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HomeMy WebLinkAbout2021.08.02 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, August 2, 2021 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's Heathy Washington - Roadmap to Recovery, Phase 3 made in response to the COVID-19 emergency, currently allows for partial "in-person" meetings. Members of the public wishing to attend City Council meetings in-person will need to follow the Governor's protocol outlined in Proclamation No. 20-28.15. Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco- wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (562) 247-8422 and use access code 465-398-545. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion 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 - 14 (a) Approval of Meeting Minutes Page 1 of 80 To approve the minutes of the Pasco City Council Meeting held on July 19, 2021 and Workshop held on July 26, 2021. 15 - 16 (b) Bills and Communications To approve claims in the total amount of $3,818,203.49 ($2,037,861.79 in Check Nos. 242882-243154; $858,332.96 in Electronic Transfer Nos. 832394-832412, 832414-832468, 832483-832511, 832514- 832575, 832577-832582, 832585-832614, 832617-832657, 832659- 832706, 832712-832717, 832719; $23,700.60 in Check Nos. 53665- 53688; $898,225.36 in Electronic Transfer Nos. 30163458-30164002; $82.78 in Electronic Transfer Nos. 809). 17 - 25 (c) Resolution - Amendment No. 3 to Professional Services Agreement for the West Pasco Water Treatment Plant Expansion Phase 1 with RH2 Engineering To approve Resolution No.4081, authorizing execution of Amendment No. 3 for the Professional Services Agreement (PSA) with RH2 Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP) Improvements. 26 - 30 (d) Resolution - Bid Rejection: Burns Road Pathway Phase 1 - Broadmoor to Boulevard (Road 100) to Road 90 Project To approve Resolution No. 4082, rejecting all bids, for Bid No. 20012, for the Burns Road Pathway Phase 1 project (Broadmoor Boulevard [Road 100] to Road 90). (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. 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 i mmediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 31 - 36 (b) General Fund Monthly Report - June 2021 Page 2 of 80 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 37 - 62 (a) *Resolution - Professional Services Agreement with RH2 Engineering - Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage MOTION: I move to approve Resolution No. 4083, authorizing the City Manager to execute the Professional Services Agreement (PSA) with RH2 Engineering for the Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage project. 63 - 71 (b) *Resolution - Setting a Public Hearing Date for Big Apple Travel Stop Street Vacation - Portion of Rainier Ave. MOTION: I move to approve Resolution No.4084, setting 7:00 PM, September 7, 2021 as the time and date for a public hearing to consider the vacation of a portion of Rainier Avenue. 10. UNFINISHED BUSINESS 72 - 74 (a) Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021-001) Continued from July 19, 2021 Council Meeting CONTINUE THE APPEAL HEARING MOTION: I move to continue the Appeal Hearing until the August 16, 2021 Regular Council Meeting. 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 75 - 80 (b) Adopted 2020-2021 Council Goals (Reference Only) Page 3 of 80 This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 80 AGENDA REPORT FOR: City Council July 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 7.19.21 & 7.26.21 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on July 19, 2021 and Workshop held on July 26, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 80 MINUTES City Council Regular Meeting 7:00 PM - Monday, July 19, 2021 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, and Zahra Roach. Absent: Pete Serrano Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Acting Pubic Works Director John Millan, Fire Chief; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; and Debby Barham, City Clerk. 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 July 6, 2021 and Special Meeting & Workshop held on July 12, 2021. Bills and Communications To approve claims in the total amount of $5,726,969.61 ($3,938,036.05 in Check Nos. 242640-242881; $844,075.55 in Electronic Transfer Nos. 832473-832475, 832477-832482, 832576; $28,670.32 in Check Nos. 53627-53664; $916,187.69 in Electronic Transfer Nos. 30162927- 30163457). Page 1 of 6Page 6 of 80 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 $141,052.99 and, of that amount, authorize $0.00 to be turned over for collection. Resolution - Sole Source Approval - Citywide Traffic Signal Improvements Phase Two Project To approve Resolution No. 4077, waiving the competitive bidding requirements and approving specifications requiring specific sole sourced components of the traffic signal system for the Traffic Signal Improvements City-Wide Phase Two Project. Resolution - $5M Drinking Water State Revolving Fund Loan - West Pasco Water Treatment Plant (WPWTP) Expansion Project, Phase 1 To approve Resolution No. 4078, authorizing execution of a $5 Million dollar loan agreement with the Washington State Department of Heal th (WSDOH) for the West Pasco Water Treatment Plant (WPWTP) Expansion Phase One project. (RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Mr. Milne seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS Mr. Morales, owner of Havana Cafe in downtown Pasco, WA expressed frustration regarding the closing of his restaurant due to code enforcement issues. He also asked how the Latin Business Association (LBA) was allowed to close off four (4) City blocks in downtown Pasco for a recent LBA event. Ms. Marquez Sital, Director of Mission Delivery for the Girl Scouts of Eastern Washington and Northern Idaho, provided a brief overview regarding the Girl Scouts organization relating to both the traditional and pathfinding programs. Ms. Estrada, Pasco resident and DPDA Board member, commented on Mr. Morales frustrations. Mr. Bauman, Franklin County resident, expressed concern regarding Mr. Morales' frustrations. He stated that he supported the removal of C -2 Zoning within the City of Pasco. Mr. Maloney asked Mr. Ferguson and Mr. White respectively to explain the "gifting of public funds" and the "International Fire Codes," and both Page 2 of 6Page 7 of 80 provided an brief explanation of the purpose and legal requirements of each item. Mr. Maloney then commented on the C-2 Zoning issue. Mr. Milne also commented on Havana Cafe and the code enforcement issues with its building. Ms. Marvin, Franklin County resident, commented on the Columbia River shoreline and the potential to add shoreline parks. She asked Council to consider the purchase of the shoreline property currently for sale and asked the City to delay the sale of that property so that the City could develop a pocket park along the shoreline. Mr. Zabell described the property up for sale and the current bid amount. He noted that the City does not own the property for sale and cannot delay the sale of the property and he briefly discussed that a consultant, hired to updated the Parks & Recreation Master Plan will also be assessing opportunities for river front development within the City and its Urban Growth Area. REPORTS FROM COMMITTEES AND/OR OFFICERS Mr. Alvarado, commented on the Benton Franklin Council of Governments meeting he recently attended. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Public Meeting & Resolution - Accepting a Notice of Intent to Commence Annexation Proceedings (ANX 2021-003) Mr. White provided a brief report on the proposed notice of intent to commence an annexation into the City of Pasco. Mr. Maloney asked if the other two (2) property owners were in favor of this annexation and how the property will be developed and if it includes plans for additional housing. Mr. White stated that the other property owners were supporting this annexation and that there were plans for housing development. He noted that currently there was little capacity for sewer to that area and given time there will be sewer available for the area. Mr. Bauman stated that he was representing some of the property owners of the proposed annexation and he expressed support for initiating this annexation process. Mr. Zabell provided clarification regarding the future development of the sewer system stating that staff has had discussions with the property Page 3 of 6Page 8 of 80 owners and the sewer line would be accomplished through a conveyance process, such as local improvement districts or some other method to convey the sewer line to the City's Waster Water Treatment Plant. MOTION: Mayor Pro Tem Barajas moved the City Council approve Resolution No. 4079, accepting a notice of intent to commence annexation proceedings for the Olberding & Farm 2005 annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. Mr. Maloney seconded. Motion carried unanimously. Resolution - Professional Services Agreement with RH2 Engineering for Process Water Reuse Facility (PWRF) Pretreatment Improvements - Phase 1: Potable Water & Electrical Improvements Acting Public Works Director Millan introduced Capital Improvement Projects Manager Serra who provided a brief overview of the proposed Professional Services Agreement with RH2 Engineering for the first phase pretreatment improvements for the Process Water Reuse Facility (PWRF). Mr. Maloney asked about the status of the solid waste removal and if th e odor associated with the PWRF has diminished. Mr. Zabell and Ms. Serra discussed the improvements completed and still in process for the PWRF and that the odor has diminished as a result of the removal of the waste material. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4080, authorizing execution of the Professional Services Agreement (PSA) by the City Manager with RH2 Engineering for the Process Water Reuse Facility (PWRF) Improvements Project – Phase 1: Potable Water & Electrical Improvements project. Mr. Alvarado seconded. Motion carried unanimously. UNFINISHED BUSINESS Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021- 001) Continued from June 21, 2021 Council Meeting Mr. Ferguson announced the rules for a quasi-judicial procedure to Council before proceeding forward on the public appeal hearing for the sewer service requirement for the undeveloped property owned by Anatoliy "Tony" Danilyuk and Vitaliy Synyuk. Mr. Ferguson asked if any Councilmembers received or sent any communications with parties either for or against the topic of this public appeal hearing. Page 4 of 6Page 9 of 80 Mayor Martinez disclosed that he met with Mr. Danilyuk recently at the boat launch and they only mentioned that this appeal was coming forward to a Council meeting. He also received an email that was listed as Exhibit G in the agenda report. He stated that he could still be impartial regarding this appeal hearing. Mr. Maloney and Mr. Alvarado disclosed that they received an email that was listed as Exhibit G in the agenda report. They stated that they could still be impartial regarding this appeal hearing. Mr. Milne disclosed that that he received the same email as the other Councilmembers and responded asking for additional information, which he received. He stated that he could still be impartial regarding this appeal hearing. Mayor Pro Tem disclosed that that she received the same email as the other Councilmembers but had not read the email. She stated that she could still be impartial regarding this appeal hearing. Mr. Ferguson stated that if there was anyone in the audience that would like to challenge any Councilmember's statement that they need to come forward at this time. No one challenged the Councilmembers' statements. Mr. White provided a brief report related to the short plat sewer service requirement, the status of the appeal based on the property use and then announced staff's recommendation that Council deny the appeal to waive the sewer requirement. Mr. Danilyuk and Mr. Synyuk explained that they purchased a property to realize their dream of subdividing it into two to three lots and have their families live next to each other. Mr. Danilyuk expressed concern about the high cost for running a sewer line to the properties and asked Council to allow them to place septic systems on the lots. Council and staff continued to discuss the appeal and the placement of a sewer line to the property. Mr. Zabell suggested that Council table this item for a few more weeks to allow staff an opportunity to determine if an alternative route for the sewer line to the appellants property is feasible. MOTION: Mayor Pro Tem Barajas moved to continue the public appeal hearing to the August 2, 2021 Council meeting. Mr. Maloney seconde d. Motion carried unanimously. Page 5 of 6Page 10 of 80 MISCELLANEOUS DISCUSSION Mr. Zabell shared with Council the recent death of Pasco Police Department's longstanding Reserve Officer Paul Brunner and expressed sympathy to Mr. Brunner's family, stating it was a great loss to the Pasco Police Department as well. Police Chief Roske also expressed sorrow for the loss of Mr. Brunner. Mr. Zabell announced that the next "Music & Movies in the Park" was scheduled for Friday evening, July 23rd at Memorial Park, the Lampson Cable Bridge Run registration was open, and the annual National Night Out was scheduled for Tuesday evening, August 3, 2021. Council and staff briefly discussed the Tri-Cities Water Follies scheduled from July 23 to July 25 on the Columbia River and the duties Pasco's Police, Fire and Facilities staff during this event. Mayor Martinez commented on the tragic loss of a youth in a motorcycle accident near Road 68 earlier in the day. ADJOURNMENT There being no further business, the meeting was adjourned at 8:17 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 6 of 6Page 11 of 80 MINUTES City Council Workshop Meeting 7:00 PM - Monday, July 26, 2021 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, and David Milne. Councilmembers absent: Zahra Roach and Pete Serrano. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Craig Briggs, Acting City Attorney; Jeff B riggs, Attorney; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. ITEMS FOR DISCUSSION Railroad Quiet Zones Presentation Mr. Worley introduced Tammy Wagner, Safety Specialist-Grade Crossing, with the Federal Railroad Administration (FRA). Ms. Wagner delivered the presentation regarding the Railroad's Quiet Zones Policies and Procedures. Council, Ms. Wagner and staff further discussed the noise issue from train horns which included the following: • The number of Quiet Zone designated railroad crossings within the City of Pasco and where they are located. • How to start the process for Quiet Zone designations and overview of the costs involved. Page 1 of 3Page 12 of 80 Questions about administrative costs from the FRA for initiating a Quiet Zone. • The process to update safety features for railroad crossings; Pasco would need to work with the Washington Utility Transpo rtation Commission. • The BNSF Railroad Yard exemption from a Quiet Zone designation. Utility Extension in the Unincorporated Islands & Urban Growth Area (UGA) Mr. White provided a brief history of extending City utilities (water and sewer) to unincorporated areas within the City's Urban Growth Area (UGA) noting some specific examples of utility connections and a recent request for potable City water from Spencer Estates Phase 4. Mr. White encouraged discussion on the overall policy for City utility extensions into the UGA, noting that the major consequence of uncoordinated/unplanned growth within the UGA will create sprawl, which is the most expensive form of development to provide with urban or municipal services and results in a higher tax burden on all taxpayers in order to fund such services. He provided a series of questions within the agenda report to help start the discussion. Council and staff discussed the policy for extending City utilities into the unincorporated areas within the UGA, which resulted in Council stating they desire to protect the current taxpayers and as new development occurs it is the responsibility of those new developments/new homeowners pay their fair share when hooking up to City utilities. A way to accomplish that is through the annexation process. They also noted that when feasible, the City should have utilities reasonably available within the UGA to enable the developers/builders/home -owners the opportunity to hook up to City utilities at the time of annexa tion or afterward. Resolution - Amendment No. 3 to Professional Services Agreement for the West Pasco Water Treatment Plant Expansion Phase 1 with RH2 Engineering Mr. Worley provided an overview of the third amendment to the West Pasco Water Treatment Plant Expansion Phase 1 Project PSA with RH2 Engineering. He also noted that there are two more phases, which will increase treatment capacity to 12 million gallons per day (MGD). Council and staff briefly discussed the proposed amendment and the increased costs for specific projects. Page 2 of 3Page 13 of 80 Resolution - Bid Rejection: Burns Road Pathway Phase 1 - Broadmoor to Road 90 Project Mr. Worley explained that both bids received for the Burns Road Pathway Phase 1 project were well over the Engineers estimate, as well as the budgeted funding available for the project and recommended that Council reject all bids for this project and a new bid process will start at a later date. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell announced that the COVID-19 testing site located at Columbia Basin College is currently performing over over 600 tests daily during this past week as the newest COIVD-19 variant is infecting the population in both Benton and Franklin Counties. Mr. Maloney encouraged staff to contact the Washington State Department of Health to continue the drive-through vaccination site as it appears that Franklin County is one of the lowest vaccinated counties in the state and the infections are on a rise. EXECUTIVE SESSION Council adjourned into Executive Session at 8:18 PM for approximately 15 minutes to establish the sales price or lease amount of real estate per RCW 42.30.110 (c) and consider acquisition of real estate per RCW 42.30.110 (b) with the City Manager, Deputy City Manager, Community & Economic Development Director and the City Attorney's Office staff. Mr. Alvarado abstained from attending the Executive Session due to a potential conflict of interest. Mayor Martinez called the meeting back to order at 8:28 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:28 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 3 of 3Page 14 of 80 AGENDA REPORT FOR: City Council July 29, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 08.02.21 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,818,203.49 ($2,037,861.79 in Check Nos. 242882-243154; $858,332.96 in Electronic Transfer Nos. 832394-832412, 832414-832468, 832483-832511, 832514-832575, 832577-832582, 832585- 832614, 832617-832657, 832659-832706, 832712-832717, 832719; $23,700.60 in Check Nos. 53665-53688; $898,225.36 in Electronic Transfer Nos. 30163458-30164002; $82.78 in Electronic Transfer Nos. 809). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 15 of 80 REPORTING PERIOD: August 2, 2021 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 242882-243154 53665-53688 Total Check Amount $2,037,861.79 $23,700.60 Total Checks 2,061,562.39$ Electronic Transfer Numbers 832394-832412 30163458-30164002 809 832414-832468 832483-832511 832514-832575 832577-832582 832585-832614 832617-832657 832659-832706 832712-832717 832719 Total EFT Amount $858,332.96 $898,225.36 $82.78 $0.00 Total EFTs 1,756,641.10$ Grand Total 3,818,203.49$ Councilmember 1,076,316.23 23,930.64 1,386.58 3,620.11 61,402.29 1,625.12 724.98 29,893.17 1,984.38 4,066.30 525.10 0.00 602.45 9,749.86 161,640.29 221.15 HOTEL/MOTEL EXCISE TAX 12,361.96 0.00 58,717.36 602,627.03 52,571.78 0.00 4,860.98 0.00 180,967.48 5,450.51 1,522,957.74 GRAND TOTAL ALL FUNDS:3,818,203.49$ The City Council July 15 - July 28, 2021 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved 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 Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 2nd day of August, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK 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 ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING Page 16 of 80 AGENDA REPORT FOR: City Council July 22, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Amendment No. 3 to Professional Services Agreement for the West Pasco Water Treatment Plant Expansion Phase 1 with RH2 Engineering I. REFERENCE(S): Resolution Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._____, authorizing execution of Amendment No. 3 for the Professional Services Agreement (PSA) with RH2 Engineering, (WPWTP) Plant Treatment Water West the for Inc. Pasco Improvements. III. FISCAL IMPACT: Original PSA $ 646,574.00 Amendment No. 1 $ 19,075.00 Amendment No. 2 $ 0 Amendment No. 3 (proposed) $ 99,731.00 Revised Total Budget $ 765,380.00 This project is funded through utility rates which are servicing a $5 million low - interest loan from the Washington State Department of Health (DOH). The total estimated cost for the Phase 1 project is $9,800,000. The estimated combined cost of all three phases to increase treatment capacity to 12 million gallons per day (MGD) is $20,100,000. Page 17 of 80 IV. HISTORY AND FACTS BRIEF: The City of Pasco (City) contracted with RH2 Engineering, Inc. (RH2) in June of 2020 to provide professional services to design and assist with permitting to affect the expansion of the West Pasco Water Treatment Plant (WPWTP) from 6 MGD to 12 MGD capacity. Subsequent to the initial PSA, two amendments have been approved for the project: • Amendment No. 1: This amendment included services to perform a hydraulic transient analysis for the current system and for planned system expansions. The original plant design did not include this analysis as previously thought, and is necessary as sudden closure of valves to protect the filter banks could produce a detrimental pressure wave through the system with potential to damage other components of the system. • Amendment No. 2: As the technical memorandum for the preliminary design was being developed, a more comprehensive project breadth was identified. For strategic purposes relating to financing, cash flow, project management capacity, ease of construction and sequencing of work, the planned and necessary expansion of the facility to 12 MGD has been into divided into three (3) consecutive projects, or