guide)outlining the project scope,team organization,schedule,and communications information. Sanitary Lift Station Services 2 Scope of Sen/ices Page 221 of 296 I-3? 2.Coordinate and manage the project team. Subcontract with and manage project subconsultants. 4.Coordinate and hold a project kickoff meeting with key City staff (City Project Manager,O&M representative,procurement representative and others as needed)to initiate formal project activities.HDR attendees shall be the Project Manager,Technical Lead,Senior Engineer and Project Engineer.The meeting shall be held either at City provided space or at HDR’s Pasoo office. Prepare monthly status reports describing the following: Services completed during the month Services planned for the next month Needs for additional information Scope/schedule/budget issues Schedule update and financial status summary Prepare monthly invoices formatted in accordance with contract terms. !'”.U.0P°.> 7.Attend monthly project management meetings with City Project Manager to review project scope,schedule,and budget issues. Client Responsibilities 1. 2.Timely processing and payment of invoices. 3. 4.City will provide the following reference documents: Attend kickoff and project management meetings. Review and process contract change requests and amendments,if needed. 0 City of Pasoo Comprehensive Sewer Plan 0 City of Pasco Pump Station Rehabilitation Contract Drawings -SE Pasoo Pumping Station &Hillsboro Interceptor As—BuiltDrawings I As—BuiltDrawings of each facility -City records of City utilities in the vicinity of each pump station 0 CCTV of the Force Main from the Pearl Street LiftStation 0 Hydrographs and future flow conditions from the MSA Sewer Model for the 9th & Washington,Maitland,Pearl Street,and Road 36 Lift Stations 0 Plat and Easement Information Assumptions 1. 2. The project duration will be nine (9)months. One project management meeting will be held per month with three (3)hours of project manager time will be required for each meeting preparation,attendance,fo|low—up,and notes. Invoices will be HDR standard invoice format. Expense backup will not be provided with invoices but will be available for review at HDR. Sanitary Lift Station Services 3 Scope of Services Page 222 of 296 I-D? Deliverables 1.Project Management Plan (Project Guide)(PDF file). Kickoff meeting materials and meeting summary. Monthly reports and invoices (one copy with invoice can be mailed or e—mailedPDF file) Monthly project schedule and budget updates. Project management meeting agenda and notes (e—mailed PDF files). Task 200 Non-Design Work (9"‘IWashington,Maitland and Road 36 Lift Stations) . °‘: ".‘ -°! ° Objective The objective of this Task Group is to provide a generalized assessment of lift station physical condition and development of technical memoranda supporting necessary lift station improvements capable of being executed by existing City forces or by award under City’s Small Works process. Such elements are expected to include the items listed below,but are contingent on actual condition and criticality of need as will be determined: 0 9"‘and Washington 0 Replace pump discharge plug valves Replace pump suction valves with gate valves Replace check valves Replace the transfer switch Replace the harmonic conditioner Replace wet well hatches Improve access to drywell Install a perimeter fence Replace the flowmeter 0 Maitland 0 Add small capacity pump (“jockey pump”)to pre—existing mounting and pipe manifold -Road 36 o Recommend a replacement pump and procurement method (rental,purchase, etc.) OOOOOOOO HDR Services Under this task,HDR shall: 1.Hold a desktop and field meeting with appropriate City staff to develop the data necessary to identify equipment being replaced.Desktop meeting shall discuss specific equipment and operability concerns;equipment cutsheets,O&M manual information and City maintenance records shall be available as possible.The field portion of the meeting will be conducted in order to photo document and physically observe conditions.Initialthoughts and approaches shall be considered in these sessions with the intent of making field—basedengineering decisions as to needs and priorities. 2.Conduct investigation and evaluation of equipment upgrade options. Sanitary LiftStation Services 4 Scope of Services Page 223 of 296 l-D? Hold a meeting with City Project Manager and O&M representative to review recommendations.The purpose of this meeting is to develop a list of equipment to be specifically included in a technical memorandum. Produce a technical memorandum describing recommended replacement/improvement strategies.This will be submitted as a draft which will be modified based on City comments. Develop specifications for use by City procurement for the acquisition of materials to implement recommended replacement/improvement.HDR will not prepare contract documents related to installation or construction activities,but will review City—prepared documents related to the replacement/improvement item.Such reviews shall not exceed twenty—four(24)hours without prior written authorization and may result in the need for budget amendment. Provide limited field observation/support during the City’s implementation of replacement/improvement activities.This support is limited to a total of twenty four (24) hours and is assumed to require one travel event for a project team member. Sub-Consultant Services Electrical Engineering Conley Engineering,as a sub—consultantto HDR,will provide electrical engineering consultation services to include: 1. .°":".‘4°!\’ Site visit/presence at the desktop/field session Identify and recommend approaches to electrical issues Attend,via telcon,a debrief session on recommendations Prepare up to four (4)electrical equipment specifications Provide one site visit for undefined field observation/troubleshooting support (single day,no overnight travel) Client Responsibilities 1 .Provide requested information and documents,when available,on a timely basis (as agreed to at time of request). Provide responsible and qualified staff to attend meetings,including field activities. Provide comments/edits to draft technical memorandum in a single consolidated document (preferably in “mark—upand strikethrough”mode). Development,issuance and administration of procurement/contract documents necessary to implement the recommendations. Assumptions 1 .Deliverables will not include design drawings nor will a formal stamped specification package be prepared.Specifications are intended to supplement City procurement documents for routine material/equipment purchases. Replacement/improvement activities are limited to the listing shown in the “Objective” paragraph of this task.Additional activities resulting from field discovery may result in increased effort,budget and schedule. Sanitary LiftStation Services 5 Scope of Services Page 224 of 296 I-D? 3.Underground investigation of existing utilities is not included in this task.Recommendations will be based on existing utility maps and as—builts,the accuracy thereof being the responsibility of City. 4.The desktop/field meetings shall occur in the course of a single day,not to exceed eight hours during normal working times.HDR participants shall be the Technical Lead and Project Engineer. Deliverables 1.Meeting materials and summary for the desktop/field meeting. 2.Meeting materials and summary for the recommendation review meeting. 3.Draft technical memorandum in Microsoft Word format in “track changes”mode. 4.Final technical memorandum. 5.Draft materials specifications for the items listed above. 6.Comments and messages related to additional assistance. Task 300 Preliminary Design Work (Pearl Street and Road 36 Lift Stations) Objective Under this task,HDR shall review past documentation regarding the Pearl Street and Road 36 lift stations and prepare a Basis of Design memorandum (BODM)summarizing the design guidelines which will be used to move forward with detailed design. HDR Services 1.Reference Documents.Collect,review,and list reference documents utilized in preparation for the BODMs.At a minimum,HDR expects to utilize the following reference documents: City of Pasco Comprehensive Sewer Plan City of Pasco Pump Station Rehabilitation Contract Drawings SE Pasco Pumping Station &Hillsboro Interceptor As—BuiltDrawings As—BuiltDrawings of each facility City records of City utilities in the vicinity of each pump station CCTV of the Force Main from the Pearl Street LiftStation Hydrographs and future flow conditions from the MSA Sewer Model for the 9th & Washington,Maitland,Pearl Street,and Road 36 Lift Stations -Plat and Easement Information Utility Research.Research the location of utilities within the affected areas of the Pearl Street and Road 36 LiftStations based on existing available utility maps.Buried utility maps will be requested from the affected agencies as identified from 811 inquiry. Kickoff Meeting.Conduct a site visit and kickoff meeting with the City. 4.Opinion of Probable Construction Cost.Develop two Class 4 Opinion of Probable Construction Costs (OPCC).Each OPCC shall be prepared in accordance with the guidelines of AACE International.OPCC’s will be broken out for the following projects and included in the BODM: Sanitary Lift Station Services 6 Scope of Services Page 225 of 296 5. I-D? Pearl Street LiftStation -Road 36 Lift Station. Basis of Design Memorandum.Provide BODMwith a chapter on each pump station.The BODM will define and document existing site conditions and proposed improvements for the projects.The BODM will identify the applicable design standards,provide opinions of probable construction costs,and include attachments such as select sketches, recommended equipment manufacturers,SEPA checklist,and decision logs.The BODM will discuss the following attributes: -Pearl Street Lift Station 0 Replace the existing lift station to meet current system needs and design,electrical, and safety codes. 0 Sliplining/Open Trench —Review and compare sliplining and open trench alternatives for replacing the sewer force main. 0 Easement/Right—of-Way —Research and review existing easements and determine if additional easements will be required.Summarize the existing and proposed easement impacts. 0 Develop conceptual layouts for the following alternative locations,and recommend a preferred location: -In the alley to the south and across the street of the existing liftstation location. -At the southeast corner of the intersection of Pearl Street and 15"‘Avenue 0 Road 36 Lift Station 0 Develop recommended design for expanded capability of the lift station to meet future capacity needs based upon projected flows Sub-consultant Services Electrical Engineering Conley Engineering,as a sub-consultant to HDR,will provide electrical engineering consultation services to include: 1. .°‘:'>‘.5°!" Site visit (to coincide with visit under Task 200 above). Definition of applicable codes/standards. Development of a generalized |&C approach in coordination with City's current standards. Preparation of single line diagrams for each station. Identification of major equipment items and approximate costs. Geotechnical Investigation Shannon and Wilson,as a sub-consultant to HDR,will provide geotechnical investigation and consultation services for the Pearl Street station to include: 1.Perform one boring,at a site to be determined,to a depth of approximately 40 feet below surface.Perform SPT and collect samples at 2.5 foot inten/als. 2.The boring will be backfilled in accordance with Department of Ecology requirements. Prepare a geotechnical engineering report summarizing observations,exploration, engineering analysis and design/construction recommendations.Deep excavation shoring Sanitary Lift Station Services 7 Scope of Services Page 226 of 296 4. I-D? recommendations will be based upon a sheet piling approach and will not consider other alternatives. No geotechnical services shall be provided for the 9"‘and Washington,Maitland,or Road 36 Lift Station sites. Survey Rogers Surveying (Rogers),as a sub consultant to HDR,will: 1. 5. Contact the local one-call utility location agency prior to commencing surveying activities so that the utility markings provided by the agency can be captured once surveying begins. Establish vertical and horizontal survey control points for use in the surveying,construction surveys,and for use in preparing any legal descriptions.The points will be based upon the City of Pasco‘s horizontal and vertical datum. Perform field sun/eying of the Pearl Street LiftStation.Survey will include: Site topography Contours Centerline and edge of pavements including curb,gutter,and sidewalks Sewer manhole inverts and rims Measure the sewer pipe diameters in each manhole Water lines with elevation of the tops of valve nuts and locations of valve boxes Drainage ditches,channels and structures .I.0-""!"".U.0.W.> Any other relevant utilities or features Existing Utilities such as natural gas,water,power,fiber optics,etc. Perform field surveying of the Road 36 LiftStation.Survey will include: A.Site topography B.Contours C.Profile survey of Road 36 roadway surface from intersection of Tusayn Drive to intersection of Meadow Beauty Drive Centerline and edge of pavements including curb,gutter,and sidewalks Measure the sewer pipe diameters in each manhole Waterlines with elevation of the tops of valve nuts and locations of valve boxes Drainage ditches,channels,and structures I,0.'”.“".U Any other relevant utilities or features Existing utilities such as natural gas,water,power,fiber optics,etc... No surveying services will be performed at the 9"‘/Washingtonor Maitland Lift Station site. Client Responsibilities 1.Provide all requested reference documents and information on a timely basis. Sanitary Lift Station Services 8 Scope of Services Page 227 of 296 F3? 2.Drilling assistance for management of cuttings and responding to issues with neighbors,if required. 3.initiate discussions for additional land and right—of-wayfrom the Port of Pasco for a new Road 36 LiftStation and work with the Port to determine if there are any restrictions due to proximity to the Ports airport operations. Condition assessment support. Easement information. Provide HDR and sub-consultants access to sites. Review BODM and provide consolidated review comments. .“P’$":" Assumptions 1.A field assessment will require a 4 hour site visit by 2 HDR employees and will require travel time for two out-of—townparticipants. 