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2022.01.03 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, January 3, 2022 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 (631) 992-3211 and use access code 613-585-088. 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. SELECTION OF INTERIM MEETING CHAIRPERSON 5. COUNCIL DISTRICT NO. 2 INTERVIEWS & POSSIBLE APPOINTMENT 6 - 7 (a) Interview for Council Position No. 2 and Possible Appointment • COUNCIL POSITION NO. 2 INTERVIEWS 1. Joseph Campos 2. Tanner Knighton Page 1 of 334 3. Jesse Campos 4. Alexia Estrada • MOTION: I move to appoint ______________ to Council Position No. 2 effective from January 3, 2021 through December 31, 2023. _______ ADMINISTER OATH OF OFFICE OF COUNCILMEMBER -or- • MOTION: I move to extend the time for submitting an application packet for the vacant Council Position No. 2 from Council District No. 2 residents that meet the Council qualifications through __________, 2022. 6. COUNCIL BUSINESS (a) Election of Mayor (b) Election of Mayor Pro Tem 7. RECESS - Mayor Assigns Council Seating 8. 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. 8 - 16 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Regular Meeting held on December 6, 2021. 17 - 34 (b) Resolution - Tri-Cities Hispanic Chamber of Commerce American Rescue Plan Act Funding Agreement To approve Resolution No. 4133, approving an agreement with the Tri- Cities Hispanic Chamber of Commerce, a Washington Non -Profit Corporation, for the COVID-19 vaccination program utilizing the American Rescue Plan Act funds and authorizing the City Manager to execute the necessary funding agreement. (RC) MOTION: I move to approve the Consent Agenda as read. 35 - 37 (c) Bills and Communications Page 2 of 334 To approve claims in the total amount of $12,237,955.31 ($7,969,973.85 in Check Nos. 245450-245943; $1,949,802.79 in Electronic Transfer Nos. 833909-833942, 833945-833985, 833991, 833993-834230; $19,323.84 in Check Nos. 53799-53810; $2,298,854.83 in Electronic Transfer Nos. 30168909-30169960). 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 $1,456,347.65 and, of that amount, authorize $1,320,790.67 to be turned over for collection. 9. PROCLAMATIONS AND ACKNOWLEDGEMENTS 10. 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. 11. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 38 - 42 (b) General Fund Monthly Report - October & November 2021 12. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 43 - 52 (a) Q Public Hearing - Street Vacation: Portion of East Pueblo Street (VAC 2021-003) CONDUCT A PUBLIC HEARING MOTION: I move to deny the vacation request for a portion of East Pueblo Street. 53 - 68 (b) Public Hearing and Ordinance - Port of Pasco - Reimann Industrial Center Annexation (ANX 2021-006) CONDUCT A PUBLIC HEARING Page 3 of 334 MOTION: I move to adopt Ordinance No.4568, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. 13. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 69 - 97 (a) Q Ordinance - Port of Pasco - Reimann Industrial Center Zoning Determination (ZD 2021-006) MOTION: I move to adopt Ordinance No. 4569, assigning I-2 zoning to the Reimann Industrial Center annexation area as recommended by the Hearing Examiner, and further, authorize publication by summary only. 98 - 139 (b) *Q Ordinance - Vinh Pham Quang/Buddhist Rezone R-2 to R-4 (Z 2021-014) MOTION: I move to adopt Ordinance No. 4570, rezoning a parcel located at 1105 N. 26th Avenue, Pasco, WA from R-2 to R-4, and further, authorize publication by summary only. 140 - 153 (c) Resolution - Setting a Public Meeting Date for Lamb 5 LLC Annexation Petition (ANX 2021-007) MOTION: I move to approve Resolution No. 4134, setting 7:00 PM, January 18, 2022 as the time and date for a public meeting to consider the Lamb 5 LLC notice of intent to commence annexation of property located at the northwest corner of West Court Street and Road 68. 154 - 167 (d) *Resolution - 2022-2026 Hanford Communities Interlocal Agreement MOTION: I move to approve Resolution No. 4135, the 2022 -2026 Hanford Communities Interlocal Agreement. 168 - 328 (e) *Resolution - Professional Services Agreement for Design of Sylvester Street Safety Improvements MOTION: I move to approve Resolution No. 4136, authorizing execution of the Professional Services Agreement by the City Manager with HDR Engineering, Inc. for the design of the Sylvester Street Safety Improvements Project. 14. UNFINISHED BUSINESS 15. NEW BUSINESS 16. MISCELLANEOUS DISCUSSION 17. EXECUTIVE SESSION Page 4 of 334 (a) Consideration of the Minimum Offering Price for Sale or Lease of Real Estate if There’s a Likelihood that Disclosure Would Decrease the Price per RCW 42.30.110(1)(c) (15 minutes) 18. ADJOURNMENT 19. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 329 - 334 (b) Adopted 2020-2021 Council Goals (Reference Only) 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 5 of 334 AGENDA REPORT FOR: City Council December 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Dave Zabell, City Manager Executive SUBJECT: Interview for Council Position No. 2 and Possible Appointment I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: • COUNCIL POSITION NO. 2 INTERVIEWS 1. Joseph Campos 2. Tanner Knighton 3. Jesse Campos 4. Alexia Estrada • MOTION: I move to appoint ______________ to Council Position No. 2 effective from January 3, 2021 through December 31, 2023. _______ ADMINISTER OATH OF OFFICE OF COUNCILMEMBER -or- • MOTION: I move to extend the time for submitting an application packet for the vacant Council Position No. 2 from Council District No. 2 residents that meet the Council qualifications through __________, 2022. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Following the resignation of Councilmember Ruben Alvarado at the December 6, 2021 Council Meeting, staff advertised for and received four (4) application packets from qualified Pasco residents from Council District No. 2 to fill the vacant Council seat. Page 6 of 334 V. DISCUSSION: The City Council is not required to fill the position at this meeting. If however following the interviews, Council determines it appropriate to appoint one the candidates to serve the remainder of the current term for Council Position No. 2, Council would then conduct an election process. Such a process would entail nomination(s) for consideration from among the candidates, and a public voting process until a nominated candidate receives a majority of votes from among the City Council. If a nominee receives a majority vote, the City Clerk is authorized to administer the Oath of Office for new Councilmember. Should Council wish to evaluate additional candidates, Council may instruct staff to reopen the posting to a time certain. Page 7 of 334 AGENDA REPORT FOR: City Council December 29, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 12.06.21 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on December 6, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 334 MINUTES City Council Regular Meeting 7:00 PM - Monday, December 6, 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, Zahra Roach, and Pete Serrano. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; a nd Debby Barham, City Clerk. The meeting was opened with Tierra Vida Boy Scout Troop No. 100 leading the audience in the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council Special Workshop and Regular Meeting held on November 15, 2021, Special Meeting and Regular Workshop held on November 22, 2021, and Special Meeting held on December 3, 2021. Bills and Communications To approve claims in the total amount of $7,005,030.18 ($5,454,781.34 in Check Nos. 245064-245449; $654,978.00 in Electronic Transfer Nos. 833598-833607, 833611-833621, 833631-833652, 833656-833726, 833732-833786, 833794-833814, 833816-833908, 833943-833944; Page 1 of 8Page 9 of 334 $8,103.84 in Check Nos. 53793-53798; $887167.00 in Electronic Transfer Nos. 30168374-30168908). Ordinances - Establish American Rescue Plan Act (ARPA) Fund and Budget Supplement To adopt Ordinance No.4565, establishing a special revenue fund for the receipt and permitted use of the American Rescue Plan Act funds, create PMC Chapter 3.143 "ARPA Fund," and further, authorize publication by summary only. To adopt Ordinance No. 4564, amending the 2021 -2022 Biennial Operation Budget of the City of Pasco, Washington by providing supplement thereto; to provide additional appropriation in the City's General Fund and American Rescue Plan Act Fund for American Rescue Plan Act Grant related activity, and further, authorize publication by summary only. Resolutions - Amendment of Agreements for American Rescue Plan Act Grants To approve Resolution No. 4127, approving an amendment to the agreement with the Basin Disposal Inc. of Franklin County, a Washington State utility provider, for the Utility Assistance Program with American Rescue Plan Act funds. To approve Resolution No. 4128, approving an amendment to the agreement with the Public Utility District No. 1 of Franklin County, a Washington State utility provider, for the Utility Assistance Program with American Rescue Plan Act funds. To approve Resolution No. 4129, approving Amendment No. 2 to the agreement with the Pasco Chamber of Commerce, a Washington State Non-Profit Corporation, for the Business Support Program with American Rescue Plan Act funds. December 2021 Council Meeting Cancellations To approve the cancellation of the December 13 and 27 Council Workshop Meetings and December 20 Council Regular Meeting. Historic Preservation Commission Appointment & Reappointment To confirm the Mayor's reappointment of Marilynn Baker to Position No.3 with a term from August 2, 2021 to August 1, 2024, and the appointment Page 2 of 8Page 10 of 334 of Darlene Sarte to Position No. 4 with a term from December 6, 2021 to August 1, 2024, on the Historic Preservation Commission. Parks & Recreation Advisory Board Appointment To confirm the Mayor's appointment of Shane Arnott to Position No. 2 on the Parks & Recreation Advisory Board, from December 6, 2021 to February 2, 2023. Franklin County Mosquito Control District Board of Trustees Reappointment To confirm Mayor Martinez's reappointment of Stephen Boothe to represent the City of Pasco on the Franklin County Mosquito Control District Board of Trustees from January 1, 2022 through December 31, 2023. (RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Mr. Alvarado. Motion carried unanimously by Roll Call vote. OATHS OF OFFICE - COUNCILMEMBERS Judge Stilwill administered the Oaths of Office of Councilmember to the recently re-elected Councilmembers Blanche Barajas, Pete Serrano, Craig Maloney and newly elected Councilmember Nikki Torres. RECOGNITION OF MAYOR MARTINEZ SERVICE TO THE CITY OF PASCO City Manager Zabell presented Mayor Martinez a plaque and key to the City of Pasco for his 11 plus years of service to the City of Pasco. Mayor Martinez reflected on his tenure serving on Council and as its Mayor for the past two years. He encouraged others, who have the heart for service, to join the City Council or a City board or commission of their choice. Mr. Samuel Martinez, Mayor Martinez's son, expressed appreciation for the leadership his father has continually exhibited within the family and community. RECESS Mayor called a recess at 7:28 PM until 7:45 PM at which time the meeting reconvened. Page 3 of 8Page 11 of 334 ORDINANCE CONFIRMING REAPPOINTMENT OF PASCO MUNICIPAL JUDGE Mr. Zabell provided a brief review of Judge Stilwill's initial appointment and recommended that Council confirm his reappointment for another four years. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4566, confirming the City Manager's reappointment of Craig Stilwill as Municipal Court Judge, affixing the compensation of the Municipal Court Judge and Judge Pro Tem, and Authorizing the City Manager to execute a Personal Services Agreement for Judge Stilwill's Judicial Services. Mr. Milne seconded. Motion carried unanimously. Mayor Martinez administered the Oath of Office of Municipal Judge to Craig Stilwill.Motion carried unanimously VISITORS - OTHER THAN AGENDA ITEMS Mr. Damien Davis, Franklin County Historical Society & Museum Executive Director, expressed appreciation to the City of Pasco for supporting the Historical Society & Museum through the Lodging Tax funding award. He also invited Council to come to an open house scheduled for Saturday, December 11, 2021 at the Museum from 1:00 to 6:00 PM. Mr. Ryan Brault, Boy Scout Troop No. 100 Leader, expressed appreciation to the City Council for providing the opportunity to have Troop No. 100 lead the Pledge of Allegiance at the opening of the meeting. He also expressed appreciation to Councilmember Alvarado for his leadership to the community, as well as his friendship as a neighbor. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Milne commented on the Winter Fest movies he participated in that were held on Saturday, December 4, 2021. He attended the Pasco Chamber of Commerce meeting earlier in the day where he hear guest speaker Michelle Whitney speak about the Pasco School District. Mayor Martinez commented on the City's Christmas Tree Lighting event held Friday, December 3, 2021. Motion carried unanimously Page 4 of 8Page 12 of 334 2021-2022 Biennium Financial Update Ms. Sigdel reported the third quarter financial update, which also included the month of November 2021. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Meeting & Resolution - Accepting a Notice of Intent for Port of Pasco - Reimann Industrial Center Annexation (ANX 2021-006) Mr. Zabell provided a brief report on the Port of Pasco's intent to annex into the City of Pasco. Mayor Martinez asked if there was anyone to speak for or against the proposed intent to annex into the City and no one responded to his question. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.4130, accepting a notice of intent to commence annexation proceedings for the Reimann Industrial Center annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. Mr. Alvarado seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution/Ordinance - Pasco Public Facilities District Grant Mr. Zabell provided a brief history of the Pasco Public Facilities District (PPFD) and explained the purpose of the proposed grant to the PPFD. Mr. Serrano asked where the PPFD deficit came from and Mr. Zabell confirmed it was due to consultant costs related to additional analysis for a proposed ballot issue. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4131, approving a grant to the Pasco Public Facilities District for $60,000 for continued operations. Mr. Serrano seconded. Motion carried unanimously. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4567, amending the 2021-2022 Biennial Budget of the City of Pasco by providing supplement thereto; to provide operational support to Pasco Public Facilities District from its General Fund. Ms. Roach seconded. Motion carried unanimously. Page 5 of 8Page 13 of 334 Resolution - Interfund Loan Extension Ms. Sigdel provided a brief update to the interfund loan for the Marina Fund. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4132, amending an interfund loan from the General Fund to the Marina Fund authorized by Resolution No. 3922. Mr. Maloney seconded. Motion carried unanimously. NEW BUSINESS Tri-Cities Hispanic Chamber of Commerce American Rescue Plan Act Funding Request Ms. Sigdel provided a summary of the request from the Tri-Cities Hispanic Chamber of Commerce (TCHCC) to continue the pop -up clinics for administrating COVID-19 vaccinations within the community. Mr. Martin Valadez, TCHCC Executive Director, Council and staff briefly discussed the pop-up clinics for COVID-19 vaccinations both initial shots and booster shots, as well as the incentive offered for initial shots. Council concurred to support the pop-up clinics, administered by TCHCC, moving forward and finalizing an agreement with TCHCC. The proposed agreement will be brought back to Council for action in January 2022. Disposition of Ad Hoc Inclusion, Diversity and Equity Commission Mr. Zabell provided a brief history of the Inclusion, Diversity & Equity Commission (IDEC), an ad hoc commission created in February 2018 and he listed the IDEC's accomplishments to date. He noted that Council has extended this ad hoc commission two times since its inception and at this juncture, staff is seeking Council direction for this ad hoc commission. Mr. Zabell provided options available to Council for the IDEC, which included: continuing the IDEC "as is" for another year or two; codify it as a standing advisory commission; incorporate or combine its functions within another existing board or commission; pause the IDEC until the completion of the Strategic Equity Plan; or disband the IDEC now and await the outcome of the Strategic Equity Plan. Council and staff discussion ensued regarding the options presented for the IDEC. The majority of Council expressed support for continuing the IDEC (ad hoc) as is for another year or two or codifying it as a standing advisory commission. One councilmember recommended that the IDEC be paused until the completion of the Strategic Equity Plan allowing Council an opportunity to reassess the needs of the City. Council also stated that they would like to hear from the IDEC members regarding their recommendations for the ad hoc commission's future. Page 6 of 8Page 14 of 334 Mr. Zabell stated that the IDEC was scheduled to deliver their community outreach report at Council's January 10, 2022 meeting and would ask they include their recommendations related to the commission's future.Motion carried unanimously MISCELLANEOUS DISCUSSION Mr. Alvarado announced that he is resigning from City Council effective December 31, 2021, as he will be moving to Walla Walla, WA for a new position. He expressed appreciation to his Council voting District No. 2 for the opportunity to serve on the City Council for the past four years. Ms. Roach thanked Mr. Alvarado for his service on Council, as well as his friendship. She also expressed appreciation to Mayor Martinez and his wife, Neddie Martinez. Mr. Maloney expressed appreciation to Mr. Alvarado for his leadership on Council. Mayor Pro Tem Barajas also expressed appreciation to Mr. Alvarado noting his calm demeanor during some contentious issues. She also thanked both Mayor and Mrs. Martinez for their service to the community. Mr. Milne expressed appreciation to Mr. Alvarado and for his understanding of community issues. Mr. Milne also expressed kind remembrances to Mayor Martinez. Mr. Serrano expressed accolades to the relationships both Mr. A lvarado and Mayor Martinez developed throughout the years and stated that it was an honor to work with both of them. Mayor Martinez appreciated how Mr. Alvarado's leadership grew over the past four years and how he built a positive and deep relationship with his constitutes. Mr. Zabell announced an upcoming open house scheduled for December 15, 2021 for the Pasco Downtown Master Plan. He also noted that he United States flags were at half staff for the next few days. Lastly, he briefly discussed the appointment process of a new Councilmember and if there were ample, qualified candidates for the appointment that the interview(s) would be conducted at the January 3, 2022 Council meeting along with a possible appointment that same meeting. Mr. Zabell highlighted Mr. Alvarado's accomplishments during his tenure on Council stating that Mr. Alvarado was always a "City of Pa sco Councilmember," as well as "Council District No. 2 Councilmember" Page 7 of 8Page 15 of 334 explaining that Mr. Alvarado was able to keep his perspective on issues very balanced. ADJOURNMENT There being no further business, the meeting was adjourned at 9:14 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 8 of 8Page 16 of 334 AGENDA REPORT FOR: City Council December 27, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Angela Pashon, Senior Management Analyst Executive SUBJECT: Resolution - Tri-Cities Hispanic Chamber of Commerce American Rescue Plan Act Funding Agreement I. REFERENCE(S): Resolution American Rescue Plan Act Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, approving an agreement with the Tri-Cities Hispanic Chamber of Commerce, a Washington Non -Profit Corporation, for the COVID-19 vaccination program utilizing the American Rescue Plan Act funds and authorizing the City Manager to execute the necessary funding agreement. III. FISCAL IMPACT: American Rescue Plan Act (ARPA) Fund - Up to $50,000 IV. HISTORY AND FACTS BRIEF: The American Rescue Plan Act of 2021 (ARPA, HR 1319) provides federal funding relief for American workers, families, industries, and state and local governments. The Act provides over $350 billion to states, counties, tribal governments, territories, and cities, with a total of $17,464,312 allocated to the City of Pasco in two equal installments during the calendar years 2021 and 2022. Interim Final Rule issued with the United States Treasury allows for ARPA grant funds to be utilized for vaccination programs. Since August 2021, the Tri-Cities Hispanic Chamber of Commerce (TCHCC) has held 70 pop-up clinics and administered over 2,800 COVID-19 vaccination Page 17 of 334 doses. The pop-up clinics focus on making vaccinations accessible to those who are challenged to acquire them during the week without an appointment and, meeting individuals where they are at including grocery stores, community events, churches, etc. TCHCC will continue pop-up clinics into 2022, each clinic costs $850 in staff time for the administration and management of the events. TCHCC has requested up to $50,000 of ARPA funding to assist with previous and continuing efforts. The funding would be on a reimbursement basis for 2021 and 2022 activities. V. DISCUSSION: At the December 6, 2021 City Council meeting Executive Director, Martin Valdez, presented information for Council consideration. At Council's direction staff has worked on the attached agreement with TCHCC for the community vaccination program. Staff recommends approval of the attached agreement. Page 18 of 334 Resolution – APRA Funding Agreement with TCHCC - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AN AGREEMENT WITH THE TRI-CITIES HISPANIC CHAMBER OF COMMERCE FOR THE COVID-19 VACCINATION PROGRAM UTILIZING THE AMERICAN RESCUE PLAN ACT FUNDS. WHEREAS, on March 11, 2021, the American Rescue Plan Act (H.R. 1319), § 4001, (“ARPA”) was signed into law providing federal funding relief for American workers, families, industries, and state and local governments; and WHEREAS, on May 10, 2021, the United State Department of Treasury released interim final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and Tribal governments from the American Rescue Plan Act Fund; and WHEREAS, the City received $8,732,156 of its $17,400,000 in allocation on June 8, 2021; and WHEREAS, the City desires to allocate a portion of the ARPA Funds to the Tri-Cities Hispanic Chamber of Commerce to support vaccination efforts of City of Pasco residents for COVID-19, with such allocation of funds to be consistent with the grant requirements; and WHEREAS, the City has determined that focused efforts to vaccinate residents within the City of Pasco is integral part of public health and safety of our residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Be It Resolved that the City Manager of the City of Pasco is hereby authorized and directed to negotiate, make minor substantive changes to, and execute the American Rescue Plan Act Funding Agreement with the Tri-Cities Hispanic Chamber of Commerce for the COVID-19 Vaccination Program, a copy of which is attached hereto as Exhibit A; and to take all necessary steps required to complete this transaction. Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 19 of 334 Resolution – APRA Funding Agreement with TCHCC - 2 Adopted by the City Council of the City of Pasco, Washington this____ day of __________, 2022. Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 20 of 334 ARPA Agreement – Tri-Cities Hispanic Chamber of Commerce 1 AMERICAN RESCUE PLAN ACT AGREEMENT Between City of Pasco and Tri-Cities Hispanic Chamber of Commerce THIS AGREEMENT is made and entered into by and between City of Pasco, a municipality within the State of Washington, with its principal offices at 525 N. 3 rd Ave., Pasco, Washington 99301 (hereinafter “City”), and Tri-Cities Hispanic Chambers of Commerce, a non- profit organization with its principal address at 1600 N 20th Ave Suite D, Pasco Washington 99301 (hereinafter “Subrecipient”). WHEREAS, on March 11, 2021, the American Rescue Plan Act (H.R. 1319), § 4001, (“ARPA”) was signed into law providing federal funding relief for American workers, families, industries, and state and local governments; and WHEREAS, on May 10, 2021, the United State Department of Treasury released interim final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and Tribal governments from the American Rescue Plan Act Fund; and WHEREAS, the City received $8,732,156 of its $17,400,000 allocation on June 8, 2021; and WHEREAS, the City desires to allocate a portion of the ARPA Funds to support community vaccination clinics for City of Pasco residents for COVID-19, with such allocation of funds to be consistent with the grant requirements. 1. Effective Date and Term. This Agreement shall commence when executed by all parties and be retroactive from August 1, 2021 and remain in effect until December 31, 2024, unless terminated by the City in writing. This Agreement consists of this Agreement and the following attached Exhibit A, which is incorporated herein by this reference. 2. Subrecipient’s Use of ARPA Funds. The Subrecipient shall follow established guidelines to ensure that the ARPA Funds requests are necessary and eligible reimbursements and satisfy the grant eligibility criteria as follows: i. Expenses submitted for reimbursement must be for staff wages for vaccination clinics is held in the City of Pasco. 3. COVID-19 Reimbursement Request Support. To facilitate the City’s seeking reimbursement of ARPA funding, the Subrecipient will submit an A-19 equivalent report to the City, on a quarterly basis, detailing the grants disbursed by the Subrecipient. Such schedule may be modified with the prior approval of the City. Failure to provide any of the required documentation may result in termination of the agreement and no reimbursement of funds paid to the subrecipient by the City. Page 21 of 334 ARPA Agreement – Tri-Cities Hispanic Chamber of Commerce 2 4. ARPA Funds. The City agrees to reimburse the subrecipient a total sum not to exceed $50,000 within 28 days of submittal of a request for reimbursement and A-19 equivalent report. 5. Termination. The City may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Subrecipient. 6. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Subrecipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the City for any purpose. 7. Indemnification. The Subrecipient agrees to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers, directors, employees, and/or agents relating to the subrecipients’ performance or failure to perform under this agreement. The section shall survive the expiration or termination of this agreement. 8. Compliance with Laws, Guidelines. The Subrecipient shall comply with all federal, state, and local laws and all requirements (including certifications and audits) and Program Guidelines, to the extent applicable, when seeking reimbursement. 9. Maintenance and Audit of Records. The subrecipient shall maintain records, books, documents, and other materials relevant to its performance under this agreement. These records shall be subject to inspection, review and audit by the City or its designee, the Washington State Auditor’s Office and Program Guidelines for seven (7) years following termination of this agreement. If it is determined during the course of the audit that the subrecipient was reimbursed for unallowable costs, the subrecipient agrees to promptly reimburse the City for such payments upon request. 10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Tri-Cities Hispanic Chamber of Commerce Attn: Martin Valdez 1600 N 20th Ave, Ste. E Pasco, WA 99301 Page 22 of 334 ARPA Agreement – Tri-Cities Hispanic Chamber of Commerce 3 11. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this agreement. 12. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 13. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 14. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Franklin County, Washington or as provided by RCW 3.66 15. Non-Waiver. No failure on the part of the City to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by the City of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the City at law or in equity. 16. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 17. Assignment. The subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the City. 18. Entire Agreement. This agreement constitutes the entire agreement between the City and the subrecipient for the use of funds received under this agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 19. No Third-Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the US Department of Treasury in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this agreement. 20. Severability. In the event that one or more provisions of this agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the Page 23 of 334 ARPA Agreement – Tri-Cities Hispanic Chamber of Commerce 4 remainder of the agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 21. Counterparts. This agreement may be executed in one or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 22. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF, the parties have caused this Agreement to the signed by their duly constituted legal representatives and is effective on the last date signed. __________________________________ ___________________________________ Dave Zabell, City Manager Martin Valdez, Executive Director City of Pasco Tri-Cities Hispanic Chamber of Commerce Dated: _____________________________ Dated: _____________________________ ATTEST: __________________________________ Debra Barham, CMC City Clerk APPROVED AS TO FORM: __________________________________ Kerr Ferguson Law, PLLC City Attorney Page 24 of 334 Exhibit A Subrecipient Agreement with: Tri-Cities Hispanic Chamber of Commerce ARPA Community Vaccination Program through City of Pasco American Rescue Plan Act (ARPA) Grant U.S. Department of Treasury CFDA 21.027 Contract Number: ARPA-0004 Page 25 of 334 Exhibit A AGREEMENT FACE SHEET Agency City of Pasco 525 N 3rd Ave Pasco WA 99301 Contract Number ARPA -0004 Contract Amount $50,000 Modified Amount NA Agency Representative Richa Sigdel, Finance Director City of Pasco – Finance Dept. (509) 544-3065 sigdelr@pasco-wa.gov Start Date 8/1/2021 End Date 12/31/2024 Federal Funding Authority U.S. Department of Treasury Federal Funds CFDA Number 21.027 Service Area 525 N Third Avenue, Pasco, WA 99301 County Franklin County Page Number 1 Tax ID Number 91-6001264 Number of Pages 8 Contract Purpose The subrecipient agrees to carry out the purpose of the ARPA Grant received by the City of Pasco from the U.S Department of Treasury through providing COVID-19 vaccination clinics to Pasco residents. IN WITNESS WHEREOF, City of Pasco and Subrecipient acknowledge and accept the terms of this agreement and attachments hereto and have executed this agreement as of the date and year written below. The rights and obligations of both parties to this agreement are governed by: Agreement Cover Page This Face Sheet Agreement Amendment Attachment A: Audit Certification Form Attachment B: FFATA Reporting Checklist Attachment C: Performance Progress Report Attachment D: Grant Reimbursement Form (A -19) FOR THE Recipient Department: Martin Valdez, Executive Director Date Tri-Cities Hispanic Chamber of Commerce FOR THE CITY: Dave Zabell, City Manager Date Page 26 of 334 Exhibit A AMENDMENTS TO AMERICAN RESCUE PLAN ACT AGREEMENT ARPA VACCINATION ASSISTANCE PROGRAM WHEREAS, the City and Tri-Cities Hispanic Chamber of Commerce (TCHCC) seek to enter into a Personal Services Agreement to support vaccination efforts in the City of Pasco. WHEREAS, the City has identified necessary amendments to ensure compliance with Uniform Guidance and updated guidance from Department of Treasury. NOW, THEREFORE, this agreement is amended to allow changes as described below. 1. TCHCC Classification: Upon review of the nature of the relationship between the TCHCC and the City in relation to this agreement, it has been determined that the TCHCC is a subrecipient not contractor as indicated in the standard personal services agreement. This amends the classification of the TCHCC and will hereinafter, be referred to as the “subrecipient”. 2. Reporting: Performance Progress Reports must be submitted to the City 45 days after the end of the quarter. This requirement will be effective after the first full quarter; therefore the first Performance Progress Report may include a quarter and a half of activity. The first Performance Progress Report shall be submitted by May 15, 2022. Reports must be complete and accompanied by necessary documentation substantiate reported amounts. 3. Compensation and Invoicing: This agreement shall be managed on a reimbursement basis. Expenses must be incurred in order to be funded by the City. Invoice requests must include a list of Pasco community vaccination events with date, location, staff present, and breakdown of costs incurred for staff for events. 4. Monitoring: The subrecipient has been determined to be a low risk subrecipient, therefore the City has deemed the following monitoring measures as appropriate: a. Quarterly Performance Progress Reports b. One visit per calendar year 5. Compliance with Uniform Guidance: A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200.300 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200.400. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. Page 27 of 334 Exhibit A 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Access to Records and Retention The City and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. C. Audits and Inspection Records The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current uniform administrative requirements 2 CFR 200.501; the reference Catalog of Federal Domestic Assistance (CFDA) number is 21.027 for the audit. Annually, the subrecipient shall submit the Audit Certification form to the City, within nine months of the subrecipient’s fiscal year end. Additionally, the subrecipient shall submit the FFATA Reporting Checklist to the City. Any deficiencies noted in audit reports must be fully resolved by the Subrecipient within thirty (30) days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its Contractors. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. All Subrecipient records with respect to any matters covered by this Agreement will be made available to the City, and duly authorized officials of the state and federal government, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. The Subrecipient shall maintain beneficiary data demonstrating eligibility for services provided. Such data shall include, but not be limited to, name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City or their designees for review upon request. The Subrecipient understands that beneficiary information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City’s and/or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited unless written consent is obtained from such person receiving service. Page 28 of 334 Exhibit A Audit Certification Form Audits of States, Tribal and Local Governments, and Non-Profit Organizations For Most Recent Fiscal Year Ending Grantee: EIN: DUNS: Name of Authorized Chief Financial Officer: Address: Email: Phone: Purpose: City of Pasco is required to monitor the Single Audit requirements of its grant recipients. This requirement ensures that federal funds are used for their authorized purposes. It also confirms that non - federal entities receiving $750,000 or more in federal funds from all federal sources during the most recently completed fiscal year, have submitted a Single Audit in accordance with 2 CFR 200 Subpart F. Directions: Your agency’s Chief Financial Officer (CFO) must certify whether or not your agency/organization is subject to the Single Audit requirement by checking the appropriate box in Sections A and B and signing and dating the form. Failure to return a completed form will result in delay in processing your next grant award, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. SECTION A Check Appropriate Box: ☐ We did not exceed the $750,000 federal expenditure threshold for the FY referenced above. Single Audit or a Program Specific Audit is not required for this fiscal year. If checked, skip Section B. ☐ We have exceeded the $750,000 federal expenditure threshold for the fiscal year referenced above. If checked, complete Section B. SECTION B Entities that ARE subject to the Single Audit requirements Complete the information below and check the appropriate box: ☐ We completed our last Single Audit on for Fiscal Year ending . There were no findings related to federal awards. No follow-up action is required. Was a complete copy submitted to the Federal Audit Clearinghouse? ☐ Yes ☐ No ☐ We completed our last Single Audit on for Fiscal Year ending . There were findings related to federal awards. (If findings provide/email a copy of the audit with this form.) Were any findings related to CFDA 21.027? ☐ Yes ☐ No Was a complete copy submitted to the Federal Audit Clearinghouse? ☐ Yes ☐ No ☐ Our completed Single Audit will be available on for Fiscal Year ending . We will forward a copy of the audit report to the Federal Audit Clearinghouse at that time. If there are findings related to federal awards, we will also provide City of Pasco a copy at that time. I hereby certify that I am an individual authorized to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Signature of Authorized CFO: Date: Page 29 of 334 Exhibit A Print Name & Title: Page 30 of 334 Exhibit A Frequently Asked Questions Single Audit Certification 2 CFR 200 Subpart F Question: Why am I being asked to certify? Answer: Grantees that EXPEND $750,000 or more of federal funds in THEIR most recently completed fiscal year must conduct a single audit. This form is a way for City of Pasco to monitor its grantees audit status, as required by 2 CFR 200 Subpart F Question: Who needs to fill out this form? Answer: Your agency’s Chief Financial Officer (or designee). Question: Who must sign the Audit Certification Form? Answer: The Chief Financial Officer of the agency, or his or his designee. Question: Does City of Pasco need a copy of the audit? Answer: Yes, please submit a copy of the audit to City of Pasco if there are “findings” listed in it specific to CFDA 21.027 (Local Fiscal Recovery Funds). A complete copy of the audit MUST be submitted electronically to the Federal Audit Clearinghouse. Question: What is an audit finding? Answer: Audit findings are significant issues identified in the audit report, which are commonly items related to non-compliance with terms and conditions in an award. Findings typically include lack of timely reporting, internal controls not being in place to fulfill grant requirements, etc. Question: What if there is a finding related to CFDA 21.027? Answer: The City of Pasco will review the finding and request a Corrective Action Plan from the grantee, outlining how this issue will be resolved. Question: Does the audit requirement apply to our subgrantees who received federal pass- through funds? Answer: Yes. Subgrantees are subject to Single Audit requirements as well. Grant funds can be used to pay for the audit process. Question: Who do I contact if I have questions about this form? Answer: Contact your City of Pasco Lead Accountant: Griselda Garcia 509-543-5722, garciag@pasco-wa.gov. Page 31 of 334 Exhibit A FFATA REPORTING CHECKLIST ☒FOR PRIME CONTRACT/SUBCONTRACT $30,000 AND OVER ☐FOR GRANT AWARD/SUBAWARD $25,000 AND OVER To Be Filled Out By Subrecipient/Contractor Contract Number Subrecipient/Contractor: Address including Zip Code: Date: Signature: 1) I have been awarded a contract or agreement from ARPA Local Fiscal Recovery Funds of $30,000 and over, Yes No If you answered “NO” to question 1, STOP, you do not meet reporting threshold requirements, return form to Cit y. If you answered “YES” to question 1, COMPLETE THE FOLLOWING AND RETURN WITHIN 5 DAYS. Project Location Address including Zip Code: Congressional district Amount of award/contract Award title descriptive of the funding action REQUIRED: DUNS number REQUIRED (Contractors Only): Central Contractors Registration (SAM) number (SAM must be updated every year) 2) Compensation information for top five executives is not already available through reporting to the SEC. Yes No If you answered “YES” to question 2, COMPLETE THE FOLLOWING AND RETURN WITHIN 5 DAYS. Total compensation and names of top five executives. (Complete if you answer yes to questions 3, 4 and 5 above) 1. 2. 3. 4. 5. To Be Filled Out By City Staff Program source ARPA Local Fiscal Recovery CDFA 21.027 Grant No. How do you get a DUNS number? The unique identifier used in reporting to FFATA is the entity’s Dun & Bradstreet (D&B) Data Universal Numbering System (DUNS) Number. It is necessary for registering in SAM. For subawardees, OMB has issued interim final guidance requiring recipients to obtain a valid DUNS number. DUNS number may be requested via the web for no charge at: • http://fedgov.dnb.com/webform or by calling 1-866-705-5711 Page 32 of 334 Exhibit A Page 33 of 334 Exhibit A Page 34 of 334 AGENDA REPORT FOR: City Council December 30, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 01.03.22 Bad Debt Write-off/Collection for November 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $12,237,955.31 ($7,969,973.85 in Check Nos. 245450-245943; $1,949,802.79 in Electronic Transfer Nos. 833909- 833942, 833945-833985, 833991, 833993-834230; $19,323.84 in Check Nos. 53799-53810; $2,298,854.83 in Electronic Transfer Nos. 30168909 -30169960). 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 $1,456,347.65 and, of that amount, authorize $1,320,790.67 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 35 of 334 REPORTING PERIOD: January 3, 2022 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 245450-245943 53799-53810 Total Check Amount $7,969,973.85 $19,323.84 Total Checks 7,989,297.69$ Electronic Transfer Numbers 833909-833942 30168909-30169960 833945-833985 833991 833993-834230 Total EFT Amount $1,949,802.79 $2,298,854.83 $0.00 Total EFTs 4,248,657.62$ Grand Total 12,237,955.31$ Councilmember 1,101,624.85 48,871.09 67.65 4,090.68 50,930.11 12,182.16 25,389.01 0.00 1,349.87 2,977.10 0.00 233.01 49,233.55 5,068.62 16,666.67 22,595.38 171.89 HOTEL/MOTEL EXCISE TAX 17,361.96 0.00 4,631,098.30 1,918,627.50 63,723.33 13,083.16 1,120.39 527,856.18 6,143.50 3,717,489.35 GRAND TOTAL ALL FUNDS:12,237,955.31$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET 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 3rd day of January, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment: December 2 - December 29, 2021 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 36 of 334 BAD DEBT WRITE-OFF/COLLECTION November 1 – November 30, 2021 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 0.00 0.00 0.00 Ambulance $ 135,556.98 0.00 135,556.98 Court A/R $ .00 1,320,790.67 1,320,790.67 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 135,556.98 1,320,790.67 1,456,347.65 Page 37 of 334 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - October & November 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 General Fund financial update through November 2021, the City's major fund. The administration provides quarterly reports to Council for other non-major funds. V. DISCUSSION: Staff is anticipating increases in revenue and expense s in the General Fund. Some impacts of COVID-19 pandemic-related grants and collective bargaining unit negotiations have been approved by Council. Staff is monitoring the impacts of COVID-19 on operational costs and new funding opportunities that can help mitigate such efforts, as well as impact to General Fund revenue from continued growth in the building industry and inventory issues in the auto industry. 2021-2022 revenue and expense budgets were prepared conservatively due to uncertainty over economic conditions. During the original budget preparation, the nation was preparing for national elections, the status of vaccination approvals, and the immunization schedules were unknown. As discussed during Page 38 of 334 that time, utilizing this year's mid-biennium adjustment process to revise the budget with a better economic outlook was more favorable for the City. Staff received sales tax data as of October 2021 and the trends indicate the City has not slowed down during the pandemic. There are sectors that have suffered, but overall the economic activity has sustained itself, with construction and vehicle sales sectors continuing to lead the pack. 