phases. This no cost amendment provided scope clarification and documented the decision to focus the design on Phase 1 improvements. • Amendment No. 3 (proposed): As the Phase 1 project progressed to 60% design, and not surprisingly given the scope and complexity of this project, a requiring learned slight has information additional been expansion of the initial scope, e.g.; DOH membrane filtration treatment regulatory updates, state funding requirements, project site layout modifications, and permitting which were unknown at the time of the initial PSA. V. DISCUSSION: This item was discussed at the July 26, 2021 Council Workshop meeting. Staff recommends approval of Amendment No. 3 to the Professional Services Agreement with RH2 Engineering, Inc. for the WPWTP Expansion Phase 1 in the amount of $99,731.00. Page 18 of 80 Resolution – PSA Amendment No. 3 - RH2 Engineering, Inc. for WPWTP Improvements – Page 1 RESOLUTION NO. _______ A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 3 FOR THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RH2 ENGINEERING, INC., FOR THE WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS (WPWTP). WHEREAS, the City and RH2 Engineering, Inc. entered into a Professional Services Agreement on 7/14/2020 to provide engineering services with respect to the WPWTP Improvements Project; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the first amendment to PSA No. 20-021 on December 21, 2020 for additional design engineering services in the amount of $19,075; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the second amendment to PSA No. 20-021 on May 13, 2021 for a revised scope of work (with no fee increase) to focus on the 12 million gallon per day Phase 1 improvements; and WHEREAS, in accordance with Pasco’s Purchasing Policy and Procedures, the amount of the first contract amendment and the proposed cost of this third amendment exceeds 15% of the original contract amount of $646,574 and thus requires Council approval; and WHEREAS, the parties agree that all remaining terms and conditions of the PSA (Agreement No. 20-021) not inconsistent with this third amendment, shall remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Sections 1. The compensation for this amendment is based on a time and materials basis and is not to exceed the amount of $99,731.00 for a total contract amount of $765,380.00. Section 2. The City Council of the City of Pasco hereby authorizes the City Manager for the City of Pasco to execute Amendment No. 3 with RH2 Engineering, Inc. to PSA for the WPWTP Improvements, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 19 of 80 Resolution – PSA Amendment No. 3 - RH2 Engineering, Inc. for WPWTP Improvements – Page 2 PASSED BY the City Council of the City of Pasco, Washington this ____ day of August, 2021. ________________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 20 of 80 Amendment No. 3 to Professional Services Agreement Page 1 RH2 Engineering, Inc. 16008 – West Pasco Water Treatment Plant Improvements AMENDMENT NUMBER 3 to PROFESSIONAL SERVICES AGREEMENT 16008 – West Pasco Water Treatment Plant Improvements AGREEMENT NO. 20-021 WHEREAS, the City and RH2 Engineering, Inc. entered into a Professional Services Agreement on 7/14/2020 to provide engineering services with respect to the West Pasco Water Treatment Plant Improvements Project. WHEREAS, the City and the RH2 Engineering, Inc. entered into the first amendment to the Professional Services Agreement No. 20-021 on December 21, 2020; and WHEREAS, the City and the RH2 Engineering, Inc. entered into the second amendment to the Professional Services Agreement No. 20-021 on May 13, 2021; and WHEREAS, the parties agree that all remaining terms and conditions of the PSA (Agreement No. 20-021) not inconsistent with this third amendment, shall remain in full force and effect. NOW, THEREFORE, this agreement is amended to allow RH2 Engineering, Inc. to provide additional design engineering services and to add additional time of performance described within Exhibit A. 1.Scope of Work: See Exhibit A. 2.Fee: The compensation for this amendment is based on a Time and Materials Basis and is not to exceed the amount of $99,731.00 for a total contact amount of $765,380.00. please refer to Exhibit B for the breakdown of hours. 3.Time of performance: The services shall now be complete for the project on or before 6/30/2022. DATED THIS _______ DAY OF _____________, 2021. CITY OF PASCO: CONSULTANT City of Pasco RH2 Engineering, Inc. Steve Worley, Public Works Director Paul Cross, PE – Project Manager Exhibit A Page 21 of 80 1 Scope of Work Amendment No. 3 City of Pasco West Pasco Water Treatment Plant Improvements 12 MGD Expansion Phase 1 Additional Design and Permitting July 2021 Background The City of Pasco (City) originally contracted with RH2 Engineering, Inc., (RH2) in June of 2020 to provide professional services to expand the West Pasco Water Treatment Plant (WPWTP) from 6 million gallons per day (MGD) to 12 MGD capacity, including preliminary design, design, and permitting associated with these improvements. The main preliminary design deliverable was a technical memorandum, which was then modified to be the Washington State Department of Health (DOH) Project Report submittal. The City’s 2020 through 2025 Capital Improvement Plan (CIP) included $645k for “design” of the WPWTP improvements and $3.975M for construction, which was identified as fully funded by City Utility Rates. The proportion of indirect fees to estimated construction costs at that time was 16.2 percent, as shown in the table that follows. City’s Original Funding (CIP) WPWTP Improvements Design Budget $645,000 Construction Budget $3,975,000 Total Project Budget $4,620,000 Percentage of Design Budget to Construction 16% As RH2 was scoping this project, including predesign, design, and permitting, there were many unknown aspects of the design. While the initial approach was to only complete predesign, the City decided, for contract process simplification, to contract for the entire project using a projected scope of work. RH2’s total fee for predesign, design, and permitting was for $646k, and was based on the projected scope of improvements and construction costs. A draft of the Proposed Improvements and Design Criteria Technical Memorandum was completed in October 2020 by RH2 and included core upgrades (i.e. raw and finished water pumps, additional membrane racks, and process residuals handling system) and non-capacity upgrades (i.e. chemical feed upgrades, heating, ventilation, and air conditioning (HVAC), supervisory control and data acquisition (SCADA), and raw water purge) for the 12 MGD expansion. Core upgrades were estimated to be a total construction cost of $12.51M, with $500k for non-capacity upgrades. With construction EXHIBIT A Page 22 of 80 City of Pasco Amendment No. 3 West Pasco Water Treatment Plant 12 MGD Expansion Phase 1 Exhibit A Additional Design and Permitting Scope of Work 2 costs growing, RH2 assisted the City with applying for a DOH Drinking Water State Revolving Fund (DWSRF) loan to obtain more funds for these improvements. RH2 then reorganized the technical memorandum to logically split up the 12 MGD expansion project into multiple phases, as well as plan the 18 MGD expansion to conceptually estimate this cost. The phases of the project are as follows. •Phase 1: WPWTP Treatment Capacity Upgrades ($7.78M) o Adds two strainers o Adds two membrane racks o Adds a strainer and membrane rack residuals recovery system o Adds all non-capacity functionality upgrades for the WPWTP •Phase 2: Additional Pumping Capacity and Power Redundancy ($6.88M) o Adds one Intake Pump Station (IPS) pump o Adds two 3 MGD Zone 3 pumps o Converts the existing backup WPWTP power generator for the IPS o Adds a 2 megawatt generator dedicated to the WPWTP and its future expansion o Adds raw water purge functionality •Phase 3: Pumping Redundancy ($1.01M) o Adds one IPS pump o Adds one 6 MGD Zone 3 pump •18 MGD Future Plant Expansion ($6.55M) o Adds one IPS pump o Adds two membrane racks o Expands the strainer and membrane rack residuals recovery system for redundancy o Adds two Zone 1 pumps to the new high service pump station (to replace the existing Zone 1 pumps in the treatment building) o Adds one 6 MGD Zone 3 pump As RH2 proceeded with the 30-percent and 60-percent design phases, further modifications to the Phase 1 project arose from City staff comments on additional plant operational changes and site layout modifications. RH2 also needed multiple negotiations with DOH on modifications to the existing filter skids to meet current standards and on the filter to waste system details, and continued to update the overall site plan to accommodate future improvements. As a result of the increased site impervious areas, a more extensive stormwater report than anticipated was added to the project scope. As a result of the DWSRF funding, the City asked RH2 to add a cultural resources sub consultant Page 23 of 80 City of Pasco Amendment No. 3 West Pasco Water Treatment Plant 12 MGD Expansion Phase 1 Exhibit A Additional Design and Permitting Scope of Work 3 to the contract. The City is also adding a third-party constructability review, and RH2 will need more time to prepare and respond to this previously unscoped review. While the project’s scope has grown in the predesign phase and the design phase through 60-percent, RH2’s predesign, design, and permitting fees have remained unchanged. This amendment provides for additional design, permitting, and subconsultant fees to cover these changes. Task 2 (A)– Final Design Additional Services Task 2 is amended to add four hundred fifty-six (456) hours for additional final design services, including the following: •Additional site/civil design based on changes to accommodate future improvements and additional site access flexibility. •Additional mechanical design to provide additional operations and maintenance modifications, extensive piping modifications to comply with new requirements from DOH, and further modifications to the PALL membrane systems and residuals recycling systems. •Additional structural design to add additional bridge crane systems and modifications to structures. •Additional electrical design for site lighting and other process modifications. •One (1) additional review process for preparing for and responding to a third-party constructability review. Task 3 (A)– Permitting Additional Services Task 3 is amended to add forty-four (44) hours to cover additional permitting services, including the following: •Retain and manage a subconsultant to perform the required cultural review of the site per the DWSRF requirements. •Develop a stormwater report for the more extensive site improvements and impervious area for review and approval by the City. Page 24 of 80 EXHIBIT B Fee Estimate City of Pasco Amendment No. 3 West Pasco Water Treatment Plant Expansion Additional Design and Permitting Jul-21 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 2 Additional Final Design 456 74,682$ -$ 12,201$ 86,883$ Task 3 Additional Permitting 44 7,488$ 4,974$ 386$ 12,848$ PROJECT TOTAL 500 82,170$ 4,974$ 12,587$ 99,731$ (A) (A) Page 25 of 80 AGENDA REPORT FOR: City Council July 22, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Bid Rejection: Burns