2.The project kickoff meeting will be held at a location provided by the City or HDFt’sPasco office. 3.Engineering reports are not required to be submitted to Ecology (ref.email from Diana Washington,Ecology,to Jay Decker,HDR,dated February 13,2017). 4.An electronic PDF draft and final BODM will be submitted to the City. 5.For the Road 36 Lift Station,the City will review the existing sewer and force main issues as a separate project. Deliverables 1.Draft and Final BODM. 2.Geotechnical Engineering Report. Task 400 Detailed Design of the Pearl Street Lift Station Objective Under this task,HDR will prepare detailed construction documents for the replacement of the Pearl Street LiftStation.Detailed design shall be based upon the findings in the Final Basis of Design Memorandum. HDR Services 1.Field Investigations A.Identify locations at the Pearl Street Lift Station where utility potholing will be required.It is expected that 5 potholes will be required for the Project.Potholing information will be used to adjust the location of the Pearl Street Lift Station or to relocate utilities if necessary. 2.Prepare Plans and Specifications A.Prepare three sets of plans,technical specifications,and contract documents based on the design concepts and criteria developed in Task 300.HDR will prepare 75%and Sanitary Lift Station Services 9 Scope of Services Page 228 of 296 l-3'2 100°/o submittals for design of a new Pearl Street Lift Station and replacement/sliplining its existing force main. B.Drawings will be prepared in digital format on AutoCAD Civil 3D 2016.Specifications will be prepared using the fifty division format of the Construction Specifications Institute (CSI).HDR’s standard master technical specifications also includes the Engineer’s Joint Council Documents Committee (EJCDC)of construction contract general conditions. The contract documents will be prepared for a lump sum award basis.A preliminary list of drawings can be found in Attachment 1 and a preliminary list of specifications can be found in Attachment 2 of this scope of work.The 75%submittals will only include drawings as marked in Attachment 1,whereas the 100%submittals will include all drawings and specifications noted in Attachments 1and 2. 3.Design Documents A.HDR will submit 75%,and 100%design documents to the City. B.Design drawings will be provided to the City as half—sizeformat PDF files. C.Specifications shall be provided in PDF format. 4.OPCC A.HDR will review and revise the OPCC from the preliminary design stage. B.HDR will develop an OPCC for the 75%and 100%design documents.The 75%OPCC shall be a Class 3 estimate and the 100%OPCC shall be a Class 2 estimate. 5.Submittals and Document Finalization A.Submit final documents to Ecology and the City.Address review comments and produce 100%documents for final project execution. 6.Comment Review Meeting A.HDR will hold a comment review meeting with the City after their review of the 75% design documents. Sub-consultant Services Electrical Engineering Conley Engineering,as a sub-consultant to HDR,will provide electrical engineering consultation services to include: 1.Attendance at internal and external detailed design kickoff via telcon. 2.Preparation of content for electrical design drawings. 3.Preparation of specifications as applicable. City Responsibilities 1.Obtain and provide copies of Easements and Right-of—Way. 2.Obtain and provide copies of rights of entry. 3.Potholing for the field investigations.Provide vertical and horizontal locations of potholes referenced to existing infrastructure. 4.Provide HDR,Conley,Rogers,and Shannon &Wilson with access to the liftstation sites. Sanitary LiftStation Sen/ices 10 Scope of Services Page 229 of 296 5. F3? Design a fiber optic extension to the new lift station controls and provide the media converters/switches at either end.Conley will coordinate with the City for showing the fiber extension on the plans. Provide consolidated review comments at the 75%and 100%review stages within two weeks of design document transmittal. Assumptions 1. 2. 9. Ecology will not require preparation of hydraulic profiles. The replacement/relocation of Pearl Street will require new SCADA/telemetry equipment. The City's existing tone gear telemetry is outdated.The City has installed fiber optic cable to the existing dry pit,and has standardized on Allen Bradley Microloglc PLCs for control.This proposal assumes that the City (IS services)will design the extension of the fiber to the new lift station controls,and will provide the media convertors/switches at either end,with FtJ—45 communication port connections for the PLCs.We will coordinate with the City for showing the fiber extension on the plans. PLC programming will be by others.(The City has a chosen vendor to provide PLC programming,and will contract directly for PLC programming.) HMI programming will be by others.(The City has a chosen vendor to provide HMI programming,and will contract directly for HMI programming.) Review of the PLC and/or HMI programs is not included in the scope of work. ‘ Existing facilities that are replaced or not planned for use in the future pump station will be' marked for demolition in the drawing set as appropriate.Generally this will be accomplished through photos of existing facilities and/or scanned record drawings where available.A detailed interior survey of the pump stations will not be completed. The Review Meetings will be attended in person by the Design Lead and Senior Engineer. Project Manager will participate via phone.Travel time is included in the budget and will be based on coming into Pasco the day before the meeting and leaving the following day. Two copies of the 100%design documents (drawings will be half size)will be provided to Ecology. An electronic PDF of the and 100%design documents will be submitted to the City. Deliverables 75%Design Drawings for Pearl Street Lift Station. 100%Design Documents for the Pearl Street Lift Station. Sanitary Lift Station Sen/ices 11 Scope of Services Page 230 of 296 Schedum F)? The milestone schedule presented in the table below is based upon an assumed notice to proceed date no later than August 21,2017.Please note the schedule shown below includes time for Quality Control (QC)reviews.HDR is allowing itself one week for QC reviews on each deliverable and two weeks have been scheduled for each City review.A detailed schedule will be prepared and maintained as part of the project. Milestones Date Notice to Proceed August 21,2017 Task 200 —Non—DesignWork TM October 16,2017 Task 300 —Preliminary Design Completion December 7,2017 Task 400 —100%Design Documents Apnl30,2018 Fee The estimated fee for this scope of work is detailed below.Fees shall be earned on a time and materials basis. Task Labor Expense Total 100 —Project Management $35,600 $3,900 $39,500 200-Non—DesignWork $34,600 $13,500 $48,100 300 —Preliminary Design 35 49,400 $52,500 $101,900 400 —Detailed Design 53100,800 $22,600 $123,400 TOTAL $220,400 $92,500 $312,900 Sanitary LiftStation Services 12 Scope of Services Page 231 of 296 I-D? Attachment 1:Drawing List Sanitary Lift Station Services 13 Scope of Services Page 232 of 296 I-3? Preliminary Drawing List for the Pearl Street Lift Station DESIENN%‘if§ETR SHEETTITLE X G-01 COVER SHEET,DRAWING INDEX,AND LOCATIONMAPS X G—02 LEGEND AND ABBREVIATIONS ELECTRICALAND INSTRUMENTATION LEGEND AND X G~O3 ABBREVIATIONS X G-04 DESIGN CRITERIA G—05 EXISTING GEOTECHNICALSITE INFORMATION X C-01 SITE DEMOLITIONPLAN X C-02 SITE PLAN X C-03 SITE PIPING AND CONSTRUCTIONSTAGING PLAN X 004 SITE GRADING AND PAVING PLAN C-05 SITE SECTIONS AND DETAILS C-O6 FORCE MAIN PLAN &PROFILES C-07 FORCE MAIN SECTIONS AND DETAILS X L—01 LANDSCAPE PLAN AND DETAILS X P—1 WETWELLPLAN AND SECTIONS P—2 DETAILS X E-1 SITE PLAN AND DEMOLITIONPLAN E—2 ELECTRICAL POWER PLAN AND GROUNDING PLAN X E—3 ELECTRICALPLAN E—4 MCC ELEVATIONS AND DIAGRAMS E—5 CONTROL DIAGRAMSAND DETAILS E-6 ELECTRICALDETAILS X I-1 P&ID AND SYSTEM BLOCK DIAGRAM I-2 CONTROL COMMUNICATIONSYSTEM I-3 INSTRUMENTATIONDETAILS Sanitary Lift Station Services 14 Scope of Services Page 233 of 296 i-3'2 Attachment 2:Specification List Sanitary Lift Station Services 15 Scope of Sen/ices Page 234 of 296 I-3'2 Preliminary Specifications List for the Pearl Street Lift Station Spec # J_ CSI #Name DIVISION0 —BIDDINGREQUIREMENTS,CONTRACT FORMS,AND CONDITIONSOF THE CONTRACT 1.0011 16 INVITATIONTO BID 2.00 2013 INSTRUCTIONS TO BIDDERS 3.00 43 93 BIDDER CHECKLIST 4.O0 2213 PREVAILINGWAGE RATES 5.O0 43 36 PROPOSED SUBCONTRACTORS 6.00 43 37 PROPOSED SUPPLIERS 7.00 51 00 NOTICE OF AWARD/LIMITEDNOTICE TO PROCEED 8.00 55 00 NOTICE TO PROCEED 9.00 5511 ACCEPTANCE OF NOTICE TO PROCEED GOVERNMENT AGENCY RULES AND REGULATOINS 10.00 35 O0 FORMS 11.00 41 13 EJCDC C-410 BID FORM 12.00 43 13 EJCDC C-430 BID BOND (PENAL SUM FORM) 13.00 4315 EJCDC C-435 BID BOND (DAMAGES FORM) 14.00 52 13 EJCDC C-520 AGREEMENT 15.00 61 13 EJCDC C-610 PERFORMANCE BOND 16.00 61 14 EJCDC C-615 PAYMENT BOND 17.00 62 14 CERTIFICATE OF LIABILITYINSURANCE 18.00 7213 EJCDC C-700 GENERAL CONDITIONS 19.00 73 00 EJCDC C-800 SUPPLEMENTARY CONDITIONS DIVISION1 —GENERAL REQUIREMENTS 20.O1 11 00 SUMMARYOF WORK 21.01 30 00 SPECIAL CONDITIONS 22.O1 61 05 MAJOR EQUIPMENT SUPPLIERS 23.01 22 00 MEASUREMENTAND PAYMENT 24.01 26 13 REQUESTS FOR INFORMATION(RFI) 25.01 3216 CONSTRUCTIONSCHEDULE 26.O1 33 00 SUBMITTALS 27.01 33 O4 OPERATION AND MAINTENANCEMANUALS 28.O1 29 73 SCHEDULE OF VALUES 29.01 43 O0 QUALITY ASSURANCE 30.O1 55 26 VEHICULARACCESS AND PARKING ENVIRONMENTALPROTECTION AND SPECIAL 31.O1 35 05 CONTROLS 32.01 65 50 PRODUCT DELIVERY STORAGE AND HANDLING 33.01 25 13 PRODUCT SUBSTITUTIONS Sanitary LiftStation Services 16 Scope of Services Page 235 of 296 I-D? Spec #CSI #Name 34.O1 61 O3 EQUIPEMENT:BASIC REQUIREMENTS 35.01 75 00 SYSTEM STARTUP 36.01 77 00 CLOSEOUT PROCEDURES 37.O1 7413 CLEANING 38.01 73 20 OPENINGS AND PENETRATIONS IN CONSTRUCTION 39.01 73 29 DEMOLITION,CUTTING AND PATCHING DIVISION3 -CONCRETE CONCRETE FINISHING AND REPAIR OF SURFACE 40.0335 O0 DEFECTS 41.03 41 33 PRECAST AND PRESTRESSED CONCRETE DIVISION5 —METALS 42.O5 50 O0 METAL FABRICATIONS DIVISION6 —WOOD 43.O6 10 O0 ROUGH CARPENTRY DIVISION8 —OPENINGS 44.08 31 O0 ACCESS DOORS DIVISION9 -FINISHES 45.O9 96 53 SPRAYED CORROSION-RESISTANT LINING DIVISION10 -SPECIALTIES 46.10 14 O0 IDENTIFICATIONDEVICES 47.1014 23 SIGNAGE DIVISION26 —ELECTRICAL 48.26 05 00 ELECTRICAL:BASIC REQUIREMENTS 49.26 O5 19 WIRING AND CABLE:600 VOLT AND BELOW 50.26 05 26 GROUNDING 51.26 O5 33 RACEWAYS AND BOXES 52.26 O5 43 ELECTRICAL:EXTERIOR UNDERGROUND 53.26 0913 ELECTRICALMETERING DEVICES 54.26 O9 16 CONTROL EQUIPMENT ACCESSORIES 55.26 22 13 DRY—TYPETRANSFORMERS 56.26 24 16 PANELBOARDS 57.26 24 19 MOTOR CONTROL EQUIPMENT 58.26 27 26 WIRING DEVICES OVER CURRENT AND SHORT—C|RCUIT PROTECTIVE 59.26 28 00 DEVICES 60.26 28 16 SAFETY SWITCHES 61.26 29 23 VARIABLEFREQUENCY DRIVES —LOW VOLTAGE 62,26 09 16 CONTROL EQUIPMENT ACCESSORIES Sanitary LiftStation Services 17 Scope of Services Page 236 of 296 I-D? Spec #CSI #Name 63.26 36 00 TRANSFER SWITCHES 64.26 43 13 LOW VOLTAGE SURGE PROTECTION DEVICES DIVISION31 —EARTHWORK 65.31 10 O0 SITE CLEARING 66.31 23 O0 EARTHWORK TRENCHING,BACKFILLING,AND COMPACTING FOR 67.31 23 33 UTILITIES 68.31 25 00 SOIL EROSION AND SEDIMENT CONTROL DIVISION32 —EXTERIOR IMPROVEMENTS 69.32 12 16 ASPHALTICCONCRETE VEHICULARPAVING DIVISION33 —UTILITIES 70.33 01 99 SLIP LININGOF EXISTING PIPE 71.33 0515 PRECAST CONCRETE UTILITYSTRUCTURES 72.33 05 16 PRECAST CONCRETE MANHOLESTRUCTURES DIVISION40 —PROCESS INTERCONNECTIONS 73.40 05 00 PIPE AND PIPE FITTINGS:BASIC REQUIRMENTS 74.40 05 O7 PIPE SUPPORT SYSTEMS 75.40 0519 PIPE:DUCTILE 76.40 O5 51 VALVES:BASIC REQUIREMENTS 77.40 05 52 MISCELLANEOUSVALVES 78.40 05 61 GATE VALVES 79.40 05 62 PLUG VALVES 80.40 05 66 CHECK VALVES 81.40 71 00 FLOW INSTRUMENTATION 82.40 72 00 LEVEL INSTRUMENTATION INSTRUMENTATIONFOR PROCESS CONTROL:BASIC 83.40 90 00 REQUIREMENTS 84.40 90 05 CONTROL LOOP DESCRIPTIONS 85.40 91 10 PRIMARYMETERS AND TRANSMITTERS PROGRAMMABLE LOGIC CONTROLLER (PLC)CONTROL 86.40 94 43 SYSTEM COMPUTER NETWORK AND HUMANMACHINE 87.40 62 16 INTERFACE (HMI)HARDWARE 88.40 97 00 CONTROL AUXILIARIES 89.40 98 00 CONTROL PANELS AND ENCLOSURES DIVISION43 —PROCESS GAS AND LIQUID HANDLING,PURIFICATION,AND STORGE EQUIPMENT 90.43 21 O0 PUMPING EQUIPMENT:BASIC REQUIREMENTS 91.43 2513 PUMPING EQUIPMENT:SUBMERSIBLE NON-CLOG Sanitary Lift Station Services 18 Scope of Services Page 237 of 296 Amendment No. 1 to Professional Services Agreement Page 1 HDR Lift Station Improvements Project AMENDMENT NUMBER 1 to PROFESSIONAL SERVICES AGREEMENT Lift Station Improvements Project WHEREAS, the City and HDR entered into a Professional Services Agreement on 9/21/2017 to provide engineering services with respect to the Lift Station Improvements project. NOW, THEREFORE, this agreement is amended to allow HDR to extend the contract end date. 1. Scope of Work: No Change 2. Fee: No Change 3. Time of performance: The services shall be complete for the project on or before 12/31/2019. DATED THIS 30th DAY OF March, 2018. CITY OF PASCO: CONSULTANT NAME: Dave Zabell, City Manager HDR, Inc. ATTEST: Daniela Erickson, City Clerk Page 238 of 296 AMENDMENT NUMBER 2 to PROFESSIONAL SERVICES AGREEMENT éwr/43vwIrt0vf'#‘=/3oz3—z_ Lift Station Improvements Project WHEREAS,the City and HDR entered into a Professional Services Agreement on 9/21/2017 to provide engineering services with respect to the Lift Station Improvements project. NOW,THEREFORE,this agreement is amended to allow HDR to extend the additional scope of work as described below. 1.Scope of Work: ‘Additionaldesign services scope for Road 36 Lift Station Design. See attached Exhibit A 2._F_e§ The compensation for this work is based on a Time and Materials Basis not to exceed the amount of $80,100 for a total authorization amount of $393,000.00 3‘Time of gerformance: The services shall be complete for the project on or before 12/31/2019. DATED THIS 18”‘DAY OF DECEMBER,2018. CITY OF PASCO:CONSULTANT ND.H.D2.,.iae— H01 Enanhceri?’r,‘_¢_‘ ATTEST:lL‘“"‘M.Dourb} »Sr.\/:1;D,¢§;JM_i_ M Daniela Erickson,City Cler Amendment No.2 to Professional Services Agreement Page I HDR Lift Station Improvements Project Page 239 of 296 EXHIBITA City of Pasco,Washington Lift Station Improvements #2 Amendment~#-1 to Scope of Services December 2018 2805 Saint Andrews Loop Suite A Pasco,WA 99301 (509)546-2040 Page 240 of 296 l-D? Table of Contents Background ........................... 