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 December 31, 2026, or subsequently returned to the U.S. Federal Treasury. For more details please visit MRSC American Rescue Plan. Attached to the financial report is a list of contracts over $100,000 and under $300,000 executed administratively during the months of October and November. Donations to the City, which were received during this reporting period, are also included in the report. Page 39 of 334 Fund NameFund DescriptionReport MonthNovember, 2021Elapsed Time45%2017-2018 Actual2019-2020 Actual2021-2022 Adjusted Budget2021-2022 Actual2021-2022 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 16,316,052 21,767,256 23,554,637 10,968,576 23,554,637 0 47%Sales 30,519,671 35,200,331 38,315,746 15,989,545 38,315,746 0 42% Timing of disbursement from State. Monitoring availability of inventory for construction and vehicles.Utility 18,995,895 22,036,029 23,947,157 9,873,559 23,947,157 0 41%Other 2,551,885 1,745,982 2,342,780 1,117,303 2,342,780 0 48% Gaming taxes. COVID-19 pandemic will impact revenue in 2021.Licenses & Permits 4,817,955 5,353,309 5,806,781 3,365,798 5,806,781 0 58% No variance anticipated at this time.Intergovernmental 4,424,573 7,128,607 16,498,204 5,220,021 7,766,048 -8,732,156 67% No variance anticipated at this time.ARPA8,732,156 8,732,156 8,732,156 100%Charges Goods & Services 14,318,019 14,759,968 17,898,565 7,984,087 17,898,565 0 45%Fines & Forfeits 1,731,795 1,980,386 2,066,354 897,577 2,066,354 0 43%Miscellaneous 2,388,542 2,153,354 4,591,272 775,490 4,591,272 0 17% No variance expected, anticipating land sale in 2022.Debt & Transfer In 870,298 23,837,412 1,856,290 1,278,996 1,856,290 0 69% No variance expected, Revenue is not linear in nature.Total Revenues96,934,685135,962,634136,877,78666,203,107136,877,786048%ExpendituresCity Council 236,451 237,480 301,834 96,633 301,834 0 32%Municipal Court 2,962,894 3,247,659 3,912,206 1,550,430 3,912,206 0 40%City Manager 3,344,685 2,807,029 3,865,335 926,237 3,865,335 0 24% Non labor budget that is not linear in nature.Human Resources 0 0 1,887,103 602,579 1,887,103 0 32%Police 33,063,355 34,581,074 38,482,374 15,481,914 38,482,374 0 40%Fire 15,535,448 16,245,559 18,123,537 8,679,950 18,123,537 0 48% Expenses related to vaccination site, Administrative & Community Services 14,873,303 15,402,365 20,452,673 7,664,839 20,452,673 0 37%Community & Economic Development 3,664,455 4,719,199 7,472,175 3,600,878 7,472,175 0 48%Finance 4,466,769 5,186,975 5,784,673 2,353,132 5,784,673 0 41%Engineering 3,282,535 3,485,296 3,457,491 1,160,069 3,457,491 0 34%Library 2,821,444 2,871,017 3,281,856 1,570,174 3,281,856 0 48%Non-Departmental 4,820,646 5,150,982 6,493,847 4,582,837 6,493,847 0 71% CBC West COVID-19 Testing Site activity, expenses reimbursed by BF Health District. ARPA funds.Debt & Transfer Out 5,507,074 22,395,176 36,546,928 8,905,633 36,546,928 0 24% No variance expected if capital projects are on schedule.Total Expenditures94,579,059116,329,811150,062,03257,175,305150,062,032038%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.None.Page 40 of 334 Recipient Contract TypeDescriptionContract AmountAmendmentContract Total CategoryUrban Flats Phase 3Madison Park Phase 7Road 84 & Massey DriveRebab Shelter Addition723 East B StreetJoel's AdditionPasco KOABlack Belle EstatesSpeck GMCTOTALS PRICE PER UNIT EXTENSION TOTALS - SEWER- MAINS IN FEET 951 1,809 740 665 1,652 2,114 7931 46$ 365,143$ - MANHOLES 3 10 4 8 8 33 2,113$ 69,713$ - NUMBER OF SERVICES 44 43 8 18 55 26 194 1,813$ 351,802$ - City of Pasco DonationsWATERDonated ByDonation TypeDescriptionValueMAINS IN FEET 1,144 2,277 842 37,369 1,276 649 43557 28$ 1,213,934$ FIRE HYDRANTS 2 5 2 4 5 2 20 2,735$ 54,702$ SERVICES 44 41 1 18 95 33 2 234 1,244$ 291,180$ NUMBER OF VALVES 10 14 5 20 16 6 71 907$ 64,425$ STREETSASPHALT IN FEET 77,400 18,560 2,925 27,500 63,800 85,424 275609 25$ 6,890,225$ TRAFFIC SIGNALS0 125,000$ -$ STREET CURBS IN FEET/ST/SW 2,593 4,080 1,160 165 1,560 560 10118 13$ 131,534$ STREET LIGHTS 5 7 3 3 18 1,545$ 27,810$ STOP SIGNS1 3 4 8 30$ 240$ MONUMENTS8 4 12 442$ 5,300$ STORM DRAINLINES IN FEET227 14 1,022 122 1385 31$ 43,531$ CATCH BASINS 8 16 4 2 2 11 11 4 58 793$ 46,006$ MANHOLES16 4 3 23 $ 2,900 $ 66,700 EXFILTRATION STORM DRAIN 175 749 304 120 1348 60$ 80,880$ DRYWELL2 2 3,000$ 6,000$ IRRIGATIONLINES IN FEET 2,107 2,246 1,160 467 245 6225 20$ 124,500$ NUMBER OF VALVES 5 9 3 1 18 1,400$ 25,200$ NUMBER OF SERVICES 36 47 16 18 117 21$ 2,410$ TOTALS9,861,234$ City of Pasco Monthly Tracking Report of Contracts/Purchases Over 100k and Under 300kCity of Pasco Infrastructure Donations (Year to Date Donations)Page 41 of 334 Name Assigned to Agency AmountBusiness Assistance Richa SigdelChamber of Commerce$3,000,000Utility Assistance Richa SigdelFranklin PUD/City of Pasco$1,050,000Utility Assistance Richa Sigdel BDI $110,000Community Resource Specialist Angela Pashon City of Pasco $450,000Mobile Outreach Professional Ken RoskeLourdes/City of Pasco$250,000Martin Luther King Construction Zach Ratkai City of Pasco $4,000,000Behavioural Health Care CM OfficeTwo Rivers Behaviroural Health $1,000,000Life Safety Troy Hendren & Rick White City of Pasco $750,000Community Health Program Bob Gear City of Pasco $5,556,565Boys & Girls Club Building Zach Ratkai Boys & Girls Club $1,540,000Project: Zone 3 Transmission Project Steve Worley City of Pasco $3,000,000Project: West Pasco Water Treatment Plant Expansion - Phase 1Steve Worley City of Pasco $6,000,000Community Vaccination Clinics Angela PashonTri-Cities Hispanic Chamber of $50,000Page 42 of 334 AGENDA REPORT FOR: City Council December 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Q Public Hearing - Street Vacation: Portion of East Pueblo Street (VAC 2021-003) I. REFERENCE(S): Overview Map Vacation Petition Email - potentially landlocked property II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to deny the vacation request for a portion of East Pueblo Street. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Two adjacent property owners with control over three parcels have submitted a petition to vacate the undeveloped portion of East Pueblo Street located between the centerline of vacated North Colorado Avenue and the west right-of-way line of North Utah Avenue. A similar petition (VAC 2019-006) was reviewed by Council between August 2019 and November 2020, wherein applicant and staff were seeking to vacate East Pueblo Street from the east right-of-way line of North California Avenue to the west right-of-way line of North Utah Avenue. However, one property owner (Parcel No. 113-502-031) had expressed opposition and did not file a tax parcel consolidation. A reason was not provided. As a result, the vacation was reduced to that section of East Pueblo Street from North California Avenue to the vacated Page 43 of 334 North Colorado Avenue. That same property owner has again refused to participate in the current street vacation proposal. Council approved Resolution No. 4116 setting January 3, 2022 as the time to consider vacating a portion of East Pueblo Street. V. DISCUSSION: Per Pasco Municipal Code (PMC) Chapter 12.40.120, the Council may require compensation for vacated rights-of-way. However, this proposal involves East Pueblo Street, which has been determined in the Oregon Avenue Circulation Plan to be unnecessary. The Circulation Plan identifies streets that must be retained for proper circulation and streets that may be vacated. Thus, because it has been previously determined that East Pueblo Street may be vacated, no compensation is necessary. Per PMC Section 12.40.020, vacation approval of an extent of right-of-way may only be granted if consent is received from the owners of more than two -thirds of the property abutting the part of the street to be vacated. In this case the application has been signed by two owners where the ownership comprises three of six abutting lots. Per PMC Section 12.40.070(3) no abutting property may become landlocked, or have access substantially impaired due to the proposed vacation. As mentioned above - one owner will not participate in the vacation process and will become landlocked if approved. As the proposed vacation would result in a landlocked parcel, consistent with the above referenced PMC requirement, staff recommends denial of the East Pueblo Street vacation request. Page 44 of 334 80320 N UTAH Ave E SALT L A K E S t E SUPER I O R St PUEBLO S T 0 100 200 300 40050 Feet Exhibit "A" Item: Street Vacation - Section of E Pueblo St Applicant: Rigoberto Hernandez and Elfega Guzman File #: VAC 2021-003 Page 45 of 334 E HIGHLAND StN CALIFORN IA Ave E SALT L A K E St N WEHE AveN BEECH AveN OWEN AveE SUPERIOR St N UTAH Ave CEM E N T E R Y L n N ELM AveE SHEPPARD St N DOUGLAS CtE PARKVIEW Blvd E SPOKA N E St E HIGHL A N D S t E SUPER I O R St N DOUGLAS AveN BEECH AveN IDAHO AveE JAMES St N OREGON Ave Benton County WA, Pasco GIS, Maxar, Microsoft 0 350 700 1,100 1,400180 Feet 0 350 700 1,100 1,400180 Feet Overview Map Item: Street Vacation - Section of E Pueblo St Applicant: Rigoberto Hernandez and Elfega Guzman File #: VAC 2021-003 Page 46 of 334 iiiiiiif -i--1 City of Community & Economic Development Department • 11 rasco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 � P: 509.545.3441 / F: 509.545.3499 Master File # ------ CITY OF PASCO STREET/ALLEY VACATION PETITION Date Submitted: Fee:$300 ------ 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: E.Pueblo Street (Unimproved ROW) between Oregon and Utah streets Name: Rigoberto Hernandez and Elfega Guzman Address: 954 Allenwhite Dr., Richland, WA 99352 Applicant/ Phone: Owner 1 Owner 2 Email: Name: Franklin Conservation District Address: 1724 E. Superior St., Pasco, WA 99301 Phone: (509)416-0440 Email: mark-nielson@conservewa.net (Please see reverse side) Updated April 2019 Page 47 of 334 Owner3 Name: Arturo Nunez Address: 606 W. Columbia St., Pasco, WA 99301 Phone: (509)544-8771 Email: Signature: D Survey D Title Report (if not waived) 0 Fee of $300 Page 48 of 334 Page 49 of 334 STRATTON SURVEYING MAPPING, PC 313 NORTH MORAIN STREET KENNEWICK, WA 99336 DATE: 09/29/2021 DRAWING: 4906SK1 .DWG RIGHT-OF-WAY VACATION PHONE: (509) 735-7364 FAX: ( 509) 735-6560 E-MAIL: stratton@strattonsurvey.com AFFECTING PARCELS 113473046, 113473073, 113502040 AND 113502031 DESCRIPTION: EAST PUEBLO STREET FROM THE CENTERLINE OF VACATED NORTH COLORADO AVENUE NORTHEASTERLY 310 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH UTAH AVENUE BEING 40.00 FEET FROM THE CENTERLINE OF SAID NORTH UTAH AVENUE. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. SEE ATTACHED SKETCH TO ACCOMPANY DESCRIPTION Page 50 of 334 E.1 /2 OF THE S.E. 1 /4 OF SEC. 20, T9N, R30E, W.M. SKETCH FOR ROYAL ROOF/NC CITY OF PASCO, WASHINGTON EXHIBIT SKETCH TO ACCOMPANY LEGAL DESCRIPTION o s'\ -'( s012t.i,0'-' t.�s\ �r,_1J� t.�� STRATTON SURVEYINC , & MAPPINC, PC KE'.NNEWICK, WA 99336 (509) 735-7:364 FAX: (509) 735-6560 strottonOstrotlonsurwe1::com ---------SCALE ( 4906SK1.DWG DA TE: 09/29/2021 DRAWN BY: AAO � �� 1" = 200' © 2020 SHT. 1 OF 1 JOB # 4906 Page 51 of 334 1 Jeff Adams From:Stephen Dean <stephendean1950@gmail.com> Sent:Wednesday, December 22, 2021 10:29 AM To:Jeff Adams Cc:artsprmotion@hotmail.com; Stephen Dean Subject:VAC 2021-003 E. Pueblo St [NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Sent from Mail for Windows City Planning/ Engineering With Art’s property being land‐locked by this proposed vacation, we ask the City of Pasco to deny said application. Art would consider working with the property owners to the North and East of his parcel to develop an Easement (suitable to City of Pasco) for the SOLE purpose of providing EXCLUSIVE use by Art’s parcel for ingress‐egress, necessary utilities to allow development for buildings, parking and land use. Hopefully this action can help move along the adjacent properties and Art’s parcel development for all concerned. Respectfully, S. Dean Winthrop Construction, Inc. For Arturo Nunez You don't often get email from stephendean1950@gmail.com. Learn why this is important Page 52 of 334 AGENDA REPORT FOR: City Council December 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing and Ordinance - Port of Pasco - Reimann Industrial Center Annexation (ANX 2021-006) I. REFERENCE(S): Overview Map Proposed Annexation Ordinance Notice of Intent to Commence Annexation Assessor's Certificate of Sufficiency II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING: MOTION: I move to adopt Ordinance No. ______, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. III. FISCAL IMPACT: The addition of $5,212,800 to the assessed value of the City, e xpansion of the Reimann Industrial Center, and the commensurate responsibility of providing government services to development. IV. HISTORY AND FACTS BRIEF: On December 6, 2021, the City Council passed Resolution No. 4130 accepting a "Notice and Intent" to commence annexation proceedings for the Reimann Industrial Center annexation area. Following the passage of the Resolution, a final petition was submitted to the City. The petition has been reviewed by the Franklin County Assessor's Office and was determined to be sufficient to constitute a legally acceptable petition under the petition method of annexation. Page 53 of 334 In this case, the petition contains the signatures of owners representing 100 percent of the assessed value within the proposed annexation are a, as described and depicted in the proposed ordinance. The next step in the annexation process requires the City Council to conduct a public hearing on the proposed annexation and decide whether to annex the affected property. V. DISCUSSION: The proposed annexation will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will be applicable to the area. 2. The annexation area will assume proportionate and existing bo nded indebtedness. 3. The annexation area will be assigned to City Council District No. 3. The Hearing Examiner conducted a zoning determination hearing for the proposed annexation area on November 10, 2021 and recommended the area be zoned I-2, (Medium Industrial). That recommendation will come to Council as a quasi-judicial item (on this agenda) following a decision on this proposed annexation. The proposed annexation area has been identified as the site for expansion of the Reimann Industrial Center (Darigold Processing plant) located in Pasco between US-395 and the BNSF Railroad mainline. As the annexation and zoning determination process will result in additional industrial development and job creation within the existing Pasco Urban Growth Area, staff recommends Council's approval of the annexation. Page 54 of 334 124680043 124680040 113110017 4TH R A I LROA DFOSTER WELLS CAPITOLI N D U S T R I A LGLADE N O RTH CLARK US 395US 395CITY LIMITSCITY LIMITS Urban Growth BoundaryBenton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Overview Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 55 of 334 Ordinance – (ANX 2021-006) - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ____ AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO. WHEREAS, the City Council of the City of Pasco received a petition application completed by owners of no less than ten (10) percent of certain property on September 23, 2021, meeting the requirements of RCW 35A.14.120; and WHEREAS, a public meeting on the proposed annexation application was held on December 6, 2021, wherein City Council passed Resolution No. 4130, accepting the intent to annex, determining the property to be annexed as set forth in Section 1 below (Property), requiring the assumption of all proportionate and existing bonded indebtedness, and not requiring a simultaneous zoning designation; and WHEREAS, the City received a petition signed by not less than sixty (60) percent owners of the Property; and WHEREAS, the petition meets the requirements of RCW 35A.01.040 and was determined to be sufficient by the Franklin County Assessor on December 20, 2021; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and WHEREAS, a public hearing on the proposed annexation was held on January 3, 2022; and WHEREAS, the proposal is consistent with the Franklin County Comprehensive Plan and annexation of the property is found to be in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Page 56 of 334 Ordinance – (ANX 2021-006) - 2 Section 1. That the following described area, situated in Franklin County, Washington to- wit: Consisting of parcels 113110017, and 124680040, along with approximately the south half of parcel 124680039, described as follows: That portion of the Northeast quarter of Section 6, Township 9 North, Range 30 East, W.M. and South half of Section 31, Township 10 North, Range 30 East, W.M., described as follows: Beginning at the Northwest corner of the Northeast quarter of said Section 6; Thence Southerly along the Westerly line of said Northeast quarter to the Southwest corner of said Northeast quarter; Thence Easterly along the Southerly line of said Northeast quarter to the Easterly right of way line of Interstate 395; Thence Northerly along said Easterly right of way line to the Northerly line of said Section 6; Thence Westerly along said Northerly line to the Southeast corner of Lot 3 of Short Plat 2002-07, recorded in Volume 1 of Short Plats, Page 561, records of Franklin County, Washington; Thence Northwesterly along the Northeasterly line of said Lot 3 to the most Northerly corner of said Lot 3, said corner also being on the Westerly line of Lot 4 of said Short Plat; Thence Northwesterly along said Westerly line to the most Westerly corner of said Lot 4, said corner being on the East line of Lot 2 of said Short Plat; Thence Northerly along said East line to the North line of the Southwest quarter of said Section 31; Thence Westerly along said North line to the Easterly line of Lot 1 of said Short Plat; Thence Southwesterly along the Southeasterly line of said Lot 1 to the Easterly right of way line of N. Railroad Avenue; Thence Southeasterly along said Easterly right of way line to the North line of said Section 6; Thence Easterly along said North line to the Point of Beginning; Situated in Franklin County, State of Washington. Together with and subject to Easements, Reservations, Covenants, and Rest rictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit A, is hereby annexed to the City of Pasco, Washington and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above-described tract of land. Section 3. That said tract of land shall assume all proportionate and existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District No. 3. Page 57 of 334 Ordinance – (ANX 2021-006) - 3 Section 5. That a certified copy of this Ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. If any portion of this Ordinance is declared invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion(s) of the Ordinance. Section 7. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this 3rd day of January 2022. Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: __________________________ Page 58 of 334 124680043 124680040 113110017 US 395 NUS 395 SNRAILROADAVEGLADE NORTH RDCITY LIMITSUrban Growth BoundaryUrban Growth Boundary0 850 1,700 2,600 3,400430 Feet "Exhibit A" Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 59 of 334 PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 9930 I The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "A," attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a)That appropriate action be taken to entertain this petition, fixing a date for apublic hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b)That following such hearing the City Council determine by Ordinance thatsuch annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall be required to assume any existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice of Intention to Commence Annexation as indicated in Resolution No. 4124 as recorded in the November 15, 2021 Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram which outlines the boundaries of the property sought to be annexed. WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1 Page 60 of 334 PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A"and "B", with (2) assumption of indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. OWNER'S SIGNATURE 2. � ff , 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PRINT NAME/ADDRESS 2 DATE SIGNED l&/17/ZI td--{ 17 /JI Page 61 of 334 PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A" and "B", with (2) assumption of indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. OWNER'S SIGNATURE 3. 4. s. 6. 7. 8. 9. 10. 11. 12. PRINT NAME/ADDRESS 2 DATE SIGNED 121�1 Z..1 Page 62 of 334 EXHIBIT "A" Legal Description ANX 2021-006 -Reimann Industrial Center That portion of the Northeast quarter of Section 6, Township 9 North, Range 30 East, W.M. and South half of Section 31, Township 10 North, Range 30 East, W.M., described as follows: Beginning at the Northwest corner of the Northeast quarter of said Section 6; Thence Southerly along the Westerly line of said Northeast quarter to the Southwest corner of said Northeast quarter; Thence Easterly along the Southerly line of said Northeast quarter to the Easterly right of way line of Interstate 395; Thence Northerly along said Easterly right of way line to the Northerly line of said Section 6; Thence Westerly along said Northerly line to the Southeast corner of Lot 3 of Short Plat 2002-07 recorded in Volume 1 of Short Plats, Page 561, records of Franklin County, Washington; Thence Northwesterly along the Northeasterly line of said Lot 3 to the most Northerly corner of said Lot 3, said corner also being on the Westerly line of Lot 4 of said Short Plat; Thence Northwesterly along said Westerly line to the most Westerly corner of said Lot 4, said corner being on the East line of Lot 2 of said Short Plat; Thence Northerly along said East line to the North line of the Southwest quarter of said Section 31; Thence Westerly along said North line to the Easterly line of Lot 1 of said Short Plat; Thence Southwesterly along the Southeasterly line of said Lot 1 to the Easterly right of way line of N. Railroad Avenue; Thence Southeasterly along said Easterly right of way line to the North line of said Section 6; Thence Easterly along said North line to the Point of Beginning; Situated in Franklin County, State of Washington. Page 63 of 334 "Exhibit B" Item: Reimann Industrial Center Annexatio+Applicant: Port of Pasco w E File#: ANX 2021-006/ZD 2021-006 s Page 64 of 334 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of the Port of Pasco, and I am further authorized to sign other documents including Notices of Intent and Petitions. & �) J) (_ State of Washington County of �·u..(\\g_�·, ,, ) ): ss. ) ) Z/f 7/ Z f Date I certify that I know or have satisfactory evidence that ....;.Q..o.___;:;_n_;:......,,_ _ ____,_-4---'=:;__� person who appeared before me, and said person acknowledged tha instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the E..,,_�"".._ O,-r� of """\1\.o ;::,..,. -\: oC· -?0..1:>co to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this __!2_ day of �CJtr-n b� , .;>Oo>I Washington Residing at: K-i c._ h lo.....--1 d , l>.Jot,h-n0 I ?x 1 My Commission Expires: �O&'-l -0�-19 Page 65 of 334 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of Balcom & Moe Farms LLC, and I am further authorized to sign other documents including Notices oflntent and Petitions. State of Washington County of F,-M\).•L-i\ ) ): ss. ) I certify that I know or have satisfactory evidence that-:::f� b,...\�IY) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the rj-,: :,·,kn\.-of oo.\ (.bl f'\ <>I,, �� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Washington , Residing at: �cl\{£111�1 l.D�¼,o My Commission Expires: ot)�W.-C)d. 'q Page 66 of 334 Affidavit of Signature for Annexation Notice oflntent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds andencumbrances on behalf of Cox Family Land LLC, and I am further authorized to sign otherdocuments including Notices of Intent and Petitions. �t:Z41rSignature State of Washington ) ): ss. County of $�� ) /0.--/?-a...../ 7 f..,,,C j Date I certify that I know or have satisfactory evidence that S�cn, '.(.bgrt\\ is theperson who appeared before me, and said person acknowledged that (he/she) signed thisinstrument, on oath stated that (he/she) was authorized to execute the instrument andacknowledged it as the ('l'):2 ,q � ,e <' of <2.qx: Y4,.w. 'i L tt;b/ LL � be the free and voluntary act of �h party for the uses and purposes menti ed in the instrumen Given under my hand and official seal this \13,\\ day of s:, eL., < £) <� NOTARY PUBLIC in and for the State ofWashington Residing at: 2.