Road Pathway Phase 1 - Broadmoor to Boulevard (Road 100) to Road 90 Project I. REFERENCE(S): Resolution Bid Tabulations II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, rejecting all bids, for Bid No. 20012, for the Burns Road Pathway Phase 1 project (Broadmoor Boulevard [Road 100] to Road 90). III. FISCAL IMPACT: No fiscal impact is anticipated. Adopted Budget $ 171,000 Available Construction Budget $ 124,000 Construction Costs - based on 2021 low bid $ 357,000 (bid, construction management & contingency) Budget (deficit) $ (233,000) IV. HISTORY AND FACTS BRIEF: A request for bids was issued on June 21, 2021 (Bid No. 20012) for the Burns Road Pathway Phase 1 Project. Two (2) bids were received and opened on July 13, 2021. The lowest responsive bidder was C&E Trenching, Inc. with a bid of $304,617.57. This is considerably higher than the remaining project budget of $124,000 and the Engineer’s final design estimate of $189,420.12. The second - lowest bidder was ESF Solutions with a bid of $324,532.64. Page 26 of 80 City staff reviewed the bid tabulation and did not find any irregularities. It was observed that unit prices were consistently higher than the engineer’s estimate, particularly for items consisting mainly of labor and equipment. These types of costs fluctuate significantly based on bid climate and increase substantially when contractors are busy with other projects. After careful review, the City has determined that awarding the project is not in the City’s best interest and recommends rejecting all bids. V. DISCUSSION: This item was discussed at the July 26, 2021 Council Workshop meeting. Staff recommends moving forward with the proposed Resolution rejecting all bids for the Burns Road Pathway Phase 1 Project and authorize the City Manager to issue a new call for bids at a later date. Page 27 of 80 Resolution –Bid Rejection for Burns Road Pathway Phase 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, REJECTING ALL BIDS FOR BID NO. 20012 FOR THE BURNS ROAD PATHWAY PHASE 1 PROJECT (BROADMOOR BLVD. [RD. 100] TO RD. 90) WHEREAS, the City of Pasco has an identified capital improvement public works project described as the Burns Road Pathway Phase 1 Project; and WHEREAS, the City solicited sealed public bids for this capital improvement public works project, identified as Bid No. 20012 Burns Road Pathway Phase 1 Project; and WHEREAS, on July 13, 2021 at 2:00 p.m., two (2) bids were received and opened by the City; and WHEREAS, the two (2) bids that were received are considerably higher than the available budget for this project, the lowest being C&E Trenching at $304,617.57 and the highest being ESF Solutions at $324.5K, with and Engineers estimate at $189,420.12; and WHEREAS, after careful review, the City has determined that none of the bids were in the City’s best interest to award; and WHEREAS, pursuant to RCW 35.23.352(1), the City Council may, by resolution, reject all bids and authorize further calls for bids in the same manner as the original call. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That all bids received for Bid No. 20012: The Burns Road Pathway Phase 1 Project are hereby rejected, and the City Manager is hereby authorized to revise and make further calls for bids in the same manner as the original call for this project; and Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Page 28 of 80 Resolution –Bid Rejection for Burns Road Pathway Phase 1 PASSED BY the City Council of the City of Pasco, Washington this __ day of August 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 29 of 80 4aI.«11.n $.~m......~m»5.293»9~..o~§$»1.50»oz<mw $.8m....~»$.~~S.~»258...:»%$.$x?8.86<2,_\mus__m9_=8.§22.289 _ oo.m8.8~»8.m$.$~»oo.o~....E.»gsossm..,09.08...-8m_B§__mEm.85025B8;m_>e$8 9,2was__<Sow.22%co8:809%,wasm>_E8_Eoo oc.m$.wm~woo.o~$.t»”_BoE:m 8.80.398.80.3a8..$m.~_woo.8m._a8.89;Eloqoooea8.8mam~.wEoo.ooo.Nm8.8;Eoo.ooo.mwoo.8o.mW%oo.§_.% @802w.. ?gi%as 8%$0:;w. am:Aw E882$.. E02%w ?as:wa2%.:a ?oq?%A,“ ?0%m.8w???? s.m,_§wad”a ?as$gagw 8:0,: sawasawa§e:_m.,._§m_n_§mH §_V,§%egg:3?zége 3.20.2w0:32$ 3.5%a. E:oE<_Eo._.morn.E5«::oE<.80....E:oE<_Eo._.oo_._n_2:::o_E:ommn_ 8o_s__owummo._...m_._E8o¢mac£mE.....mmmx$:.a=m Q:cmm_omtm.mc_nn20.mc:mm_0E uowomtcoo.u2om$:oo. E8.2:2.“sunEm m38....smzcoo 82cm383: _ 32:.m>9s_._.mn_mssm-w:o_.m_:£¢Em Page 30 of 80 AGENDA REPORT FOR: City Council July 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - June 2021 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is the monthly financial update through June 2021 regarding the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non-major funds. V. DISCUSSION: With exception of COVID-19 testing and vaccination efforts undertaken by the City and reimbursed by the Washington State Department of Health and Benton Franklin Health District, there are no major variances to the approved budget anticipated at this date. We do not expect to see major variances thi s early in the biennium. Staff is monitoring the impacts of COVID -19 on operational costs and new funding opportunities that can help mitigate such efforts. The City received over $8.7 million of the $17.4 million allocated through the American Rescue Plan Act of 2021 on June 8, 2021. The revenue is included in this report. The remainder of the balance is expected to be received later in the year. The funds must be appropriated by December 31, 2024 and expended by Page 31 of 80 December 31, 2026, or subsequently returned to the federal treasury. For more details please visit MRSC American Rescue Plan. Approximately $2,794,000 will be allocated by end of July on various items approved/discussed by the Council. Attached to the financial report is a list of contracts over $100,000 and under $300,000 executed administratively during the month of June. Donations to the City which were received during this reporting period are attached. While not previously reported here, donated infrastructure is not a new nor unusual situation. Typically, the City receives the notice of the value of donated infrastructure as part of our year-end process. However, changes have allowed us to receive information throughout the year. With this change, we are sharing this report. Upon completion of a subdivision, the developer provides asset information and related value to the City. The items are added to our infrastructure. From the point of gifting forward, the assets become the responsibility of the City to maintain and ultimately replace. Page 32 of 80 Fund NameFund DescriptionReport MonthJune, 2021Elapsed Time24%2017-2018 Actual2019-2020 Actual2021-2022 Adjusted Budget2021-2022 Actual2021-2022 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 16,316,052 21,767,256 22,947,637 6,504,714 22,947,637 0 28% Timing of disbursement from County. No variance expected.Sales 30,519,671 35,200,331 34,100,746 6,542,880 34,100,746 0 19% Timing of disbursement from State. Monitoring availability of inventory for construction and vehicles.Utility 18,995,895 22,036,029 22,584,924 4,829,302 22,584,924 0 21%Other 2,551,885 1,745,982 1,922,780 398,132 1,922,780 0 21% Gaming taxes. COVID-19 pandemic will impact revenue in 2021.Licenses & Permits 4,817,955 5,353,309 5,565,781 1,565,306 5,565,781 0 28% Expected to be higher than budgeted. Monitoring availability of invetory for construction projects.Intergovernmental 4,424,573 7,128,607 4,684,217 1,689,744 6,684,217 2,000,000 25% CBC West COVID-19 Testing Site grant reimbursements. ARPA8,732,156 8,732,156 8,732,156 100%Charges Goods & Services 14,318,019 14,759,968 15,641,239 3,805,604 15,641,239 0 24%Fines & Forfeits 1,731,795 1,980,386 2,546,354 419,041 2,546,354 0 16% No variance expected, Revenue is not linear in nature.Miscellaneous 2,388,542 2,153,354 1,455,910 480,042 1,455,910 0 33% No variance expected, Revenue is not linear in nature.Debt & Transfer In 870,298 23,837,412 1,636,290 711,275 1,636,290 0 43% No variance expected, Revenue is not linear in nature.Total Revenues 96,934,685 135,962,634 113,085,878 35,678,196 123,818,034 10,732,156 32%ExpendituresCity Council 236,451 237,480 298,771 53,134 298,771 0 18% Non labor budget that is not linear in nature.Municipal Court 2,962,894 3,247,659 3,770,737 865,170 3,770,737 0 23%City Manager 3,344,685 2,807,029 3,631,100 593,653 3,631,100 0 16% Non labor budget that is not linear in nature.Human Resources 0 0 1,724,093 254,170 1,724,093 0 15% No variance expected. Charging issues are being corrected for the first quarter.Police 33,063,355 34,581,074 37,305,876 8,336,364 37,305,876 0 22%Fire 15,535,448 16,245,559 16,689,415 4,958,485 17,389,415 700,000 29% Expenses related to vaccination site, Administrative & Community Services 14,873,303 15,402,365 19,105,744 4,088,425 19,105,744 0 21%Community & Economic Development 3,664,455 4,719,199 6,364,647 1,509,001 6,364,647 0 24%Finance 4,466,769 5,186,975 5,566,468 1,259,250 5,566,468 0 23%Engineering 3,282,535 3,485,296 2,867,773 674,424 2,867,773 0 24%Library 2,821,444 2,871,017 3,281,856 911,295 3,281,856 0 28% Timing of disbursement of funds to library. No variance expected.Non-Departmental 4,820,646 5,150,982 4,789,737 2,121,847 6,089,737 1,300,000 35% CBC West COVID-19 Testing Site activity, expenses reimbursed by BF Health District.Debt & Transfer Out 5,507,074 22,395,176 11,813,974 2,588,399 11,813,974 0 22% No variance expected if capital projects are on schedule.ARPA0 8,732,156 8,732,156 0% See attached list of ARPA action/ideas list.Total Expenditures 94,579,059 116,329,811 117,210,191 28,213,616 127,942,347 10,732,156 24%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Expected to be on track.Expected to be on track.American Rescue Act - $8.7 million received on June 8, 2021.Page 33 of 80 -$20,000$0$20,000$40,000$60,000$80,000$100,000$120,000Jan 2021Feb 2021Mar 2021Apr 2021May 2021Jun 2021Jul 2021Aug 2021Sep 2021Oct 2021Nov 2021Dec 2021Jan 2022Feb 2022Mar 2022Apr 2022May 2022Jun 2022Jul 2022Aug 2022Sep 2022Oct 2022Nov 2022Dec 2022Thousands2021-2022 Cumulative General Fund Revenue & Expenditures2021-2022 Cumulative Revenue2021-2022 Cumulative Expense7-Yr Avg Revenue7-Yr Avg Expense$8.7M in ARPA FundingPage 34 of 80 Recipient Contract Type Description Contract Amount Amendment Contract Total Category Urban Flats Phase 3Madison Park Phase 7Road 84 & Massey DriveRebab Shelter Addition723 East B Street TOTALSPRICE PER UNITEXTENSION TOTALSHDR Engineering, Inc. LAG Agreement Argent Road Improvements (Argent Road & Road 36 Intersection) Phase 2 126,512 126,512 SEWERHDR Engineering, Inc. LAG Agreement Argent Road Widening (Saracento to Road 36) Phase 3 290,771 714,146 1,004,917 MAINS IN FEET 951 1,809 740 3,500 46 161,140 RH2 Engineering, Inc. Amendment No. 1 Northwest Irrigation System Study - Agreement No. 21-012 50,000 88,031 138,031 MANHOLES 3 10 13 2,113 27,463 NUMBER OF SERVICES 44 43 8 95 1,813 172,274 TOTALS360,876 City of Pasco DonationsWATERDonated By Donation Type DescriptionValueMAINS IN FEET 1,144 2,277 3,421 28 95,343 All State Insurance Game Stop Gift Cards Esports League Prizes50 FIRE HYDRANTS 2 5 7 2,735 19,146 Dairy Queen Coupons Mom & Sons 45 SERVICES 44 41 1 86 1,244 107,015 Washington Fruit Co. Apples Johnny Applessed645 NUMBER OF VALVES 10 14 24 907 21,778 Coca-Cola 125 - 7.5oz cokes/sprite Around Town Scavenger Hunt 63 TOTALS243,281 Moon Security Cash Free Family Swim Sponsorship 