Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019.11.18 Council Meeting Packet
Regular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. November 18, 2019 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 9 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on November 4, 2019. 10 - 12 (b) Bills and Communications To approve claims in the total amount of $2,691,057.91 ($954,229.74 in Check Nos. 232327-232539; $801,178.36 in Electronic Transfer Nos. 826460-826467, 826526-826530; $21,862.39 in Check Nos. 53062-53083; $788,183.08 in Electronic Transfer Nos. 30140944-30141472; $125,604.34 in Electronic Transfer Nos. 634-640). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $266,343.95 and, of that amount, authorize $125,516.98 to be turned over for collection. 13 - 16 (c) Basin Disposal Inc. - Overview of Services, 2020 Rate Increase To approve the report of the Committee on Solid Waste Rates and the 2020 Basin Disposal Service rates as proposed. 17 - 60 (d) Lift Station Improvements - Amendment No. 3 to HDR Professional Services Agreement To approve Professional Services Agreement Amendment No. 3 with HDR Page 1 of 184 Regular Meeting November 18, 2019 Engineering, Inc. in the amount of $530,681.00, and further, authorize the City Manager to execute the Amendment. 61 - 76 (e) Ambulance Billing - Professional Services Contract To approve the Ambulance Billing Professional Services Agreement with Systems Design West LLC and, further, authorize the City Manager to execute the agreement. 77 - 102 (f) Transportation System Master Plan - DKS Contract To approve the Professional Services Agreement for the Transportation System Master Plan with DKS Associates, and further, authorize the City Manager to execute the agreement. (RC) MOTION: I move to approve the Consent Agenda as read 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: 103 - 125 (a) Presentation - Visit Tri-Cities Regional Sports Study (b) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 126 - 149 (a) Limited Tax General Obligation (LTGO) Bond MOTION: I move to adopt Ordinance No. 4470 relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $23,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to design, construct and equip replacement fire Page 2 of 184 Regular Meeting November 18, 2019 stations for Station No. 83 and Station No. 84, a regional animal shelter facility, improvements to Gesa Stadium, and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, authorize publication by summary only. 150 - 159 (b) Fireworks Ordinance Update MOTION: I move to adopt Ordinance No.4471, Amending Sections 5.96.010: License required, 5.96.030: Permit fee, 5.96.040: Term of license, 5.96 070: Timing for filing of application, 5.96.080: Fireworks sales requirements, and 3.35.050: Business licenses of the Pasco Municipal Code and further, authorize publication by summary only. 160 - 165 (c) Creation of an Arts and Culture Commission MOTION: I move to approve Ordinance No. 4472, establishing an Arts and Culture Commission. 166 - 184 (d) *Purchase and Sale Agreement - City Purchase of Future Park Land MOTION: I move to approve Resolution No. 3920, approving the Purchase and Sale Agreement with the Pasco School District for future parkland adjacent to Three Rivers Elementary School and thus authorize the City Manager to sign and execute the Purchase and Sale Agreement. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” Page 3 of 184 Regular Meeting November 18, 2019 REMINDERS: • 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.) • Tuesday, November 19, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (MAYOR PRO TEM CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, November 21, 4:00 PM: Tri-Cities National Park Committee Meeting – Tri- Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge Blvd., Kennewick (MAYOR MATT WATKINS) • Monday, November 25, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) 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 4 of 184 AGENDA REPORT FOR: City Council October 21, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): Draft 11.01.19 Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on November 4, 2019. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 184 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 4, 2019 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, and Matt Watkins. Staff present: Dave Zabell, City Manager; Eric Ferguson, City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; and Ed Dunbar, Deputy Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on October 21, 2019 and the Special Meeting held on October 28, 2019. Bills and Communications To approve claims in the total amount of $8,908,811.87 ($2,384,816.61 in Check Nos. 232071-232326; $1,418,114.73 in Electronic Transfer Nos. 826092-826130, 826138-826152, 826157-826214, 826216-826286, 826299- 826335, 826341-826402, 826448-826457; $19,940.92 in Check Nos. 53041- 53061; $889,125.16 in Electronic Transfer Nos. 30140420-30140943; $4,196,814.45 in Electronic Transfer Nos. 632-633). Lodging Tax Advisory Committee (LTAC) Recommendations To approve the allocation of 2020 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee as shown in the LTAC minutes of October 21, 2019. (RC) MOTION: Mayor Pro Tem Maloney moved to approve the Consent Agenda as read. Ms. Barajas seconded. The Roll Call vote carried unanimously. VISITORS - OTHER THAN AGENDA ITEMS: Gabriel Portugal, Downtown Pasco Development Authority (DPDA) President, introduced Gustavo Gutierrez Gomez, the new Executive Director for DPDA. Gustavo Gomez stated that this is his first week with DPDA and he is pleased about the opportunity to work within Pasco in his capacity as an executive director. Michelle Andres, Pasco resident, asked for Council support for the Endangered Species Act (ESA) Exception Application that is currently with the Governor of Idaho for execution. Julie Webb, Kennewick resident and Tri-Cities Animal Shelter & Control Services volunteer, invited Council to tour the Tri-Cities Animal Shelter facility Page 1 of 4 Page 6 of 184 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 4, 2019 and requested a much-needed replacement facility for the area animals contained within the shelter. Mayor Watkins asked staff for that status of the new animal shelter facility. Mr. Ratkai responded stating that the Cities Pasco, Kennewick and Richland are working through the final design and budget considerations and anticipate construction starting in 2020. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Mr. Martinez recently attended an outstanding Hanford-related event detailing the work completed during the past 30 years. Mr. Martinez also noted two other community events that he attended, which included a Pasco School District fundraiser and a Boys and Girls Club training . Ms. Barajas expressed appreciation for the first "Pasco Day of Hope" event held on November 2, 2019 and thanked everyone who participated in it by volunteering or attending it and stated that it will be an annual event. Mr. Milne commented about the fun he had passing out candy to Pasco employees during the Spooky City Hall Trick or Treat event held on October 31. Mayor Watkins stated that he recently visited the new Three Rivers Elementary School and said it has already reached 80 to 90 percent of its capacity. Mr. Alvarado attended a managed heath care providers recognition awards ceremony for providers serving medicare users during the past week. Mr. Alvarado also commented on the recent meeting he attended regarding the proposed Basin Disposal Inc. (BDI) rate increase. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Partial Alley Vacation: Tri-Cities Community Health (MF# VAC2019-005) Mr. White provided an overview of the proposed partial vacation. Mayor Watkins opened the public hearing at 7:22 PM. Paul Knutzen, representing both Knutzen Engineering and the Tri-Cities Community Health Center, expressed support for the partial vacation. Following three calls for comments, Mayor Watkins declared the public hearing closed at 7:23 PM. MOTION: Mayor Pro Tem Maloney moved to adopt Ordinance No. 4467, vacating a portion of the alley at the Tri-Cities Community Health Center, and further, authorize publication by summary only. Mr. Martinez seconded. The motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Municipal Purposes Annexation - Court Street Fire Station #84 (ANX 2019-002) MOTION: Mayor Pro Tem Maloney moved to adopt Ordinance No. 4468, an Page 2 of 4 Page 7 of 184 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 4, 2019 Ordinance of the City of Pasco, Washington, annexing certain real property generally located in the area of West Court Street between Marie Street to the south and Court Street to the north, and Roads 49 and 50 to the City of Pasco, and assigning zoning to same; and further, authorize publication by summary only. Mr. Alvarado seconded. The motion carried unanimously. Floodplain Management Ordinance Code Update (CA 2019-012) MOTION: Mayor Pro Tem Maloney moved to adopt Ordinance No. 4469, relating to floodplain management, amending Title 24 of the Pasco Municipal Code entitled "Floodplain," and further, authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. Pasco-Colima Cooperation & Friendship Agreement Mr. Morales provided a brief review of the past several months of communicating and meeting with representatives of the State of Colima, Mexico. Council and staff discussion ensued regarding the State of Colima and the proposed agreement. The following members of the delegation that visited Colima in October 2019 attended the meeting and expressed support for signing a Cooperation and Friendship Agreement with the State of Colima: Gabriel Portugal, DPDA Board President; Dr. Susana Reyes, Pasco School District Assistant Superintendent; Gary Ballew, Port of Pasco Economic Development Director; Jose Iniguez, Encanto Arts Executive Director; Carl Holder, Rotary International; and Ana Ruiz Ramirez, Fiesta Foods. Other community members in attendance who expressed support were Davin Diaz, Drewboy Creative and Gustavo Gutierrez Gomez, DPDA Executive Director. MOTION: Mayor Pro Tem Maloney moved to approve Resolution No. 3917, regarding a Cooperation and Friendship Agreement between the State of Colima of the United Mexican States and the City of Pasco, Washington, and authorize the Mayor and City Manager to execute the agreement. Mr. Milne seconded. Motion carried unanimously. Orthophoto Mapping Intergovernmental Agreement MOTION: Mayor Pro Tem Maloney moved to approve Resolution No. 3918, authorizing the City Manager to execute the Intergovernmental Agreement with Benton County for aerial photography and orthophoto mapping of areas within the City of Pasco. Mr. Alvarado seconded. Motion carried unanimously. 2020-2024 Tri-Cities Consolidated Plan and Elements MOTION: Mayor Pro Tem Maloney moved to approve Resolution No. 3919, adopting the 2020-2024 Tri-Cities HOME Consortium Consolidated Plan and Analysis of Impediments to Fair Housing. Mr. Martinez seconded. Motion carried unanimously. UNFINISHED BUSINESS: NEW BUSINESS: Agreement in Principle with the Confederated Tribes of the Colville Reservation Mr. Zabell announced that representatives from the Confederated Tribes of the Page 3 of 4 Page 8 of 184 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 4, 2019 Colville Reservation will be in Pasco, WA on November 20, 2019. Both parties will sign of the Agreement in Principle and a reception will be held following the signing ceremony. MOTION: Mayor Pro Tem Maloney moved to approve the Agreement in Principle with the Confederated Tribes of the Colville Reservation. Ms. Barajas seconded. Motion carried unanimously. National Citizen's Survey Mayor Watkins asked for Council's preference for the third question to be added to the Nation Citizen's Survey, which resulted in adding a survey question related to the Pasco downtown area. MOTION: Mayor Pro Tem Maloney moved to authorize staff to contract for the National Citizen's Survey including standard mail survey, Spanish and district-based geographic options, and to include the three policy questions as discussed. Mr. Martinez seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell stated that approximately 200 children along with their parents attended the Spooky City Hall Trick or Treat event on October 31, 2019; the event was well-received by those that attended it. Mr. Zabell also announced that the Washington State High School cross-county track finals will be held at Sun Willows Golf Course on Saturday, November 9, 2019; approximately 5,000 participants and their families will be at that event. Mayor Pro Tem Maloney commented that his wife brought their youngest daughter to Spooky City Hall and they stated that it an awesome event. Lastly, Mr. Maloney encouraged everyone to cast their votes for the November 5, 2019 election. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:13 PM. PASSED AND APPROVED this 18th day of November, 2019. APPROVED: ATTEST: Matt Watkins, Mayor Debra Barham, City Clerk Page 4 of 4 Page 9 of 184 AGENDA REPORT FOR: City Council November 14, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 11.18.19 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,691,057.91 ($954,229.74 in Check Nos. 232327-232539; $801,178.36 in Electronic Transfer Nos. 826460-826467, 826526- 826530; $21,862.39 in Check Nos. 53062-53083; $788,183.08 in Electronic Transfer Nos. 30140944-30141472; $125,604.34 in Electronic Transfer Nos. 634-640). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $266,343.95 and, of that amount, authorize $125,516.98 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 10 of 184 REPORTING PERIOD: November 18, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 232327-232539 53062-53083 Total Check Amount $954,229.74 $21,862.39 Total Checks 976,092.13$ Electronic Transfer Numbers 826460-826467 30140944-30141472 634-640 826526-826530 Total EFT Amount $801,178.36 $788,183.08 $125,604.34 $0.00 Total EFTs 1,714,965.78$ Grand Total 2,691,057.91$ Councilmember 270,494.60 20,886.58 0.00 0.00 17.50 10,138.84 311.31 14,279.19 2,004.19 550.00 33,955.45 186.23 1,947.74 865.13 0.00 1,247.86 5,547.47 8,178.60 0.00 18,258.77 2,127.57 HOTEL/MOTEL EXCISE TAX 0.00 0.00 244,001.62 431,636.85 40,436.39 10,535.23 278,239.56 POOLED INVESTMENT 0.00 1,207.33 1,294,003.90 GRAND TOTAL ALL FUNDS:2,691,057.91$ The City Council October 31 - November 13, 2019 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 18th day of November, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING Page 11 of 184 BAD DEBT WRITE-OFF/COLLECTION October 1, - October 31, 2019 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 25.06 1,615.69 1,640.75 Ambulance $ 140,801.91 8,469.05 149,270.96 Court A/R $ .00 106,229.50 106,229.50 Code Enforcement $ .00 9,002.00 9,002.00 Cemetery $ .00 .00 .00 General $ .00 200.74 200.74 Miscellaneous $ .00 .00 .00 TOTAL: $ 140,826.97 125,516.98 266,343.95 Page 12 of 184 AGENDA REPORT FOR: City Council November 13, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Steve Worley, Director Public Works SUBJECT: Basin Disposal Inc. - Overview of Services, 2020 Rate Increase I. REFERENCE(S): BDI Letter 8/26/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the report of the Committee on Solid Waste Rates and the 2020 Basin Disposal Service rates as proposed. 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 adjustment for 2020 is 2.08% (80% of the CPI index as specified in the agreement). Page 13 of 184 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. This item was discussed at the November 12, 2019 Council Workshop. Based on the above, the sub-committee found that the requested increase is consistent with the terms and conditions of the agreement. Page 14 of 184 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 15 of 184 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 16 of 184 AGENDA REPORT FOR: City Council November 13, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Steve Worley, Director Public Works SUBJECT: Lift Station Improvements - Amendment No. 3 to HDR Professional Services Agreement I. REFERENCE(S): Amendment No. 3 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Professional Services Agreement Amendment No. 3 with HDR Engineering, Inc. in the amount of $530,681.00, and further, authorize the City Manager to execute the Amendment. 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 or to the wastewater treatment plant. Page 17 of 184 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 projects. Amendment No. 3 also includes HDR’s services during the bidding and Page 18 of 184 construction phases for all four lift station improvement projects. This Item was discussed at the November 12, 2019 Council Workshop. Staff recommends approval of the proposed Amendment No. 3 with HDR, Inc. Page 19 of 184 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 ______DAY OF _______________, 2019. CITY OF PASCO: CONSULTANT NAME: City of Pasco HDR Engineering, Inc. Dave Zabell, City Manager ATTEST: ______________________________ Debra C. Barham, City Clerk Page 20 of 184 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 EXHIBIT A Page 21 of 184 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 22 of 184 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 23 of 184 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 24 of 184 Sanitary Lift Station Services iv Scope of Services (Amendment 3) THIS PAGE INTENTIONALLY LEFT BLANK Page 25 of 184 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 26 of 184 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 27 of 184 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 28 of 184 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 29 of 184 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 30 of 184 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 31 of 184 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 32 of 184 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 33 of 184 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 34 of 184 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 35 of 184 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 36 of 184 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 37 of 184 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 38 of 184 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 39 of 184 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 40 of 184 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 41 of 184 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 42 of 184 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 43 of 184 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 44 of 184 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 45 of 184 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 46 of 184 Sanitary Lift Station Services 22 Scope of Services (Amendment 3) Attachment 4: Task 600 Drawing List Page 47 of 184 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 48 of 184 Sanitary Lift Station Services 24 Scope of Services (Amendment 3) Attachment 5: Task 600 Specification List Page 49 of 184 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 50 of 184 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 51 of 184 Sanitary Lift Station Services 27 Scope of Services (Amendment 3) Attachment 6: Task 700 Drawing List Page 52 of 184 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 53 of 184 Sanitary Lift Station Services 29 Scope of Services (Amendment 3) Attachment 7: Task 700 Specification List Page 54 of 184 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 55 of 184 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 56 of 184 Sanitary Lift Station Services 32 Scope of Services (Amendment 3) Attachment 8: Estimated Labor Hours Page 57 of 184 Sanitary Lift Station Services 33 Scope of Services (Amendment 3) Page 58 of 184 Sanitary Lift Station Services 34 Scope of Services (Amendment 3) Attachment 9: Schedule Page 59 of 184 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 60 of 184 AGENDA REPORT FOR: City Council November 1, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Richa Sigdel, Director Finance SUBJECT: Ambulance Billing - Professional Services Contract I. REFERENCE(S): Professional Services Agreement with Systems Design West LLC II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Ambulance Billing Professional Services Agreement with Systems Design West LLC and, further, authorize the City Manager to execute the agreement. 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 Page 61 of 184 Ground Emergency Medical Transportation (GEMT) funds, supplemental payment to cover the funding gap between a provider’s actual costs and the allowable amount 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. Staff presented information and this item was discussed at the November 12 Council Workshop meeting. Staff recommends approval by Council. Page 62 of 184 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 63 of 184 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 64 of 184 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 65 of 184 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 66 of 184 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 67 of 184 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 68 of 184 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 69 of 184 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 70 of 184 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 71 of 184 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 72 of 184 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 73 of 184 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 74 of 184 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 75 of 184 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 76 of 184 AGENDA REPORT FOR: City Council November 13, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 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: MOTION: the for Services Professional Agreement approve to the move I Transportation System Master Plan with DKS Associates, and further, authorize the City Manager to execute the agreement. 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 Council and staff to make informed and strategic decisions. The creation of a focused Transportation Master Plan (TMP) will provide the City with Page 77 of 184 a planning level document that the City can use to better address the existing needs of the 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 required to complete the study is $328,326, exceeds the $300,000 allocated for this effort within the adopted budget and the City Managers delegated limit. A copy of the contract is attached to this Agenda Report. This Item was discussed at the November 12, 2019 Council Workshop. Staff recommends approval of the Professional Services Agreement with DKS Associates in the amount of $350,000.00. Page 78 of 184 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 79 of 184 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 80 of 184 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 81 of 184 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 82 of 184 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 83 of 184 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 84 of 184 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 85 of 184 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 86 of 184 Page 87 of 184 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 88 of 184 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 89 of 184 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 90 of 184 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 91 of 184 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 92 of 184 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 93 of 184 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 94 of 184 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 95 of 184 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 96 of 184 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 97 of 184 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 98 of 184 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 99 of 184 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 100 of 184 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 101 of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age 102 of 184 AGENDA REPORT FOR: City Council November 11, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Presentation - Visit Tri-Cities Regional Sports Study I. REFERENCE(S): Powerpoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Approximately one year ago, Visit Tri-Cities, in partnership with the Cities of Pasco, Kennewick, and Richland, began a study to evaluate sports tourism opportunities in the region, including a market needs assessment and financial analysis. In 2018, the Tri-City Regional Hotel-Motel Commission agreed to partially fund a study using tourism promotion revenue administered by Visit Tri-Cities, for $30,000, with each of the three participating Cities contributing $10,000 respectively. This evening, Visit Tri-Cities, with