\W=> ��\\-�mill\ � -�\,��i,My Commission Expires: \f\-t>'-' -Jt)1,, Page 67 of 334 FRANKLIN COUNTY ASSESSOR JOHN A. ROSENAU – ASSESSOR PIPER MITCHELL – CHIEF DEPUTY NIKKI MORGAN – CHIEF APPRAISER Franklin County Assessor 1016 N 4th Pasco, WA 99301 Phone: 509-545-3506 Fax: 509-546-5840 Email: jrosenau@co.franklin.wa.us December 20, 2021 VALIDATION OF ANNEXATION PETITION I, John A Rosenau, Franklin County Assessor, do hereby certify that the petition for annexation provided by the City of Pasco for the unincorporated lands ANX 2021-006/ZD 2021-006 known as the Reimann Industrial Center Annexation located and described in Exhibit “A & B County parcels 124680043, 124680040 & 113110017” is sufficient along with the Affidavits of Signatures for Annexation Notice of Intent and Petitions as far as the percentage of valuation required for the annexation. The specific validation is as follows: VALUE SIGNATURES PERCENTAGE $7,243,820.00 $7,243,820.00 100% ATTEST: John A Rosenau FRANKLIN COUNTY ASSESSOR Page 68 of 334 AGENDA REPORT FOR: City Council December 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Q Ordinance - Port of Pasco - Reimann Industrial Center Zoning Determination (ZD 2021-006) I. REFERENCE(S): Overview Map Proposed Zoning Ordinance Hearing Examiner Report Hearing Examiner Recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, assigning I-2 zoning to the Reimann Industrial Center annexation area as recommended by the Hearing Examiner, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On December 6, 2021, the City Council passed Resolution No. 4130 accepting a "Notice and Intent" to commence annexation proceedings for the Reimann Industrial Center annexation area. Following the passage of the Resolution, a final petition was submitted to the City. On November 10, 2021, the Hearing Examiner held a hearing to consider I -2 (Medium Industrial) zoning for the Reimann Industrial Center Annexation Area, in conjunction with the proposed annexation. Following the conduct of a hearing the Hearing Examiner recommended the City Council approve I-2 zoning for the annexation area petition. Page 69 of 334 V. DISCUSSION: The Hearing Examiner conducted a zoning determination hearing for the proposed annexation area on November 10, 2021, and recommended the area be zoned I-2, (Medium Industrial). The proposed annexation area has been identified as the site for expansion of the Reimann Industrial Center located in Pasco between US-395 and the BNSF Railroad mainline. The proposed zoning is in alignment with the City's Comprehensive Plan Land Use designation for the area. As the annexation and zoning determination process will result in additional industrial development and job creation within the existing Pasco Urban Growth Area, staff recommends Council's approval of the annexation. Page 70 of 334 124680043 124680040 113110017 4TH R A I LROA DFOSTER WELLS CAPITOLI N D U S T R I A LGLADE N O RTH CLARK US 395US 395CITY LIMITSCITY LIMITS Urban Growth BoundaryBenton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Overview Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 71 of 334 Ordinance – Reimann Industrial Center Zoning Determination (ZD 2021-006) - 1 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, ASSIGNING I-2 ZONING TO THE REIMANN INDUSTRIAL CENTER ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on November 10, 2021, pursuant to PMC 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS, the Hearing Examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC 25.210.060, that the proposal: (a) is consistent with the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c) has merit and value for the community as a whole; (d) does not require conditions or mitigation measures; and (e) does not require a concomitant agreement; and Council hereby adopts the Hearing Examiner’s findings, conclusions and recommendation as indicated in Exhibit A; and WHEREAS, on January 3, 2022, Ordinance No. ____ effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Consisting of parcels 113110017, and 124680040, along with approximately the south half of parcel 124680039, described as follows: That portion of the Northeast quarter of Section 6, Township 9 North, Range 30 East, W.M. and South half of Section 31, Township 10 North, Range 30 East, W.M., described as follows: Beginning at the Northwest corner of the Northeast quarter of said Section 6; Thence Southerly along the Westerly line of said Northeast quarter to the Southwest corner of said Northeast quarter; Thence Easterly along the Southerly line of said Northeast quarter to the Easterly right of way line of Interstate 395; Thence Northerly along said Easterly right of way line to the Northerly line of said Section 6; Thence Westerly along said Northerly line to the Southeast corner of Lot 3 of Short Plat 2002-07, recorded in Volume 1 of Short Plats, Page 561, records of Franklin County, Washington; Thence Northwesterly along the Northeasterly line of said Lot 3 to the most Northerly corner of said Lot 3, said corner also being on the Westerly line of Lot 4 of said Short Plat; Thence Northwesterly along said Page 72 of 334 Ordinance – Reimann Industrial Center Zoning Determination (ZD 2021-006) - 2 Westerly line to the most Westerly corner of said Lot 4, said corner being on the East line of Lot 2 of said Short Plat; Thence Northerly along said East line to the North line of the Southwest quarter of said Section 31; Thence Westerly along said North line to the Easterly line of Lot 1 of said Short Plat; Thence Southwesterly along the Southeasterly line of said Lot 1 to the Easterly right of way line of N. Railroad Avenue; Thence Southeasterly along said Easterly right of way line to the North line of said Section 6; Thence Easterly along said North line to the Point of Beginning; Situated in Franklin County, State of Washington. Together with and subject to Easements, Reservations, Covenants, and Rest rictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit B be and the same is hereby assigned I-2 Medium Industrial zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of Janaury 2022. Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ________________________ Page 73 of 334 124680043 124680040 113110017 US 395 NUS 395 SNRAILROADAVEGLADE NORTH RDCITY LIMITSUrban Growth BoundaryUrban Growth Boundary0 850 1,700 2,600 3,400430 Feet "Exhibit A" Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 74 of 334 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY 10 November 2021 6:00 PM 1 MASTER FILE #: ZD 2021‐006 APPLICANT: Randy Hayden c/o Port of Pasco PO Box 769 Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Reimann Industrial Center Annexation located between highway 395 and the BNSF Main Line, approximately one‐half mile north of Foster Wells Road. BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lot 1: Approximately the south half of parcel 124680039: THAT PORTION OF LOT 2, SHORT PLAT NO. 2002‐07, ACCORDING TO THE SURVEY THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE SOUTHWEST QUARTER OF SAID SECTION 31. CONTAINING 137.62 ACRES Lot 2: PARCEL 113110017: LOTS 1,2 & S2NE4 6‐9‐30 LESS R/W & LO LESS PERP EASE FOR GAS LINE (26 6600 LESS PTN NE4 PSH 11 (231006) & EXC N 30' OF LOT 4 LY ELY PSH 11. CONTAINING 153.47 ACRES Lot 3: PARCEL 124680040: SHORT PLAT 2002‐07 LOT 3, CONTAINING 122.43 ACRES) General Location: Between highway 395 and the BNSF Main Line, approximately one‐half mile north of Foster Wells Road in Pasco WA. Property Size: 303.52 Acres 2. ACCESS: The site is accessed from Railroad Avenue to the west 3. UTILITIES: Both water and sewer services are located approximately 1 mile to the south in Burlington Road. . 4. LAND USE AND ZONING: Two of the parcels are zoned I‐2 (Medium Industrial/County) and are being farmed with irrigation pivots. Surrounding properties are zoned and developed as follows: NORTH: I‐2 (County) Farming Page 75 of 334 2 EAST: AP‐20 (County) Farming SOUTH: I‐2 (County) Gravel Pit; Vacant WEST: AP‐20 (County) HWY 395; Agriculture 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Industrial. ANALYSIS The City Council is scheduled to review a resolution accepting a notice of intent to annex 303.52 acres generally located Between highway 395 and the BNSF Main Line, approximately one‐half mile north of Foster Wells Road. Following acceptance of the Notice of Intent and prior to Council action on an annexation petition, the Hearing Examiner is to hold a zoning determination hearing. The purpose of said hearing is for the Hearing Examiner to recommend appropriate zoning districts for the proposed annexation area in the event it may become part of the City. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to assist with the expansion of industrial businesses within the area. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan industrial zoning should be applied to the proposed annexation area. The use of the I‐2 Medium Industrial zone for the area will allow for future expansion of industrial enterprises. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: (1) The date the existing zone became effective; The current zoning was initiated by the County (No known date). (2) The changed conditions which are alleged to warrant other or additional zoning; • The property is located within the Pasco Urban Growth Boundary. • The property in question is being annexed to the City of Pasco. • Upon annexation the property will need to be zoned. • Considerable utility planning and construction has taken place to support existing and future industrial development within the proposed annexation area. (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; Page 76 of 334 3 The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. (4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Applicant has requested I‐2 zoning for the area; applying the I‐2 zoning will result in the same zoning as the current County I‐2, in alignment with the Comprehensive Plan Land Use designation for the area. The nature and value of adjoining properties may be impacted by applying industrial zoning in the area. (5) The effect on the property owner or owners if the request is not granted; Without the annexation area being assigned a specific zoning district, the area will essentially be un‐zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners. (6) The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designation for the property is Industrial. (7) Such other information as the Hearing Examiner requires. The site contains approximately 303.52 acres and is located Between highway 395 and the BNSF Main Line, approximately one‐half mile north of Foster Wells Road. Contiguous properties to the south were annexed in 1995 (Ordinance 3107). The northernmost parcel will be subdivided at the Urban Growth boundary line; the other two parcels are located fully within the Urban Growth Area (UGA); the parcels in the proposed annexation area are designated by the Comprehensive Plan map for industrial development. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities, and are appropriate for I‐1, I‐2 and I‐3 zoning. Criteria for annexation in these areas may include the following: • Port of Pasco properties • Land convenient to rail yards • Land convenient to industrial wastewater treatment facility • Land convenient to the regional transportation system • Availability of necessary utilities to serve the use • Relatively level land suitable for heavy building sites Land annexed within the area typically adopts the current County zoning designation for that parcel, which is I‐2 (Medium Industrial). As well, the Comprehensive Plan Land Use map designates the area for industrial uses. Page 77 of 334 4 INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri‐City Herald and sent to property owners within 300 feet of the property on October 19, 2021. 2. The City Council approved a resolution (Resolution 4109) to consider a notice of intent to annex on November 1, 2021. 3. The site comprises 303.52 acres 4. The site is generally located Between highway 395 and the BNSF Main Line, approximately one‐half mile north of Foster Wells Road. 5. The Hearing Examiner must consider a. the existing land uses, b. nearby development, c. zoning, policies of the Comprehensive Plan d. Land Use Designations of the Land Use Map. 6. The current zoning was initiated by the County (No known date). 7. The property is located within the Pasco Urban Growth Boundary. 8. The property is being annexed to the City of Pasco. 9. Upon annexation the property will need to be zoned. 10. Applicant has requested I‐2 zoning for the area 11. Rezoning the property to I‐2 will not change the zoning from the current County I‐2. 12. Rezoning the property to I‐2 would allow industrial development in the neighborhood, 13. Rezoning the property to I‐2 would be in alignment with the Comprehensive Plan Land Use designation for the area. 14. The nature and value of adjoining properties may be impacted by applying industrial zoning in the area. 15. Without the annexation area being assigned a specific zoning district, the area will be un‐zoned upon annexation. 16. The Comprehensive Plan Land Use Designation for the property is Industrial. 17. Contiguous properties to the south were annexed in 1995 (Ordinance 3107). 18. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities Page 78 of 334 5 TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Industrial and agricultural related activities have been encouraged to locate in the northeast and eastern sections of the UGA. These areas already contain or are adjacent necessary infrastructure to support industrial land uses. The City and the Port of Pasco have spent many years developing utilities and streets to serve these industrial lands. The Reimann Industrial Center has been designated in City of Pasco comprehensive plans as industrial areas for decades and the continued designation as such will preserve the areas for industrial needs for future generations. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the proposed annexation area I‐2 will cause the site to be consistent with the Comprehensive Plan. 3. There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Industrial. Assigning Industrial zoning could lead to additional employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 5. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the City Council zone the Reimann Industrial Center Annexation Area to I‐2 as depicted on the proposed zoning map (“Exhibit A”) attached to the 10 November 2021 Hearing Examiner report. Page 79 of 334 31301 63631LOT 2A6,977,718 S.F.160.19 AC.LOT 2B5,994,939 S.F.137.62 AC.36 3124 30316PBS EngineeringandEnvironmental Inc.pbsusa.comDRAWN BY:CHECKED BY:SCALE:PROJECT NO.:DATE:SHEETOFADMADM1" = 600'66184.00006/29/20211 2EXHIBIT A6/29/2021Page 80 of 334 LINE TABLEPBS EngineeringandEnvironmental Inc.pbsusa.comDRAWN BY:CHECKED BY:SCALE:PROJECT NO.:DATE:SHEETOFADMADMN/A66184.00006/29/20212 2LEGAL DESCRIPTION LOT 2ALOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH,RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEYTHEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399,RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE NORTHWESTQUARTER OF SAID SECTION 31.CONTAINING 160.19 ACRESEXHIBIT ALEGAL DESCRIPTION LOT 2BLOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 10 NORTH,RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07, ACCORDING TO THE SURVEYTHEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399,RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE SOUTHWESTQUARTER OF SAID SECTION 31.CONTAINING 137.62 ACRES6/29/2021Page 81 of 334 RAI L R OADSANDIFUR CAPITOL4TH I N D U S T R I ALF OSTER WELLS CLARK GLADE N O RTH US 395US 395CITY LIMITS Urban Growth Boundary 124680040 124680039 113110017 Benton County WA, Pasco GIS, Maxar 0 2,000 4,000 6,000 8,0001,000 Feet 0 2,000 4,000 6,000 8,0001,000 Feet Overview Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 82 of 334 US 395US 395RAILROADCLARK GLADE NORTHCITY LIMITSUrban Growth BoundaryUrban Growth Boundary124680040 124680039 113110017 Benton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Vicinity Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 83 of 334 Food Processing Gravel Quarry Industrial Misc 49 - Transportation - Other Agriculture Agriculture Agriculture Agriculture Agriculture Food Processing Agriculture Agriculture Agriculture Agriculture Agriculture Vacant Vacant Vacant Vacant US 395US 395RAILROADCLARK GLADE NORTHCITY LIMITS Urban Growth B o u n d a r y Urban Growth Boundary 124680040 124680039 113110017 0 1,000 2,000 3,000 4,000500 Feet Land Use Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 84 of 334 I-2 I-1 I-2 (County) I-2 (County) I-2 (County) AP-20 (County) AP-20 (County)US 395US 395RAILROADCLARK GLADE NORTHCITY LIMITSUrban Growth Boundary124680040 124680039 113110017 0 1,000 2,000 3,000 4,000500 Feet Zoning Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 85 of 334 Industrial Industrial IndustrialIndustrial IndustrialUS 395US 395RAILROADCLARK GLADE NORTHCITY LIMITSUrban Growth BoundaryUrban Growth Boundary124680040 124680039 113110017 0 1,000 2,000 3,000 4,000500 Feet Comp Plan Map Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 86 of 334 CITY LIMITSUS 395 NUS 395 SN RAILROAD AVEGLADE NORTH RDUrban Growth BoundaryUrban Growth Boundary Urban Growth Boundary 124680040 124680039 113110017 "Exhibit B" Item: Reimann Industrial Center Annexation Applicant: Port of Pasco File #: ANX 2021-006/ZD 2021-006 Page 87 of 334 Affidavit of Mailing In regard to Notice of ZD 2021 -006 I, Maria Fernandez, hereby confirm that notification was sent by mail on October 19 , 2021, to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official signature this 19 day , October of 2021. ~ Representative s 1gnature Page 88 of 334 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545 .3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor !lame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545 -3441. PLEASE TAKE NOTICE that the Pasco Hearing Examiner will hold a public hearing to consider the establishment of zoning (Master File# ZD 2021-006) for the unincorporated property identified below in the event such property is annexed to the City of Pasco . 1-2 (Medium Industrial) zoning is being considered . General Location: Lying between highway 395 and the BNSF Main Line, approximately one-half mile north of Foster Wells Road in the Southwest Quarter of Section 31, Township 10 North, Range 30 East, and in the Northeast Quarter of Section 6 Township 9 North Range 30 East, W .M ., Pasco, Washington LEGAL DESCRIPTION: Real property in the County of Franklin, State of Washington, described as follows : Lot 1 : Approximately the south half of parcel 124680039 : THAT PORTION OF LOT 2, SHORT PLAT NO . 2002-07, ACCORDING TO THE SURVEY THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE SOUTHWEST QUARTER OF SAID SECTION 31. CONTAINING 137.62 ACRES Lot 2: PARCEL 113110017: LOTS 1,2 & S2NE4 6-9-30 LESS R/W & LO LESS PERP EASE FOR GAS LINE (26 6600 LESS PTN NE4 PSH 11 (231006) & EXC N 30' OF LOT 4 LY ELY PSH 11 . CONTAINING 153.47 ACRES Lot 3 : PARCEL 124680040: SHORT PLAT 2002-07 LOT 3, CONTAINING 122.43 ACRES) THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be held by the Hearing Examiner of the City of Pasco, Washington, in the City Council Chambers, Pasco City Hall, 525 N 3rd Ave at the hour of 6 :00 p .m., Wednesday, 10 November 2021, so that all concerned may appear and present any objections or support for the establishment of zoning classifications for the proposed annexation area . If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: plann ing@pasco -wa .gov . If you wish to participate virtually in the hearing, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Public Comment Period: Written comments submitted to the Community Development Department by 5 :00 p.m . on June 9, 2021 will be included in the Hearing Examiner's meeting packet. You may also submit comments at the Hearing Examiner meeting advertised above . Prepared 10/08/21 by: Jeffrey B. Adams , Associate Planner, PO Box 293 Pasco , WA 99301 (509) 545-3441. The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Page 89 of 334 "Exhibit B" Item: Reimann Industrial Center Annexatio+ Applicant: Port of Pasco w E File#: ANX 2021-006/ZD 2021-006 s Page 90 of 334 NAM E ADDRESS CI TY STATE ZIP CODE GRANITE NORTHWEST INC PO BOX 50085 WATSONVILLE CA 95077 USA GOVERNMENT LAND 98104 ARTURO & PATRICIA G MARTINEZ 20027 ROAD 2 SE WARDEN WA 98857 COX FAMILY LAND LLC 15539 61ST AVE NE KENMORE WA 98028 BALCOM & MOE INC 5806 N INDUSTRIAL WAY, STE A PASCO WA 99301 KATON NIE LEAS IN G, LLC PO BOX 4707 PASCO WA 99302 PORT OF PASCO 1110 OSPREY POINTE BLVD STE 201 PASCO WA 99301 FRANK TIEGS LLC 4200 RIVERHAVEN ST PASCO WA 99301 BLASDEL FAMILY LLC 513 E FOSTER WELLS RD PASCO WA 99301 PUD #1 (FRANKLIN COUNTY) PO BOX 240 7 PASCO WA 99302 BALCOM & MOE FARMS LLC 5806 N INDUSTRIAL WAY PASCO WA 99301 Jeff Adams 7903 W 20th Ave KENNEWICK WA 99338 Page 91 of 334 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ZD 2021-006 Randy Hayden c/o Port of Pasco ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDATION THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on November 10, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommendation as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Lot 1: Approximately the south half of parcel 124680039: THAT PORTION OF LOT 2, SHORT PLAT NO. 2002-07 , ACCORDING TO THE SURVEY THEREOF RECORDED MARCH 25, 2002 UNDER AUDITOR'S FILE NO. 1603399, RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING IN THE SOUTHWEST QUARTER OF SAID SECTION 31. CONTAINING 137.62 ACRES Lot 2: PARCEL 113110017: LOTS 1,2 & S2NE4 6-9-30 LESS R/W & LO LESS PERP EASE FOR GAS LINE (26 6600 LESS PTN NE4 PSH 11 (231006) & EXC N 30' OF LOT 4 LY ELY PSH 11. CONTAINING 153.47 ACRES Lot 3: PARCEL 124680040: SHORT PLAT 2002-07 LOT 3, CONTAINING 122.43 ACRES). 1.2 General Location: Between highway 395 and the BNSF Main Line, approximately one-half mile north of Foster Wells Road in Pasco WA. 1.3 Property Size: 303.52 Acres. 1.4 Applicant: Randy Hayden c/o Port of Pasco, PO Box 769, Pasco, WA 99301. 1.5 Zoning Determination: Development of a zoning recommendation for the Reimann Industrial Center Annexation located between highway 395 and the BNSF Main Line, approximately one-half mile north of Foster Wells Road. 2.ACCESS: The site is accessed from Railroad A venue to the west. 3.UTILITIBS: Both water and sewer services are located approximately 1 mile to the south in Burlington Road. 4.LAND USE AND ZONING: Two of the parcels are zoned 1-2 (Medium Industrial/County) and are being farmed with irrigation pivots; the one parcel to the south is zoned AP-20 (Ag Production 20 Acres). Surrounding properties are zoned and developed as follows: ZD 2021 006 Randy Hayden c/o Port of Pasco Page 1 of 6 Page 92 of 334 North: East: South: West: I-2 (County) AP-20 (County) I-2 (County) AP-20 (County)HWY 395 Farming Farming Gravel Pit; Vacant Agriculture 5.COMPREHENSIVE PLAN: The Comprehensive Plan design ates the site for Industrial. 