9"‘and Washington Lift Station Pearl Street Lift Station ...........................................1 Road 36 Lift Station ..............................................1 Maitland Lift Station .......................................................... ................................ ..2 General Scope .............................................................. ...................... .. General Assumptions ..........................................2 Scope of Services .............................................2 Task 100 Project Management —REVISED Objective .................... HDR Services Client Responsibilities Assumptions .................. Deliverables ................................................................ ...................................... ..3 Task 200 Non-Design Work (9"'IWashington,Maitland and Road 36 Lift Stations)— NOT REVISED .................................................... .................................................... ..... ..3 Task 300 Preliminary Design Work (Pearl Street and Road 36 Lift Stations)-NOT REVISED .......................................................3 Task 400 Detailed Design of the Pearl Street Lift Station —NOT REVISED ..............3 Task 500 Detailed Design of Road 36 Lift Station Improvements -NEW TASK ... Objective .................................................................. ......................................... ..3 HDR Services ............... City Responsibilities ...... Schedule ..................................................... ..................................................... ............ ..6 Fee ............................................................... ........................ .. Attachment 3:Road 36 Lift Station Drawing List.... Attachment 4:Road 36 Lift Station Specification List.. Sanitary Lift Station Services i Scope of Services (Amendment 1) Page 241 of 296 I-3'2 EXHIBIT A SCOPE OF SERVICES Background The City of Pasco (City)owns and operates several sanitary lift stations as part of its collection, conveyance and treatment of domestic sanitary sewage for its residents.The City desires to consider various improvements to four of these stations,as generally described below: 9"‘and Washington Lift Station This station is a critical collection system asset and requires several mechanical maintenance upgrades.These upgrades are divided into two phases,with the ?rst phase including equipment replacements not requiring detailed engineering plans and intended for execution by City forces under normal maintenance procedures or under City's Small Works process in the case of fencing or similar work. Replacement of these items is contingent on their condition;limited evaluation of the existing items is to be part of the phase 1 work. Phase 2 of the 9"‘and Washington upgrades may include HVAC improvements,pump and discharge header replacement,and flowmeter bypass.It may also include items identified during phase 1 that may be deferred based on complexity and/or cost.Phase 2 efforts are not included in this scope of work but may be added through amendment at agreement of City and HDR. Pearl Street Lift Station This is a legacy station located on Pearl Street near the intersection of 14"‘Avenue.Operational issues (access,obsolescence,etc.)require that this station be replaced with a new submersible station located in the alley to the immediate south of the station.Phase 2 efforts are not included in this scope of work but may be added through amendment at agreement of City and HDR. Road 36 Lift Station The Road 36 lift station is a critical facility responsible for conveying ?ows from the northern development area of Pasco.This area has seen significant growth and the station is operating near the limits of its hydraulic capacity. The City desires to ultimately increase throughput capacity for this station to accommodate existing and future growth.In addition,certain lift station equipment has begun to experience increased maintenance as they reach the limits of mechanical life and capacity. Improvements to the Road 36 lift station shall occur in two phases,with the first phase (which was included in the original scope of sen/ices)addressing definition of design ?ows, identification of a replacement or interim pump,and partial development of engineering plans. The purpose of this amendment is to include phase 2 of the Road 36 improvements which includes development of final design documents. Sanitary Lift Station Services 1 Scope of Services (Amendment 1) Page 242 of 296 I-3'2 Maitland Lift Station The Maitland lift station is a mature asset that experiences a wide range of flow conditions.In order to accommodate this ?ow range,City desires to add small capacity pumping capability. Phase 2 efforts are not included in this scope of work but may be added through amendment at agreement of City and HDR. General Scope The objective of this amended scope is for HDR to perform engineering and design services to achieve full construction documents for the Phase 2 Road 36 Lift Station Improvements which generally includes the following: Replace existing pumps Upgrade electrical equipment for new pumps Replace wet well top and hatches Install parallel 8 inch force main General Assumptions The following general assumptions are common to all tasks under this scope of work unless stated othewvise: o Anticipated subsurface conditions do not include groundwater or “black sand,”which can be a cohesionless,uniformly graded sand that is black in color,occasionally encountered in City. -City staff will review and submit one set of consolidated and reconciled comments on all submittals transmitted by HDR within two weeks of the date of transmittal. -Unless noted otherwise,all submittals identified in the following task descriptions will be electronic submittals in PDF format transmitted via email with larger documents requiring downloading using HDR’s Slingshot email attachment handling software. Scope of Services Task 100 Project Management -REVISED Objective The purpose of this task is to monitor,control and adjust scope,schedule,and budget as well as provide monthly status reporting,accounting,and invoicing. HDR Services Under this amendment,HDR shall continue to provide project management services as described in the original Scope of Work for the revised term of this agreement. Client Responsibilities -No changes to Client Responsibilities from master/original agreement. Assumptions 1.The project duration will be extended to December 31,2019. Sanitary Lift Station Services 2 Scope of Services (Amendment 1) Page 243 of 296 I-3'2 Deliverables -Monthly progress reporting will continue through revised end of project. Task 200 Non-Design Work (9"‘lWashington,Maitland and Road 36 Lift Stations)—NOT REVISED No changes to Task 200 Task 300 Preliminary Design Work (Pearl Street and Road 36 Lift Stations)—NOT REVISED No changes to Task 300 Task 400 Detailed Design of the Pearl Street Lift Station —NOT REVISED Task 500 Detailed Design of Road 36 Lift Station Improvements -NEW TASK Objective Under this task,HDR will prepare detailed construction documents for the improvements recommended in the Operational and Safety improvements Technical Memorandum prepared for the Li?Station Improvements project and submitted to the City on November 2,2018. Specifically.this design includes: o Final design and specification of two submersible pumps that will operate in fill and draw mode with only one pump running.Each pump will be designed to handle two design points.The first design point will be for a peak hour ?ow of 705 gpm and the second will be for a peak hour ?ow of 1,116 gpm. 0 Upgrades to wet well hatch to accommodate larger pumps o Verification of electrical loads and upgrades to electrical components -Design of approximately 1,420 LF of an eight-inch forcemain to replace the existing six- inch main terminating at an existing manhole near the intersection of Road 36 and Tusayn Road. HDR Services 1.Field Investigations A.Identify locations at the Road 36 Lift Station and forcemain where utility potholing will be required.It is expected that up to 5 potholes will be required for the Project.Potholing information will be used to adjust the location of the Road 36 forcemain or to relocate utilities if necessary. 2.Prepare Plans and Specifications A.Prepare plans,specifications,and contract documents based on the design concepts and criteria developed in the Technical Memorandum.HDR will prepare 60%,90%,and Bid Documents submittals for design of improvements to the Road 36 Lift Station and replacement of its existing force main. Sanitary LiftStation Services 3 Scope of Services (Amendment 1) Page 244 of 296 l-D? B.Drawings will be prepared in digital format on AutoCAD Civil 3D 2018.A preliminary list of drawings can be found in Attachment 3 C.Division 00 and 01 specifications will be prepared using the ?fty division format of the Construction Specifications Institute (CSI).HDR’s standard master technical specifications also includes the Engineers Joint Council Documents Committee (EJCDC)of construction contract general conditions.A preliminary list of specifications can be found in Attachment 4 of this scope of work. D.The 60%submittals will only include drawings as marked in Attachment 3,whereas the 90%submittals will include all drawings and specifications noted in Attachments 3 and 4. E.The contract documents will be prepared for a lump sum award (contractor)basis. Design Documents A.HDR will submit 60%,90%,and Final Bidding documents to the City. B.Design drawings will be provided to the City as half-size format PDF files. C.Specifications shall be provided in PDF format. Opinion of Probable Construction Costs (OPCC) A.HDR will review and revise the AACE OPCC from the preliminary design stage. B.HDR will develop an OPCC for the 60%and 90%design documents.The 60%OPCC shall be an AACE Class 3 estimate and the 90%OPCC shall be an AACE Class 2 estimate. Submittals and Document Finalization A.Submit 90%design documents to Ecology and the City.Address review comments and produce final bidding documents for project execution. Comment Review Meeting A.HDR will hold a comment review meeting with the City after their review of the 60% design documents. City Responsibilities 1. 2. 3. Obtain and provide copies of Easements and Right-of-Way. Obtain and provide copies of rights of entry. Potholing for the field investigations.Provide vertical and horizontal locations of potholes referenced to existing infrastructure. Provide HDR access to the lift station site. Design a fiber optic extension to the new lift station controls and provide the media converters/switches at either end.HDR will coordinate with the City for showing the ?ber extension on the plans. Provide consolidated review comments at the 60%and 90%review stages within two weeks of design document transmittal. Assumptions 1. 2. Sanitary Lift Station Services 4 Technical specifications will be included on the drawings as notes. Ecology will not require preparation of hydraulic profiles. Scope of Services (Amendment 1) Page 245 of 296 I-D? Ecology comments will be provided within 90 days of submission. The new force main alignment will use existing easements.Preparation of additional easements is not included in this scope of work. Permitting services are not included in this scope of work. 6.A field assessment of the Road 36 Lift Station's electrical components will require a 8 hour 10. 11. 12. 13. 14. site visit by 2 HDR employees and will require travel time (to/from Spokane)for technical disciplines. HDR anticipates upgrading the following electrical components as part of this work: A.Power supply B.Back-up generator C.Electrical equipment such as the electrical panel This proposal assumes that the City (IS services)will design the extension of the fiber to the new lift station controls,and will provide the media converters/switches at either end,with RJ-45 communication port connections for the PLCs.We will coordinate with the City for showing the fiber extension on the plans.The Road 36 Lift Station will require new SCADA/telemetry equipment. PLC programming will be by others.(The City has a chosen vendor to provide PLC programming,and will contract directly for PLC programming.) HMI programming will be by others.