their consultant CH Johnson, will present the findings of the regional study. V. DISCUSSION: Page 103 of 184 1 Pasco, WA Sports Facilities Market & Feasibility Study November 2019 Page 104 of 184 SECTION I: MARKET ANALYSIS SUMMARY Page 105 of 184 2Tri-Cities Market Analysis & Feasibility Study 30-minute drive 1.5-hour drive 4-hour drive Local & Regional Economics and Demographics •30-minute –Kennewick, Pasco,Richland •1.5-hour –Yakima •4-Hour –Spokane,Seattle, Portland,Everett,Tacoma Page 106 of 184 Historic, Current, & Future Population NORTHWEST OHIO SPORTS MARKET ASSESSMENT 3 2010 2018 % Growth 2010-2018 CAGR* 2010-2018 U.S.308,745,538 330,088,686 6.9%0.8% Washington 6,724,540 7,452,102 10.8%1.3% Tri-Cities MSA 253,340 289,286 14.2%1.7% 30-minute drive 233,836 267,077 14.2%1.7% 1.5-hour drive 702,544 758,546 8.0%1.0% 4-hour drive 6,709,718 7,479,424 11.5%1.4% Kennewick 73,910 82,655 11.8%1.4% Pasco 60,892 70,486 15.8%1.8% Richland 48,143 56,134 16.6%1.9% * Compounded Annual Growth Rate Source: Esri BAO, Johnson Consulting Historic & Current Population - Tri-Cities (2010-2018) 2018 2023 % Growth 2018-2023 CAGR* 2018-2023 U.S.330,088,686 343,954,683 4.2%0.8% Washington 7,452,102 7,950,929 6.7%1.3% Tri-Cities MSA 289,286 311,842 7.8%1.5% 30-minute drive 267,077 288,363 8.0%1.5% 1.5-hour drive 758,546 792,940 4.5%0.9% 4-hour drive 7,479,424 7,994,774 6.9%1.3% Kennewick 82,655 88,475 7.0%1.4% Pasco 70,486 76,451 8.5%1.6% Richland 56,134 60,849 8.4%1.6% * Compounded Annual Growth Rate Source: Esri BAO, Johnson Consulting Projected Population - Tri-Cities (2018-2023) Tri -Cities Market Analysis & Feasibility Study •Population has grown at more than double the national average since 2010. •Kennewick,Pasco,Richland all have a significantly higher growth rate than the national average . •Tri -Cities MSA projected to grow at almost double the national average over he next 5 years . •Pasco is projected to grow at more than double the national average Page 107 of 184 Hotel Inventory 4 •4,191 rooms in the market •3,374 rooms 75+room hotels Tri -Cities Market Analysis & Feasibility Study Hotel # of Rooms Hotel # of Rooms Hotel # of Rooms Best Western Plus Kennewick Inn 88 Best Western Plus Pasco Inn & Suites 110 Courtyard by Marriott 120 Clover Island Inn 151 Hampton Inn & Suites Pasco 121 Days Inn Richland 97 Comfort Suites (2019)95 Holiday Inn Express & Suites Pasco 85 Hampton Inn Richland 130 Hampton Inn Kennewick at Southridege 80 Red Lion Hotel & Conference Center 279 Holiday Inn Express & Suites Richland 82 Hilton Garden Inn 120 Roadway Inn Pasco 104 Home2 Suites by Hilton 120 Motel 6 Kennewick 81 -Homewood Suites by Hilton 115 Quality Inn Kennewick 125 M Hotel & Conference Center 195 Red Lion Hotel Columbia Center 162 --Motel 6 Kennewick/Richland 82 SpringHill Suites by Marriott 116 --Red Lion Hotel Richland Hanford House 149 Super 8 Kennewick 95 --Richland Riverfront Shilo Inn 150 --Shilo Inn Suites Hotel Richland 150 --The Lodge at Columbia Point 82 TownePlace Suites by Marriott 90 TOTAL 1,113 699 1,562 AVERAGE 111 140 120 Source: STR, Visit Tri Cities, Johnson Consulting Hotel Inventory - Tri-Cities (75+ Rooms) Kennewick Pasco Richland •Pasco –699 rooms •20.7 percent of all hotels with >75 rooms Page 108 of 184 Hotel Map 5Tri-Cities Market Analysis & Feasibility StudyPage 109 of 184 SECTION II: INDUSTRY TRENDS Page 110 of 184 Sports Participation Trends 7 •Total Sports Per Participant –decreasing •Represents a total loss of approximately 9 million participants •Due to the increased specialization in sports •Total Participation –steadily increasing overall •10.71 percent increase from 2011 to 2017 Tri -Cities Market Analysis & Feasibility StudyPage 111 of 184 Total Participation by Sport 8Tri-Cities Market Analysis & Feasibility Study Note: # in Millions of People Sport Definition 2013 2014 2015 2016 2017 2018 YTY % Change 5 Year % Change Baseball Total Participation 1+ time 13,284 13,152 13,711 14,760 15,643 15,877 1.5%3.7% Casual 1-12 times 4,201 4,295 4,803 5,673 6,405 6,563 2.5%9.5% CORE 13+ times 9,083 8,857 8,908 9,087 9,238 9,314 0.8%0.5% Football (Flag) Total Participation 1+ time 5,610 5,507 5,829 6,173 6,551 6,572 0.3%3.3% Casual 1-12 times 2,813 2,838 3,105 3,249 3,572 3,573 0.0%5.0% CORE 13+ times 2,797 2,669 2,724 2,924 2,979 2,999 0.7%1.5% Rugby Total Participation 1+ time 1,183 1,276 1,349 1,550 1,621 1,560 -3.8%5.9% Casual 1-7 times 756 836 918 1,090 1,097 998 -9.1%6.2% CORE 8+ times 427 440 431 460 524 562 7.3%5.8% Sports by Participation Football (Touch) Total Participation 1+ time 7,140 6,586 6,487 5,687 5,629 5,517 -2.0%-4.9% Casual 1-12 times 3,952 3,727 3,809 3,304 3,332 3,313 -0.6%-3.3% CORE 13+ times 3,188 2,859 2,678 2,383 2,297 2,204 -4.0%-7.1% Football (Tackle) Total Participation 1+ time 6,165 5,978 6,222 5,482 5,223 5,156 -1.3%-3.4% Casual 1-12 times 2,601 2,588 2,842 2,242 2,145 2,258 5.3%-2.2% CORE 13+ times 3,564 3,390 3,380 3,240 3,078 2,898 -5.8%-4.0% Ultimate Frisbee Total Participation 1+ time 5,078 4,530 4,409 3,673 3,126 2,710 -13.3%-11.7% Casual 1-12 times 3,715 3,448 3,371 2,746 2,270 1,852 -18.4%-12.7% CORE 13+ times 1,363 1,082 1,038 927 856 858 0.3%-8.6% •Top Sports Increasing •Rugby (5.9%) •Baseball (3.7%) •Flag Football (3.3%) •Top Sports Decreasing •Ultimate Frisbee (-11.7%) •Touch Football (-4.9%) •Tackle Football (-3.4%)Page 112 of 184 Mega Sports Complexes 9Tri-Cities Market Analysis & Feasibility StudyPage 113 of 184 SECTION III: LOCAL AND REGIONAL AUDIT Page 114 of 184 Local Tournament Quality Facilities 11Tri-Cities Market Analysis & Feasibility Study •Basketball Facilities: 5 •Ice Facilities: 1 •Soccer Facilities: 1 •Baseball/Softball Facilities: 0 Page 115 of 184 Local Tournament Quality Facilities 12Tri-Cities Market Analysis & Feasibility Study Requirements for Tournament Quality Complex •Multipurpose: >=10 fields •Ice/Hockey: >=2 Rinks; •Basketball/Volleyball>=4 courts; •Baseball/Softball: >=8 Fields Page 116 of 184 Regional Tournament Quality Facilities (4-hour drive time) 13Tri-Cities Market Analysis & Feasibility Study •Outdoor Multipurpose (Soccer): 9 •Indoor Basketball Volleyball: 3 •Indoor Ice: 3 •Outdoor Baseball/Softball: 5 •Main competitors regionally are Yakima, Spokane, Portland, and Seattle. 30-minute drive 1.5-hour drive 4-hour drive Page 117 of 184 SECTION IV: SITE ANALYSIS & RECOMMENDATIONS Page 118 of 184 15 Pasco Potential Sites Tri -Cities Market Analysis & Feasibility Study Facility Location Type A' Street Sports Complex Pasco Land Road 48 Complex Pasco Land TCYSA Complex Pasco Existing Complex TRAC Center Pasco Existing Complex Source:Visit Tri-Cities, Johnson Consulting Development Sites Tri-Cities, WA Page 119 of 184 16Tri-Cities Market Analysis & Feasibility Study Recommended Site –Pasco TCYSA Complex Page 120 of 184 17Tri-Cities Market Analysis & Feasibility Study Preliminary Recommended Program –Pasco Repurpose the TCYSA Soccer Complex and Restructure the Current Contract with TCYSA Johnson Consulting is recommending that the current TCYSA Soccer Complex is repurposed and turf is laid down on most fields.Turf will help the fields be used for longer periods of time while being able to accompany different sports.It is also recommended that the city review their current contract with TCYSA and their exclusive rights to field use.Having a complex of this size should be more accessible and would greatly assist in the overall problem of demand shortage among multiple different programs across multiple different sports.The full recommended program is presented below: Repurpose the TCYSA Soccer Complex •Turf 8 -10 fields •Highest quality turf on market •Championship Stadium with seating for approximately 500 •4-6 lighted fields •Practice/Warm up area (turf) •Concessions •Restrooms •Equipment Storage Area Source: DE Turf Complex Recommended Operating Model: Public Page 121 of 184 SECTION V: DEMAND, FINANCIALS, AND ECONOMIC IMPACTS Page 122 of 184 19Tri-Cities Market Analysis & Feasibility Study Projected Demand &Attendance •71 events at stabilization •57,000 total projected visitors by stabilization •8 regional tournaments •14 local tournaments Page 123 of 184 20Tri-Cities Market Analysis & Feasibility Study 10 Year Operating Proforma •Rental income makes up the largest portion of revenues by far,accounting for more than $651,000 in Year 1 and $854,000 million by Year 5. •Wages &Benefits -$455,000 in Year 1,$514,791 by Year 5 •Capital Reserve –5%in Year 4 Page 124 of 184 21Tri-Cities Market Analysis & Feasibility Study Economic Impact Projections –Total Economic Impacts Multiplier*Year 5 Direct Spending $3,725 Indirect Spending 0.30 $1,118 Induced Spending 0.40 $1,490 Total Spending $6,333 Increased Earnings 0.34 $1,267 Employment (FTE Jobs)15.14 56 Sales Tax 8.6%$320.4 State of Washington 6.5%$242.2 Franklin County 2.10%$78.2 Hotel/ Motel Tax 2.0%$37.3 Est. Room Nights 7,665 *Reflects the impact for each $1 million of direct spending. Source: Johnson Consulting Pasco Sports Complex Summary of Local & Regional Economic Impacts ($000s) Hotel $100 Means & Entertainment $66 TOTAL DAILY SPEND $166 Average Daily Spend Multiplier or Tax Rate Amount Est. Hard Costs for Development $9,000,000 Impact on Construction Jobs % of Costs Spent on Labor 55.0% Labor Costs $4,950,000 Average Construction Laborer Salary $30,000 # of On-Site Construction Jobs 170 ✓ Economic Impact % of Costs Spent on Material 45.0% Material Costs $4,050,000 % Spent Locally 80.0% Direct Construction Spending $3,240,000 Indirect Spending 0.30 970,000 Induced Spending 0.40 1,300,000 Total Spending $5,510,000 ✓ Increased Earnings 0.34 $1,100,000 ✓ Employment (in FTE Jobs)15.14 50 ✓ Fiscal Impact Sales Tax 8.60%$470,000 Total $470,000 ✓ Source: Johnson Consulting Pasco Outdoor Sports Complex Estimated One-Time Construction Impact Page 125 of 184 AGENDA REPORT FOR: City Council November 4, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Limited Tax General Obligation (LTGO) Bond I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____ relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $23,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to design, construct and equip replacement fire stations for Station No. 83 and Station No. 84, a regional animal shelter facility, improvements to Gesa Stadium, and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, authorize publication by summary only. 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 Page 126 of 184 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. 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. 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 timely 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 the 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 Page 127 of 184 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 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, 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 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. Taxable 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. 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 No. 83 $11,000,000 - Relocation of Fire Station No. 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 128 of 184 This item was discussed at the November 12 Council Workshop. Staff recommends approval by the Council. Page 129 of 184 FG:53531057.4 CITY OF PASCO, WASHINGTON ORDINANCE NO. ____ AN ORDINANCE of the City of Pasco, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $23,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to design, construct and equip replacement fire stations for Station 83 and Station 84, a regional animal shelter facility, improvements to Gesa Stadium, and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Passed November 18, 2019 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 Page 130 of 184 -i- TABLE OF CONTENTS* Page Section 1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations .................................................................................. 4 Section 3. Authorization of Bonds ........................................................................................... 4 Section 4. Description of Bonds; Appointment of Designated Representative ....................... 5 Section 5. Bond Registrar; Registration and Transfer of Bonds .............................................. 5 Section 6. Form and Execution of Bonds ................................................................................ 6 Section 7. Payment of Bonds ................................................................................................... 