800 Christensen Inc Cash Teen Night at Pool200 STREETSWingstonp Coupons Around Town Scavenger Hunt 330 ASPHALT IN FEET 77,400 18,560 2,925 98,885 25 2,472,125 Pita Pit Coupons Around Town Scavenger Hunt 377 TRAFFIC SIGNALS- 125,000 - Bombshellz Coupons Around Town Scavenger Hunt 175 STREET CURBS IN FEET/ST/SW 2,593 4,080 1,160 165 7,998 13 103,974 Tumbleweeds Coupons Around Town Scavenger Hunt 540 STREET LIGHTS 5 7 3 15 1,545 23,175 Cherry Creek Radio Radio Ads Grand Old 4th 2,088 STOP SIGNS- 30 - Rolling Hills Chorus Cash Grand Old 4th-Bike Ride 400 MONUMENTS8 8 442 3,533 Trek Bikes Kennewick In-Kind GO4-Bike Ride200 TOTALS2,602,807 Greenies In-Kind GO4-Bike Ride200 Reborn Bikes In-Kind GO4-Bike Ride200 STORM DRAINLINES IN FEET227 227 31 7,135 CATCH BASINS 8 16 4 2 2 32 793 25,383 MANHOLES16 4 20 2,900 58,000 EXFILTRATION STORM DRAIN 175 749 304 1,228 60 73,680 DRYWELL2 2 3,000 6,000 TOTALS 170,197 IRRIGATIONLINES IN FEET 2,107 2,246 1,160 5,513 20 110,260 NUMBER OF VALVES 5 9 3 17 1,400 23,800 NUMBER OF SERVICES 36 47 16 99 21 2,039 TOTALS136,099 City of Pasco Monthly Tracking Report of Contracts/Purchases Over 100k and Under 300kCity of Pasco Infrastructure Donations (Year to Date Donations)Page 35 of 80 ARPA LIST$2,794,000Name Assigned to Agency Amount Contact Initiated Accepted NotesCompleted?Revenue Replacement?Council or CM ApprovedSuggested ByTBEX Adam Lincoln Visit Tri-Cities $25,000 Yes Yes Contract being executed in July In Progress No CM Approved CMSmall Business Assistance Adam Lincoln SBA $200,000 Yes Yes Discussion with partners ongoing In Progress No CM Approved CouncilCommunity Resource Specialist Angela Pashon City of Pasco $450,000 Yes Yes Position posted in July In Progress No CM Approved CouncilDowntown Master Planning Jacob Gonzalez City of Pasco $119,000 Yes Yes Contract being executed in July Done No CM Approved CouncilBusiness Assistance Richa Sigdel Chamber of Commerce $1,000,000 Yes Yes Details getting discussed Done No Council Approved CouncilUtility Assistance Richa Sigdel Franklin PUD/City of Pasco $1,000,000 Yes Yes Program started Done No Council Approved CouncilUtility Assistance Richa Sigdel Big Bend Electric $2,700 Yes No Minimal, no interest in program Done No No Need Council Page 36 of 80 AGENDA REPORT FOR: City Council July 14, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Professional Services Agreement with RH2 Engineering - Process Improvements Pretreatment (PWRF) Facility Reuse Water Phase 2: Winter Storage I. REFERENCE(S): Resolution Professional Services Agreement (PSA) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________, authorizing the City Manager to execute the Professional Services Agreement (PSA) with RH2 Engineering for the Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage project. III. FISCAL IMPACT: Professional Services Agreement: $422,542.00 Funded by a low-interest pre-construction loan from the WA Public Works Board. IV. HISTORY AND FACTS BRIEF: City of Pasco performed a consultant selection process for the Process Water Reuse Facility (PWRF) Pretreatment Improvements project in late 2019. The scope of the Pretreatment improvements recommended in the PRWF Facility Plan includes the following: • Extension of site utilities, piping infrastructure, and fire protection • Additional winter storage capacity • Influent screening and primary treatment upgrades • Modifying 35 MG pond to include equalization and aeration system Page 37 of 80 RH2 Engineering (RH2) was determined to be the most qualified consultant for this engineering work and was selected for this project. In early 2020, the City contracted with RH2 for a Value Engineering (VE) analysis of three process alternatives to address the short and long term needs of the facility and its stakeholders. The results suggested a higher level of treatment will be required to meet the project objective. While the City continues to work with the food processor stakeholders on defining the ultimate technologies for final pretreatment of the industrial an as identified were improvements backbone wastewater, agricultural immediate need. Stakeholders agreed to move forward with a phased approach. Phase 1 of the Pretreatment Improvements, approved by Council on July 19, 2021, will provide potable water supply and fire protection along with upgraded power supply for the PWRF. To advance another Facility Plan recommendation, RH2 will also design Phase 2 for additional winter storage of Processor water. This will consist of lined storage ponds with specific quantities and a configuration to be determined as design progresses. This expansion of winter storage capacity will allow extended operations for the agricultural food processors and provide capacity for a new user of the PWRF. The new pond(s) will be interconnected with the existing ponds that currently have a combined storage capacity of 150MG. This supp lemental storage will also provide more operational flexibility for winter operations and peak flow events. In 2019, Pasco received a $1,000,000 pre-construction loan for the PWRF from the state Public Works Board (PWB). These funds will help with the design phase of the PWRF improvements. In 2020, the City also received a $500,000 grant from the Franklin County Economic Development fund (.09) for the PWRF project. It also seems likely that the City will receive in 2021 an additional $1,000,000 in Franklin County .09 funds to help with the construction phase of the Phase 1 project. V. DISCUSSION: Staff recommends approval of the Professional Services agreement with RH2 Engineering for the Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage project in the amount of $422,542.00. Page 38 of 80 Resolution – PSA with RH2 Engineering - 1 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT (PSA) BY THE CITY MANAGER WITH RH2 ENGINEERING FOR THE PROCESS WATER REUSE FACILITY (PWRF) PRETREATMENT IMPROVEMENTS – PHASE 2: WINTER STORAGE PROJECT. 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 City of Pasco has published an announcement of its Request for Qualifications (RFQ) related to PWRF Pretreatment Improvements project in 2019 for Architectural and Engineering services as required by RCW 39.80.030; and WHEREAS, after a staff panel for the City of Pasco reviewed and scored responses from three (3) firms and subsequently interviewed all firms, it determined the most highly qualified firm to be RH2 Engineering pursuant to RCW 39.80.040; and WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable Professional Services Agreement with RH2 Engineering based on the estimated value of the services including their scope, complexity, and professional nature; and WHEREAS, the City of Pasco hereby finds that RH2 Engineering is the most highly qualified firm to perform the necessary Architectural and Engineering services related to the PWRF Pretreatment Improvements – Phase 2: Winter Storage Project, and the negotiated contract is both fair and reasonable, for an amount not to exceed $422,542.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is hereby authorized to execute the Professional Services Agreement with RH2 Engineering, a copy of which is attached hereto, and incorporated herein by reference as Exhibit A, and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 39 of 80 Resolution – PSA with RH2 Engineering - 2 PASSED by the City Council of the City of Pasco, Washington, this ___ day of August 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 40 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT 19055 - Process Water Reuse Facility Pretreatment Improvements Phase 2: Winter Storage Agreement No. 21-039 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and RH2 Engineering, Inc., hereinafter referred to as “Consultant,” on the _______ day of _________________, 2021. 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. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant’s current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Process Water Reuse Facility (PWRF) Improvements project; and WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant’s performance data, and the nature and complexity of the project. 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 12/31/2024. 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 Exhibit A Page 41 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 2 of 10 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 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 (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 $422,542.00 without the prior written authorization by the City. 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 Page 42 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 3 of 10 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 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 Page 43 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 4 of 10 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 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 44 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 5 of 10 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 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. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with Page 45 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 6 of 10 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the 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: ☒ $2,000,000 each occurrence; and ☒ $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ☒ $2,000,000 per claim; and ☒ $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.1 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. 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 Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Page 46 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 7 of 10 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 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 Page 47 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 8 of 10 of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the 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: Brittany Whitfield, P.E., or his/her designee Senior Engineer 525 North 3rd PO Box 293 Pasco WA 99301 WhitfieldB@pasco-wa.gov (e-mail address) Page 48 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 9 of 10 14.3.2 For the Consultant: Paul Cross, P.E., or his/her designee Principal 114 Columbia Point Drive, Suite C Richland, WA 99352 pcross@rh2.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. 