(The City has a chosen vendor to provide HMI programming.and will contract directly for HMI programming.) Review of the PLC and/or HMI programs is not included in the scope of work. The Review Meetings will be attended in person by the Design Lead and Senior Engineer. Project Manager will participate via phone.Travel time is included in the budget and will be based on coming into Pasco the day before the meeting and leaving the following day. Three copies of the 90%design documents (drawings will be half size)will be provided to Ecology. An electronic PDF of the 60%and 90%design documents will be submitted to the City. Deliverables -60%Design Drawings for Road 36 Lift Station. -90%Design Documents for the Road 36 Lift Station. -Final Bidding Documents. Sanitary Lift Station Services 5 Scope of Services (Amendment 1) Page 246 of 296 l-D? Schedule The milestone schedule presented in the table below is revised based upon an extension through December 31,2019.Please note the schedule shown below includes time for Quality Control (QC)reviews.HDR is allowing itself one week for QC reviews on each deliverable and two weeks have been scheduled for each City review,A detailed schedule will be prepared and maintained as part of the project. Milestones Date Task 500 -Detailed Design of Road 36 Lift Station Improvements Notice To Proceed 1/14/2019 60%Design Submittal 2/25/2019 60%Design Review Meeting 3/11/2019 90%Design Submittal 4/8/2019 90%Design Review Meeting 4/23/2019 Receive Ecology Comments 8/12/2019 Bid-Ready Submittal 8/26/2019 Fee The REVISED fee for this scope of work is detailed below.Fees shall be earned on a time and materials basis.This revision results in a net increase of fee to $80,000. Task Labor Expense Total 100 —Project Management $6,800 $100 $6,900 500 —Detailed Design of $72,700 $500 $73,200 Road 36 Lift Station Improvements TOTAL $80,100 For planning purposes,this revised fee is allocated to the four lift stations as follows: Task 9"‘&South Pearl Road 36 Total Washington Maitland Street 100 —Project $0 $0 $0 $6,900 $6,900 Management 500 —Detailed $0 $0 $0 $73,200 $73,200 Design of Road 36 LiftStation Improvements TOTAL $0 $0 $0 $80,100 $80,100 Sanitary LiftStation Services 6 Scope of Services (Amendment 1) Page 247 of 296 I-3? Attachment 3:Road 36 Lift Station Drawing List Sanitary LiftStation Services 7 Scope of Services (Amendment 1) Page 248 of 296 Prelimina Drawing List for the Road 36 Lift Station 60%SHEET I-3'2 DESIGN NUMBER SHEET TITLE X G-01 COVER SHEET,DRAWING INDEX,AND LOCATION MAPS X G-02 GENERAL NOTES,ABBREVIATIONS,AND LEGEND X-O1 DEMOLITION SITE PLAN C-01 CIVIL NOTES (SPECIFICATIONS) X C-O2 SITE PLAN X C-O3 FORCEMAIN PLAN &PROFILE STA 0+00 to 10+00 (1”=40’) X C-04 FORCEMAIN PLAN 8.PROFILE STA 10+00 to 14+20 (1”=40’) C-05 CIVIL DETAILS S-01 GENERAL STRUCTRUAL NOTES (SPECIFICATIONS) X S-02 LIFT STATION STRUCTURAL DETAILS D-01 PROCESS MECHANICAL NOTES (SPECIFICATIONS) X D-02 WET\NELL PLAN AND SECTIONS D-O3 PROCESS DETAILS E-01 ELECTRICAL NOTES (SPECIFICATIONS) X E-02 ELECTRICAL SITE PLAN E-O3 ONE-LINE DIAGRAM E-04 ELECTRICAL CONDUIT AND WIRING BLOCK DIAGRAM E-O5 ELECTRICAL CONTROL DIAGRAM X I-1 P&|D AND SYSTEM BLOCK DIAGRAM Sanitary LiftStation Services Scope of Services (Amendment 1) Page 249 of 296 I-3'2 Attachment 4:Road 36 Lift Station Specification List Sanitary Lift Station Services 9 Scope of Services (Amendment 1) Page 250 of 296 Preliminary Specifications List for the Road 36 Lift Station l-3? Spec #CSI #Name Division 0 -Bidding Requirements,Contract Forms,and Conditions of the Contract 1 00 11 16 Invitation to Bid 2 00 20 13 Instructions to Bidders 3 00 22 13 Prevailing Wage Rates 4 00 43 93 Bidder Checklist 5 00 43 36 Proposed Subcontractors 6 00 43 37 Proposed Suppliers 7 O0 51 00 Notice of Award/Limited Notice to Proceed 8 00 55 00 Notice to Proceed 9 00 55 11 Acceptance of Notice to Proceed 10 00 35 00 Government Agency Rules and Regulations Forms 11 00 41 13 EJCDC C-410 Bid Form 12 00 43 13 EJCDC C-430 Bid Bond (Penal Sum Form) 13 00 43 15 EJCDC C-435 Bid Bond (Damages Form) 14 00 52 13 EJCDC C-520 Agreement 15 00 61 13 EJCDC C-610 Performance Bond 16 00 61 14 EJCDC C-615 Payment Bond 17 00 62 14 Certificate of Liability insurance 18 00 72 13 EJCDC C-700 General Conditions 19 00 73 00 EJCDC C-800 Supplementary Conditions Division 1 -General Requirements 20 01 11 00 Summary of Work 21 01 11 20 Job Conditions 22 01 21 00 Allowance 23 01 25 13 Product Substitutions 24 01 26 13 Requests for Information 25 01 29 73 Schedule of Values 26 01 30 00 Special Conditions 27 01 31 19 Project Meeting 28 01 32 16 Construction Schedule 29 01 33 00 Submittals 30 01 33 04 Operation and Maintenance Manuals 31 01 35 05 Environmental Protection and Special Controls 32 01 61 03 Equipment:Basic Requirements 33 01 65 50 Product Delivery Storage and Handling 34 01 71 14 Mobilization and Demobilization 35 01 73 29 Demolition,Cutting and Patching 36 01 74 13 Cleaning 37 01 75 00 System Startup Sanitary Lift Station Services 10 Scope of Services (Amendment 1) Page 251 of 296 Amendment No. 3 to Professional Services Agreement Page 1 HDR Engineering, Inc Lift Station Improvements Project AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT LIFT STATION IMPROVEMENTS PROJECT AGREEMENT NO. 18203-3 WHEREAS, the City and HDR Engineering, Inc. entered into a Professional Services Agreement on 9/21/2017 to provide engineering services with respect to the Lift Station Improvements project. NOW, THEREFORE, this agreement is amended to allow HDR Engineering, Inc. to provide additional engineering services as described below. 1. Scope of Work: HDR Engineering will be continuing to provide project management support for the Lift Station Improvements as well adding construction support services duties to the project scope. See Exhibit A for a detailed Scope of Work 2. Fee: The basis of compensation for (1) the additional design scope performed is Fixed Sum, and (2) construction support services performed is Hourly (multiple rate), but not to exceed a total amount of $530,681.00 for a total authorization amount of $923,681.00. 3. Time of performance: The services shall be complete for the project on or before 12/31/2020. DATED THIS 4th DAY OF NOVEMBER, 2019. CITY OF PASCO: CONSULTANT NAME: City of Pasco HDR Engineering, Inc. Dave Zabell, City Manager ATTEST: ______________________________ Debra C. Barham, City Clerk Page 252 of 296 2805 Saint Andrews Loop Suite A Pasco, WA 99301 (509) 546-2040 City of Pasco, Washington Lift Station Improvements Amendment #3 to Scope of Services October 2019 Page 253 of 296 Sanitary Lift Station Services i Scope of Services (Amendment 3) Table of Contents Background ................................................................................................................... 1 9th and Washington Lift Station ........................................................................... 1 Pearl Street Lift Station ....................................................................................... 1 Road 36 Lift Station ............................................................................................ 1 Maitland Lift Station ............................................................................................ 2 General Scope ............................................................................................................... 2 General Assumptions ................................................................................................... 2 Scope of Services ......................................................................................................... 2 Task 100 Project Management – REVISED ................................................................. 2 Objective ............................................................................................................. 2 HDR Services ..................................................................................................... 2 Client Responsibilities ......................................................................................... 2 Assumptions ....................................................................................................... 2 Deliverables ........................................................................................................ 3 Task 200 Non-Design Work (9th/Washington, Maitland and Road 36 Lift Stations) – NOT REVISED ............................................................................................................... 3 Task 300 Preliminary Design Work (Pearl Street and Road 36 Lift Stations) – NOT REVISED ....................................................................................................................... 3 Task 400 Detailed Design of the Pearl Street Lift Station – REVISED ....................... 3 Objective ............................................................................................................. 3 HDR Services ..................................................................................................... 3 Sub-Consultant Services ..................................................................................... 3 City Responsibilities ............................................................................................ 3 Assumptions ....................................................................................................... 4 Deliverables ........................................................................................................ 4 Task 500 Detailed Design of Road 36 Lift Station Improvements – REVISED .......... 4 Objective ............................................................................................................. 4 HDR Services ..................................................................................................... 4 Sub-Consultant Services ..................................................................................... 4 City Responsibilities ............................................................................................ 4 Assumptions ....................................................................................................... 5 Deliverables ........................................................................................................ 5 Task 600 Detailed Design of 9th & Washington Improvements ................................. 5 Objective ............................................................................................................. 5 HDR Services ..................................................................................................... 5 Sub-Consultant Services ..................................................................................... 6 City Responsibilities ............................................................................................ 6 Assumptions ....................................................................................................... 7 Deliverables ........................................................................................................ 7 Page 254 of 296 Sanitary Lift Station Services ii Scope of Services (Amendment 3) Task 700 Detailed Design of South Maitland Improvements ..................................... 7 Objective ............................................................................................................. 7 HDR Services ..................................................................................................... 7 Sub-Consultant Services ..................................................................................... 8 City Responsibilities ............................................................................................ 8 Assumptions ....................................................................................................... 9 Deliverables ........................................................................................................ 9 Task 800 Construction Phase Support Services ........................................................ 9 Objective ............................................................................................................. 9 HDR Services ..................................................................................................... 9 Sub-Consultant Services ....................................................................................10 City Responsibilities ...........................................................................................11 Assumptions ......................................................................................................11 Deliverables .......................................................................................................13 Task 900 Construction Phase Field Services ............................................................13 Objective: ...........................................................................................................13 HDR Services ....................................................................................................13 Sub-Consultant Services ....................................................................................14 City Responsibilities ...........................................................................................14 Assumptions ......................................................................................................15 Deliverables .......................................................................................................16 Task 1000 Construction Close-Out ............................................................................16 Objective ............................................................................................................16 HDR Services ....................................................................................................16 Sub-Consultant Services ....................................................................................17 Assumptions ......................................................................................................17 Deliverables .......................................................................................................17 Task 1100 Undistributed Budget ................................................................................18 Objective ............................................................................................................18 HDR Services ....................................................................................................18 Subconsultant Services......................................................................................18 City Responsibilities ...........................................................................................18 Assumptions ......................................................................................................18 Deliverables .......................................................................................................18 Schedule ...................................................................................................................... 18 Fee ................................................................................................................................ 