6.The City Council is scheduled to review a resolution accepting a notice of intent to annex 303.52 acres generally located between Highway 395 and the BNSF Main Line, approximately one-half mile north of Foster Wells Road. 7.Following acceptance of the Notice of Intent and prior to Council action on an annexation petition, the Hearing Examiner is to hold a zoning determination hearing. The purpose of said hearing is for the Hearing Examiner to recommend appropriate zoning districts for the proposed annexation area in the event it may become part of the City. 8.In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. 9.The purpose of the annexation is to assist with the expansion of industrial businesses within the area. l 0.To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan industrial zoning should be applied to the proposed annexation area. The use of the 1-2 Medium Industrial zone for the area will allow for future expansion of industrial enterprises. 11.The initial review criteria for considering a rezone application are explained in PMC 25.21 0.030. The criteria are listed below as follows: 11.1 The date the existing zone became effective: The current zoning was initiated by the County (No known date). 11 .2 The changed conditions which are alleged to warrant other or additional zoning: 11.2.1 The property is located within the Pasco Urban Growth Boundary. 11.2.2 The property in question is being annexed to tbe City of Pasco. 11.2.3 Upon annexation the property will need to be zoned. 11.2.4 Considerable utility planning and construction has taken place to support existing and future industrial development within the proposed annexation area. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 11.3 .1 The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. 11.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 11.4.1 Applicant has requested I-2 zoning for the area. Applying the I-2 zoning will result in the same zoning as the current County I-2, in alignment with the ZD 2021 006 Randy Hayden c/o Port of Pasco Page 2 of6 Page 93 of 334 Comprehensive Plan Land Use designation for the area. The nature and value of adjoining properties may be impacted by applying industrial zoning in the area. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 Without the annexation area being assigned a specific zoning district, the area will essentially be un-zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners. 11.6 The Comprehensive Plan land use designation for the property: 11.6.l The Comprehensive Plan Land Use Designation for the property is Industrial. 12.The site contains approximately 303.52 acres and is located between Highway 395 and the BNSF Main Line, approximately one-half mile north of Foster Wells Road. Contiguous properties to the south were annexed in 1995 (Ordinance 3107). 13.The northernmost parcel will be subdivided at the Urban Growth boundary line; the other two parcels are located fully within the Urban Growth Area (UGA); the parcels in the proposed annexation area are designated by the Comprehensive Plan map for industrial development. 14.The Description and Allocation Table of the Comprehensive Plan specifies that Industrialareas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities, and are appropriate for 1-1, 1-2 and 1-3 zoning. Criteria for annexation in these areas may include the following: 14. l Port of Pasco properties; 14.2 Land convenient to rail yards; 14.3 Land convenient to industrial waste water treatment facility; 14.4 Land convenient to the regional transportation system; 14.5 Availability of necessary utilities to serve the use; 14.6 Relatively level land suitable for heavy building sites. 15.Land annexed within the area typically adopts the current County zoning designation for that parcel, which is 1-2 (Medium Industrial). As well, the Comprehensive Plan Land Use map designates the area for industrial uses. 16.Public notice of this hearing was posted in the Tri-City Herald and sent to property owners within 300 feet of the property on October 19, 2021. 17.The City Council approved a resolution (Resolution 4109) to consider a notice of intent to annex on November 1, 2021. 18.The site comprises 303.52 acres. 19.The site is generally located between Highway 395 and the BNSF Main Line, approximately one-half mile north of Foster Wells Road. 20.The Hearing Examiner must consider 20.1 The existing land uses; 20.2 Nearby development; ZD 2021 006 Randy Hayden c/o Port of Pasco Page 3 of 6 Page 94 of 334 20.3 Zoning and policies of the Comprehensive Plan; 20.4 Land Use Designations of the Land Use Map. 21.The current zoning was initiated by the County. (No known date). 22.The property is located within the Pasco Urban Growth Boundary. 23.The property is being annexed to the City of Pasco. 24.Upon annexation the property will need to be zoned. 25.Applicant has requested 1-2 zoning for the area. 26.Rezoning the property to I-2 will not change the zoning from the current County I-2. 27.Rezoning the property to I-2 would allow industrial development in the neighborhood. 28.Rezoning the property to I-2 would be in alignment with the Comprehensive Plan Land Use designation for the area. 29.The nature and value of adjoining properties may be impacted by applying industrial zoning in the area. 30.Without the annexation area being assigned a specific zoning district, the area will be un- zoned upon annexation. 31.The Comprehensive Plan Land Use Designation for the property is Industrial. 32.Contiguous properties to the south were annexed in 1995 (Ordinance 3107). 33.Property to the south was annexed in 1963 (Ordinance 1078). 34.The Description and Allocation Table of the Comprehensive Plan. specifies that Industrialareas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities. 35.An open record public hearing after due legal notice was held November 10, 2021 via videoconference. 36.The Applicant did not appear at the hearing. The Applicant contacted staff and indicated that the Applicant was ill and would not be able to appear at the hearing. The Applicant requested, through staff, that the record be left open in the event the Applicant did wish to submit any written comments. 37.The Hearing Examiner kept the record open until 5:00 p.m. November 12, 2021 for the Applicant to submit whatever additional written testimony the Applicant wished to submit. The Applicant did not submit any additional written testimony. 38.No member of the public appeared at the hearing. 39.The staff report, application materials, agency comments and the entire file of record were admitted into the record. ZD 2021 006 Randy Hayden c/o Port of Pasco Page 4 of 6 Page 95 of 334 39.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. D.. RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.2 Industrial and agricultural related activities have been encouraged to locate in the northeast and eastern sections of the UGA. These areas already contain or are adjacent necessary infrastructure to support industrial land uses. The City and the Port of Pasco have spent many years developing utilities and streets to serve these industrial lands. The Reimann Industrial Center has been designated in City of Pasco comprehensive plans as industrial areas for decades and the continued designation as such will preserve the areas for industrial needs for future generations. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Zoning the proposed annexation area I-2 will cause the site to be consistent with the Comprehensive Plan. 3.There is merit and value in the proposal for the community as a whole. 3.1 There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Industrial. Assigning Industrial zoning could lead to additional employment opportunities for Pasco residents. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. S.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. S .1 A concomitant agreement is not needed. 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ID. RECOMMENDATION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS to the Pasco City Council to zone the Reimann Industrial Center Annexation Area to J-2 as depicted on the proposed zoning map. ZD 2021 006 Randy Hayden c/o Port of Pasco Page S of 6 Page 96 of 334 Page 97 of 334 AGENDA REPORT FOR: City Council December 14, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Vinh Pham Quang/Buddhist Rezone R-2 to R-4 (Z 2021- 014) I. REFERENCE(S): Proposed Ordinance Exhibit A - Map Exhibit B - Hearing Examiner Recommendation Report to Hearing Examiner Dated: November 10, 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning a parcel located at 1105 N. 26th Avenue, Pasco, WA from R-2 to R-4, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 10, 2021, the the Hearing Examiner held a public hearing to consider a request to rezone 1105 N. 26th Avenue (Parcel No. 119341123), located along 26th Avenue between West Henry and West Octave Streets, in Pasco, WA., from R‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone from from R ‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential). No appeals of this recommendation have been received. Page 98 of 334 V. DISCUSSION: The 4,280‐square‐foot church was constructed in the County in 1940 prior to annexation to the City. Four‐plex apartments were developed adjacent to the east in 1974, also prior to annexation. The Comprehensive Plan designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. The rezone request is consistent with the Comprehensive Plan. Page 99 of 334 Ordinance – Rezone Z 2021-014 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED AT 1105 NORTH 26TH AVENUE, PASCO, WASHINGTON FROM R-2 TO R-4. WHEREAS, Vinh Pham, the petitioner seeks to rezone Parcel No. 119341123, located at 1105 North 26th Avenue, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of PMC 25.210.030 was received by the City and, after notice was issued under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on November 10, 2021; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) the rezone application and anticipated development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; and (e) a concomitant agreement is not required under these circumstances, the Hearing Examiner developed the above findings in accordance with PMC 25.210.060 and has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit B. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-2 (Medium-Density Residential) to R-4 (High-Density Residential) for the real property as shown in the Exhibit A attached hereto and described as follows: Page 100 of 334 Ordinance – Rezone Z 2021-014 - 2 The west 130 ft. of the south ½ of the southeast ¼ of the northwest ¼ of the northeast ¼ of Section 25, Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington, except roads (Parcel No. 119341123). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publications required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of January, 2022. Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _________________________ Page 101 of 334 N 26TH AveN 25TH PlW HENRY St W OCTAVE St 0 70 140 210 28035 Feet "Exhibit A" Item: Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 Applicant: Vinh Pham Quang File #: Z 2021-014 Page 102 of 334 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF REVISED RECOMMENDED FINDINGS OF FACT, Z 2021-014 RECOMMENDED CONCLUSIONS Tri-Cities Vietnamese Buddhist Association OF LAW,AND RECOMNIENDED DECISION suvwrs zw THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on November 10,2021,the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact,Recommended Conclusions of Law,and RecommendedDecision as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATIONDESCRIPTION: 1.1 Legal:The west 130 ft.of the south ‘/2of the southeast ‘/4of the northwest ‘A:of the northeast ‘Aof Section 25,Township 9 North,Range 29 East W.M.Pasco,Franklin County,Washington,except roads (Parcel 119341123). 1.2 General Location:1105 N.26th Avenue,Pasco,WA. 1.3 Propegty Size:1.3 acres (56,402.45 square feet). 1.4 Applicant:Vinh Pham Quang,5328 W.Sylvester St.,Pasco,WA 99301 1.5 Rezone:Tri-Cities Vietnamese Buddhist Association R-2 to R-4 2.ACCESS:The parcel has access from 26th Avenue. 3.UTILITIES:Municipal water service is located in Henry Street and Octave Street and sewer is available at the corner of Henry and 26”’. 4.LAND USE AND ZONING:The property is currently zoned R-2 (Medium Density Residential).Surrounding property are also zoned R-2.The site contains a Tri—Cities VietnameseBuddhist Association church.There is an existing churchproperty to the southwest across 26th Ave.Surrounding Land uses are as follows: North R-3 Stevens Middle School Sports ?eld East R-2 F our-plex apartments South R-2 SF DUs West R-2 Single-&multi-family dwellings 5.COMPREHENSIVE PLAN:The Comprehensive Plan Land Use Map designates the area “Medium-Density Residentialf’the “Medium-DensityResidential”designation allows for Single-family dwellings,patio homes,townhouses,apartments,and condominiumsat a density of 6 to 20 dwelling units per acre.Allowable zoning for the “Medium-Density Residential”land use designation includes the R-2 through R-4 and RP zones. Z 2021 014 Tri—CitiesVietnameseBuddhist Association Page 1 of 6 Page 103 of 334 l0. ENVIRONMENTAL DETERMINATION:The City of Pasco is the lead agency for thisproject.Based on the State EnvironmentalPolicy Act (“SEPA”)checklist,Comprehensive Plan,applicable regulations,and other information,a threshold determinationresulting in aDeterminationofNon-Signi?cance (DNS)was issued on October 15,2021 for this projectunderWAC197-1 l-158. REQUEST:Vinh Pham Quang,has submitted an application to rezone Parcel #11934l123,located along 26th Avenue between West Henry and West Octave Streets,in Pasco,WA.,from R-2 (Medium-Density Residential)to R-4 (High—DensityResidential).Applicant anticipates subdividing the lot into three residential building lots and developing 4-plex structures on the south two lots. SITE:The site comprises 1.3 acres (56,402.45 square feet),and has frontage access on 26thAvenuewhichultimatelyconnectstoWestCourtStreettothenorthandWestSylvester Street to the south.The Comprehensive Plan designates the lot “Medium-Density Residential.”The “Medium-DensityResidential”designation allows for R-4 zoning and maybedevelopedwithtownhousesandapartments.Residential density may range from 6 to 20 dwelling units per acre in the “Medium-DensityResidential”designated area.The rezone request is consistent with the Comprehensive Plan Land Use Map designation. HISTORY:The site was annexed into the City and assigned R-2 (Medium-Density Residential)zoning in 1977 (Ordinance #1833).The site has not been rezoned since.The 4280—square-footchurch was constructed in the County in 1940 prior to annexation to theCity.A 308-square-foot detached garage and a 96—square-footstorage shed were added in 2013.Four-plex apartments were also developed adjacent to the east in 1974,also in the County prior to annexation.The City has recently approved a major update to its Comprehensive Plan.The revised Land Use Element of the approved Plan designated the lot “Medium—DensityResidential.” REZONE CRITERIA:The initial review criteria for considering a rezone application areexplainedinPMC25210030.The criteria are listed below as follows: 10.1 The date the existing zone becameeffective: 10.1.1 The site was assigned R-2 (Medium-Density Residential)zoning in 1977 as part of the annexation (Ordinance #1833).Zoning for the site has not changed since then. 10.2 The changed conditions,which are alleged to warrant other or additional zoning: 10.2.1 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium-Density Residential.”The “Medium-Density Residential”designation allows for R-4 zoning and may be developed with townhousesand apartments.Residential density may range from 6 to 20 dwelling units per acre in the “Medium- Density Residential”designated area. 10.3 Facts to justify the change on the basis of advancing the public health,safety and general welfare: 10.3.1 Properties located to the east were developed as four-plex units under Franklin County code,prior to annexation. Z 2021 014 Tri-Cities VietnameseBuddhist Association Page 2 of 6 Page 104 of 334 ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 10.3.2 The rezone application is consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health,safety and general welfare of the community.The rezone would allow for residentialdensity between6 to 20 dwelling units per acre. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.]A change in zoning classi?cationmay ultimately result in the development of single~fami1y dwellings,patio homes,townhouses,apartments,and/or condominiums,all of which are appropriate for this area,in alignment with the Land Use Element of the Comprehensive Plan. 10.4.2 The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 If the property remains with the current R-2 zoning designation the site would likely continue as it is,with a large expanse of undeveloped lawn area occupying approximately the south half of the site. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The City Council has recently approved an update to the Comprehensive Plan;The Land Use Element of the Plan now designates the lot “Medium- Density Residential.”The “Medium-DensityResidential”designation allows for R-4 zoning and may be developed with townhouses and apartments. 10.7 Such other informationas the Hearing Examiner requires: 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan,and City Council Goals on housing.The opportunity for additional higher—densityresidential uses in this area supports the Land Use Element of the Comprehensive Plan. Public notice of this hearing was sent to property owners within 300 feet of the property andpostedintheTri-City Herald on October 15,2021. The Applicant wishes to rezone Parcel #119341123,from R-2 (Medium—DensityResidential) to R-4 (Hi gh-Density Residential). The site is located along 26th Avenue between West Henry and West Octave Streets. Applicant anticipates subdividingthe lot into three residential building lots. Applicant anticipates developing4—plexstructures on the south two lots. The site comprises 1.3 acres The site has frontage access on 26th Avenue 26"‘Avenue connects to West Court Street and West Sylvester Street. The Comprehensive Plan designates the lot “Medium-Density Residential.” The “Medium-DensityResidential”designation allows for R—4zoning The “Medium—DensityResidential”designation may be developed with townhouses and apartments. Z 2021 014 Tri-Cities VietnameseBuddhist Association Page 3 of 6 Page 105 of 334 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Residential density may range from 6 to 20 dwelling units per acre in the “Medium—DensityResidential”designated area. The rezone request is consistentwith the Comprehensive Plan Land Use Map designation. The site was annexed into the City in 1977. The site was assigned R-2 (Medium-DensityResidential)zoning in 1977. The site has not been rezoned since annexation in 1977. The site contains a 4,280—square-footchurch. The church was constructed in the County in 1940 prior to annexation to the City. A 308—square-footdetachedgarage and a 96-square-foot storage shed were added in 2013. Four-plex apartments were developed adjacent to the east in 1974 in the County prior toamiexation. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot “Medium-DensityResidential.” On October 18,2021,the City received a letter from Denise Campos in opposition to theproject. An open record public hearing a?er due legal notice was held November 10,2021 viavideoconference. Appearing and testifying on behalf of the applicant was Paul Christiansen.Mr.Christiansentesti?ed that he was an agent authorized to speak on behalf of the property owner andApplicant.Mr.Christiansen indicatedthat the Applicant agreed with all representations in thestaffreport. No member of the public appeared at the hearing. The staff report,application materials,agency comments and the entire ?le of record wereadmittedintotherecord. Any Conclusion of Law that is more correctly :1 Finding of Fact is hereby incorporated assuchbythisreference. I].RECOMMENDEDCONCLUSIONS OF LAW Before recommending approval or denial of a rezone,the Hearing Examiner must develop ?ndings offactfromwhichtodrawitsconclusionsbaseduponthecriterialistedinPMC25.210.060.Thecriteriaareasfollows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.1.2 City Council has recently approved an update to the Comprehensive Plan;The LandUseElementofthePlannowdesignatesthelot“Medium-DensityResidential.”1.3 The “Medium—DensityResidential”designation allows for R-4 zoning and may bedevelopedwithtownhousesandapartments. 1.4 Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential"designated area. Z 2021 014 Tri-Cities VietnameseBuddhistAssociation Page 4 of 6 Page 106 of 334 1.5 The proposal also aligns with the followingComprehensivePlan Goals and Policies: 1.5.1 Housing Goal H-1:Encourage housing for all economic segments of the city’s population consistent with the local and regional market. 1.5.2 Housing Policy H-1-A:Allow for a full range of housing including single family homes,townhouses,condominiums,apartments,manufactured housing,accessory dwelling units,zero-lot-line,planned unit developments, etc. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 2.2 2.3 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot “Medium-Density Residential.” The “Medium-DensityResidential”designation allows for R-4 zoning and may be developed with townhouses and apartments. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property.The proposal will not be materially detrimental to the immediate vicinity. There is merit and value in the proposal for the community as a whole. 3.1 3.2 3.3 The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537). The Comprehensive Plan has recently been updated for the area and now designates the lot “Medium-Density Residential.” The “Medium-DensityResidential”designation allows for R-4 zoning and may be developed with townhouses and apartments. Conditions should be imposed in order to mitigate any signi?cant adverse impacts from the proposal. 4.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards.The Design and Construction Standards require a Traf?c Study for proposals that generate 25 or more peak hour trips.The City (Lead Agency)issued21Determinationof Non-Signi?cance (DNS)on 15 October 2021. A ConcomitantAgreement should be entered into between the City and the petitioner,and if so,the terms and conditionsof such an agreement. 5.]A concomitant agreement would not be required in this circumstance. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. HI.RECOMMENDED DECISION Based on the above RecommendedFindings of Fact and Conclusions of Law,the Hearing Examiner RECOMNIENDS APPROVAL to the City Council that the west 130 ft.of the south ‘/2 of the southeast ‘/eof the northwest ‘A of the northeast ‘Aof Section 25,Township 9 North,Range 29 East W.M.Pasco,Franklin County,Washington,except roads (Parcel 119341123),located at 1105 N.26th Avenue,Pasco,WA,be rezoned from R-2 (Medium-Density Residential)to R-4 (High-Density Residential). Z 2021 014 Tri-Cities VietnameseBuddhistAssociation Page 5 of 6 Page 107 of 334 Dated this 18"‘day of November,2021. CITY OF P CO HEARING EXANHNER M An L.Kottkamp Z 2021 014 Tri—CitiesVietnameseBuddhist Association Page 6 of 6 Page 108 of 334 PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers DATE: WEDNESDAY, 10 November 2021 6:00 PM 1 MASTER FILE #: Z 2021‐014 APPLICANT: Vinh Pham Quang 5328 W. Sylvester St. Pasco, WA 99301 REQUEST: REZONE: Tri‐Cities Vietnamese Buddhist Association R‐2 to R‐4 BACKGROUND 1. PROPERTY DESCRIPTION: Legal: The west 130 ft. of the south ½ of the southeast ¼ of the northwest ¼ of the northeast ¼ of Section 25, Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington, except roads (Parcel 119341123). General Location: 1105 N. 26th Avenue, Pasco, WA. Property Size: 1.3 acres (56,402.45 square feet). 