6 Section 8. Funds and Accounts; Deposit of Proceeds .............................................................. 7 Section 9. Redemption Provisions and Purchase of Bonds ..................................................... 7 Section 10. Failure To Pay Bonds.............................................................................................. 8 Section 11. Pledge of Taxes ....................................................................................................... 8 Section 12. Tax Covenants ........................................................................................................ 9 Section 13. Refunding or Defeasance of the Bonds .................................................................. 9 Section 14. Sale and Delivery of the Bonds ............................................................................ 10 Section 15. Official Statement; Continuing Disclosure ........................................................... 10 Section 16. Supplemental and Amendatory Ordinances .......................................................... 10 Section 17. General Authorization and Ratification ................................................................ 11 Section 18. Severability ........................................................................................................... 11 Section 19. Effective Date of Ordinance ................................................................................. 12 Exhibit A Parameters for Final Terms Exhibit B Form of Undertaking to Provide Continuing Disclosure *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. Page 131 of 184 -1- CITY OF PASCO, WASHINGTON ORDINANCE NO. ____ AN ORDINANCE of the City of Pasco, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $23,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to design, construct and equip replacement fire stations for Station 83 and Station 84, a regional animal shelter facility, improvements to Gesa Stadium, and other capital purposes, as deemed necessary and advisable by the City, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity. (b) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) “Bond” means each bond issued pursuant to and for the purposes provided in this ordinance. (d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) “Bond Fund” means the Limited Tax General Obligation Bond Fund, 2019, of the City created for the payment of the principal of and interest on the Bonds. (f) “Bond Purchase Agreement” means an offer to purchase the Bonds setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (g) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (h) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar selected by the City. Page 132 of 184 -2- (i) “City” means the City of Pasco, Washington, a municipal corporation duly organized and existing under the laws of the State. (j) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time (k) “City Manager” means the City’s City Manager or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (l) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (n) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (o) “Final Terms” means the terms and conditions for the sale of the Bonds including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (p) “Finance Director” means the City’s Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (q) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (r) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (s) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (t) “Letter of Representations” means the Blanket Issuer Letter of Representations between the City and DTC, dated August 31, 1998, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (u) “MSRB” means the Municipal Securities Rulemaking Board. (v) “Official Statement” means an offering document, disclosure document, private placement memorandum or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of the Bonds in conformance with Rule 15c2-12 or other applicable regulations of the SEC. Page 133 of 184 -3- (w) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (x) “Projects” means the design, construction and equipping of replacement fire stations for Station 83 and Station 84, a regional animal shelter facility, improvements to Gesa Stadium, and other capital purposes, as deemed necessary and advisable by the City. Incidental costs incurred in connection with carrying out and accomplishing the Projects, consistent with RCW 39.46.070, may be included as costs of the Projects. The Projects include acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances in or for the foregoing. (y) “Project Accounts” means the accounts of the City created by the Finance Director into which proceeds of the Bonds are deposited for the purpose of carrying out the Projects. (z) “Purchaser” means D.A. Davidson & Co. of Seattle, Washington, or such other purchaser of the Bonds whose offer is accepted by the Designated Representative in accordance with this ordinance. (aa) “Rating Agency” means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (bb) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (cc) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book-entry only system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (dd) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (ee) “SEC” means the United States Securities and Exchange Commission. (ff) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (gg) “State” means the State of Washington. (hh) “System of Registration” means the system of registration for the City’s bonds and other obligations set forth in Ordinance No. 2845 of the City. (ii) “Term Bond” means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Agreement. Page 134 of 184 -4- (jj) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 15(c) of this ordinance. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of Projects. The City is in need of a replacements for Fire Station 83 and Fire Station 84, a regional animal shelter facility and improvements to Gesa Stadium, and the City under State law has broad authority to acquire and construct facilities appropriate to the good government of the City. The City Council therefore finds that it is in the best interests of the City to carry out the Projects. (b) Plan of Financing. Pursuant to applicable law, including without limitation chapters 39.36 and 39.46 RCW, the City is authorized to issue general obligation bonds for the purpose of financing the Projects. The total expected cost of the Projects is approximately $23,000,000, which is expected to be financed with proceeds of the Bonds and other available funds allocated to the cost of the Projects, including funds contributed for the regional animal shelter facility by the Cities of Kennewick and Richland, Washington. (c) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $23,000,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2019 is $5,500,291,262. (2) As of October 1, 2019, the City has limited tax general obligation indebtedness, consisting of bonds, notes, leases and conditional sales contracts outstanding in the principal amount of $8,865,000, which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) As of October 1, 2019, the City has no outstanding unlimited tax general obligation indebtedness. (d) The Bonds. For the purpose of providing the funds necessary to carry out the Projects and to pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the City’s Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing indebtedness in the principal amount not to exceed $23,000,000 to provide funds necessary to carry out the Projects and to pay the costs of issuance and sale of the Bonds. The proceeds of the Bonds allocated to paying the cost of the Projects shall be deposited as set forth in Section 8 of Page 135 of 184 -5- this ordinance and shall be used to carry out the Projects, or a portion of the Projects, in such order of time as the City determines is advisable and practicable. Section 4. Description of Bonds; Appointment of Designated Representative. The City Manager and the Finance Director each are appointed as the Designated Representative of the City and each of them acting alone is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds; Bond Register. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. (b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Transfer or Exchange. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book-Entry Only Form. DTC is appointed as initial Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book-entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book-entry only form. Upon the resignation of the Securities Page 136 of 184 -6- Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book-entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate Of Authentication. This Bond is one of the fully registered City of Pasco, Washington, Limited Tax General Obligation Bonds, 2019, described in the Bond Ordinance.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of Page 137 of 184 -7- the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts; Deposit of Proceeds. (a) Bond Fund. The Bond Fund is created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. Accrued interest on the Bonds, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Fund. Until needed for that purpose, the City may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and used for the purposes of that fund. (b) Projects Account. The Projects Account has been previously created as an account of the City for the purpose of paying the costs of the Projects. Proceeds received from the sale and delivery of the Bonds shall be deposited into the Projects Account and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Projects Account and used for the purposes of that fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Projects Account and used for those tax or rebate purposes. Section 9. Redemption Provisions and Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A and except as set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Agreement. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All Page 138 of 184 -8- or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of and interest on the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by Page 139 of 184 -9- law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the City. Section 12. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Page 140 of 184 -10- Section 14. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell the Bonds by negotiated sale to the Purchaser, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. The Bond Purchase Agreement for the Bonds shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Agreement on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (b) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with the sale of the Bonds to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and been deemed final, if applicable, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for the Bonds to be sold to the public in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a), with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final Official Statement to the Purchaser if required under Rule 15c2-12. The City authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of the Bonds. (c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in substantially the form attached as Exhibit B. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: Page 141 of 184 -11- (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser thereof and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Page 142 of 184 -12- Section 19. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 18th day of November, 2019. Matt Watkins, Mayor ATTEST: Debra Barham, City Clerk APPROVED AS TO FORM: Foster Garvey P.C. Bond Counsel Page 143 of 184 Exhibit A A-1 EXHIBIT A DESCRIPTION OF THE BONDS (a) Principal Amount. The Bonds may be issued in an amount not to exceed the aggregate principal amount of $23,000,000. (b) Date or Dates. Each Bond shall be dated its Issue Date, which date may not be later than one year after the effective date of this ordinance. (c) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (d) Interest Rate(s). Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30- day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 6.00%, and the true interest cost to the City for the Bonds may not exceed 4.50%. (e) Payment Dates. Interest shall be payable at fixed rates semiannually on dates acceptable to the Designated Representative, commencing no later than one year after the effective date of this ordinance. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments annually thereafter, on dates acceptable to the Designated Representative. (f) Final Maturity. The Bonds shall mature no later than the date that is 30 years after the Issue Date. (g) Redemption Rights. The Designated Representative may approve in the Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, subject to the following: (1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Agreement; or (B) not subject to redemption prior to its maturity date. If a Bond is subject to optional Page 144 of 184 A-2 redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 10½ years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Agreement. (h) Price. The aggregate purchase price for the Bonds may not be less than 98% or more than 135% of the stated principal amount of the Bonds. (i) Other Terms and Conditions. (1) The Bonds may not be issued if it would cause the indebtedness of the City to exceed the City’s legal debt capacity on the Issue Date. (2) The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. Page 145 of 184 Exhibit B B-1 [Form of] UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Pasco, Washington Limited Tax General Obligation Bonds, 2019 The City of Pasco, Washington (the “City”), makes the following written Undertaking for the benefit of holders of the above-referenced bonds (the “Bonds”), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. ____ of the City (the “Bond Ordinance”). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b)(i) (“annual financial information”); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under Page 146 of 184 B-2 the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term “financial obligation” means a (A) debt obligation; (B) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (C) guarantee of (A) or (B). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12. (iii) Timely notice of a failure by the City to provide the required annual financial information described in paragraph (b)(i) on or before the date specified in paragraph (b)(ii). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time; (2) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (3) assessed valuation for that fiscal year; (4) property tax levy amounts and rates for that fiscal year; and (5) a statement of revenues for that fiscal year from any other revenue sources pledged to the Bonds; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2019; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. If not submitted as part of the annual financial information described in paragraph (b)(i) above, the City will provide or cause to be provided to the MSRB audited financial statements, when and if available. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. Page 147 of 184 B-3 (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided in paragraph (a)(i); (ii) Determining whether any failure to provide the annual financial information undertaken to be provide in paragraph (a)(i) has occurred and providing any notice undertaken to be provided in paragraph (a)(iii); (iii) Determining whether any event specified in items (1)-(16) of paragraph (a)(ii) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any notice undertaken to be provided in paragraph (a)(ii) of its occurrence; (iv) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (v) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (vi) Effecting any necessary amendment of this Undertaking. Page 148 of 184 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on November 18, 2019, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is ___________, 2019. 5. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: __________, 2019. CITY OF PASCO, WASHINGTON Debra Barham, City Clerk Page 149 of 184 AGENDA REPORT FOR: City Council November 6, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Ken Roske, Police Chief Police Department SUBJECT: Fireworks Ordinance Update I. REFERENCE(S): Ordinance Amending Sections of the PMC Related to Fireworks II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No.________, Amending Sections 5.96.010: License required, 5.96.030: Permit fee, 5.96.040: Term of license, 5.96 070: Timing for filing of application, 5.96.080: Fireworks sales requirements, and 3.35.050: Business licenses of the Pasco Municipal Code and further, authorize publication by summary only. 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, 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 the use of consumer fireworks by ordinance. 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 the Pasco Municipal Code (PMC) 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 Page 150 of 184 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. 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 the 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 Item Nos. 1, 3 and 4, staff has sufficient policy direction and support to execute. Page 151 of 184 Item No. 2 requires further Council action, specifically by increasing the maximum number of permits/licenses for the sale of consumer fireworks from four (4) to eight (8) within a twelve month period. Additional changes have been identified by the City Attorney as being necessary to align sales fireworks of duration regarding the State with PMC the statutes 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 is recommending that Council adopt the ordinance as presented. Page 152 of 184 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 153 of 184 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 154 of 184 (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 155 of 184 (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 156 of 184 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 157 of 184 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 158 of 184 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 159 of 184 AGENDA REPORT FOR: City Council November 13, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Angela Pashon, Policy Analyst Executive SUBJECT: Creation of an Arts and Culture Commission I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Ordinance No. _____, establishing an Arts and Culture Commission. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: 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). Most recently, the City Council was briefed and deliberated on the creation of a seven (7) member Arts and Culture Commission at the October 28 and November 12 Workshop meetings. As proposed, the Arts and Culture Commission could enhance the positive impact of public art and culture by strategically promoting public these efforts through critical thinking, communication, and innovation. V. DISCUSSION: The draft ordinance discussed at the November 12 workshop has been modified to Page 160 of 184 reflect Council direction provided to staff regarding composition of the commission, specifically, providing for three (3) Art professionals and two (2) Community members. If approved, staff plans to recruit for Arts and Culture Commission members in conjunction with the annual recruitment efforts for other City Boards and Commissions. 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 approval of the attached ordinance creating an Arts and Culture Commission. Page 161 of 184 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 162 of 184 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) Three (3) 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) Two (2) Community members 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 163 of 184 (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 164 of 184 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 165 of 184 AGENDA REPORT FOR: City Council November 13, 2019 TO: Dave Zabell, City Manager Regular Meeting: 11/18/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Purchase and Sale Agreement - City Purchase of Future Park Land I. REFERENCE(S): Resolution Purchase and Sale Agreement with the Pasco School District Schedule D, Stipulations for Joint Maintenance and Development II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, approving the Purchase and Sale Agreement with the Pasco School District for future park land adjacent to Three Rivers Elementary School and thus authoirize the City Manager to sign and execute the Purchase and Sale Agreement. III. FISCAL IMPACT: Purchase Price $325,000 - Funded through CIP Real Estate Excise Tax Fund (2) IV. HISTORY AND FACTS BRIEF: Over the past several years, the City and Pasco School District (PSD) have partnered on the development of several parks and open space projects located adjacent to new schools. This has allowed for significant savings for both agencies in terms of property acquisition, capital outlay and maintenance and upkeep, all of which benefits the taxpayers and community members using these facilities. This current project is adjacent to the newly opened Three Rivers Elementary school located at the intersection of Road 80 and Massey Drive. Late in the summer of 2019, the PSD surplussed the property in question and made ready for sale to the City of Pasco. Staff recommends the purchase easterly 5 acres of the PSD property to develop a neighborhood park in the rapidly developing Chapel Hill Page 166 of 184 Blvd. area formerly owned by DNR. If approved, construction is anticipated in late summer/early fall of 2020, with completion by spring of 2021. Per the provisions of the proposed PSA, the specific roles and responsibilities for development and maintenance are as follows: • The City develops eastern 5 acres, PSD develops 12.68 acres. • The PSD will maintain: all turf, trees, and plant material, as well as provide irrigation monitoring and repairs, mowing, fertilization, weed control, and general upkeep of the park lands. • The City will maintain any trees on its 5 acres, provide trash pickup, maintain pathways, shade tables, fountains, structures, play maintain and provide structures and hardware items on its 5 acres. Each party will pay a pro-rata share of irrigation water provided to the site. The total irrigated area will be 17.68 acres. The PSD acreage totals 12.68 and the City's acreage is 5; therefore the City's proportionate share of irrigation costs will be 28%. Closing on this property is expected to occur before December 31, 2019 and an exact schedule for closing and payment will be developed over the coming weeks. V. DISCUSSION: Staff recommends approval of the Resolution authorizing execution of the Purchase and Sale Agreement. Page 167 of 184 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR PURCHASE OF 5 ACRES OF PARK LAND. WHEREAS, the Pasco School District authorized the sale of five (5) acres adjacent to Three Rivers Elementary, listing the purchase price as $325,000; and WHEREAS, through discussion of mutual goals of both the Pasco School District and the City of Pasco to provide recreational opportunities to the public, and WHEREAS, the City has reviewed the Purchase and Sale Agreement and all associated exhibits attached thereto, and WHEREAS¸ the City has appropriated funding for purchase in the amount of the listing price; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the attached Purchase and Sale agreement is satisfactory to the goals and budget for the City of Pasco and the purchase of the subject property is advantageous to the City, , and Be It Further Resolved, that the City Manager is hereby authorized to execute the Purchase and Sale agreement attached hereto as Exhibit “A.” PASSED by the City Council of the City of Pasco this 18th day of November, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Eric Ferguson City Clerk City Attorney Page 168 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENTThishasbeenpreparedforsubmissiontoyourattorneyforreviewand approval prior to signing.No representation is made by licensee as to its sufficiency or tax consequences Reference Date: ,20 19 City of Pasco,a Washington Municipal Corporation ("Buyer")agrees to buy and Pasco School District No.1 (“Seller”)agrees to sell,on the following terms,the commercial real estate and all improvements thereon (collectively,the “Property”)commonly known as Franklin County Tax Parcel No.117-581-011 in the City of Pasco , Franklin County,Washington, 99301 ,legally described on attached Exhibit A.The Reference Date above is intended to be used to reference this Agreement and is not the date of "Mutual Acceptance,"which is defined in Section 23. 