19 Effect of This Amendment ..................................................................................20 Breakdown by Lift Station ..................................................................................21 Attachment 4: Task 600 Drawing List .......................................................................22 Attachment 5: Task 600 Specification List ...............................................................24 Attachment 6: Task 700 Drawing List .......................................................................27 Page 255 of 296 Sanitary Lift Station Services iii Scope of Services (Amendment 3) Attachment 7: Task 700 Specification List ...............................................................29 Attachment 8: Estimated Labor Hours .......................................................................32 Attachment 9: Schedule .............................................................................................34 Page 256 of 296 Sanitary Lift Station Services iv Scope of Services (Amendment 3) THIS PAGE INTENTIONALLY LEFT BLANK Page 257 of 296 Sanitary Lift Station Services 1 Scope of Services (Amendment 3) EXHIBIT A SCOPE OF SERVICES Background The City of Pasco (City) owns and operates several sanitary lift stations as part of its collection, conveyance and treatment of domestic sanitary sewage for its residents. The City desires to consider various improvements to four of these stations: · 9th and Washington Lift Station · Pearl Street Lift Station · Road 36 Lift Station · Maitland Lift Station 9th and Washington Lift Station This station is a critical collection system asset and requires several mechanical maintenance upgrades. These upgrades are divided into two phases, with the first phase including equipment replacements not requiring detailed engineering plans and intended for execution by City forces under normal maintenance procedures or under City’s Small Works process in the case of fencing or similar work. Replacement of these items is contingent on their condition; limited evaluation of the existing items is to be part of the phase 1 work. Amendment #3 implements Phase 2 of the work and includes the preparation of construction documents to facilitate the work recommended in the Technical Memorandum. Amendment #3 also includes construction phase services for this lift station. Pearl Street Lift Station This is a legacy station located on Pearl Street near the intersection of 14th Avenue. Operational issues (access, obsolescence, etc.) require that this station be replaced with a new submersible station located in the alley to the immediate south of the station. Amendment #3 includes bid support and construction phase services for this lift station. Road 36 Lift Station The Road 36 lift station is a critical facility responsible for conveying flows from the northern development area of Pasco. This area has seen significant growth and the station is operating near the limits of its hydraulic capacity. The City desires to ultimately increase throughput capacity for this station to accommodate existing and future growth. In addition, certain lift station equipment has begun to experience increased maintenance as they reach the limits of mechanical life and capacity. Improvements to the Road 36 lift station shall occur in two phases, with the first phase (which was included in the original scope of services) addressing definition of design flows, identification of a replacement or interim pump, and partial development of engineering plans. Amendment #2 added phase 2 of the Road 36 Lift Station project, which includes development of construction documents. Amendment #3 includes bid support and construction phase services for this lift station. Page 258 of 296 Sanitary Lift Station Services 2 Scope of Services (Amendment 3) Maitland Lift Station The Maitland lift station is a mature asset that experiences a wide range of flow conditions. In order to accommodate this flow range, City desires to add small capacity pumping capability. Amendment #3 includes the preparation of construction documents to facilitate the addition of a small capacity pump. Amendment #3 also includes bid support and construction phase services for this lift station. General Scope Amendment #3 is for HDR to prepare additional construction documents for the improvements at the 9th & Washington and South Maitland Lift Stations and provide construction support services for the Pearl Street, Road 36, 9th & Washington, and South Maitland Lift Stations. General Assumptions The following general assumptions are common to all tasks under this scope of work unless stated otherwise: · City staff will review and submit one set of consolidated and reconciled comments on all submittals transmitted by HDR within two weeks of the date of transmittal. · Unless noted otherwise, all submittals identified in the following task descriptions will be electronic submittals in PDF format transmitted via email, with larger documents requiring downloading using HDR’s OneDrive file transfer system. · City will be the lead and administer the construction phase services and perform construction inspections. · City will be the main point of contact for the Contractor, during construction phases. · HDR will assist the City during the construction phase as the design representative. Scope of Services Task 100 Project Management – REVISED Objective The purpose of this task is to monitor, control and adjust scope, schedule, budget, and provide monthly status reporting, accounting, and invoicing. HDR Services Under Amendment #3, HDR shall continue to provide project management services as described in the original Scope of Work for the revised term of this agreement. City Responsibilities 1. No changes to Client Responsibilities Assumptions 1. The project duration will be extended to December 31, 2020. 2. Monthly progress reports will be submitted no later than the 25th of each month. Page 259 of 296 Sanitary Lift Station Services 3 Scope of Services (Amendment 3) Deliverables 1. Monthly progress reporting will continue through revised end of project. Task 200 Non-Design Work (9th/Washington, Maitland and Road 36 Lift Stations) – NOT REVISED Task 300 Preliminary Design Work (Pearl Street and Road 36 Lift Stations) – NOT REVISED Task 400 Detailed Design of the Pearl Street Lift Station – REVISED Objective Under Amendment #3, HDR will answer questions during bidding, publish addenda, and attend a pre-bid meeting. The duration of this task is from initial advertising and publication of contract documents through opening and evaluation of the bids. HDR Services 1. Respond to questions. Provide up to 16 hours of consulting time to answer questions from prospective construction bidders. Questions and answers will be addressed in writing only. 2. Prepare bid document addenda. Based on comments and questions received, prepare up to two addenda to clarify the documents and/or address comments made during the bid period. HDR has allocated up to 16 hours to prepare addenda. 3. Attend pre-bid meeting. Project Manager will attend pre-bid meeting to answer questions regarding the plans and specifications. HDR has allocated 2 hours for this task. 4. Bid review. Assist the City in the evaluation of bids and provide recommendation for award. HDR has allocated up to 2 hours for this task. Sub-Consultant Services Trindera Engineering HDR will subcontract Trindera Engineering to provide the following series for Pearl Street: 1. Provide a maximum of 16 hours to review and respond to requests for approval and clarifications during the bid period. City Responsibilities 1. Advertisement of construction bid package. 2. Distribution of bid documents and addenda. 3. Maintenance of plan holders list. 4. Provide facilities for holding pre-bid meeting. Page 260 of 296 Sanitary Lift Station Services 4 Scope of Services (Amendment 3) Assumptions 1. Pre-bid meeting will be non-mandatory and may include site visit. 2. Written responses to bid questions from potential general contractors will be in electronic format to the City. Deliverables 1. Electronic copies of addenda to be provided to the City for distribution to bidders. 2. Bid tabulation and recommendation for award. Task 500 Detailed Design of Road 36 Lift Station Improvements – REVISED Objective Under Amendment #3, HDR will answer questions during bidding, publish addenda, and attend a pre-bid meeting. The duration of this task is from initial advertising and publication of contract documents through opening and evaluation of the bids. HDR Services 1. Respond to questions. Provide up to 8 hours of consulting time to answer questions from prospective construction bidders. Questions and answers will be addressed in writing only. 2. Prepare bid document addenda. Based on comments and questions received, prepare up to two addenda to clarify the documents and/or address comments made during the bid period. HDR has allocated up to 8 hours to prepare addenda. 3. Attend pre-bid meeting. Project Manager will attend pre-bid meeting to answer questions regarding the plans and specifications. HDR has allocated 2 hours for this task. 4. Bid review. Assist the City in the evaluation of bids and provide recommendation for award. HDR has allocated up to 2 hours for this task. Sub-Consultant Services Trindera Engineering HDR will subcontract Trindera Engineering to provide the following services for Road 36: 1. Provide a maximum of 16 hours to review and respond to requests for approval and clarifications during the bid period. City Responsibilities 1. Advertisement of construction bid package. 2. Distribution of bid documents and addenda. 3. Maintenance of plan holders list. 4. Provide facilities for holding pre-bid meeting. Page 261 of 296 Sanitary Lift Station Services 5 Scope of Services (Amendment 3) Assumptions 1. Pre-bid meeting will be non-mandatory and may include site visit. 2. Written responses to bid questions from potential general contractors will be in electronic format to the City. Deliverables 1. Electronic copies of addenda to be provided to the City for distribution to bidders. 2. Bid tabulation and recommendation for award. Task 600 Detailed Design of 9th & Washington Improvements Objective Under this task, HDR will prepare detailed construction documents for the following improvements recommended in the Operational and Safety improvements Technical Memorandum (TM) prepared for the Lift Station Improvements project and submitted to the City on January 21, 2019; which include: · Replacement and relocation of pump isolation and check valves in the pump station’s drywell and in the pump station’s valve vault · Replacement of three wetwell access hatches · Improving the drywell access · Installation of a perimeter fence · Replacement of the flow meter · Replacement of the transfer switch · Replacement of the active harmonic filter · Relocation of the wetwell electrical connections · Relocation of the pump termination boxes to the drywell support channels HDR Services 1. Structural Analysis A. Perform a structural analysis of the drywell support channels to verify that the added weight of the termination boxes and associated hardware will not overload the existing support channels. 2. Prepare Construction Documents A. Prepare drawings in AutoCAD Civil 3D for the improvements listed above based on the design concepts and criteria developed in Task 200. A preliminary list of drawings can be found in Attachment 4. B. Specifications that were developed in Task 200 for the 9th & Washington improvements will be incorporated into a bid set. A preliminary list of specifications that will be included with this bid set can be found in Attachment 5. C. HDR will develop a Class 2 OPCC for the draft and final design documents. D. HDR will submit draft and final design documents to the City. E. Design documents will be provided in PDF format. Page 262 of 296 Sanitary Lift Station Services 6 Scope of Services (Amendment 3) 3. Submittals and Document Finalization HDR will submit the draft design documents to the City for review. HDR will review and provide responses for all City comments. The final submittal is for the City to verify that their comments have been incorporated, it is anticipated that there will be no changes to the final design documents. 4. Comment Review Meeting HDR will hold a comment review meeting with the City after their review of the draft design documents. 5. Bid Support A. Respond to questions. Provide up to 8 hours of consulting time to answer questions from prospective construction bidders. Questions and answers will be addressed in writing only. B. Prepare bid document addenda. Based on comments and questions received, prepare up to two addenda to clarify the documents and/or address comments made during the bid period. HDR has allocated up to 8 hours to prepare addenda. C. Attend pre-bid meeting. Project Manager will attend pre-bid meeting to answer questions regarding the plans and specifications. HDR has allocated 2 hours for this task. D. Bid review. Assist the City in the evaluation of bids and provide recommendation for award. HDR has allocated up to 2 hours for this task. Sub-Consultant Services Rogers Survey HDR will subcontract Rogers Survey to provide the following services for 9th & WA: 1. Perform a boundary survey at the 9th & Washington Lift Station in order to determine property lines and define true property corners of the City’s parcel. 2. Provide a legal description. Trindera Engineering HDR will subcontract Trindera Engineering to provide the following series for 9th & WA: 1. Prepare electrical drawings for the replacement of the transfer switch, active harmonic filter, and relocation of the pump termination boxes. A preliminary list of drawings can be found in Attachment 4. 2. Electrical specifications that were developed during Task 200 for the 9th & WA lift station improvements listed above will be incorporated into a bid set. A preliminary list of specifications that will be included with this bid set can be found in Attachment 5. 3. Provide a maximum of 4 hours to review questions and provide responses during the construction bid period. City Responsibilities During design and the preparation of construction documents, the City’s responsibilities are: 1. Provide HDR and subconsultants access to the lift station site. Page 263 of 296 Sanitary Lift Station Services 7 Scope of Services (Amendment 3) 2. Provide consolidated review comments for the draft design documents within two weeks of design document transmittal. 3. Prepare for and participate in meetings. 4. Advertisement of construction bid packages. 5. Distribution of bid documents and addenda. 6. Maintenance of plan holders list. 7. Provide facilities for holding pre-bid meeting. Assumptions 1. If necessary, additional structural design required by the structural analysis of the support channels will be covered under Task 1100. 2. HDR will use the City of Pasco’s standard front end specifications. 3. One site visit of the 9th & Washington Lift Station will be performed. Participants shall be HDR’s Technical Lead and the Electrical Engineer. 4. Permitting services are not included in this scope of work. 5. An electronic PDF of the draft design documents will be submitted to the City. 6. Pre-bid meeting will be non-mandatory and may include site visit. 7. Written responses to bid questions from potential general contractors will be in electronic format to the City. Deliverables 1. Draft design documents. 2. Final design documents. 3. Electronic copies of addenda to be provided to the City of distribution to bidders. 