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 Consultant respectively. Page 49 of 80 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-039 Process Water Reuse Facility (PWRF) Improvements – Winter Storage Page 10 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell – City Manager Paul Cross, P.E. – Principal ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 50 of 80 1 Scope of Work City of Pasco Process Water Reuse Facility (PWRF) Improvements Winter Storage July 2021 Background The City of Pasco (City) has previously contracted with RH2 Engineering, Inc., (RH2) to perform value engineering services in support of the Process Water Reuse Facility (PWRF). Design work as an outcome of the value engineering study has included Water and Electrical Improvements. The City has requested that RH2 initiate the next phase of the project to design approximately 160 million gallons (MG) of winter storage for the PWRF for winter process water. Tasks to complete the Winter Storage design are outlined in this Scope of Work. Task 1 – Project Management Services Objective: Manage RH2’s project team and maintain frequent client communications. Maintain project schedules and prepare monthly invoices and budget status summaries. Approach: Provide direction, coordination, and oversight to the RH2 project team. Organize, manage, and coordinate technical disciplines as described herein, and implement quality assurance and quality control (QA/QC) reviews to execute this Scope of Work in close coordination with City staff. Document and retain information generated during the execution of the project. Prepare monthly invoices and budget status summaries. Create, maintain, and update a project design schedule. Monitor, modify, and update the project schedule throughout the design phase to determine potential impacts of proposed changes. Adjust the schedule to reflect the current status of the project and revisions made to this Scope of Work. RH2 Deliverables: •Monthly invoices and budget status summaries in electronic PDF. •Project schedule updates in electronic PDF. EXHIBIT A Page 51 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 2 Task 2 – Subsurface Investigation Objective: Obtain existing site information from available as-built drawings provided by the City. Obtain subsurface data relevant to this project. Perform subsurface and geotechnical investigations and reporting to support the design of the storage improvements. Approach: Review available construction records and as-built information. Coordinate with City staff and a subconsultant to RH2 to perform a geotechnical investigation, boring, and potholing at the storage sites identified in the Water and Electrical Improvements phase to assess soils, existing underground utilities, and groundwater conditions. This subtask assumes up to ten (10) potholing locations; potholes will be approximately 10 feet deep Five (5) borings at each storage site will be approximately 50 feet deep (total of ten [10] borings). Perform a visual observation of the site to review the interfering utility data obtained from the City to the degree possible by surface observation. Collect additional site data relating to the interfering utilities. Provide up to ten (10) hours of RH2 staff time to perform desktop investigations to assist with determining permitting requirements for any utility relocations required for the project. Prepare a geotechnical report on the storage sites that meets Washington State Department of Ecology (Ecology) Dam Safety requirements for subsurface investigations. Assumptions: •RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. •It is assumed that no subsurface investigations can occur until cultural assessment (included under Task 4) is complete. •It is assumed that the new storage construction will be done within the City property lines or within a defined easement; therefore, there is no need to research or provide services for easement acquisitions. Provided by the City: •Construction and as-built records, as available, for existing storage, pipelines, and electrical lines that are onsite. •Previous geotechnical investigation reports and construction photos in the area. RH2 Deliverables: •Geotechnical report summarizing the geotechnical recommendations and pipeline size and material selection in electronic PDF format. Page 52 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 3 Task 3 – Supplemental Survey Information Objective: Coordinate with a local professional land surveyor as a subconsultant to RH2 to provide the vertical and horizontal control and topographical mapping necessary for design of the additional winter storage. Approach: Coordinate with the City to obtain the CAD files from the Columbia Force Main and Irrigation Pump Station project that used the same topography and boundary files. Format survey data for use in this project. Create base map for project design using RH2 standards. Subcontract with a surveyor to shoot potholed utilities and to perform a topographic survey of the storage site. Incorporate findings into the plans. Provided by the City: •Potholing of existing utilities. RH2 Deliverables: •Base map for design documents in electronic PDF. Task 4 – Permitting Assistance Objective: Assist the City with the preparation of necessary documents and permit submittals to meet local and state requirements with regard to the State Environmental Policy Act (SEPA), Ecology, and required City and Franklin County permit processes. Approach: Prepare a draft SEPA Checklist for City staff review. Based on City staff comments, finalize the SEPA Checklist and provide to City Planning staff for completion of a SEPA Determination and subsequent publication. Attend up to two (2) meetings with the City to discuss permitting tasks and progress. Prepare meeting agenda and minutes for each meeting and draft applications for City and County permits. Up to ten (10) hours of permit preparation for City and County permits is antic ipated under this subtask. Prepare cultural and historic resources documentation for compliance with Section 106 of the National Historic Preservation Act (NHPA), which is required for the project to receive Public Works Board monies. Coordinate with a cultural resources consultant as a subconsultant to RH2 to perform applicable evaluations and on-site cultural survey work for the project site. RH2 will prepare the EZ-1 forms as needed to define the project’s Area of Potential Effect (APE) and coordinate review with the Washington State Public Works Board (PWB) on its initial determination, as well as the Washington State Department of Archaeology and Historic Preservation (DAHP) and affected Indian Tribes. A subconsultant will prepare an Inadvertent Page 53 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 4 Discovery Plan (IDP) and a Cultural Resources Survey to assess potential project impacts, which also will be provided to DAHP, the Tribes, and other regulatory agencies for consultation under Section 106 of the NHPA. Prepare Ecology permits for Dam Safety and Water Quality as part of the design review process. Timing for Ecology permits will coincide with submittals provided during the design and construction phases. Assumptions: •The project will receive Public Works Board monies, requiring compliance with a number of state and federal statutes under the National Environmental Policy Act (NEPA), including cultural/historic reviews. •If human remains are found within the project area, all cultural field investigations will cease immediately, proper authorities will be notified, and field investigations will not resume until applicable state laws are addressed. •Initial determinations by DAHP may be delayed until the submittal of 60-percent design plans can be included. •No digging can occur after the Public Works Board application is submitted, including site investigations or geotechnical drilling, until receiving approval from both Section 106 and SEPA. •The IDP will follow DOH’s standard template for inclusion in the construction documents. •The City will assist RH2 with supplying information required for the SEPA Checklist to the extent that information is accessible to the City. •The City will submit all final permit applications directly. •The City will pay all permit and review fees directly. •No federal permitting, federal biological assessments or evaluations, or U.S. Army Corps of Engineers permitting or coordination will be involved. •Archaeological monitoring, more detailed scientific assessment, or other requirements imposed as part of the permit approval process will require an additional authorization and a modification to this Scope of Work. •Permitting-related work will be conducted on a time and expense basis with the goal that the required permitting can be accomplished within the proposed permitting budget included in the attached Fee Estimate. •RH2 cannot warrant or guarantee any agency’s approval or response time. •Meetings are assumed to take place at the City’s public works and engineering offices but may take place virtually depending on health and safety protocols in effect at the time of the meeting. The City and RH2 will mutually agree on the meeting format prior to each meeting. Page 54 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 5 Provided by City: •Submittal of permit applications and payment of permit application fees. •Easement negotiations, if necessary. •Review and comment on draft permit applications prior to submittal. •Determination and publication elements of permit applications. RH2 Deliverables: •Draft and final SEPA Checklist in electronic PDF. •Cultural resources documentation and IDP in electronic PDF. •Attendance at up to two (2) meetings with City staff. Meeting agendas and minutes for each meeting in electronic PDF. Task 5 – Storage Design Objective: Coordinate with Ecology’s Dam Safety Section (DSS) to facilitate the design review and permitting of 160 MG of winter storage for processor waste at the PWRF. Approach: Prepare for a kickoff meeting with City engineering and operations staff regarding layout and operating objectives for access, filling, isolating, and draining the new storage facilities. Incorporate new topography and potholes into base drawings. Coordinate with DSS on the type of project and submit an application for a construction permit. Prepare an Engineering Design Report and submit to DSS. Prepare 30-percent preliminary plans with storage geometry, cross-sectional views, liner details, and inlet/outlet piping; twenty (20) sheets total. Prepare 30-percent preliminary cost estimate. Submit to City and DSS for preliminary comment. Update the preliminary plans based upon City and DSS input and prepare a 60-percent review set of the construction plans; thirty (30) sheets total. Prepare 60-percent project specifications and opinion of probable cost in electronic PDF format. Perform internal QA/QC of the 60-percent plans, specifications, and cost estimate. Prepare agency review set of construction plans, specifications, and cost estimate. Prepare a construction inspection plan and submit with agency review set of construction documents. Incorporate agency review comments and prepare 99-percent plans and specifications for final QA/QC. Page 55 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 6 Attend up to three (3) meetings with the City to discuss the plans, specifications, and estimate at milestone submittals (30-percent, 60-percent, and agency review). Prepare meeting agenda and minutes for each meeting. Prepare an operations and maintenance (O&M) plan. Prepare an emergency action plan (EAP). Assumptions: •It is assumed that the City will pay all construction permit fees, including the initial non-refundable fee payment to DSS. •It is assumed that the O&M plan and EAP prepared at the design stage will be substantially representative of the final as-constructed facility and will require only minor modifications before submitting to DSS after construction is complete. •All deliverables will be provided in electronic PDF format. •RH2 cannot warrant or guarantee any agency’s approval or response time. RH2 Deliverables: •Attendance at one (1) kickoff meeting with City. •Engineering Design Report. •30-percent preliminary plans and cost estimate. •60-percent and agency review set of the construction plans, specifications, and opinion of probable cost. •Construction inspection plan. •Attendance at three (3) meetings with City. Meeting agenda and minutes in electronic PDF. •O&M plan and EAP. Task 6 – Bid-Ready Plans, Specifications, and Construction Contract Documents Objective: Prepare construction plans and specifications for bidding. Approach: Perform a detailed in-house QA/QC engineering review of the construction design plans and specifications for quality and conformance to project requirements and City standards. Submit 99-percent plans and specifications in electronic PDF to the City for final review or for City’s signature. Revise plans, specifications, and construction contract documents per the in-house review and City input, if any. It is assumed the revisions to the 99-percent documents, if any, will be minor. Page 56 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 7 Finalize the Engineer’s Estimate of probable construction cost based on the bid-ready design plans. Prepare bid-ready plans, specifications, and construction contract documents for bidding. Assumptions: •The Water and Electrical Improvements and Winter Storage construction projects will be bid as separate projects. Provided by City: •Review comments and information to prepare bid-ready plans, specifications, and construction contract documents. RH2 Deliverables: •99-percent plans, specifications, and construction contract documents for City review and signature, if needed, in electronic PDF. •Five (5) hardcopy sets of bid-ready documents: two (2) sets for City use and bidding purposes; and three (3) sets for RH2 files and staff use during bidding. Plan s will be shown at 1-inch equals 20 and/or 100 feet on 11-inch by 17-inch sheets. It is assumed that plan sets will consist of thirty (30) sheets maximum. •Bid-ready construction contract documents and plan set in electronic PDF. Plans will be shown at 1-inch equals 100 feet on 22-inch by 34-inch sheets. Task 7 – Services During Bidding Objective: Provide engineering assistance throughout the bidding phase to prepare required documentation and respond to contractor questions. Approach: Upload bid package to online plan center (i.e., QuestCDN). Prepare advertisement for bids, contact potential bidders, and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications and directly pay for the advertisements. Respond to contractor and supplier questions during bidding, review product prequalification requirements, and document responses to the file. Prepare up to three (3) addenda when determined necessary to clarify, revise, or change construction plans, technical specifications, or project conditions during the bidding process. Attend one (1) site visit with prospective bidders and the City. Review bids and assist the City with the evaluation of the qualifications and references for the apparent low bidder. The City will administer the bid opening and prepare the bid tabulation to Page 57 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 8 verify total bid prices. RH2 will not attend the bid opening. The City will prepare and issue the project award recommendation letter. Assumptions: •Because services during bidding can vary in nature, RH2 will perform Task 7 services as requested up to the amount included in the attached Fee Estimate. If needed, additional work will be mutually determined by the City and RH2. Provided by City: •City to submit and pay for the advertisement to the appropriate publications. RH2 Deliverables: One (1) advertisement for bid in electronic PDF. Written responses to vendor and bidder questions during the advertisement phase, submitted to the City in electronic PDF or via email. Up to three (3) addenda in electronic PDF. Attendance at one (1) site visit. Reference check of lowest bidder. Task 8 – Services During Construction (Limited) Objective: Provide services during project construction to support the City. As the engineer of record, perform at least five (5) site visits for observation of construction progress. While not onsite, work with the City and its designated utility and special inspector to respond to technical questions and issues. It is anticipated the City will take the lead in inspection and construction contract administration and will handle day-to-day responsibilities. This Task may need to be modified based upon DSS requirements identified within the construction inspection plan. Approach: Assist the City for a maximum of one hundred twenty (120) hours to perform on-site observation and respond to contractor’s requests for information (RFIs) or change orders. Assumptions: •It is assumed that the City will provide most services during construction. If the City or DSS determines it needs technical support from RH2, a maximum of one hundred twenty (120) hours to respond to contractor questions, observe construction activities, observe special inspections, or assist with change orders is provided in this Scope of Work and Fee Estimate. Effort for these services in excess of one hundred twenty (120) hours are outside of this Scope of Work and will be negotiated as part of an amendment. RH2 is not responsible for site safety or for directing the contractor in their work. Page 58 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 9 •It is assumed that the City will contract with a materials testing firm to perform compaction testing required by DSS for the storage project. RH2 Deliverables: •Applicable field observation reports and documentation in electronic PDF. Task 9 – Final Storage Approval from DSS Objective: Perform project completion activities as required by DSS in o rder to begin actively using the winter storage. Record drawings, construction completion report, and updates to both the EAP and O&M plan will be necessary based upon as-built conditions. Approach: Prepare record drawings of the storage plans and summarize the construction records with any contractor identified changes made during construction. Plans will be shown at 1-inch equals 100 feet on 22-inch by 34-inch sheets and DSS copies will be provided in both paper and electronic formats. Submit the O&M plan, the EAP, and the construction completion report for the completed project to DSS. Respond to any comments from DSS and incorporate the O&M plan into a final O&M manual in compliance with Washington Administrative Code (WAC) 173-175-500. Assumptions: •Record drawings for the storage project are assumed to take a maximum of forty (40) hours to prepare based upon only minor deviations in the plans, good as-builts by the contractor, and a post-construction survey of all valves, surface contours, and other above-ground appurtenances supplied by the contractor. •It is assumed that the classification of the new storage will be low with a downstream classification of 2 or 3 with no threat to life. No coordination with local emergency services or state emergency management divisions are anticipated or included in this Scope of Work. Only one round of Ecology comments is anticipated for the EAP, O&M plan and O&M manual within this scope of work. RH2 Deliverables: •Record drawings in electronic PDF and in one (1) hard copy set for DSS on 22-inch x 34-inch paper. •Draft and final O&M plan, EAP, and responses to DSS comments in electronic PDF. •O&M manual in electronic PDF. Page 59 of 80 City of Pasco Process Water Reuse Facility Improvements Exhibit A Winter Storage Scope of Work 10 Project Schedule RH2 will commence with design and permitting work upon notice to proceed from the City. It is anticipated that this contract will be approved by late August 2021, that bidding will occur in mid- to late-summer 2022, and that construction will commence before the end of October 2022. Page 60 of 80 EXHIBIT B Fee Estimate City of Pasco Process Water Reuse Facility Improvements Winter Storage Jul-21 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 1 Project Management Services 49 8,869$ -$ 469$ 9,338$ Task 2 Subsurface Investigation 102 21,084$ 17,250$ 1,804$ 40,138$ Task 3 Supplemental Survey Information 22 3,507$ 28,750$ 528$ 32,785$ Task 4 Permitting Assistance 56 9,578$ 13,800$ 344$ 23,722$ Task 5 Storage Design 1224 221,618$ -$ 21,354$ 242,972$ Task 6 Bid-Ready Plans, Specifications, and Construction Contract Documents 56 10,087$ -$ 1,045$ 11,132$ Task 7 Services During Bidding 45 8,281$ -$ 549$ 8,830$ Task 8 Services During Construction (Limited)120 19,660$ -$ 4,051$ 23,711$ Task 9 Final Storage Approval from DSS 154 26,774$ -$ 3,140$ 29,914$ PROJECT TOTAL 1828 329,458$ 59,800$ 33,284$ 422,542$ Page 61 of 80 RATE LIST RATE UNIT Professional I $144 $/hr Professional II $157 $/hr Professional III $169 $/hr Professional IV $187 $/hr Professional V $198 $/hr Professional VI $214 $/hr Professional VII $226 $/hr Professional VIII $235 $/hr Professional IX $235 $/hr Control Specialist I $130 $/hr Control Specialist II $141 $/hr Control Specialist III $154 $/hr Control Specialist IV $169 $/hr Control Specialist V $179 $/hr Control Specialist VI $191 $/hr Control Specialist VII $204 $/hr Control Specialist VIII $214 $/hr Technician I $108 $/hr Technician II $119 $/hr Technician III $136 $/hr Technician IV $145 $/hr Technician V $160 $/hr Technician VI $175 $/hr Technician VII $189 $/hr Technician VIII $198 $/hr Administrative I $72 $/hr Administrative II $84 $/hr Administrative III $99 $/hr Administrative IV $118 $/hr Administrative V $139 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Mileage $0.560 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost RH2 ENGINEERING, INC. 2021 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. Page 62 of 80 AGENDA REPORT FOR: City Council July 27, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Resolution - Setting a Public Hearing Date for Big Apple Travel Stop Street Vacation - Portion of Rainier Ave. I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, setting 7:00 PM, September 7, 2021 as the time and date for a public hearing to consider the vacation of a portion of Rainier Avenue. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The owners, SRB Real Estate Investments, LLC & 2S Investment, LLC, of property adjacent Rainier Avenue located just north of E. Kartchner Street, have petitioned for the vacation of approx. 670 linear feet of Rainier Avenue from the intersection of Industrial Way eastward to the end of the road. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is September 7, 2021. Page 63 of 80 V. DISCUSSION: Under the provisions of Chapter 12.40 of the Pasco Municipal Code (PMC), individuals requesting street vacations may be required to compensate the City for publicly owned right-of-way being vacated. The City Council may waive compensation in whole or in part if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council as non-essential to public traffic circulation; 4. The grant of substitute public right-of-way which has a value as a right-of- way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staff's evaluation of this request leads to a recommendation that compensation for the subject right-of-way be waived as condition No. 5 above has been met. The applicant proposes placing a large-volume travel stop at the site, which will serve local and long-haul commercial truckers as well as locals and tourists, and will provide tax revenues to the County and City. Page 64 of 80 Resolution - Setting PH for VAC 2021-002 - 1 RESOLUTION NO. _________ A RESOLUTION SETTING 7:00 PM, SEPTEMBER 7, 2021 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF RAINIER AVENUE WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; WHEREAS, the City wishes to initiate a vacation of a portion of Rainier Avenue by Resolution pursuant to PMC 12.40.020(1); and WHEREAS, a petition for vacation of a portion of Rainier Avenue has been submitted to the City pursuant to PMC 12.40.020(2); and WHEREAS, RCW 35.79 and PMC 12.40.040 require public hearings on vacations to be fixed by Resolution; and WHEREAS, PMC 12.40.050 requires that notice of public hearings on proposed street vacations be made by Resolution of City Council at least 20 days prior to any such hearings; and WHEREAS, pursuant to PMC 12.40.070 in order to find that a street, alley, or public access easement is suitable for vacation the City Council must find that the vacation does not adversely affect traffic accessibility and circulation in the area of the vacation or the City generally, is not contemplated to be necessary for any future public use, will not create a land locked parcel or accessibility problem for any abutting property owner, and the public need will not be adversely affected by vacation and the vacation will further a public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That a public hearing to consider vacating a portion of Rainier Avenue, as depicted in Exhibit A, a copy of which is attached hereto, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 7th day of September 2021: NORTH RAINIER AVENUE FROM THE EAST RIGHT-OF-WAY LINE OF NORTH INDUSTRIAL WAY TO THE NORTHEASTERN TERMINUS OF RAINIER AVENUE, A DISTANCE OF APPROXIMATELY 670 LINEAR FEET, TOGETHER WITH A TRIANGULAR REMNANT OF ABANDONED RAINIER AVENUE RIGHT-OF-WAY LOCATED ADJACENT US HIGHWAY 395 SOUTHBOUND EXIT RAMP. CONTAINS 1.056 ACRES MORE OR LESS. Page 65 of 80 Resolution - Setting PH for VAC 2021-002 - 2 That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of _______, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 66 of 80 349158 62 12261 71160 7637517624 INDUSTRIALKARTCHNERTOUS395US 395 TO KARTCHNERRAINIER 0 70 140 210 28035 Feet Item: Street Vacation - Section of Rainier Ave Applicant: SRB RE Investments, LLC and 2S Investment, LLC File #: VAC 2021-002 Exhibit "A"Page 67 of 80 RAILROAD RAINIERINDUSTRIALKARTCHNE RT O U S 3 9 5 JASONRAINIER KARTCHNER US 395US 395US395TOKARTCHNERK A R T C H N ER TO US395 Benton County WA, Pasco GIS, Maxar, Microsoft 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet Overview Map Item: Street Vacation - Section of Rainier Ave Applicant: SRB RE Investments, LLC and 2S Investment, LLC File #: VAC 2021-002 Page 68 of 80 INDUSTRIALKARTCHNERTOUS395US 395 TO KARTCHNERRAINIER Benton County WA, Pasco GIS, Maxar, Microsoft 0 70 140 210 28035 Feet 0 70 140 210 28035 Feet Vicinity Map Item: Street Vacation - Section of Rainier Ave Applicant: SRB RE Investments, LLC and 2S Investment, LLC File #: VAC 2021-002 Page 69 of 80 liib «f� Cityof iii n Community & Economic Development Department 11, .�� S00 PO Box 293, 525 N 3'd Ave, Pasco, WA 99301Q. P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO STREET/ALLEY VACATION PETITION Fee:$300 Master File # Date Submitted: 61812021------ We the undersigned, owners of two-thirds of the privately-owned abutting property, hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: Rainier Ave From Industrial Way east to End, approx. 670 linear feet. Applicant/ Owner 1 Owner2 Name: SRB REAL ESTATE INVESTMENTS, LLC Address: 805 W BATTLEFIELD, SPRINGFIELD, MO 65807 Phone: (201)344-2206 Email: 123roadrunners9@gmail.com Signature: �V Name: 2S INVESTMENT, LLC Address: 805 W BATTLEFIELD, SPRINGFIELD, MO 65807 Phone: (201) 344-2206 Email: 123roadrunners Signature: {Please see reverse side) Updated April 2019 Page 70 of 80 Name: Address: Owner3 Phone: Email: Signature: Survey Title Report (if not waived) Fee of $300 Page 71 of 80 AGENDA REPORT FOR: City Council July 30, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 8/2/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021-001) Continued from July 19, 2021 Council Meeting I. REFERENCE(S): Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONTINUE THE APPEAL HEARING MOTION: I move to continue the Appeal Hearing until the August 16, 2021 Regular Council Meeting. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Council considered the Appeal at the June 21 and July 19, 2021 Council Meetings. The Hearing was continued to this date by Council Motion. Since the July 19 Council Meeting, staff has explored providing sewer service from the west (Road 100; Chelan Ct. or Merlot Dr.) versus from the north or south in Road 96. V. DISCUSSION: Sewer service from Road 100 could possibly be located in the City's property reserved for Fire Station No. 85 to the west of the subject parcel. Sewer service from Chelan Ct. or Merlot Dr. would be through private properties. Page 72 of 80 Extension of sewer through the City property will likely be the most probable alignment to provide service east of RD 100 to the subject property. In the possibilities outlined above - extension of sewer would depend on the ability of the appellant to obtain easements from property owners (including the City) to the east of Road 100. If sewer extension through those properties is successful - sewer could be more accessible for other properties in this vicinity. Staff requests additional time for this to be processed with the affected owners and recommends continuation until the Augu st 16, 2021 Council Regular Meeting. Page 73 of 80 CHARDONNAYROAD 96BALFLOUR CHELAN W ILL O W WINTHROP WELSH RIES L I N G ELMWOODTWILIGHTM A P L E PRAIRIEMERLOT RED ROAN S U N S E T MANASSASCORONADO FERNWOODMAPLE SYRAHHAYDENSUNSET ROAD 100Fire Station #85 Plat Vicinity Map Item: Appeal - Sewer Waiver Denial Applicant: Tony Danilyuk File #: APPL 2021-001 0 280 560 840 1,100140 Feet Page 74 of 80 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: • Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. • Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. • Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. • Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. • Completing construction of a new animal control facility. • Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. • Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. • Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. • Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: • Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. • Continuation of cost of service and recovery targets in evaluating City services. • Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. • Instilling and promoting an organizational culture of customer service across all business lines. • Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 75 of 80 COMMUNITY SAFETY Preserve past improvements and promote future gains by: • Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. • Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. • Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. • Continuing efforts to improve police and community relations. • Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. • Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. • Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: • Commencement and completion of construction of the Lewis Street Overpass project. • Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. • Data-driven pro-active neighborhood traffic calming efforts. • Continued collaboration with Ben Franklin Transit to enhance mobility and access. • Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: • Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. • The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. • The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. • Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. • Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 76 of 80 • Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. • Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. • In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: • Continued efforts of community surveying through traditional methods and the application of new technologies. • Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. • Enhanced inter-agency and constituent coordination developed during the pandemic. • Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. • Enhanced participation and support of cultural events occurring within the community. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 77 of 80 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: • Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. • Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. • Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. • Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. • Terminar la construcción de una nueva instalación para el control de animales. • Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. • Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. • Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. • Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. • Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: • La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 78 of 80 • La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. • La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. • Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. • Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: • Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. • Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. • Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. • Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. • Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. • Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). • Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: • El comienzo y el término de la construcción del proyecto Lewis Street Overpass. • El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. • Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. • La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. • El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 79 of 80 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: • Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. • La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. • El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. • Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. • Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. • La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. • Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. • Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: • Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. • Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. • Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. • Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. • Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. • El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 80 of 80