1.PURCHASE PRICE. The purchase price is Three Hundred Twenty Five Thousand Dollars ($ 325,000.00 ) payable as follows (check only one): X All cash at closing with no financing contingency. All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA Form PS_FIN). $ OR %of the purchase price in cash at closing with the balance of the purchase price paid as follows (check one or both,as applicable): Buyer's assumption of the outstanding principal balance as of the Closing Date of a first lien note and deed of trust (or mortgage),or real estate contract,in accordance with the Financing Addendum (attach CBA Form PS_FIN); Buyer's delivery at closing of a promissory note for the balance of the purchase price,secured by a deed of trust encumbering the Property,in accordance with the Financing Addendum (attach CBA Form PS_FIN ). Other: . 2.EARNEST MONEY.The earnest money in the amount of $ 10,000.00 shall be in the form of Cash X Personal check Promissory note (attached CBA Form EMN) Other: The earnest money shall be held by Selling Firm X Closing Agent.Selling Broker may,however,transfer the earnest money to Closing Agent. Buyer shall deliver the earnest money no later than: X 10 days after Mutual Acceptance. On the last day of the Feasibility Period defined in Section 5 below. Other: . If the earnest money is to be held by Selling Firm and is over $10,000,it shall be deposited to: Selling Firm's pooled trust account (with interest paid to the State Treasurer) A separate interest bearing trust account in Selling Firm's name.The interest,if any,shall be credited at closing to Buyer.If this sale fails to close,whoever is entitled to the earnest money is entitled to interest. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance,whichever occurs later.Buyer agrees to pay financing and purchase costs incurred by Buyer. Unless otherwise provided in this Agreement,the earnest money shall be applicable to the purchase price. 3.EXHIBITS AND ADDENDA.The following Exhibits and Addenda are made a part of this Agreement: Page 1 of 13 Page 169 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) X Exhibit A -Legal Description Earnest Money Promissory Note,CBA Form EMN Promissory Note,LPB Form No.28A Short Form Deed of Trust,LPB Form No.20 Deed of Trust Rider,CBA Form DTR Utility Charges Addendum,CBA Form UA FIRPTA Certification,CBA Form 22E Assignment and Assumption,CBA Form PS-AS Addendum/Amendment,CBA Form PSA Back-Up Addendum,CBA Form BU-A Vacant Land Addendum,CBA Form VLA Financing Addendum,CBA Form PS_FIN Tenant Estoppel Certificate,CBA Form PS_TEC Defeasance Addendum,CBA Form PS_D Other 4.SELLER’S UNDERLYING FINANCING. Unless Buyer is assuming Seller’s underlying financing,Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out"or similar covenant which would prevent the lender's lien from being released at closing.In addition,Seller shall provide Buyer notice prior to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as “defeasance”).If Seller provides this notice of defeasance to Buyer,then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller’s defeasance notice to Buyer. 5.FEASIBILITY CONTINGENCY. Buyer’s obligations under this Agreement are conditioned upon Buyer's satisfaction in Buyer’s sole discretion,concerning all aspects of the Property,including its physical condition; the presence of or absence of any hazardous substances;the contracts and leases affecting the property;the potential financial performance of the Property;the availability of government permits and approvals;and the feasibility of the Property for Buyer's intended purpose.This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within 30 days(30 days if not filled in)(the “Feasibility Period”)of Mutual Acceptance stating that this condition is satisfied.If such notice is timely given,the feasibility contingency stated in this Section 5 shall be deemed to be satisfied. a.Books,Records,Leases,Agreements.Seller shall make available for inspection by Buyer and its agents within days (2 days if not filled in)after Mutual Acceptance all documents in Seller’s possession or control relating to the ownership,operation,renovation or development of the Property, excluding appraisals or other statements of value,and including:statements for real estate taxes, assessments,and utilities for the last three years and year to date;property management agreements and any other agreements with professionals or consultants;leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants,rents,prepaid rents,deposits and fees;plans,specifications,permits,applications,drawings,surveys,and studies;maintenance records,accounting records and audit reports for the last three years and year to date;and “Vendor Contracts”which shall include maintenance or service contracts,and installments purchase contracts or leases of personal property or fixtures used in connection with the Property.Buyer shall determine within the Feasibility Period:(i)whether Seller will agree to terminate any objectionable Vendor Contracts;and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts.Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate.Buyer shall be solely responsible for Page 2 of 13 Page 170 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) obtaining any required consents to such assumption and the payment of any assumption fees.Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of- pocket expenses or liability in doing so.Seller shall transfer the Vendor Contracts as provided in Section 17. b.Access. Seller shall permit Buyer and its agents,at Buyer's sole expense and risk to enter the Property at reasonable times subject to the rights of and after legal notice to tenants,to conduct inspections concerning the Property and improvements,including without limitation,the structural condition of improvements,hazardous materials,pest infestation,soils conditions,sensitive areas,wetlands,or other matters affecting the feasibility of the Property for Buyer’s intended use.Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security,confidentiality,and disruption of Seller's tenants.Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining the Seller's prior written consent,which shall not be unreasonably withheld.Buyer shall restore the Property and improvements to the same condition they were in prior to inspection.Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens.Buyer agrees to indemnify and defend Seller from all liens,costs,claims,and expenses,including attorneys'and experts' fees,arising from or relating to entry onto or inspection of the Property by Buyer and its agents.This agreement to indemnify and defend Seller shall survive closing.Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the feasibility contingency only for the purpose of leasing or to satisfy conditions of financing. c.Buyer waives the right to receive a seller disclosure statement (“Form 17-Commercial”)if required by RCW 64.06.However,if Seller would otherwise be required to provide Buyer with a Form 17-Commercial,and if the answer to any of the questions in the section of the Form 17-Commercial entitled “Environmental” would be “yes,”then Buyer does not waive the receipt of the “Environmental”section of the Form 17- Commercial which shall be provided by Seller. 6.TITLE INSURANCE. a.Title Report.Seller authorizes Buyer,its Lender,Listing Broker,Selling Broker or Closing Agent,at Seller’s expense,to apply for and deliver to Buyer a X standard extended (standard,if not completed) coverage owner’s policy of title insurance.Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy,and the cost of any survey required by the title insurer.The title report shall be issued by Chicago Title Insurance Company (a title company of Seller’s choice,if not completed).If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use,Buyer shall pay any cancellation fee owing to the original title insurer.Otherwise,the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. b.Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of:(1)twenty (20)days after Mutual Acceptance of this Agreement; or (2)the expiration of the Feasibility Period.This Agreement shall terminate and Buyer shall receive a refund of the earnest money,less any costs advanced or committed for Buyer,unless within five (5)days of Buyer’s notice of such objections (1)Seller agrees,in writing,to remove all objectionable provisions or (2)Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove.If any new title matters are disclosed in a supplemental title report,then the preceding termination,objection and waiver provisions shall apply to the new title matters except that Buyer’s notice of objections must be delivered within five (5)days of delivery of the supplemental report and Seller’s response or Buyer’s waiver Page 3 of 13 Page 171 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) must be delivered within two (2)days of Buyer’s notice of objections.The closing date shall be extended to the extent necessary to permit time for these notices.Buyer shall not be required to object to any mortgage or deed of trust liens,or the statutory lien for real property taxes,and the same shall not be deemed to be Permitted Exceptions;provided,however,that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception.Except for the foregoing,those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the “Permitted Exceptions.”Seller shall cooperate with Buyer and the title company to clear objectionable title matters but shall not be required to incur any out-of-pocket expenses or liability other than payment of monetary encumbrances not assumed by Buyer and proration of real property taxes,and Seller shall provide an owner's affidavit containing the information and reasonable covenants requested by the title company.The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7.CLOSING OF SALE. The sale shall be closed on no later than 15 days from the date the Feasibility Contingency is waived ,(“Closing”)by Cheleena Pentaude -Chicago Title Insurance Company (“Closing Agent”)(Seller shall select the Closing Agent,if not completed).Buyer and Seller shall deposit with Closing Agent by 12:00 p.m.on the scheduled Closing date all instruments and monies required to complete the purchase in accordance with this Agreement.“Closing”shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller.Time is of the essence in the performance of this Agreement.Sale proceeds shall be considered available to Seller,even though they cannot be disbursed to Seller until the next business day after Closing.Notwithstanding the foregoing,if Seller informed Buyer during the Feasibility Period that Seller’s underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three-day closing process described in CBA Form PS_D.This Agreement is intended to constitute escrow instructions to Closing Agent.Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 8.CLOSING COSTS AND PRORATIONS.Seller shall deliver an updated rent roll to Closing Agent not later than two (2)days before the scheduled Closing date in the form required by Section 5(a)and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing.Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy.Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer,and the cost of any survey required in connection with the same.Seller and Buyer shall each pay one-half of the escrow fees.Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code.Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies;interest;utilities;and other operating expenses shall be pro-rated as of Closing.If tenants pay any of the foregoing expenses directly,then Closing Agent shall only pro rate those expenses paid by Seller.Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing.Buyer shall pay all costs of financing including the premium for the lender's title policy.If the Property was taxed under a deferred classification prior to Closing,then Seller shall pay all taxes,interest,penalties,deferred taxes or similar items which result from removal of the Property from the deferred classification.At Closing,all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law.Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. a.Unpaid Utility Charges. Buyer and Seller WAIVE X DO NOT WAIVE (do not waive if neither box checked)the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility Page 4 of 13 Page 172 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) charges affecting the Property pursuant to RCW 60.80.If "do not waive"is checked,then attach CBA Form UA ("Utility Charges"Addendum)to this Agreement. 9.POST-CLOSING ADJUSTMENTS,COLLECTIONS,AND PAYMENTS.After Closing,Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates.Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice.At Buyer's option,Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12%per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing,if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses,then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation.Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing,and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing.The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt.Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. 10.OPERATIONS PRIOR TO CLOSING. Prior to Closing,Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement.After the Feasibility Period,Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into,modify,extend,renew or terminate residential rental agreements or residential leases in the ordinary course of its business),service contracts,or other agreements affecting the Property which have terms extending beyond Closing without first obtaining Buyer's consent,which shall not be unreasonably withheld. 11.POSSESSION.Buyer shall be entitled to possession X on closing (on closing,if not completed). Buyer shall accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period. 12.SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the feasibility contingency stated in Section 5 above,including in the books,records and documents made available to Buyer,or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that,to the best of Seller's actual knowledge,each of the following is true as of the date hereof:(a)Seller is authorized to enter into the Agreement,to sell the Property,and to perform its obligations under the Agreement;(b)The books,records,leases,agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property;(c)Seller has not received any written notices that the Property or the business conducted thereon violate any applicable laws,regulations,codes and ordinances;(d)Seller has all certificates of occupancy,permits,and other governmental consents necessary to own and operate the Property for its current use;(e)There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing;(f)There is no pending or threatened condemnation or similar proceedings affecting the Property,and the Property is not within the boundaries of any planned or authorized local improvement district;(g)Seller has paid (except to the extent prorated at Closing)all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above)attributable to the period prior to closing which,if not paid,could constitute a lien on Property (including any personal property),or for which Buyer may be held liable after Closing;(h)Seller is not aware Page 5 of 13 Page 173 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) of any concealed material defects in the Property except as disclosed to Buyer in writing during the Feasibility Period;(i)There are no Hazardous Substances (as defined below)currently located in,on,or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below);there are no underground storage tanks located on the Property;and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property.As used herein,the term "Hazardous Substances"shall mean any substance or material now or hereafter defined or regulated as a hazardous substance,hazardous waste, toxic substance,pollutant,or contaminant under any federal,state,or local law,regulation,or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law").The term "Hazardous Substances"specifically includes,but is not limited to, petroleum,petroleum by-products,and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the same were deemed made as of the date of such discovery,then the party discovering the same shall promptly notify the other party in writing.If the newly-discovered information will result in costs or liability to Buyer in excess of the lesser of $100,000 or five percent (5%)of the purchase price stated in this Agreement,or will materially adversely affect Buyer's intended use of the Property,then Buyer shall have the right to terminate the Agreement and receive a refund of its earnest money.Buyer shall give notice of termination within five (5)days of discovering or receiving written notice of the new information.Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly-discovered information such that a representation provided for above was false. 13.AS-IS. Except for those representations and warranties specifically included in this Agreement:(i)Seller makes no representations or warranties regarding the Property;(ii)Seller hereby disclaims,and Buyer hereby waives,any and all representations or warranties of any kind,express or implied,concerning the Property or any portion thereof,as to its condition,value,compliance with laws,status of permits or approvals,existence or absence of hazardous material on site,occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property,including the warranties of fitness for a particular purpose,tenantability,habitability and use;(iii)Buyer otherwise takes the Property “AS IS;”and (iv)Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. 14.PERSONAL PROPERTY. a.This sale includes all right,title and interest of Seller to the following tangible personal property: X None That portion of the personal property located on and used in connection with the Property,which Seller will itemize in an Exhibit to be attached to this Agreement within ten (10)days of Mutual Acceptance (None,if not completed).The value assigned to the personal property shall be $ (if not completed, the County-assessed value if available,and if not available,the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker).Seller warrants title to,but not the condition of,the personal property and shall convey it by bill of sale. b.In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)above,this sale includes all right,title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation:all rights-of-way,rights of ingress or egress or other interests in,on,or to,any land,highway,street,road,or avenue,open or proposed,in,on, or across,in front of,abutting or adjoining the Property;all rights to utilities serving the Property;all drawings,plans,specifications and other architectural or engineering work product;all governmental permits,certificates,licenses,authorizations and approvals;all rights,claims,causes of action,and Page 6 of 13 Page 174 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) warranties under contracts with contractors,engineers,architects,consultants or other parties associated with the Property;all utility,security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations;any name of or telephone numbers for the Property and related trademarks,service marks or trade dress;and guaranties,warranties or other assurances of performance received. 15.CONDEMNATION AND CASUALTY. Seller bears all risk of loss until Closing,and thereafter Buyer shall bear the risk of loss.Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are destroyed or materially damaged by casualty before Closing,or if condemnation proceedings are commenced against all or a portion of the Property before Closing.Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%)of the purchase price stated in this Agreement.Alternatively,Buyer may elect to proceed with closing,in which case,at Closing,Seller shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 16.FIRPTA -TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E,or equivalent)that Seller is not a “foreign person”within the meaning of the Foreign Investment in Real Property Tax Act,and Seller shall sign it on or before Closing.If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA,Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 17.CONVEYANCE.Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions.If this Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract,the Statutory Warranty Deed shall include a contract vendee’s assignment sufficient to convey after acquired title. At Closing,Seller and Buyer shall execute and deliver to Closing Agent CBA Form No.PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)and all intangible property transferred pursuant to Section 14(b). 18.NOTICES AND COMPUTATION OF TIME. Unless otherwise specified,any notice required or permitted in, or related to,this Agreement (including revocations of offers and counteroffers)must be in writing.Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 28.A notice to Seller shall be deemed delivered only when received by Seller,Listing Broker,or the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer,with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 28.A notice to Buyer shall be deemed delivered only when received by Buyer,Selling Broker,or the licensed office of Selling Broker.Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement.Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice.If any party is not represented by a licensee,then notices must be delivered to and shall be effective when received by that party at the address, fax number,or email indicated in Section 28. Unless otherwise specified in this Agreement,any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m.of the last calendar day of the specified period of time,unless the last day is a Saturday,Sunday or legal holiday as defined in RCW 1.16.050,in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday.Any specified period of five (5)days or less shall not include Saturdays,Sundays or legal holidays.Notwithstanding the foregoing,references to specific dates or times or number of hours shall Page 7 of 13 Page 175 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) mean those dates,times or number of hours;provided,however,that if the Closing Date falls on a Saturday, Sunday,or legal holiday as defined in RCW 1.16.050,or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. 19.AGENCY DISCLOSURE.At the signing of this Agreement, Selling Broker Buyer represented itself and the Listing Broker Kirt R.Shaffer -Tippett Company of Washington,LLC represented Seller . Selling Firm,Selling Firm’s Designated Broker,Selling Broker’s Branch Manager (if any)and Selling Broker’s Managing Broker (if any)represent the same party that Selling Broker represents.Listing Firm,Listing Firm’s Designated Broker,Listing Broker’s Branch Manager (if any),and Listing Broker’s Managing Broker (if any) represent the same party that the Listing Broker represents.If Selling Broker and Listing Broker are different persons affiliated with the same Firm,then both Buyer and Seller confirm their consent to the Brokers’ Designated Broker,Branch Manager (if any),and Managing Broker (if any)representing both parties as a dual agent.If Selling Broker and Listing Broker are the same person representing both parties,then both Buyer and Seller confirm their consent to that person and his/her Designated Broker,Branch Manager (if any),and Managing Broker (if any)representing both parties as dual agents.All parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.” 20.ASSIGNMENT.Buyer X may may not (may not,if not completed)assign this Agreement,or Buyer's rights hereunder,without Seller's prior written consent,unless provided otherwise herein.If the "may not" option is selected and the words "and/or assigns"or similar words are used to identify the Buyer,then this Agreement may be assigned with notice to Seller but without Seller's consent only to an entity which is controlled by or under common control with the Buyer identified in this Agreement.Any other assignment requires Seller's consent.The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and,if this Agreement provides for Seller to finance a portion of the purchase price,then the party identified as the initial Buyer shall guarantee payment of the Seller financing. 