4. Bid tabulation and recommendation for award. Task 700 Detailed Design of South Maitland Improvements Objective Under this task, HDR will prepare detailed construction documents for the installation of a small capacity pump in the drywell of the South Maitland Lift Station. HDR Services 1. Prepare Construction Documents A. Prepare drawings in AutoCAD Civil 3D for the installation of the small capacity pump based on the design concepts and criteria developed in Task 200. A preliminary list of drawings can be found in Attachment 6. B. Specifications will be prepared using a combination of the City’s Standard Specifications and HDR’s Construction Specification Institute (CSI) based master specifications. A preliminary list of specifications can be found in Attachment 7. Page 264 of 296 Sanitary Lift Station Services 8 Scope of Services (Amendment 3) C. HDR will develop a Class 2 OPCC for the draft and final design documents. D. HDR will submit draft and final design documents to the City. E. Design documents will be provided in PDF format. 2. Submittals and Document Finalization HDR will submit the draft design documents to the City for review. HDR will review and provide responses for all City comments. The final submittal is for the City to verify that their comments have been incorporated, it is anticipated that there will be no changes to the final design documents. 3. Comment Review Meeting HDR will hold a comment review meeting with the City after their review of the draft design documents. 4. Bid Support A. Respond to questions. Provide up to 2 hours of consulting time to answer questions from prospective construction bidders. Questions and answers will be addressed in writing only. B. Prepare bid document addenda. Based on comments and questions received, prepare up to one addenda to clarify the documents and/or address comments made during the bid period. HDR has allocated up to 2 hours to prepare addenda. C. Attend pre-bid meeting. Project Manager will attend pre-bid meeting to answer questions regarding the plans and specifications. HDR has allocated 2 hours for this task. D. Bid review. Assist the City in the evaluation of bids and provide recommendation for award. HDR has allocated up to 2 hours for this task. Sub-Consultant Services Trindera Engineering HDR will subcontract Trindera Engineering to provide the following services for South Maitland: 1. Prepare electrical and instrumentation drawings associated with the new small capacity pump. A preliminary list of drawings can be found in Attachment 6. 2. Prepare electrical and instrumentation specifications associated with the new small capacity pump. A preliminary list of specifications that will be included with this bid set can be found in Attachment 7. 3. Provide a maximum of 2 hours to review and respond to requests for approval and clarifications during the bid period. City Responsibilities 1. Provide HDR and subconsultants access to the lift station site. 2. Provide consolidated review comments for the draft design documents within two weeks of design document transmittal. 3. Prepare for and participate in meetings. 4. Advertisement for bids. Page 265 of 296 Sanitary Lift Station Services 9 Scope of Services (Amendment 3) 5. Distribution of bid documents and addenda. 6. Maintenance of plan holders list. 7. Provide facilities for holding pre-bid meeting. Assumptions 1. HDR will use the City of Pasco’s standard front end specifications. 2. Permitting services are not included in this scope of work. 3. An electronic PDF of the draft design documents will be submitted to the City. 4. Pre-bid meeting will be non-mandatory and may include site visit. 5. Written responses to bid questions from potential general contractors will be in electronic format to the City. Deliverables 1. Draft design documents. 2. Final design documents. 3. Electronic copies of addenda to be provided to the City of distribution to bidders. 4. Bid tabulation and recommendation for award. Task 800 Construction Phase Support Services Objective Under this task, HDR will provide support services as the design representative during the construction phase of the improvements from Tasks 400, 500, 600, and 700. HDR shall furnish staff familiar with the project, on an as needed basis, to assist the City with the administration of the construction contract in accordance with the terms and conditions of the construction contract. HDR Services 1. Support Services during Construction A. Submittal Review: Upon specific request from the City, HDR shall review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, operation and maintenance manuals, and other data which the Contractor is required to submit. These shall be reviewed for conformance to the design intent of the Project and for compliance with the information given in the Contract Documents. B. Requests for Information (RFI): Upon specific request from the City, HDR shall assist with responses to questions by the Contractor on the drawings, specifications, or other Contract documents. C. Field Orders: Upon specific request from the City, HDR shall assist with the coordination and review to identify the need for minor changes in the Work consistent with the design intent which do not require a change in Contract Time or Contract Price. Page 266 of 296 Sanitary Lift Station Services 10 Scope of Services (Amendment 3) D. Change Proposal Requests: Upon specific request from the City, HDR shall assist with the coordination and review to identify the need for changes to Work consistent with the design intent which require changes in Contract Price and/or Contract Time. E. Work Change Directives: Upon specific request from the City, HDR shall assist with providing a directive to Contractor when fair and reasonable pricing for a change item cannot be negotiated or when a change item is critical to the project schedule. F. Change Orders: Upon specific request from the City, HDR shall assist with coordinating the combining of change documentation into Change Orders for execution by Contractor and City. G. Construction Meetings: HDR will attend weekly construction meeting with the Contractor and City on an as needed basis in order to assist in implementing the construction process. H. Record Drawings: If requested by the City then HDR will review record drawing information provided by the Contractor and request additional information as considered necessary. HDR will integrate record drawing information provided by the Contractor and HDR’s observations into a Record Drawing Set. Sub-Consultant Services Trindera Engineering Services HDR will subcontract Trindera to provide the following services: 1. Submittal Review: Upon specific request from HDR, Trindera shall review electrical shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit. These shall be reviewed for conformance to the design intent of the Project and for compliance with the information given in the Contract Documents. 2. Requests for Information (RFI): Upon specific request from HDR, Trindera shall assist with responses to questions by the Contractor on the electrical drawings, specifications, or other Contract documents. 3. Change Orders: Upon specific request from HDR, Trindera shall assist with coordinating the combining of change documentation into Change Orders for execution by Contractor and City. Shannon & Wilson Services HDR will subcontract Shannon & Wilson to provide the following services: 1. Submittal Review: Upon specific request from HDR, Shannon & Wilson shall review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit. These shall be reviewed for conformance to the design intent of the Project and for compliance with the information given in the Contract Documents. 2. Requests for Information (RFI): Upon specific request from HDR, Shannon & Wilson shall assist with responses to questions by the Contractor on the drawings, specifications, or other Contract documents. 3. Change Orders: Upon specific request from HDR, Shannon & Wilson shall assist with coordinating the combining of change documentation into Change Orders for execution by Contractor and City. Page 267 of 296 Sanitary Lift Station Services 11 Scope of Services (Amendment 3) City Responsibilities 1. Perform all construction administration services. 2. Perform construction inspection services. 3. Participate in substantial completion and final completion inspections. Assumptions 1. HDR will maintain a tracking log for submittals, RFIs, field orders, change proposal requests, work change directives, and change orders. 2. Submittal Review A. The City will receive and process all submittals from the Contractor and involve HDR at their discretion. B. Reviews of requests for substitution are not included in this scope. If requested by the City then HDR’s time to process, review, and respond to request will be billed to the City as a separate, out-of-scope activity from which the City can deduct the amount from the Contractor’s payment application(s). C. Actual review time may vary depending upon the complexity of the shop drawing. It is estimated that, on average, each submittal item will take four (4) hours for HDR to review and process and each re-submittal item will take two (2) hours for HDR to review and process. Budget is based on HDR reviewing thirty two (32) shop drawings for the project with sixteen (16) requiring re-submittal, Trindera reviewing twenty six (26) shop drawings for the project with thirteen (13) requiring re-submittal, and Shannon & Wilson reviewing three (3) shop drawings for the project with two (2) requiring re-submittal. D. If a submittal is determined to be incomplete when compared against the requirements of the Contract Documents, it will be rejected. E. Submittal reviews following three (3) re-submittals will be billed to the City as a separate, out-of-scope activity from which the City can deduct the amount from the Contractor’s payment application(s). 3. Request for Information (RFI) A. This is a formal process by which the Contractor requests clarifications and interpretations of the Contract Documents. B. The City will receive and process all RFIs from the Contractor and involve HDR at their discretion. C. HDR’s review of RFIs regarding the design will be advisory and complementary to the design intent. D. The fee for this sub-task is based upon HDR receiving and responding to no more than twenty five (25) RFIs, Trindera responding to no more than thirteen (13) RFIs for the project, and Shannon & Wilson responding to no more than four (4) RFIs for the project. E. Actual review and response time may vary depending upon clarity and complexity of the RFI. It is estimated that, on average, it will take two (2) hours for HDR to review and respond to each RFI. F. RFIs are not to be used for providing direction to the Contractor. Page 268 of 296 Sanitary Lift Station Services 12 Scope of Services (Amendment 3) 4. Field Orders A. This is a written order issued by the City which requires minor changes in the Work but does not change the Contract Price or the Contract Times. B. HDR will provide assistance with Field Orders when specifically requested by the City. C. Field Orders may be generated from responses to RFIs, design changes, Contractor initiated changes, City initiated changes, or unanticipated conditions. D. The fee for this task is based upon preparing and processing six (6) Field Orders for the project. E. Actual preparation and processing time may vary depending upon the complexity of the Field Order. It is estimated that, on average, it will take two (2) hours for HDR to prepare and process each Field Order. 5. Change Order Process A. Change Proposal Request i. This is a written request by the Contractor seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by HDR concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. ii. HDR will provide assistance with Change Proposal Requests when specifically requested by the City. iii. Negotiations between HDR and City are not binding until accepted by the City. iv. The fee for this sub-task is based upon preparing, processing, and negotiating pricing of six (6) Change Proposal Requests for the project. v. Actual preparation, processing, and negotiating time may vary depending upon the complexity of the Change Proposal Request. It is estimated that, on average, it will take six (6) hours for HDR to prepare, process, and negotiate pricing for each Change. B. Work Change Directives i. This is a written directive to the Contractor issued on or after the Effective Date of the Contract, signed by the City and recommended by HDR, ordering an addition, deletion, or revision in the Work. ii. HDR will provide assistance with Work Change Directives when specifically requested by the City. iii. The fee for this sub-task is based upon preparing and processing of six (6) Work Change Directives for the project. iv. Actual preparation, processing, and negotiating time may vary depending upon the complexity of the Work Change Directives. It is estimated that, on average, it will take six (6) hours for HDR to prepare, process, and negotiate pricing for each Change. C. Change Orders i. A document which is signed by the Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. Page 269 of 296 Sanitary Lift Station Services 13 Scope of Services (Amendment 3) ii. The City has the sole responsibility to authorize any changes to the Construction Contract. iii. HDR will provide assistance with Change Orders when specifically requested by the City. iv. The fee for this sub-task is based upon HDR preparing and processing a total of eight (8) Change Orders for the project and Trindera assisting HDR with three (3) of those Change Orders. It is estimated that, on average, it will take six (6) hours for HDR to prepare and process each Change Order. v. The City will provide HDR with copies of the fully executed Change Order after it has been signed by the City and Contractor. 