2. ACCESS: The parcel has access from 26th Avenue. 3. UTILITIES: Municipal water service is located in Henry Street and Octave Street and sewer is available at the corner of Henry and 26th. 4. LAND USE AND ZONING: The property is currently zoned R‐2 (Medium Density Residential). Surrounding property are also zoned R‐2. The site contains a Tri‐Cities Vietnamese Buddhist Association church. There is an existing church property to the southwest across 26th Ave. Surrounding Land uses are as follows: North R‐3 Stevens Middle School Sports field East R‐2 Four‐plex apartments South R‐2 SFDUs West R‐2 Single‐ & multi‐family dwellings 5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area “Medium‐Density Residential;” the “Medium‐Density Residential” designation allows for Single‐family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre. Allowable zoning for the “Medium‐Density Residential” land use designation includes the R‐2 through R‐4 and RP zones. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Page 109 of 334 2 Determination of Non‐Significance (DNS) was issued on 15 October 2021 for this project under WAC 197‐11‐158. ANALYSIS Request Vinh Pham Quang, has submitted an application to rezone Parcel #119341123, located along 26th Avenue between West Henry and West Octave Streets, in Pasco, WA., from R‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential). Applicant anticipates subdividing the lot into three residential building lots and developing 4‐plex structures on the south two lots. Site The site comprises 1.3 acres (56,402.45 square feet), and has frontage access on 26th Avenue which ultimately connects to West Court Street to the north and West Sylvester Street to the south The Comprehensive Plan designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density Residential” designated area. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. History The site was annexed into the City and assigned R‐2 (Medium‐Density Residential) zoning in 1977 (Ordinance #1833). The site has not been rezoned since. The 4280‐square‐foot church was constructed in the County in 1940 prior to annexation to the City; a 308‐square‐foot detached garage and a 96‐square‐foot storage shed were added in 2013. Four‐plex apartments were also developed adjacent to the east in 1974, also in the County prior to annexation. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot “Medium‐Density Residential.” Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 1. The date the existing zone became effective: Page 110 of 334 3 The site was assigned R‐2 (Medium‐Density Residential) zoning in 1977 as part of the annexation (Ordinance #1833). Zoning for the site has not changed since then. 2. The changed conditions, which are alleged to warrant other or additional zoning: City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐ Density Residential” designated area. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Properties located to the east were developed as four‐plex units under Franklin County code, prior to annexation. The rezone application is consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone would allow for residential density between 6 to 20 dwelling units per acre. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification may ultimately result in the development of single‐family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: If the property remains with the current R‐2 zoning designation the site would likely continue as it is, with a large expanse of undeveloped lawn area occupying approximately the south half of the site. 6. The Comprehensive Plan land use designation for the property The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐ Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher‐density residential uses in this area supports the Land Use Element of the Comprehensive Plan. Page 111 of 334 4 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri‐City Herald on 15 October 2021. 2. Applicant wishes to rezone Parcel #119341123, from R‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential). 3. The site is located along 26th Avenue between West Henry and West Octave Streets. 4. Applicant anticipates subdividing the lot into three residential building lots 5. Applicant anticipates developing 4‐plex structures on the south two lots. 6. The site comprises 1.3 acres 7. The site has frontage access on 26th Avenue 8. 26th Avenue connects to West Court Street and West Sylvester Street. 9. The Comprehensive Plan designates the lot “Medium‐Density Residential.” 10. The “Medium‐Density Residential” designation allows for R‐4 zoning 11. The “Medium‐Density Residential” designation may be developed with townhouses and apartments. 12. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐ Density Residential” designated area. 13. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 14. The site was annexed into the City in 1977. 15. The site was assigned R‐2 (Medium‐Density Residential) zoning in 1977. 16. The site has not been rezoned since annexation in 1977. 17. The site contains a 4,280‐square‐foot church. 18. The church was constructed in the County in 1940 prior to annexation to the City. 19. A 308‐square‐foot detached garage and a 96‐square‐foot storage shed were added in 2013. 20. Four‐plex apartments were developed adjacent to the east in 1974 in the County prior to annexation. 21. The City has recently approved a major update to its Comprehensive Plan. 22. The revised Land Use Element of the approved Plan designated the lot “Medium‐Density Residential.” TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. Page 112 of 334 5 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density Residential” designated area. The proposal also aligns with the following Comprehensive Plan Goals and Policies: Housing Goal H‐1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. Housing Policy H‐1‐A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero‐ lot‐line, planned unit developments, etc. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole. The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537) The Comprehensive Plan has recently been updated for the area and now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non‐Significance (DNS) on 15 October 2021. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement would not be required in this circumstance. Page 113 of 334 6 RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that the west 130 ft. of the south ½ of the southeast ¼ of the northwest ¼ of the northeast ¼ of Section 25, Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington, except roads (Parcel 119341123), located at 1105 N. 26th Avenue, Pasco, WA, be rezoned from R‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential). Page 114 of 334 28THROAD 36SYLVESTER L EWIS PEARL COURT 20THUS 395US3950 710 1,400 2,100 2,800360 Feet 0 710 1,400 2,100 2,800360 Feet Overview Map Item: Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 Applicant: Vinh Pham Quang File #: Z 2021-014 Page 115 of 334 N 26TH AVEN 25TH PLW HENRY ST W OCTAVE ST 0 70 140 210 28035 Feet 0 70 140 210 28035 Feet Vicinity Map Item: Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 Applicant: Vinh Pham Quang File #: Z 2021-014 Page 116 of 334 Church ChurchMulti-Fam Multi-Fam School SFDU SFDUSFDU SFDU SFDU N 26TH AVEN 25TH PLW HENRY ST W OCTAVE ST 0 70 140 210 28035 Feet Land Use Map Item: Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 Applicant: Vinh Pham Quang File #: Z 2021-014 Page 117 of 334 R-2 R-2R-2 R-2 R-2 R-2 R-3 N 26TH AVEN 25TH PLW HENRY ST W OCTAVE ST 0 70 140 210 28035 Feet Zoning Map Item: Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 Applicant: Vinh Pham Quang File #: Z 2021-014 Page 118 of 334 Medium Density Residential Public Quasi-Public 26TH25THHENRY OCTAVE 0 70 140 210 28035 Feet Comp Plan Map Item: Rezone: Tri-Cities Vietnamese Buddhist Association R-2 to R-4 Applicant: Vinh Pham Quang File #: Z 2021-014 Page 119 of 334 Page 120 of 334 Looking North Page 121 of 334 Looking Northeast Page 122 of 334 Looking East Page 123 of 334 Looking Southeast Page 124 of 334 Looking South Page 125 of 334 Looking Southwest Page 126 of 334 Looking West Page 127 of 334 Looking Northwest Page 128 of 334 Site Page 129 of 334 Site Page 130 of 334 Sign Page 131 of 334 Adjacent Property Structures Page 132 of 334 Adjacent Property Structures Page 133 of 334 Adjacent Property Structures Page 134 of 334 Page 135 of 334 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 DETERMINATION OF NON‐SIGNIFICANCE (Optional DNS Process) Issuance Date: 15 October 2021 Project Name: Vinh Pham Quang Rezone R‐2 to R‐4 Project Number: SEPA 2021‐079 / Z 2021‐014 Proponent: Vinh Pham Quang c/o Tri‐Cities Vietnamese Buddhist Association 5328 W. Sylvester Street Pasco, WA 99301 Applicant: Vinh Pham Quang c/o Tri‐Cities Vietnamese Buddhist Association 5328 W. Sylvester Street Pasco, WA 99301 Description of Proposal: Rezone a parcel from R‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential) zoning in anticipation of subdividing the lot into three parcels and development of two (2 ea.) 8‐plex apartment structures. Location of Proposal: 1105 N. 26th Avenue, in Pasco, WA (Parcel 119341123) Lead Agency: City of Pasco The City of Pasco, acting as lead agency for this proposal, has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197‐11‐355. There is no further comment period on the DNS. Appeals must be filed within 10 days of this determination. Responsible Official: ________________________________________________ Rick White, Community & Economic Development Director Address: PO Box 293, Pasco, WA 99301‐0293 Phone: (509) 545‐3441 Appeals: You may appeal this determination of non‐significance by submitting an appeal to the address below no later than 10 days from issuance. The appeal must be in written Page 136 of 334 form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Page 137 of 334 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509‐545‐3441. Proposal: Vinh Pham Quang, on behalf of the Tri‐Cities Vietnamese Buddhist Association, has submitted a Rezone application (Z 2021‐014) to rezone a parcel located at 1105 N. 26th Avenue, in Pasco, WA (Parcel 119341123) from R‐2 (Medium‐Density Residential) to R‐4 (High‐Density Residential) zoning in anticipation of subdividing the lot into three parcels and development of two (2 ea.) 8‐plex apartment structures. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 10 November 2021. Only comments received by the referenced date will be included in the public record. If you have questions on the proposal, contact the Planning Division at (509) 545‐3441 or via e‐mail to: adamsj@pasco‐wa.gov. Open Record Hearing: The Hearing Examiner will conduct an open record hearing for the Rezone application (Z 2021‐014) at 6:00 p.m. on 10 November 2021 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco‐wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten (10) business days of the close of the public hearing. Prepared 15 October 2021 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545‐3441 Page 138 of 334 1 Jeff Adams From:Paul Christensen <pdchristensen@charter.net> Sent:Friday, October 29, 2021 4:26 PM To:Jeff Adams Cc:'Vinh Pham' Subject:Reference Z 2021-014 [NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hi Jeff There is confusion to the application for the rezone of the Vietnamese Temple property requested by Vinh Pham. We are wanting to build two four-plex units for a total of 8 residences, not two 8-plex units. Please make this correction prior to going to the hearing examiner. I am making this request on behalf of Vinh Pham, the applicant. I am working for him as his consultant. Thank you Paul Christensen Oasis Development Corp. 509-460-1202 You don't often get email from pdchristensen@charter.net. Learn why this is important Page 139 of 334 AGENDA REPORT FOR: City Council December 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Resolution - Setting a Public Meeting Date for Lamb 5 LLC Annexation Petition (ANX 2021-007) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation City Proposed Annexation Area Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, setting 7:00 PM, January 18, 2022 as the time and date for a public meeting to consider the Lamb 5 LLC notice of intent to commence annexation of property located at the northwest corner of West Court Street and Road 68. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located at the northwest corner of West Court Street and Road 68 (Franklin County Assessor’s Parcels No. 118501041 and No. 118501050), have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at lea st 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing 100 percent of the assessed value within the proposed annexation area. Page 140 of 334 On October 25, 2021 Council held a workshop to discuss the Lamb 5 LLC annexation and that that there may be additional property adjacent to this property which may be included in this annexation. The additional and expanded annexation area proposed is depicted on the last map exhibit attached as References. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation the Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. The next available date for a public meeting is January 18, 2022. Following Council review of the proposed annexation and passage of a resolution generally accepting the boundary, staff will present the proposed annexation zoning to the Hearing Examiner for a recommendation on the zoning and prepare the annexation petition. As a separate action - staff will notify owners of property within the annexation area and provide a brief explanation of the process and discussion of commonly asked questions. Once the petition is returned, it will be forwarded to the County Assesso r for certification. Following that certification - a date will be set for a public hearing for Council to formally consider and decide upon the annexation request. Page 141 of 334 Resolution: MF# ANX 2021-007 - 1 RESOLUTION NO. _____ A RESOLUTION SETTING 7:00 PM, JANUARY 18, 2022 AS THE TIME AND DATE FOR A PUBLIC MEETING WITH THE INITIATORS TO CONSIDER THE LAMB 5, LLC, NOTICE OF INTENT TO COMMENCE ANNEXATION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST COURT STREET AND ROAD 68. 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 annex lands; and WHEREAS, pursuant to RCW 35A.14.120, prior to the City circulating a petition to annex, notice of intent to commence annexation must be made to the Pasco City Council by the owners of at least ten (10) percent of the assessed value of the property to be annexed; and WHEREAS, the owners of Lots 1 and 2, Short Plat No. 78-1, according to the Survey thereof recorded under Auditor’s File No. 378986, records of Franklin County Washington, located at the northwest corner of West Court Street and Road 68 (Franklin County Assessor’s Parcel Nos. 118501041 and 118501050), have filed a Notice of Intent to Commence Annexation to the City of Pasco; and WHEREAS, pursuant to RCW 35A.14.120, the Notice of Intent to Commence Annexation contains the signatures of property owners representing at least ten (10) percent of the assessed value of an area proposed for annexation; and WHEREAS, upon receipt of a Notice of Intent to Commence Annexation, the Council is required by RCW 35A.14.120 to set a date to hold a public meeting with the initiators to consider: (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That a public meeting with the initiators to consider a Notice of Intent to Commence Annexation of property located at the northwest corner of West Court Street and Road 68 (Franklin County Assessor’s Parcel Nos. 118501041 and 118501050), as described in Exhibit A and depicted in Exhibit B, attached hereto, will be held before the City Council of the City of Pasco, in the Council Chambers, at 525 North Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., January 18, 2022. Page 142 of 334 Resolution: MF# ANX 2021-007 - 2 PASSED by the City Council of the City of Pasco, Washington this __ day of January, 2022. Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 143 of 334 CITY LIMITS CITY LIMITS LAMB CT W WERNETT RD W COURT ST PEARL ST ROAD 680 430 850 1,300 1,700210 Feet City Proposed Item: Lamb 5 LLC Annexation Applicants: Lamb 5 LLC c/o Ann Rouse File #: ANX 2021-007 / ZD 2021-007 Legend ANX 2021-007 Lamb 5 LLC City Proposed Annexation Area Page 144 of 334 CITY LIMITS CITY LIMITSROAD 68W COURT ST LAMB CT HILBERTLN"Exhibit B" Annexation Area Item: Lamb 5 LLC Annexation Applicants: Lamb 5 LLC c/o Ann Rouse File #: ANX 2021-007 / ZD 2021-007 Page 145 of 334 COLUMBIA RIVER COLUMBIA RIVERCITY LIMITSW WERNETT RD ROAD 68ROAD 60LAMB CT ROAD 68W COURT ST PEARL ST 0 710 1,400 2,100 2,800360 Feet 0 710 1,400 2,100 2,800360 Feet Overview Map Item: Lamb 5 LLC Annexation Applicants: Lamb 5 LLC c/o Ann Rouse File #: ANX 2021-007 / ZD 2021-007 Page 146 of 334 CITY LIMITS CITY LIMITS IRIS CT PEARL CTROSE CT I V Y LN I V Y LNDAHLIA CTHEATHERLNJASMINELNROAD 72TULIP CTDAISYCTROAD 67AMY LP ROAD 6766TH PLROAD70ROAD 64ROAD 68BROTHERS DR IVYLNW PEARL ST QUEEN BEE CT ZINNIACTMARI GOLD LOOPLAMB CT MERCEDES CT W MARIE STHILBERTLNW MARIE ST PEARL STW PEARL ST W COURT ST SADDLEBRED L P 0 350 700 1,100 1,400180 Feet 0 350 700 1,100 1,400180 Feet Vicinity Map Item: Lamb 5 LLC Annexation Applicants: Lamb 5 LLC c/o Ann Rouse File #: ANX 2021-007 / ZD 2021-007 Page 147 of 334 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of Pasco 525 North 3rd Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, herby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days aft�r the filing of this request for a meeting with the undersigned to determine: 1)Whether the City Council will accept the proposed annexation; and , 2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, 3)Whether the City will allow simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of the Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 148 of 334 EXHIBIT "A" Legal Description -Lamb Estates -Lots 1 and 2, Short Plat 78-1 For APN/Parcel ID(s): 118-501-041 Lot 2, Short Plat No. 78-1, according to the Survey thereof recorded under Auditor's File No. 378986, records of Franklin County Washington. EXCEPT that portion conveyed to Franklin County under Auditor's File No. 428389. For APN/Parcel ID(s): 118-501-050 Lot 1, Short Plat No. 78-1, according to the Survey thereof recorded under Auditor's File No. 378986, records of Franklin County Washington. Page 1 of 1 Page 149 of 334 CITY LIMITS CITY LIMITSROAD 68W COURT ST LAMB CT HILBERTLN"Exhibit B" Annexation Area Item: Lamb 5 LLC Annexation Applicants: Lamb 5 LLC c/o Ann Rouse File #: ANX 2021-007 / ZD 2021-007 Page 150 of 334 \, ,,. ,\, \ I>, � \j li\j': �'q \� \,'q � ½ � �:<: \ � ��� �'\i \ -� Ii oJ 1l '\��0 ": ���"'\i d f'--ll � � \ �0 \ � . �'•:,..• •\i \ '" � • �u ·H"v���� �-f�.:i"l "'.l�:i,� ,. � � � �-.-,�-'/� u � '� �\\;_�t, \ ',i � �{ •-i, t t ! � 11 ·,"�. �"l �' \ •"\\ " �{�� qi•�\i,� " �\ 1fth �'"'� }"e ��� l,�. ' \'\:i\,.,�� � � '� � ' " tJ " ' ., �1t� •1 u��0-�� '<:" � \ •. -.:; • l \, �i,��i1N::I� '·• \ -"� '"\io �'b �()"�l,,-. ·� � \ � .. � �\, 0. h��<;: \j � ". � ".. Q t \ � � ---t; � \ ��-� � . " � '� -i ��'11-..':6 • ��� ½ ' \\!��·�,,\ � \,\p • '<: \. t .N •:-:'o'b �' -./! � -� ....q�"••"\ . ' '�L f� ... � • -� • > �'I:;{\ � h � � "1 Iii V) � '-t .,,_1, \t. \ � t I �J�� {�d-t��-11'. "\,. '1l \ � { . � '1-ll\ e � t'.' -.i h • h •,1 � , � i •1 . � � � ,� ��� '���"': �'i ,-.��� � ,\,'ii·�'!, ·,� �1. ���I, ....... • ,'(11 .,"'< I!: ij � �{ � 'b i\, i r� � {,b.-t� t-1�. " J ,•:••· �� H·� � � � �����. � '�" •''� ) ���?\�� •:<:� �� . �t'il � :i;. \ \ t ·' o-' • � {�:r� � �-a,,, -� \ 'b • � � � ·, -� �"'-t��-,"1�'\. \ "-,; ?- �,,,. \�(,:'\,� "r '-i �" �\ • '<: � � t '" \ . �· i\�� --�f�"� � � ;,,,� l •i • � ���-�� j �:J�il Jl \I IJ ''ll a � � ,: ' � :, \, •• ,�1• I " " ij 1=l � {,._n-.;{ � � � �) ��� �\ � \ "\.oo � 'I,-�.\;., �. . ,.,.� .. � • \ \'<j � -� -� � 'Ii��'�� ;�-. \ ,.i � i.\ • .,,,,_ij t.i IQ l ' ½ -�-� q-����F•h'b � '"l.>: • � 0 .--llh1·� \ 1� \ "' • ½ \ .. " � "\ "-' ,\l� �N� \t'�-� "� • ·� ��� ,€•�\: ..·"' �'o1, �1 {,;, � ·i �"'�h � q '�.' �� 'i,� �•I\, � 1� � � :-ii lj� ,,� � ��'q��� -:\� te �� ,, \4 �-� "�' \ \ . ·'<\n �bl ;,:�� '� \-� I:';, • �"l � \ ' �� "l� el : � � -..': �� �-• •:� �J �{ �,,,<.:� ', \ ·, � ),H�1j : �i !J l,'] \ ·1 ·'It •' ' • f'; 1 �-�� � � (��it 0 i �� 0 � �� � � \ il:', • � � 'o ii: i)l 'U ' . . � � lr) ... , � .. )� � 'a �� 'll )>\ }. �· M '� �.f �l. 11�1 n ltl� � .. t �i, ,_{ �� �. � . � ' �./l � .} � �� : � '\i � ·1{ �· t! � \J ·" �\�· �" '�. ')· .. J OfNI_;, � ��\ .. � \ Le-,.. 0- !n <1 "-;" --. ' \ �" "�--� Page 151 of 334 AFF IDAVIT OF SIGNATURE FOR ANNEXATION NOTICE OF INTENT AND PETITION Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of j AMI\ S LU:... I and I am further authorized to sign other documents including Notices of Intent and Petitions. State of Washington ): ss. ) certify that I know of have satisfactory evidence that )AM�� ' l�\) before me, and said person acknowledged that (he/she) signed this instrument, on path stated that (he/she) weas authorized to execute the instrument and acknowledge it as the l\\��l:!'VL of LAMS S \..LC., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given m hand and official seal this 21 'M- @ day of fl,_S�l:.��-'-·-----' 2021 ROB I ELLSWORTH :=-?: Notary Public --�--\---\-----___:s�;::.z:'=:::. _______ _State of Washington · d f h f h" Commission# 167537 NOTARY PUBLIC m an or t e State o Was mgton My comm. Expires Sep 6, 2025 Residing at: ---�....,___•���1---'-�-------My Commission Expires :_�q�_1.:,_._1;_5 ____ _ Page 152 of 334 1.Please print your name in addition to signing. =f �� � �:�bRE Efi= s �8:: DATE o = J llllfrDf l l)� £e,o JJ+✓ 99 fc2,I q.11:i\ i{'f!iv:y.n �-La_mb £�� ;PY:v ti,o�!f .m,4 La_lZ-e �Sc't.:1 U.l;t 93CJ/ 5/&_cAJ C /4-nlf ,:&;/o(),11 f:�<l-o<J-cJ-/ W '.Y 'fi,J '7,?sl't7 LA./4 q '731j �_____.L...J��--------"--"-�.L----"-------==�""-------='----=----'.,.