21.DEFAULT AND ATTORNEY'S FEE. a.Buyer's default. In the event Buyer fails,without legal excuse,to complete the purchase of the Property, then (check one ): X Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole and exclusive remedy available to Seller for such failure;or Seller may,at its option,(a)terminate this Agreement and keep as liquidated damages the earnest money as the sole and exclusive remedy available to Seller for such failure,(b)bring suit against Buyer for Seller's actual damages,(c)bring suit to specifically enforce this Agreement and recover any incidental damages,or (d)pursue any other rights or remedies available at law or equity. b.Seller's default.In the event Seller fails,without legal excuse,to complete the sale of the Property,then Page 8 of 13 Page 176 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) (check one ): X As Buyer’s sole remedy,Buyer may either (a)terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price;or (b)bring suit to specifically enforce this Agreement and recover incidental damages,provided, however,Buyer must file suit within sixty (60)days from the scheduled date of closing or from the date Seller has informed Buyer in writing that Seller will not proceed with closing,whichever is earlier;or Buyer may,at its option,(a)bring suit against Seller for Buyer's actual damages,(b)bring suit to specifically enforce this Agreement and recover any incidental damages,or (c)pursue any other rights or remedies available at law or equity. Neither Buyer nor Seller may recover consequential damages such as lost profits.If Buyer or Seller institutes suit against the other concerning this Agreement,the prevailing party is entitled to reasonable attorneys'fees and expenses.In the event of trial,the amount of the attorney's fee shall be fixed by the court.The venue of any suit shall be the county in which the Property is located,and this Agreement shall be governed by the laws of the state where the Property is located. 22.MISCELLANEOUS PROVISIONS. a.Complete Agreement.This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property.There are no verbal or other written agreements which modify or affect the Agreement. b.Counterpart Signatures.This Agreement may be signed in counterpart,each signed counterpart shall be deemed an original,and all counterparts together shall constitute one and the same agreement. c.Electronic Delivery.Electronic delivery of documents (e.g.,transmission by facsimile or email)including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original.At the request of either party,or the Closing Agent,the parties will replace electronically delivered offers or counteroffers with original documents. d.Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange,then the other party agrees to cooperate in the completion of the like- kind exchange so long as the cooperating party incurs no additional liability in doing so,and so long as any expenses (including attorneys fees and costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing.Notwithstanding Section 20 above,any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 23.ACCEPTANCE;COUNTEROFFERS. Seller has until midnight of ,20 19 (if not filled in,the third business day)following the day Buyer delivers the offer to accept this offer,unless sooner withdrawn.If this offer is not timely accepted,it shall lapse and the earnest money shall be refunded to Buyer.If either party makes a future counteroffer,the other party shall have until 5:00 p.m.on the fifth (5th) business day (if not filled in,the second business day)following receipt to accept the counteroffer,unless sooner withdrawn.If the counteroffer is not timely accepted or countered,this Agreement shall lapse and the earnest money shall be refunded to the Buyer.No acceptance,offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller,the Listing Broker or the licensed office of the Listing Broker.No acceptance,offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer,the Selling Broker or the Page 9 of 13 Page 177 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) licensed office of the Selling Broker."Mutual Acceptance"shall occur when the last counteroffer is signed by the offeree,and the fully-signed counteroffer has been received by the offeror,his or her broker,or the licensed office of the broker.If any party is not represented by a broker,then notices must be delivered to and shall be effective when received by that party. 24.INFORMATION TRANSFER .In the event this Agreement is terminated,Buyer agrees to deliver to Seller within ten (10)days of Seller's written request copies of all materials received from Seller and any non- privileged plans,studies,reports,inspections,appraisals,surveys,drawings,permits,applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 25.CONFIDENTIALITY.Until and unless closing has been consummated,Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement.Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. EXCEPT AS SELLER MAY BE REQUIRED TO DISCLOSE INFORMATION ASSOCIATED WITH THIS PURCHASE AND SALE AGREEMENT AS REQUIRED BY LAW, INCLUDING THE REQUIREMENTS OF THE WASHINGTON PUBLIC RECORDS ACT. 26.SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein,and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement.If there is no written listing or commission agreement, Seller agrees to pay a commission ofPER A SEPARATE AGREEMENT BETWEEN SELLER AND SELLER'S BROKER %of the sales price or $ .The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement.If there is no listing or written co-brokerage agreement,then Listing Firm shall pay to Selling Firm a commission of %of the sales price or $ .Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission.If the earnest money is retained as liquidated damages,any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom,and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co- brokerage agreement.In any action by Listing Firm or Selling Firm to enforce this Section,the prevailing party is entitled to reasonable attorneys'fees and expenses.Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum,in which case Buyer and Seller consent to such compensation.The Property described in attached Exhibit A is commercial real estate.Notwithstanding Section 25 above,the pages containing this Section,the parties'signatures and an attachment describing the Property may be recorded. 27.LISTING BROKER AND SELLING BROKER DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER,THE SELLING BROKER,LISTING BROKER,AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT,BUYER'S OR SELLER'S FINANCIAL STRENGTH,BOOKS,RECORDS,REPORTS,STUDIES,OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS;THE FITNESS OF THE PROPERTY FOR BUYER’S INTENDED USE;OR OTHER MATTERS RELATING TO THE PROPERTY,INCLUDING WITHOUT LIMITATION,THE PROPERTY'S ZONING,BOUNDARIES,AREA,COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS),OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS.SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS,AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. Page 10 of 13 Page 178 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 28.IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer Seller Buyer: City of Pasco,a Washington Municipal Corporation Contact: Seller: Pasco School District No.1 Contact: Randy Nunamaker Address: 525 North 3rd Avenue Pasco WA 99301 Address: 1215 West Lewis Street Pasco WA 99301 Business Phone: Business Phone: 509-543-6097 Mobile Phone: Mobile Phone: Fax: Fax: Email: Email: rnunamaker@psd1.org Selling Firm Listing Firm Name: Name: Tippett Company of Washington,LLC Assumed Name:(if applicable) Assumed Name:(if applicable) N/A Selling Broker: Listing Broker: Kirt R.Shaffer Address: Address: 2815 St.Andrews Loop,Suite F Pasco WA 99301 Business Phone: Business Phone: 509-545-3355 Mobile Phone: Mobile Phone: 509-521-9183 Email: Email: kirt@tippettcompany.com Fax: Fax: 509-545-1689 CBA Office No.: CBA Office No.: Licensed Office of the Selling Broker Licensed Office of the Listing Broker Address: Address: Business Phone: Business Phone: Email: Email: Fax: Fax: CBA Office No.: CBA Office No.: Page 11 of 13 Page 179 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) Courtesy Copy of Notices to Buyer to:Courtesy Copy of Notices to Seller to: Name: Name: Address: Address: Business Phone: Business Phone: Fax: Fax: Mobile Phone: Mobile Phone: Email: Email: IN WITNESS WHEREOF,the parties have signed this Agreement intending to be bound. Buyer CITY OF PASCO,a Washington Municipal CorporationPrintednameand type of entity Buyer Printed name and type of entity Buyer Signature and title Buyer Signature and title Date signed Date signed Seller PASCO SCHOOL DISTRICT NO.1Printednameandtypeofentity Seller Printed name and type of entity Seller Signature and title Seller Signature and title Date signed Date signed Page 12 of 13 Page 180 of 184 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Tippett Company of Washington LLC 2815 Saint Andrews Lp Pasco, WA 99302 Phone: 509-545-3355 Fax: 509-545-1689 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 1/2011 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) EXHIBIT A * [Legal Description] *To ensure accuracy in the legal description,consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property’s last vesting deed for this page.Do not neglect to label the substitution “Exhibit A.”You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. Page 13 of 13 Page 181 of 184 Schedule 1 - 1 SCHEDULE 4 ROAD 80 & MASSEY DRIVE (THREE RIVERS ELEMENTARY) SCHOOL GROUND AND PARK an attachment to Master Interlocal Cooperation Agreement for the development of Joint Playground and Park Facilities between City of Pasco, Washington and Pasco School District No. 1 Recorded as File No. 1645850 in the Franklin County Auditor’s Office This Schedule provides for the development and maintenance of the Road 80 & Massey Drive (Three Rivers Elementary School) school ground and park located north of Massey Drive and west of Road 80 in the City of Pasco, Washington, under the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. 1. 1.Site Plan. The Site Plan, which is attached hereto as Exhibit A, identifies and legally describes the property of the respective parties and the areas of development and improvements contemplated for the joint facility. 2.Development Responsibilities. The City agrees to develop approximately five (5) acres for joint use with the District as designated on the above Site Plan, and the District agrees to develop approximately fourteen (14) acres for joint use with the City as designated on the Site Plan above. District has constructed an elementary school on the west portion of its property and, in conjunction with such construction, completed its improvements. City intends to complete improvements on its property beginning in the fall of 2020 with completion by the spring of 2021. The parties agree to consult with each other regarding any changes of the development plan or scheduling as identified in the Site Plan above. 3.Maintenance. Following the completion of the improvements, the District shall be responsible for maintaining all turf, trees and plant material on the jointly developed site. District further agrees to provide for irrigation monitoring and repairs, mowing, fertilization, weed control, spraying, trimming and general upkeep of the grounds. Provided, however, that the city agrees to be responsible for the pruning of trees on the east five (5) acres of the site. The City further agrees that it shall be responsible for providing trash pickup and collection and for maintaining all paths, play structures, fountains, tables, shade structures and other hardware installed in the west five (5) acres area identified in the above Site Plan. With the exception of expense for water use, each party shall bear all expenses necessary for the upkeep of the premises as provided above. Each party agrees to be responsible for the repair and maintenance of any sign erected by it for identification purposes. 4.Water Use. Each party agrees to pay a pro-rata share of the cost associated with providing irrigation water necessary to maintain the premises. Such payment shall be in proportion to each party’s ownership of irrigated property. The total irrigated acres in Page 182 of 184 Schedule 1 - 2 the above Site Plan is 17.68 irrigated acres. District’s acres total 12.68 acres and City’s acres total 5.0 acres. Therefore the proportionate share shall be, District 72% and City 28%. 5.Effective Date. The effective date of this Schedule shall be the day of , 2019. 6.Terms and Conditions. Unless specifically designated below, all remaining terms and conditions of the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. 1 shall apply to this project. DATED this day of , 2019. CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1 Dave Zabell Michelle Whitney City Manager Superintendent STATE OF WASHINGTON ) ) ss. County of Franklin ) On this day personally appeared before Me, Dave Zabell, City Manager of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2019. NOTARY PUBLIC in and for the State of Washington My Commission Expires: STATE OF WASHINGTON ) ) ss. County of Franklin ) Page 183 of 184 Schedule 1 - 3 On this day personally appeared before Me, Michelle Whitney, Superintendent of the Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2019. NOTARY PUBLIC in and for the State of Washington My Commission Expires: Page 184 of 184