6. Construction Meetings A. The City will prepare, conduct, and administer the construction meetings. B. The construction meetings will be held at a location to be determined by the City and each meeting will last up to one and a half (1.5) hour each. C. Up to sixteen (16) construction meetings for the project are included for this task. Deliverables 1. Submittal Review A. Comments and shop drawing responses transmitted to the City via e-mail. 2. Request for Information A. RFI responses transmitted to the City via e-mail. 3. Field Orders A. Field Orders transmitted to the City via e-mail. 4. Change Proposal Requests A. Change Proposal Requests and Engineer’s Decision transmitted to the City via e-mail. 5. Work Change Directives A. Work Change Directives transmitted to the City via e-mail. 6. Change Orders A. Change Order, including supporting information for each Change Order, transmitted to the City via e-mail. Task 900 Construction Phase Field Services Objective: Perform construction observation services to determine conformance of construction work with the requirements of the Contract Documents. HDR Services This task includes services related to providing observation of field activities during the construction phase. Specific activities conducted by HDR will be done on an as needed bases as requested by the City and will include the following: Page 270 of 296 Sanitary Lift Station Services 14 Scope of Services (Amendment 3) Periodic Site Visits 1. Perform periodic site visits including: A. Observe construction activities at the Pearl Street, Road 36, 9th & WA, and South Maitland Lift Stations to determine conformance with the requirements of the Contract Documents and/or approved shop drawings. B. Document/photograph activities observed making note of deficiencies, issues requiring resolution, and progress. Sub-Consultant Services Shannon & Wilson Services HDR will subcontract Shannon & Wilson to perform the following services: 1. Document observed shoring installation. The field representative will prepare a log of each shoring wall installation observed showing the sequence and relative timing of construction events; the consistency and behavior of encountered subsurface materials; and subsurface material depths as observed from the cuttings and spoils, presence and amount of groundwater, and other geotechnical information. 2. Document observed excavation means, methods, equipment, progress, and geotechnical- related issues, problems, or difficulties encountered by the Contractor. Shannon & Wilson will also review and comment on the settlement monitoring data provided by the Contractor. 3. Document observed earthwork and foundation subgrade preparation, including compaction efforts and results (as tested by others). 4. Prepare a Field Activity Report (FAR) to summarize Shannon & Wilson’s observations during their time on site. The FAR will document their construction observations via notes and/or photographs and recommend additional actions to the owner. 5. Prepare a draft and final construction observation report that summarizes Shannon & Wilson’s observations and references to the FARs. Trindera Engineering Services HDR will subcontract Trindera to perform the following services: 1. Eleven (11) total site visits at the Pearl Street, Road 36, 9th & Washington, and South Maitland Lift Stations for observations of electrical construction and electrical startup activities. City Responsibilities 1. Perform construction inspection services during the construction phase and oversight. 2. Coordinate with contractor to arrange safe access to and make all provisions for HDR and its subconsultants to enter upon public and private property as required to perform services under the Agreement. 3. Provide HDR with the findings and reports generated by the entities providing laboratory, inspection, or monitoring services other than those being provided by HDR. 4. If necessary, additional or extended services will be negotiated under a separate contract amendment during construction due to circumstances beyond the control of HDR. Page 271 of 296 Sanitary Lift Station Services 15 Scope of Services (Amendment 3) Assumptions 1. One Shannon & Wilson field representative will be present at the Pearl Street site on a full time basis for construction observation services of the shoring installation and excavation. The fee for this service is based on an assumed construction duration of four (4) weeks to complete the shoring installation. 2. One Shannon & Wilson field representative will be present at the Pearl Street site on a full- time or part-time on call basis, depending on the activities underway and the Contractor’s schedule for construction observation services of the settlement monitoring, earthwork, and foundation subgrade preparation. The fee for this service is based on an assumed construction duration of six (6) weeks to complete the settlement monitoring, earthwork, and foundation subgrade preparation activities and that these other activities will require three (3) site visits per week with 6 hours budgeted for each visit and associated work. 3. Reviewed and finalized FARs will be provided by Shannon & Wilson’s project manager to HDR, typically within two working days following the observations. 4. Trindera will prepare up to six (8) punchlists, four (4) initial and four (4) follow-up for electrical activities. 5. HDR will provide construction observation services only when specifically requested by the City. 6. HDR’s observation of the work performed under the construction phase shall not relieve Contractor from responsibility for performing work in accordance with applicable contract documents. 7. HDR or its Subconsultants shall not control or have charge of, and shall not be responsible for construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. 8. HDR shall not be responsible for the acts or omissions of construction Contractor(s) or other parties on the project. 9. City agrees to include a provision in the construction contract that requires Contractor to list Consultant as an additional insured on Contractor’s commercial general liability insurance. 10. Contractor is responsible for compliance with permit conditions; therefore HDR cannot ensure Contractor’s compliance with permit conditions. HDR will only notify City of observed conditions and violations. 11. Monitoring removal and/or disposal of contaminated materials is not included. 12. One HDR field representative will be available on a part time basis during the construction phase to perform periodic site visits, as defined for Task 800. The budget for this service is based on the following anticipated construction durations: A. Pearl Street – thirty two (32) weeks and an average of three (3) site visits a week of up to two (2) hours each. B. Road 36 – sixteen (16) weeks and an average of three (3) site visits a week of up to two (2) hours each. C. 9th & WA – eight (8) weeks and an average of three (3) site visits a week of up to two (2) hours each. D. South Maitland – one (1) day for up to four (4) hours. Page 272 of 296 Sanitary Lift Station Services 16 Scope of Services (Amendment 3) 13. Normal working hours for HDR, Sub consultants, and the Contractor will coincide with normal construction working hours: Monday through Friday, 7:00 am to 4:00 pm. 14. Should Contractor elect to perform work outside of normal working hours, on Saturday, Sunday, or legal holiday, Consultant will require the City to authorize overtime for field services prior to Consultant starting work. 15. Contractor shall be responsible for the cost of overtime (premium) pay and other expenses incurred by the Owner for Consultant’s services occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. 16. If additional labor and expenses to perform construction field services, outside normal working hours or beyond the estimate included in this task, are required due to increased construction duration, a separate amendment or change notice will be executed to increase the scope and fee of this Contract. Deliverables 1. FARs transmitted to City via e-mail in .pdf format. 2. Construction observation report that summarizes Shannon & Wilson’s observations and references to the FARs. 3. Documented punchlists prepared by Trindera. 4. Photographs of observed field work submitted to the City via e-mail. Task 1000 Construction Close-Out Objective Achieve an orderly, well-documented, and complete close-out of the construction contract. HDR Services This task includes services related to closing out the construction contract. Specific activities conducted by Consultant will done on an as needed basis as requested by the City and will include the following: Substantial Completion 1. Document substantial completion by performing the following tasks. a. Confirm the contract requirements have been implemented for substantial completion. b. Participate in substantial completion inspections. Identify work remaining to be completed and document this in a punchlist. c. In collaboration with the City, confirm the work is substantially complete. d. After HDR and the City agree the work is substantially complete, coordinate with the City the issuance of the substantial complete letter to the Contractor. e. Take pictures and videos during the project review and walk-though inspection. f. Track and review the punch list and the Contractor’s schedule for completing work with City. Page 273 of 296 Sanitary Lift Station Services 17 Scope of Services (Amendment 3) g. Identify restraints for completing punchlist items; review restraints with the City and Contractor. h. Document the punchlist is completed and provide recommendation to the City for a final completion inspection. Final Completion Inspection 1. Receive and review Contractor’s required final completion submittal. 2. Participate in the Final Completion Inspection with the City and Contractor. Record Drawings 1. HDR will review record drawing information provided by the Contractor and request additional information as considered necessary. 2. HDR will integrate record drawing information provided by the Contractor and HDR’s observations while on-site into a Record Drawing Set. Sub-Consultant Services Trindera Engineering Services Record Drawings 1. Prepare up to eight (8) punch lists 2. Prepare record drawings based on Contractor as-built redlines. Assumptions 1. HDR will assist with construction close out activities upon specific request by the City. 2. Substantial Completion Inspections and Final Completion Inspection will occur at the project sites, will involve up to one (1) HDR team member, and will last up to four (4) hours for the inspection. An additional four (4) hours is provided for inspection preparation and punchlist creation. This will be conducted at the Pearl Street, Road 36, 9th & WA and South Maitland Sites. 3. Contractor will red-line a full size (24 IN x 36 IN) hard copy of the construction contract documents on a monthly basis to incorporate RFIs, Field Orders, Change Proposal Requests, submittal data, and changes based on records received from both Consultant and County. Deliverables 1. Punchlists from substantial completion inspections transmitted to City via e-mail in .pdf format. 2. Recommendation of Substantial Completion when, based on HDR’s opinion, the project is ready for its intended use. 3. Recommendation of Final Completion upon completion of all punchlist items transmitted to the City via e-mail in .pdf format. 4. One hard copy set of Record Drawings (24 IN x 36 IN) on mylar sheets and one electronic copy in PDF format. Page 274 of 296 Sanitary Lift Station Services 18 Scope of Services (Amendment 3) Task 1100 Undistributed Budget Objective Cover additional design and construction phase services that are not currently included in the previous tasks and that could arise during design, construction and/or startup. HDR Services 1. Provide additional design and construction phase services as requested by the City. Inasmuch as the nature and effort of such requests cannot be accurately predicted, there are several possible tasks that could arise. These could include, but not be limited to: A. Structural evaluation of mounting racks at the 9th & WA Lift Station B. Re-assessment of flow assumptions as a result of new development not anticipated during conceptual design C. Responses to bidder inquiries related to structural modifications at the 9th & WA Lift Station D. Additional field services due to structural modifications at the 9th & WA Lift Station. Subconsultant Services No additional subconsultant services are provided under this task. City Responsibilities 1. Provide timely written authorization for additional work. Assumptions 1. The budget for this task is based on 10% of the labor costs for the tasks added under Amendment 3 and provides for nominal possible expenses. 2. No work may be performed or invoiced by HDR without explicit written direction by City. HDR will provide an estimate of labor and expenses for each such request. Deliverables 1. Documentation of the scope, schedule, and fee associated with the additional work. 2. Outputs as defined in the specific task authorizations. Schedule The estimated project schedule is provided in Attachment 6 and will be revised based upon receipt of Notice to Proceed (NTP). Please note the schedule includes time for Quality Control (QC) reviews. HDR is allowing itself two weeks for QC reviews/comment integration on each deliverable and two weeks have been scheduled for each City review. A detailed schedule will be maintained as part of the project. Page 275 of 296 Sanitary Lift Station Services 19 Scope of Services (Amendment 3) Fee The REVISED fee for this scope of work is detailed below. The fees shall be earned on a mix of Lump Sum (Tasks 100, 400, 500, 600, and 700) and Time & Materials (Tasks 800, 900, 1000, and 1100). Lump Sum tasks shall be invoiced on a % complete basis while Time & Materials tasks shall be invoiced based on actual hours and expenses. Task Fee Type Labor Expense Sub- consultants Total 100 – Project Management Lump Sum $23,325 $180 N/A $23,505 400 – Detailed Design of Pearl Street Lift Station (Bid Support) Lump Sum $6,781 $56 $1,844 $8,681 500 – Detailed Design of Road 36 Lift Station (Bid Support) Lump Sum $3,724 $56 $1,844 $5,624 600 – Detailed Design of 9th & WA Improvements Lump Sum $59,226 $215 $14,537 $73,978 700 – Detailed Design of South Maitland Improvements Lump Sum $20,352 $215 $ 16,141 $36,708 800 – Construction Phase Support Services Time & Materials $ 64,405 $ 328 $ 45,512 $110,245 900 – Construction Phase Field Services Time & Materials $ 81,622 $ 328 $ 113,506 $195,456 1000 – Construction Close-Out Time & Materials $ 43,589 $ 160 $ 5,778 $49,527 1100 – Undistributed Budget Time & Materials $ 26,909 $ 48 N/A $26,957 TOTAL $ 329,933 $ 1,586 $ 199,162 $530,681 Page 276 of 296 Sanitary Lift Station Services 20 Scope of Services (Amendment 3) Effect of This Amendment The table below shows the changes to this project through amendments, including this one. Initial Contract Amendment 1 (time only) Amendment 2 Amendment 