<---=-�__,, c) / jjo Vl -/-)' /4,vv,, /2 ,2111'. � q /2 ,/ d 75 .Ltt � u me,,\4-± )) 'C i �V' 1 A-YL,k w /If �9c � a z_ Page 153 of 334 AGENDA REPORT FOR: City Council December 22, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Dave Zabell, City Manager Executive SUBJECT: *Resolution - 2022-2026 Hanford Communities Interlocal Agreement I. REFERENCE(S): Resolution 2022-2026 Hanford Communities ILA - Showing updates and comments 2022-2026 Hanford Communities ILA - Clean - updated with no comments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, the 2022-2026 Hanford Communities Interlocal Agreement. III. FISCAL IMPACT: Historically, City of Pasco has paid between $16,000 to $17,000 in assessments to support the Hanford Communities activities. Currently, the Department of Ecology grant is expected to cover the current program costs entirely. However, new resources to properly support the program might require the City to pay an additional assessment. If such resources are acquired in 2022, the City's portion of Trihowever, $18,000; time is at assessment estimated the this -City Development Council (TRIDEC) will provide actual assessments as plans are formalized in mid-2022. IV. HISTORY AND FACTS BRIEF: The Cities of Pasco, Kennewick, and Richland, along with Benton and Franklin Counties Communities Hanford the as have is what operated known organization for the past 20 years. The City of West Richland joined the Hanford Communities in 2017. The purpose of the organization is to provide a forum for local government monitoring of activities at the Hanford site as they might affect a wide variety of Page 154 of 334 community issues (emergency services, economy, health and safety, etc.). Through the interlocal and operating contract, the entities employ the services of an individual specifically assigned to monitor Hanford activities and brief the member representatives on a continuing basis. The effort has proven quite valuable to the member jurisdictions in terms of being cognizant of site activities and their anticipated effects on the community; likewise, that awareness has permitted the local jurisdictions to exert greater influence on Hanford site activities than the cities and counties were able to prior to that time. V. DISCUSSION: The interlocal agreement was renewed in November 2016 for five years commencing on January 1, 2017 through December 31, 2021. The ability to monitor Hanford site activities and the improved ability to influence those activities are well worth the relatively modest expense (assigning one-half FTE would cost much more.) The organization functions well and has proven to be effective; thus, staff recommends the interlocal agreement be extended for an additional five-year term from January 1, 2022 through December 31, 2026. Page 155 of 334 Resolution – 2022-26 Hanford Communities ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL GOVERNMENTS TO REVIEW, EVALUATE, AND MONITOR CONDITIONS AND OPERATIONS AT THE HANFORD NUCLEAR RESERVATION (HANFORD) AND ESTABLISHING THE HANFORD COMMUNITIES FOR THE YEARS 2022-2026. WHEREAS, the Interlocal Cooperation Act, RCW 39.34 allows public agencies to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage to provide services and facilities that will best meet the needs of each community; and WHEREAS, environmental contamination at Hanford and the U.S. Department of Energy’s consequential environmental remediation and waste management activities impose numerous health, safety, and socio-economic impacts on the well-being of the residents of Richland, Kennewick, Pasco, West Richland, and unincorporated portions of Benton and Franklin Counties; and WHEREAS, the vast majority of those who work at Hanford live in and around the Cities of Richland, Kennewick, Pasco, and West Richland; and the counties therein; and WHEREAS, although each jurisdiction fully reserves the right to pursue its own interests with regard to Hanford, through joint utilization of personnel and other resources these jurisdictions are desirous of entering into a program to review, evaluate and monitor conditions at Hanford and policies, programs and operations of the Department of Energy (DOE) and others in regard to Hanford. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between Cities of West Richland, Kennewick, Richland, as well as the Counties of Franklin County and Benton County and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that this Resolution shall take effect immediately. Page 156 of 334 Resolution – 2022-26 Hanford Communities ILA - 2 PASSED by the City Council of the City of Pasco, Washington this ___ day of January, 2022. _____________________________ Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 157 of 334 AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL GOVERNMENTS TO REVIEW, EVALUATE, AND MONITOR CONDITIONS AND OPERATIONS AT THE HANFORD NUCLEAR RESERVATION (HANFORD) AND ESTABISHING THE HANFORD COMMUNITIES This INTERLOCAL AGREEMENT, effective the 1st day of January, 20172022, is hereby entered into by and between the Cities of Richland, Kennewick, Pasco, and West Richland, and the Counties of Benton and Franklin (hereinafter referred to as “Participating Jurisdictions”). WHEREAS, the Interlocal Cooperation Act, RCW 39.34 allows public agencies to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage to provide services and facilities that will best meet the needs of each community; and WHEREAS, environmental contamination at Hanford and the U.S. Department of Energy’s consequential environmental remediation and waste management activities impose numerous health, safety, and socio-economic impacts on the well-being of the residents of Richland, Kennewick, Pasco, West Richland, and unincorporated portions of Benton and Franklin Counties; and WHEREAS, the vast majority of those who work at Hanford live in and around the Cities of Richland, Kennewick, Pasco, and West Richland; and the counties therein; and WHEREAS, although each jurisdiction fully reserves the right to pursue its own interests with regard to Hanford, through joint utilization of personnel and other resources these jurisdictions are desirous of entering into a program to review, evaluate and monitor conditions at Hanford and policies, programs and operations of the Department of Energy (DOE) and others in regard to Hanford, NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed in accordance with the provisions of RCW 39.34.030 as follows: I. PURPOSE The purpose of this Agreement is to make available jointly to the Participating Jurisdictions technical, analytical, and other resources to review, evaluate and monitor conditions at Hanford such as cleanup, workforce and community transition. Information will also be made available regarding policies, programs and operations of the DOE and others with regard to Hanford, and to enhance citizen understanding of such. To that end, the Participating Jurisd ictions have established and periodically renew this Interlocal Cooperation Agreement creating an organization administrative entity to be known as the “Hanford Communities” to: 1. Coordinate efforts concerning Hanford activities and issues requiring local government interaction or participation between the Hanford Communities, the DOE, local, state, and national agencies; 2. Interact with the DOE, the Washington State Department of Ecology, the U. S. Environmental Protection Agency, and others regarding Hanford environmental contamination, remediation, waste management, response to emergencies, and work force and site transition issues; Page 158 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 3. Evaluate reports, findings, and recommendations regarding ongoing, planned and possible cleanup and waste management activities at Hanford, including actual or potential environmental and socio-economic impacts on the Hanford Communities or individual Participating Jurisdictions; 4. Prepare special studies, assessments, surveys, and related efforts regarding Hanford for the use of the Hanford Communities or individual Participating Jurisdictions and/or to further public information and enhance citizen understanding of Hanford-related issues; and 5. Prepare and issue position papers, give testimony, and sponsor other activities designed to inform the public about environmental, waste management, emergency management, and site transition activities; and 6. Prepare and present issue papers and sponsor activities in support of workforce and community transition issues. II. ORGANIZATION 1. Eligibility: Full membership in the Hanford Communities Interlocal is limited to the cities of Richland, Kennewick, Pasco, and West Richland and the counties of Benton and Franklin. Affiliate memberships are open to local government entities other than general purpose governments. 2. Governing Board: The governing bodies of each Participating Jurisdiction shall identify one (1) elected legislative representative from its governing body to serve on the Governing Board of the Hanford Communities. Governing Board members shall focus on addressing issues at the policy level and shall advocate positions consistent with the annual Issue Agenda. 3. Administrative Board: The chief administrative officers, or designees, of the Participating Jurisdictions shall constitute the Administrative Board of the Hanford Communities. Administrative Board members shall address the day-to-day activities of the Hanford Communities consistent with executing the policy decisions made by the Governing Board. 4. Operating Jurisdiction: The Operating Jurisdiction may be one of the Participating Jurisdictions or a third-party qualified to carry out the items enumerated in "Section I - Purpose" on behalf of the Hanford Communities. The Operating Jurisdiction's rules, regulations, and ordinances, unless otherwise specifically provided for herein, apply to the administrative entity. Employees of the administrative entity are employees of the Operating Jurisdiction, which shall provide all necessary support services. With oversight from the Administrative Board, the Operating Jurisdiction shall administer the Hanford Communities budget, from which authorized program expenses shall be reimbursed. The Operating Jurisdiction shall provide these reimbursed services at no administrative charge to participants of this lnterlocal Agreement. 4.5. Officers: There shall be a Chairperson and Vice-chairperson for the Governing Board and the Administrative Board, respectively. The Chairperson and Vice-chairperson shall be elected from among the membership of each board to serve one-year terms effective January 1 of each year. Commented [KH1]: Text of the first amendment to the 2019- 2021 ILA incorporated here. Page 159 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 III. ADMINISTRATION 1. Budget Preparation: The Operating Jurisdiction shall prepare a budget in accordance with its budget cycle based upon policies adopted by the Gov erning Board. The budget shall be approved by the Governing Board of the Hanford Communities. 2. Funding: Funds necessary to carry out this Agreement shall come from Participating Jurisdiction assessments and federal, state, and other grants. Assessments shall be based on a funding formula approved by the Hanford Communities Administrative Board. 3. Meetings: The Governing Board shall meet annually to approve the Hanford Communities budget and Issue Agenda for the coming year, and other times as needed. The Administrative Board will meet as needed, however, no event less frequently than quarterly duringbiannually each calendar year. Meetings of the Hanford Communities Governing Board shall be subject to the Washington Open Public Meetings Act. 4. Dispute Resolution: Disputes between or among the Participating Jurisdictions and affiliated members regarding the breach, interpretation or enforcement of this Agreement shall be first addressed by the parties in a good faith effort to resolve the dispute. Any remaining disputes shall be resolved by binding arbitration in accordance with RCW 7.04A and the Mandatory Rules of Arbitration. 5. Liability: To the extent any liability exceeds the insurance coverage of the Operating Jurisdiction, each remaining Participating Jurisdiction shall be jointly liable for the balance of claim in the same ration as their percentage contribution is to the annual budget. IV. DURATION OF THE AGREEMENT This Agreement shall be effective the 1st day of January, 2017 2022 when signed by the Participating Jurisdictions and shall continue through December 31, 20212026. The term of this Agreement may be extended thereafter with the written approval of the Participating Jurisdictions. V. OWNERSHIP OF PROPERTY All property, real and personal, acquired with Hanford Communities funds to carry out the purposes of this Agreement shall be be the property of the Hanford Communitiesowned by and between the Participating Jurisdictions in the same ratio as their percentage of contribution is to the annual budget. Real and personal property owned by the Operating Jurisdiction and used to service its contract with the Hanford Communities shall remain the property of the Operating Jurisdiction. In the event any property becomes surplus or upon partial or complete termination of this Agreement, property of the Hanford Communities shall be sold and the proceeds shall be divided between the Participating Jurisdictions in the same ratio as their percentage of contribution is to the annual budget. All documents, studies, and issue papers prepared for or on behalf of the Hanford Communities shall be available to Participating Jurisdictions and affiliates for all purpose s. The Operating Jurisdiction is responsible for maintaining Hanford Communities’ records consistent w ith state law for retention of public records, Ch. 40.14 RCW. The Washington Public Records Act shall apply to such records for any request made by the public. The Operating Jurisdiction shall serve as the public records officer for Hanford Communities. Commented [KH2]: Hanford Communities is an administrative entity, not a separate legal entity. It cannot legally own property. This suggestion can be modified to reflect any preferred split for divided ownership. Commented [KH3]: This can’t happen because Hanford Communities can’t own property. Commented [KH4]: To address the fact that the operating jurisdiction is not a city or county (and therefore not bound by the state’s retention schedule), but the records are public records that have to be maintained accordingly. Page 160 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 VI. AMENDMENT The Agreement may be amended upon written approval of a majority of the Governing Board. VII. WITHDRAWAL A jurisdiction may withdraw without penalty from this Agreement effective December 31 of any year, provided written notice is given to the Administrative Board no later than the preceding June 30. RICHLAND KENNEWICK __________________________ _________________________ Mayor, City of Richland Mayor, City of Kennewick Attest: Attest: __________________________ _________________________ Richland City Clerk Kennewick City Clerk Approved as to Form: Approved as to Form: __________________________ _________________________ City Attorney City Attorney PASCO WEST RICHLAND __________________________ _________________________ Mayor, City of Pasco Mayor, City of West Richland Attest: Attest: __________________________ _________________________ Pasco City Clerk West Richland City Clerk Approved as to Form: Approved as to Form: __________________________ _________________________ Pasco City Attorney West Richland City Attorney Page 161 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 BENTON COUNTY FRANKLIN COUNTY ___________________________ ___________________________ Chairman, Benton County Chairman, Franklin County Board of Commissioners Board of Commissioners Attest: Attest: __________________________ ____________________________ Clerk of the Board, Benton County Clerk of the Board, Franklin County Approved as to Form Approved as to Form: __________________________ __________________________ Benton County Civil Deputy Franklin County Civil Deputy Prosecuting Attorney Prosecuting Attorney Page 162 of 334 AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL GOVERNMENTS TO REVIEW, EVALUATE, AND MONITOR CONDITIONS AND OPERATIONS AT THE HANFORD NUCLEAR RESERVATION (HANFORD) AND ESTABISHING THE HANFORD COMMUNITIES This INTERLOCAL AGREEMENT, effective the 1st day of January, 2022, is hereby entered into by and between the Cities of Richland, Kennewick, Pasco, and West Richland, and the Counties of Benton and Franklin (hereinafter referred to as “Participating Jurisdictions”). WHEREAS, the Interlocal Cooperation Act, RCW 39.34 allows public agencies to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage to provide services and facilities that will best meet the needs of each community; and WHEREAS, environmental contamination at Hanford and the U.S. Department of Energy’s consequential environmental remediation and waste management activities impose numerous health, safety, and socio-economic impacts on the well-being of the residents of Richland, Kennewick, Pasco, West Richland, and unincorporated portions of Benton and Franklin Counties; and WHEREAS, the vast majority of those who work at Hanford live in and around the Cities of Richland, Kennewick, Pasco, and West Richland; and the counties therein; and WHEREAS, although each jurisdiction fully reserves the right to pursue its own interests with regard to Hanford, through joint utilization of personnel and other resources these jurisdictions are desirous of entering into a program to review, evaluate and monitor conditions at Hanford and policies, programs and operations of the Department of Energy (DOE) and others in regard to Hanford, NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed in accordance with the provisions of RCW 39.34.030 as follows: I. PURPOSE The purpose of this Agreement is to make available jointly to the Participating Jurisdictions technical, analytical, and other resources to review, evaluate and monitor conditions at Hanford such as cleanup, workforce and community transition. Information will also be made available regarding policies, programs and operations of the DOE and others with regard to Hanford, and to enhance citizen understanding of such. To that end, the Participating Jurisdictions have established and periodically renew this Interlocal Cooperation Agreement creating an administrative entity to be known as the “Hanford Communities” to: 1. Coordinate efforts concerning Hanford activities and issues requiring local government interaction or participation between the Hanford Communities, the DOE, local, state, and national agencies; 2. Interact with the DOE, the Washington State Department of Ecology, the U. S. Environmental Protection Agency, and others regarding Hanford environmental contamination, remediation, waste management, response to emergencies, and work force and site transition issues; Page 163 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 3. Evaluate reports, findings, and recommendations regarding ongoing, planned and possible cleanup and waste management activities at Hanford, including actual or potential environmental and socio-economic impacts on the Hanford Communities or individual Participating Jurisdictions; 4. Prepare special studies, assessments, surveys, and related efforts regarding Hanford for the use of the Hanford Communities or individual Participating Jurisdictions and/or to further public information and enhance citizen understanding of Hanford-related issues; and 5. Prepare and issue position papers, give testimony, and sponsor other activities designed to inform the public about environmental, waste management, emergency management, and site transition activities; and 6. Prepare and present issue papers and sponsor activities in support of workforce and community transition issues. II. ORGANIZATION 1. Eligibility: Full membership in the Hanford Communities Interlocal is limited to the cities of Richland, Kennewick, Pasco, and West Richland and the counties of Benton and Franklin. Affiliate memberships are open to local government entities other than general purpose governments. 2. Governing Board: The governing bodies of each Participating Jurisdiction shall identify one (1) elected legislative representative from its governing body to serve on the Governing Board of the Hanford Communities. Governing Board members shall focus on addressing issues at the policy level and shall advocate positions consistent with the annual Issue Agenda. 3. Administrative Board: The chief administrative officers, or designees, of the Participating Jurisdictions shall constitute the Administrative Board of the Hanford Communities. Administrative Board members shall address the day-to-day activities of the Hanford Communities consistent with executing the policy decisions made by the Governing Board. 4. Operating Jurisdiction: The Operating Jurisdiction may be one of the Participating Jurisdictions or a third-party qualified to carry out the items enumerated in "Section I - Purpose" on behalf of the Hanford Communities. The Operating Jurisdiction's rules, regulations, and ordinances, unless otherwise specifically provided for herein, apply to the administrative entity. Employees of the administrative entity are employees of the Operating Jurisdiction, which shall provide all necessary support services. With oversight from the Administrative Board, the Operating Jurisdiction shall administer the Hanford Communities budget, from which authorized program expenses shall be reimbursed. The Operating Jurisdiction shall provide these reimbursed services at no administrative charge to participants of this lnterlocal Agreement. 5. Officers: There shall be a Chairperson and Vice-chairperson for the Governing Board and the Administrative Board, respectively. The Chairperson and Vice-chairperson shall be elected from among the membership of each board to serve one-year terms effective January 1 of each year. Page 164 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 III. ADMINISTRATION 1. Budget Preparation: The Operating Jurisdiction shall prepare a budget in accordance with its budget cycle based upon policies adopted by the Governing Board. The budget shall be approved by the Governing Board of the Hanford Communities. 2. Funding: Funds necessary to carry out this Agreement shall come from Participating Jurisdiction assessments and federal, state, and other grants. Assessments shall be based on a funding formula approved by the Hanford Communities Administrative Board. 3. Meetings: The Governing Board shall meet annually to approve the Hanford Communities budget and Issue Agenda for the coming year, and other times as needed. The Administrative Board will meet as needed, however, no less frequently than biannually each calendar year. Meetings of the Hanford Communities Governing Board shall be subject to the Washington Open Public Meetings Act. 4. Dispute Resolution: Disputes between or among the Participating Jurisdictions and affiliated members regarding the breach, interpretation or enforcement of this Agreement shall be first addressed by the parties in a good faith effort to resolve the dispute. Any remaining disputes shall be resolved by binding arbitration in accordance with RCW 7.04A and the Mandatory Rules of Arbitration. 