3 Total Contract Value Task 100 - Project Management $39,500 $6,900 $23,505 $69,905 Task 200 - Non- Design Work $48,100 $48,100 Task 300 - Preliminary Design Work $101,900 $101,900 Task 400 - Detailed Design, Pearl Street $123,400 $8,681 $132,081 Task 500 - Detailed Design, Road 36 $73,200 $5,624 $78,824 Task 600 - Detailed Design, 9th/Washington $73,978 $73,978 Task 700 – Detailed Design, South Maitland $36,708 $36,708 Task 800 - Construction Phase Support Services $110,245 $ 110,245 Task 900 - Construction Phase Field Services $ 195,456 $ 195,456 Task 1000 - Construction Close- Out $ 49,527 $ 49,527 Task 1100 – Undistributed Budget $ 26,957 $ 26,957 $ 312,900 N/A $ 80,100 $ 530,681 $ 923,681 Page 277 of 296 Sanitary Lift Station Services 21 Scope of Services (Amendment 3) Breakdown by Lift Station The table below provides the breakdown of the contract fee by Lift Station TOTAL South Maitland 9th and Washington Road 36 Pearl Street Task 100 - Project Management $69,905 $ 2,340 $ 13,602 $ 17,636 $ 36,327 Task 200 - Non-Design Work $48,100 $ 9,600 $ 28,900 $ 9,600 $ - Task 300 - Preliminary Design Work $101,900 $ - $ - $ 30,600 $ 71,300 Task 400 - Detailed Design, Pearl Street $132,081 $ - $ - $ - $ 132,081 Task 500 - Detailed Design, Road 36 $78,824 $ - $ - $ 78,824 $ - Task 600 - Detailed Design, 9th/Washington $73,978 $ - $ 73,978 $ - $ - Task 700 – Detailed Design, South Maitland $36,708 $36,708 $ - $ - $ - Task 800 - Construction Phase Support Services $110,245 $ 3,307 $ 29,766 $ 28,664 $ 48,508 Task 900 - Construction Phase Field Services $195,456 $ 5,865 $ 52,772 $ 50,818 $ 86,001 Task 1000 - Construction Close-Out $49,527 $ 1,486 $ 13,372 $ 12,877 $ 21,792 Task 1100 – Undistributed Budget $26,957 $ 809 $ 7,278 $ 7,009 $ 11,861 $ 923,681 $ 60,115 $ 219,668 $ 236,028 $ 407,870 Page 278 of 296 Sanitary Lift Station Services 22 Scope of Services (Amendment 3) Attachment 4: Task 600 Drawing List Page 279 of 296 Sanitary Lift Station Services 23 Scope of Services (Amendment 3) Preliminary Drawing List for the 9th & Washington Improvements SHEET NUMBER SHEET TITLE G01 COVER SHEET, DRAWING INDEX, AND LOCATION MAPS G02 GENERAL NOTES, ABBREVIATIONS, AND LEGEND G03 ELECTRICAL SYMBOLS AND LEGEND C01 SITE PLAN C02 DRYWELL PIPING PLAN AND SECTIONS C03 CIVIL DETAILS E01 ELECTRICAL PLAN E02 CONTROL WIRING DIAGRAMS E03 ONE-LINE DIAGRAM AND SCHEDULES E04 DRYWELL TERMINATION BOX PLANS AND DETAILS E05 WETWELL ELECTICAL CONNECTION PLANS AND DETAILS Page 280 of 296 Sanitary Lift Station Services 24 Scope of Services (Amendment 3) Attachment 5: Task 600 Specification List Page 281 of 296 Sanitary Lift Station Services 25 Scope of Services (Amendment 3) Preliminary Specification List for the 9th & WA Improvements Spec # CSI # Name City of Pasco Front Ends 1 NA Invitation to Bid 2 NA Information for Bidders 3 NA Proposal 4 NA Contract 5 NA City of Pasco Special Provisions Division 1 – General Requirements 6 01 11 00 Summary of Work 7 01 11 20 Job Conditions 8 01 22 00 Measurement and Payment 9 01 25 13 Product Substitutions 10 01 26 13 Requests for Information (RFI) 11 01 30 00 Special Conditions 12 01 31 19 Project Meetings 13 01 32 17 Construction Progress Schedule 14 01 33 00 Submittals 15 01 33 04 Operation and Maintenance Manuals 16 01 35 05 Environmental and Special Conditions 17 01 45 33 Special Inspections and Testing Program 18 01 61 03 Equipment – Basic Requirements 19 01 65 50 Product Delivery, Storage, and Handling 20 01 73 29 Cutting and Patching 21 01 75 00 Facility Start-up Division 2 – Existing Conditions 22 02 41 00 Demolition Division 5 - Metals 23 05 50 00 Metal Fabrications Division 8 – Openings 24 08 31 00 Access Doors Division 26 - Electrical 25 26 32 13 Power Generation 26 26 35 26 Active Harmonic Filters (Low Voltage) Page 282 of 296 Sanitary Lift Station Services 26 Scope of Services (Amendment 3) Division 32 – Exterior Improvements 27 32 31 13 Chain Link Fence and Gates Division 40 – Process Interconnections 28 40 05 00 Pipe and Pipe Fittings – Basic Requirements 29 40 05 19 Pipe – Ductile 30 40 05 51 Valves – Basic Requirements 31 40 05 61 Gate Valves 32 40 05 62 Plug Valves 33 40 05 66 Check Valves 34 40 71 00 Flow Instrumentation Page 283 of 296 Sanitary Lift Station Services 27 Scope of Services (Amendment 3) Attachment 6: Task 700 Drawing List Page 284 of 296 Sanitary Lift Station Services 28 Scope of Services (Amendment 3) Preliminary Drawing List for the Maitland Improvements SHEET NUMBER SHEET TITLE G01 COVER SHEET, DRAWING INDEX, AND LOCATION MAPS G02 GENERAL NOTES, ABBREVIATIONS, AND LEGEND G03 ELECTRICAL SYMBOLS AND LEGEND D01 DRYWELL PIPING PLAN AND SECTIONS E01 CONTROL WIRING DIAGRAMS E02 ONE-LINE DIAGRAM AND SCHEDULES I01 P&ID Page 285 of 296 Sanitary Lift Station Services 29 Scope of Services (Amendment 3) Attachment 7: Task 700 Specification List Page 286 of 296 Sanitary Lift Station Services 30 Scope of Services (Amendment 3) Preliminary Specification List for the Maitland Improvements Spec # CSI # Name City of Pasco Front Ends 1 NA Invitation to Bid 2 NA Information for Bidders 3 NA Proposal 4 NA Contract 5 NA City of Pasco Special Provisions Division 1 – General Requirements 6 01 11 00 Summary of Work 7 01 11 20 Job Conditions 8 01 22 00 Measurement and Payment 9 01 25 13 Product Substitutions 10 01 26 13 Requests for Information (RFI) 11 01 30 00 Special Conditions 12 01 31 19 Project Meetings 13 01 32 17 Construction Progress Schedule 14 01 33 00 Submittals 15 01 33 04 Operation and Maintenance Manuals 16 01 35 05 Environmental and Special Conditions 17 01 45 33 Special Inspections and Testing Program 18 01 61 03 Equipment – Basic Requirements 19 01 65 50 Product Delivery, Storage, and Handling 20 01 75 00 Facility Start-up Division 26 - Electrical 21 26 05 00 Electrical – Basic Requirements 22 26 32 13 Power Generation 23 26 05 13 Medium Voltage Cable 24 26 05 19 Wire and Cable – 600 Volt and Below 25 26 05 33 Raceways and Boxes 26 26 05 36 Cable Tray 27 26 06 00 Electrical Schedules 28 26 08 13 Acceptance Testing 29 26 23 00 Switchgear Page 287 of 296 Sanitary Lift Station Services 31 Scope of Services (Amendment 3) 30 26 27 26 Wiring Devices Division 40 – Process Interconnections 31 40 05 00 Pipe and Pipe Fittings – Basic Requirements 32 40 05 19 Pipe – Ductile 33 40 90 05 Control Loop Descriptions Division 43 – Process Gas and Liquid Handling, Purification, and Storage Equipment. 34 43 21 00 Pumping Equipment – Basic Requirements 35 43 25 13 Pumping Equipment – Submersible End Suction Sewage Pumps Page 288 of 296 Sanitary Lift Station Services 32 Scope of Services (Amendment 3) Attachment 8: Estimated Labor Hours Page 289 of 296 Sanitary Lift Station Services 33 Scope of Services (Amendment 3) Page 290 of 296 Sanitary Lift Station Services 34 Scope of Services (Amendment 3) Attachment 9: Schedule Page 291 of 296 IDTask ModeTask Name Duration Start Finish Predecessors1Amendment No 3 Notice to Proceed0 daysMon 11/4/19Mon 11/4/1929th & WA Lift Station165 daysMon 11/4/19Fri 6/19/203Task 600 - Detailed Design105 daysMon 11/4/19Fri 3/27/204Draft Construction Documents15 daysMon 11/4/19Fri 11/22/1915Internal QC10 daysMon 11/25/19Fri 12/6/1946City Review10 daysMon 12/9/19Fri 12/20/1957Final Construction Documents10 daysMon 12/23/19Fri 1/3/2068Internal QC10 daysMon 1/6/20Fri 1/17/2079Bid Support Services25 daysMon 1/20/20Fri 2/21/20810City Issues NTP to Contractor25 daysMon 2/24/20Fri 3/27/20911Task 800 - Constructoin Phase Support Services40 daysMon 3/30/20Fri 5/22/201012Task 900 - Construction Phase Field Services40 daysMon 3/30/20Fri 5/22/201013Task 1000 - Construction Close-Out20 daysMon 5/25/20Fri 6/19/2012,1114Pearl Street Lift Station230 daysMon 6/22/20Fri 5/7/2115Task 400 - Detailed Design50 daysMon 6/22/20Fri 8/28/2016Bid Support Services25 daysMon 6/22/20Fri 7/24/201317City Issues NTP to Contractor25 daysMon 7/27/20Fri 8/28/201618Task 800 - Construction Phase Support Services160 daysMon 8/31/20Fri 4/9/211719Task 900 - Construction Phase Field Services160 daysMon 8/31/20Fri 4/9/211720Task 1000 - Construction Close-Out20 daysMon 4/12/21Fri 5/7/2118,1921Road 36 Lift Station130 daysMon 5/10/21Fri 11/5/2122Task 500 - Detailed Design50 daysMon 5/10/21Fri 7/16/2123Bid Support Services25 daysMon 5/10/21Fri 6/11/212024City Issues NTP to Contractor25 daysMon 6/14/21Fri 7/16/212325Task 800 - Construction Phase Support Services60 daysMon 7/19/21Fri 10/8/212426Task 900 - Construction Phase Field Services60 daysMon 7/19/21Fri 10/8/212427Task 1000 - Construction Close-Out20 daysMon 10/11/21Fri 11/5/2125,2628South Maitland Lift Station125 daysMon 11/8/21Fri 4/29/2229Task 700 - Detailed Design85 daysMon 11/8/21Fri 3/4/2230Draft Construction Documents10 daysMon 11/8/21Fri 11/19/212731Internal QC5 daysMon 11/22/21Fri 11/26/213032City Review10 daysMon 11/29/21Fri 12/10/213133Final Construction Documents5 daysMon 12/13/21Fri 12/17/213234Internal QC5 daysMon 12/20/21Fri 12/24/213335Bid Support Services25 daysMon 12/27/21Fri 1/28/223436City Issues NTP to Contractor25 daysMon 1/31/22Fri 3/4/223537Task 800 - Construction Phase Support Services30 daysMon 3/7/22Fri 4/15/223638Task 900 - Construction Phase Field Services30 daysMon 3/7/22Fri 4/15/223639Task 1000 - Construction Close-Out10 daysMon 4/18/22Fri 4/29/2237,3811/4SWSTMFTSWSTMFTSWSTMFTSWSTMAug 25, '19Nov 17, '19Feb 9, '20May 3, '20Jul 26, '20Oct 18, '20Jan 10, '21Apr 4, '21Jun 27, '21Sep 19, '21Dec 12, '21Mar 6, '22May 29, '22TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: Amendment 3 SchedulDate: Tue 10/22/19Page 292 of 296 Page 293 of 296 AGENDA REPORT FOR: City Council November 7, 2019 TO: Dave Zabell, City Manager Workshop Meeting: 11/12/19 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - September 2019 I. REFERENCE(S): General Fund Report Contracts/Purchases over $100,000 and less than $300,000 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is a monthly financial update to Council on the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non- major funds. V. DISCUSSION: The General Fund is on track for both revenue and expenses as of September 2019 month-end. Many revenues and expenses do not track linearly throughout the year. Staff analysis suggests that the major revenues and expenses are progressing as anticipated. Variations explained briefly in the attachment can be expanded upon if needed. Page 294 of 296 $0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 295 of 296 Fund NameFund DescriptionReport MonthSeptember, 2019Elapsed Time37%2017 Actual 2018 Actual2019-2020 Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,548,971 6,180,880 21,648,971 100,000 29% Timing of tax collection. Actuals expected to be higher than budgeted.Sales 13,180,233 14,154,008 27,519,809 10,739,537 28,019,809 500,000 38% Expected tax collection, based on higher receipts but also shortened Christmas shopping schedule.Public Safety 1,523,723 1,661,707 3,373,400 1,226,163 3,373,400 0 36%Utility 9,409,979 9,585,916 19,538,919 7,497,728 19,358,919 -180,000 39% Reduction in Telephone and PWRF utility tax. Telephone utility tax is expected to keep declining, whereas PWRF utility tax is function of timing of current operational costs.Other 1,252,023 1,299,862 2,437,750 940,731 2,437,750 0 39%Licenses & Permits 2,177,235 2,640,720 4,459,000 2,207,186 4,809,000 350,000 46% Higher than expected building permits, and increase in number of business licenses.Intergovernmental 2,130,300 2,294,273 4,737,868 2,044,401 4,737,868 0 43% Timing of payment from State.Charges Goods & Services 6,932,637 7,385,382 15,417,018 5,681,256 15,417,018 0 37%Fines & Forfeits 788,474 943,321 1,811,200 577,291 1,781,200 -30,000 32%Miscellaneous 657,342 1,731,200 1,195,800 1,258,143 1,995,800 800,000 63% Property sale revenue not budgeted. Increase in insurance recoveries.Debt & Transfer In 638,000 232,298 17,705,200 196,223 17,705,200 0 1% Timing of debt proceeds and grant transfers. Possible to increase dependent on LTGO Bond decision by Council.Total Revenues 46,653,248 50,281,437 119,744,935 38,549,540 121,284,935 1,540,000 32%ExpendituresCity Council 111,918 124,533 260,540 84,874 260,540 0 33%Municipal Court 1,458,682 1,504,212 3,228,697 1,083,254 3,228,697 0 34%City Manager 1,709,640 1,635,045 4,261,136 1,054,256 4,261,136 0 25% Large non labor times not procured yet, as well as vacant Deputy City Manager's position.Police 16,497,955 16,565,400 35,524,184 11,979,309 35,524,184 0 34%Fire 7,660,554 7,874,894 15,266,340 5,800,573 15,266,340 0 38%Administrative & Community Services 7,370,500 7,502,803 16,217,814 5,615,541 16,217,814 0 35%Community & Economic Development 1,748,053 1916402 3,878,345 1,451,656 3,878,345 0 37%Finance 2,196,310 2,270,459 5,105,873 1,913,247 5,105,873 0 37%Engineering 1,726,983 1,555,552 3,791,421 1,131,429 3,791,421 0 30%Library 1,445,550 1,375,894 2,905,818 1,059,004 2,905,818 0 36%Non-Departmental 2,025,292 2,795,354 4,367,755 2,250,814 4,367,755 0 52% Insurance premium payment.Debt & Transfer Out 3,592,619 1,914,455 24,224,750 2,813,487 26,292,340 2,067,590 11% Timing of debt payments. Long Term investment on Chapel Hill LID as approved by Council after adoption of biennial budget.Total Expenditures 47,544,056 47,035,003 119,032,673 36,237,444 121,100,263 2,067,590 30%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Regular labor spending is on-track, and while overtime budget for Fire and Police department has been higher than expected, the spending is expected to be managed without need for supplement request for 2019. Staff will present Council with funds needed in future if Council approves certain programs to continue effective operations of the City.City is expected to be on track for non labor expenses. As mentioned before, Staff are evaluating needs in this area to mitigate additional overtime cost for 2019. Non-Departmental expenditure, that mainly consist of non labor cost is higher than elapsed time. This is to be expected due to large payment of insurance premium made in the beginning of the year. Street fund receives revenue from General fund, as well as Motor Vehicle Fuel Tax from State to operate. By design, the fund maintains low level of fund balance and will need support to absorb impact of this year's snow event. Staff believes that the revnue from new residential overlay program set in place in 2019 has mitigated most of the funding need for prior year snow removal cost. The fund will keep operating at the low level of fund balance as we approach year 2020.Page 296 of 296