5. Liability: To the extent any liability exceeds the insurance coverage of the Operating Jurisdiction, each remaining Participating Jurisdiction shall be jointly liable for the balance of claim in the same ration as their percentage contribution is to the annual budget. IV. DURATION OF THE AGREEMENT This Agreement shall be effective the 1st day of January, 2022 and shall continue through December 31, 2026. The term of this Agreement may be extended thereafter with the written approval of the Participating Jurisdictions. V. OWNERSHIP OF PROPERTY All property, real and personal, acquired with Hanford Communities funds to carry out the purposes of this Agreement shall be owned by and between the Participating Jurisdictions in the same ratio as their percentage of contribution is to the annual budget. Real and personal property owned by the Operating Jurisdiction and used to service its contract with the Hanford Communities shall remain the property of the Operating Jurisdiction. All documents, studies, and issue papers prepared for or on behalf of the Hanford Communities shall be available to Participating Jurisdictions and affiliates for all purposes. The Operating Jurisdiction is responsible for maintaining Hanford Communities’ records consistent with state law for retention of public records, Ch. 40.14 RCW. The Washington Public Records Act shall apply to such records for any request made by the public. The Operating Jurisdiction shall serve as the public records officer for Hanford Communities. VI. AMENDMENT The Agreement may be amended upon written approval of a majority of the Governing Board. Page 165 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 VII. WITHDRAWAL A jurisdiction may withdraw without penalty from this Agreement effective December 31 of any year, provided written notice is given to the Administrative Board no later than the preceding June 30. RICHLAND KENNEWICK __________________________ _________________________ Mayor, City of Richland Mayor, City of Kennewick Attest: Attest: __________________________ _________________________ Richland City Clerk Kennewick City Clerk Approved as to Form: Approved as to Form: __________________________ _________________________ City Attorney City Attorney PASCO WEST RICHLAND __________________________ _________________________ Mayor, City of Pasco Mayor, City of West Richland Attest: Attest: __________________________ _________________________ Pasco City Clerk West Richland City Clerk Approved as to Form: Approved as to Form: __________________________ _________________________ Pasco City Attorney West Richland City Attorney Page 166 of 334 Hanford Communities Interlocal Agreement (2022-2026) Page 5 BENTON COUNTY FRANKLIN COUNTY ___________________________ ___________________________ Chairman, Benton County Chairman, Franklin County Board of Commissioners Board of Commissioners Attest: Attest: __________________________ ____________________________ Clerk of the Board, Benton County Clerk of the Board, Franklin County Approved as to Form Approved as to Form: __________________________ __________________________ Benton County Civil Deputy Franklin County Civil Deputy Prosecuting Attorney Prosecuting Attorney Page 167 of 334 AGENDA REPORT FOR: City Council December 15, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 1/3/22 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Professional Services Agreement for Design of Sylvester Street Safety Improvements I. REFERENCE(S): Resolution Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________, authorizing execution of the HDR with Manager City Agreement by Services Professional the Engineering, Inc. for the design of the Sylvester Street Safety Improvements Project. III. FISCAL IMPACT: Professional Service Agreement: $671,854.61 Funding: The project is funded by grants from both the Federal Highway Safety Improvement Program (HSIP) and the State Pedestrian/Bicycle Program and local match as authorized in the adopted 2021/2022 budget as amended. HSIP Award (Federal) $1,522,900 Ped/Bike Program (State) $2,675,800 Local Match $ 702,200 Total Funding $4,900,900 IV. HISTORY AND FACTS BRIEF: Sylvester Street is an east-west minor arterial in the southern portion of the city connecting residential areas to downtown Pasco. The City’s 2020 Local Road Safety Plan identified Sylvester Street as a major corridor in need of safety Page 168 of 334 mitigation measures due to vehicle crash rates. Further, Council has received recent testimony from community members who live along the corridor expressing safety concerns. The project extends from 3rd Avenue to Road 54, excluding the overpass at SR 395. The project scope involves converting the undivided four-lane roadway segment into a three-lane roadway segment with one travel lane in each direction, a center left-turn lane, and bicycle lanes on both sides. The project will narrow the width of the travel lanes, lower t he posted speed limit, and address much-needed pedestrian facilities. West of Rd. 54, the road narrows to two lanes. Improvements east of US 395 include signal adjustments and pedestrian infrastructure retrofits. Improvements west of US 395 include a the construction of sidewalks, curb and gutter, stormwater improvements, and the installation of rapid flashing beacons at three (3) pedestrian crossing locations. These measures reflect Council’s vision as adopted in the Complete Streets ordinance and Council Goals and are key to increasing safety to all modes of transportation and reducing collisions along this critical transportation corridor. The scope of work associated with this Professional Services Agreement covers design and right-of-way acquisition. The scope as included in Exhibits A-1 and A-2 of the PSA is divided in accordance with the HSIP and Ped/Bike grant awards, respectively. This division will help facilitate expenditure tracking and grant reimbursements. Tasks included in this agreement are: • Task 1: Project Management and administration • Task 2: Survey, Mapping, and Right of Way • Task 3: Traffic Analysis • Task 4: Conceptual Design • Task 5: Environmental Documentation and Permitting • Task 6: Final Design – PS&E • Task 7: Real State Services (RES) • Task 8: Bidding Phase assistance • Task 9: Public Involvement Program • Task 10: Management Reserve Fund • Task 11: Construction Support services – this is a placeholder for the construction phase and will be more specifically scoped at a later time. V. DISCUSSION: Page 169 of 334 The City issued a Request for Qualifications in September of 2021 for design and right-of-way acquisition services. Eight (8) Statement of Qualifications (SOQs) were received and scored by a selection committee. The committee found HDR Engineering, Inc. to be the highest qualified consultant, along with its sub-consultants, to provide services for this project. The selection was completed in November 2021 and scope and fee negotiations followed. Staff recommends approval of the Professional Services Agreement (PSA) with HDR Engineering, Inc. for the Sylvester Street Safety Improvements Project in the amount of $671,854.61. Page 170 of 334 Resolution – PSA with HDR Engineering, Inc Sylvester Street Safety Improvements Project Resolution - 1 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT BY THE CITY MANAGER WITH HDR ENGINEERING, INC. FOR THE DESIGN OF THE SYLVESTER STREET SAFETY IMPROVEMENTS PROJECT. WHEREAS, the City of Pasco, Washington requires professional services from an engineering firm for the purpose of professional engineering services for design, right-of-way and construction support for the Sylvester Street Safety Improvements Project that will consist of road reconfiguration and pedestrian and bicycle improvements between Road 54 and N. 3rd Avenue; and WHEREAS, the City of Pasco published an announcement of its Request for Qualifications (RFQ) related to its need for professional services for the Sylvester Street Safety Improvements Project as required by RCW 39.80.030; and WHEREAS, the City of Pasco reviewed and scored eight (8) responses that were received, interviewed the top three (3) ranked proposing consultants, and determined HDR Engineering, Inc. to be the most highly qualified 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 agreement with HDR Engineering, Inc. based on the estimated value of the services including their scope, complexity, and professional nature; and WHEREAS, the City of Pasco hereby finds that HDR Engineering, Inc. is the most highly qualified firm to perform the necessary design services for the Sylvester Street Safety Improvements Project, and the negotiated contract is both fair and reasonable, for an amount not to exceed $671,854.61. 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 Local Agency A&E Professional Services Agreement Cost Plus Fixed Fee Consultant Agreement with HDR Engineering, Inc., 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 Page 171 of 334 Resolution – PSA with HDR Engineering, Inc Sylvester Street Safety Improvements Project Resolution - 2 Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. PASSED by the City Council of the City of Pasco, Washington, this ___ day of January, 2022. _____________________________ Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 172 of 334 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Total Amount Authorized: Management Reserve Fund: Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 173 of 334 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I.General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III.General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 174 of 334 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV.Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Page 3 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 175 of 334 V.Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT. A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and “E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT.Agreement Number: Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 176 of 334 4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D” and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled “Termination of Agreement.” 5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, “Extra Work.” 6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 177 of 334 D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager. VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Agreement Number: Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 178 of 334 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII.Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 •Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324)• 23 CFR Part 200 •Rehabilitation Act of 1973 49 CFR Part 21(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26•Age Discrimination Act of 1975 •RCW 49.60.180(42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX.Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Page 7 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 179 of 334 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X.Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Page 8 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 180 of 334 XII.Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Page 9 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 181 of 334 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker’s compensation and employer’s liability insurance as required by the STATE. B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. Agreement Number: Page 10 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 182 of 334 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII.Extra Work A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV.Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV.Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI.Certification of the Consultant and the Agency Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 183 of 334 XVII.Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII.Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX.Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Page 12 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 184 of 334 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information. XX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Page 13 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 185 of 334 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Page 14 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 186 of 334 Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 187 of 334 Page Break to Exhibit A1 Page 188 of 334 Scope of Services Sylvester Street Safety Improvements - HSIP Design, Right-of -Way and PS&E Services City of Pasco, WA December 15, 2021 Page 189 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 1 TABLE OF CONTENTS INTRODUCTION ..................................................................................................................... 4 Background.......................................................................................................................... 4 Project Description ............................................................................................................... 4 Project Team ....................................................................................................................... 5 Scope of Work ..................................................................................................................... 5 Major Milestone Schedule .................................................................................................... 5 Quality Assurance / Quality Control ...................................................................................... 6 Change Management ........................................................................................................... 6 Subconsultant Coordination.................................................................................................. 6 DBE Goal............................................................................................................................. 7 Project Assumptions............................................................................................................. 7 General Assumptions ........................................................................................................ 7 Design Standards and References .................................................................................... 8 Services Not Required ...................................................................................................... 9 PROJECT TASKS .................................................................................................................. 9 TASK 1A PROJECT MANAGEMENT AND ADMINISTRATION............................................. 9 1.1 Project Management, Invoicing, and Controls .............................................................. 9 1.2 Project Team Coordination Meetings ......................................................................... 10 1.3 Project Schedule....................................................................................................... 11 TASK 2A SURVEY, MAPPING AND RIGHT OF WAY ......................................................... 12 2.1 Research, Existing Data Compilation and Survey Control .......................................... 12 2.2 Field Surveying and Base Mapping ........................................................................... 13 2.3 Right-of -Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions .... 15 2.4 Supplemental Surveys (FUTURE) ............................................................................. 15 TASK 3A TRAFFIC ANALYSIS ........................................................................................... 15 3.1 Data Collection ......................................................................................................... 15 3.1.1 Traffic Counts ................................................................................................. 15 3.1.2 Field Observations .......................................................................................... 16 3.1.3 Other Data ...................................................................................................... 16 3.2 Operations Analysis .................................................................................................. 16 3.2.1 Software ......................................................................................................... 16 3.2.2 Scenarios ....................................................................................................... 16 3.2.3 Traffic Growth Estimates ................................................................................. 17 3.2.4 Measures of Effectiveness .............................................................................. 17 TASK 4A CONCEPTUAL DESIGN ...................................................................................... 17 4.1 Conceptual Design.................................................................................................... 17 4.1.1 Altern atives Analysis ....................................................................................... 17 4.2 30% Engineer’s Estimate .......................................................................................... 18 4.3 30% Roadway Design ............................................................................................... 18 4.3.1 Typical Roadway Sections .............................................................................. 18 4.3.2 Plan and Profile (PED & BIKE PROJECT) ....................................................... 18 4.3.3 Pavement Marking (SAFETY PROJECT) ........................................................ 19 Page 190 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 2 4.3.4 Drainage (PED & BIKE PROJECT) ................................................................. 19 4.4 30% Traffic Design.................................................................................................... 19 4.4.1 Inventory Signal Equipment (SAFETY PROJECT) ........................................... 19 4.4.2 Signal Design (SAFETY PROJECT) ................................................................ 19 4.4.3 Sign Design (SAFETY PROJECT) .................................................................. 20 4.4.4 Pedestrian Crossing Locations and Illumination Design (PED & BIKE PROJECT) 20 4.5 Utility Notification and Relocation Coordination .......................................................... 20 4.6 30% Submittal .......................................................................................................... 21 4.6.1 30% Plan Sheet List........................................................................................ 23 TASK 5A ENVIRONMENTAL DOCUMENTATION & PERMITTING ..................................... 24 5.1 Administration and Invoicing...................................................................................... 24 5.2 Environmental Kick-off Meeting and Site Visit. ........................................................... 24 5.3 NEPA Categorical Exclusion ..................................................................................... 24 5.4 SEPA Checklist Preparation ...................................................................................... 25 5.5 Supplemental Environmental Permitting Support (Contingency) ................................. 25 TASK 6A FINAL DESIGN - PS&E ....................................................................................... 26 6.1 General .................................................................................................................... 26 6.2 Typical Roadway Sections ........................................................................................ 27 6.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation ............. 28 6.4 Plan and Profile Plans (PED & BIKE PROJECT) ....................................................... 28 6.5 Intersection Grading Plans ........................................................................................ 28 6.6 Paving Details........................................................................................................... 29 6.7 Drainage System Details and Design (PED & BIKE PROJECT) ................................. 29 6.8 Pavement Marking and Signing Plans, Schedules & Details....................................... 29 6.9 Traffic Signal Plans and Details (SAFETY PROJECT) ............................................... 30 6.10 RRFB, Plans and Details (PED & BIKE PROJECT)............................................... 30 6.11 Staging and Traffic Control Plans ......................................................................... 30 6.12 60% Design Verification Meeting .......................................................................... 31 6.12.1 60% Plans ...................................................................................................... 31 6.12.2 60% Specifications.......................................................................................... 31 6.12.3 60% Engineer’s Estimate ................................................................................ 31 6.13 90% Submittal...................................................................................................... 31 6.13.1 90% Plans ...................................................................................................... 31 6.13.2 Final Plan Sheet List ....................................................................................... 32 6.13.3 90% Specifications.......................................................................................... 32 6.13.4 90% Engineer’s Estimate ................................................................................ 32 6.14 Ad -Ready Submittal ............................................................................................. 33 6.14.1 Ad -Ready Plans .............................................................................................. 33 6.14.2 Ad -Ready Specifications ................................................................................. 33 6.14.3 Ad -Ready Engineer’s Estimate ........................................................................ 33 6.14.4 Construction Schedule .................................................................................... 33 TASK 7A REAL ESTATE SERVICES (RES) ....................................................................... 33 7.1 Real Estate Services Management............................................................................ 34 Page 191 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 3 7.2 Property Descriptions and Valuations ........................................................................ 35 7.3 Valuation Process (AOS/Appraisal/Appraisal Review)................................................ 36 7.4 Acquisition and Negotiation Services ......................................................................... 37 7.5 Certification .............................................................................................................. 39 TASK 8A BIDDING PHASE ASSISTANCE ......................................................................... 40 TASK 9A PUBLIC INVOLVEMENT PROGRAM .................................................................. 40 9.1 Project Exhibits ......................................................................................................... 41 9.2 Open Houses and Council Briefings .......................................................................... 41 TASK 10A MANAGEMENT RESERVE FUND ....................................................................... 41 TASK 11A CONSTRUCTION SUPPORT SERVICES (FUTURE) ........................................... 42 Page 192 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 4 INTRODUCTION During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Pasco (CITY) in connection with the following projects: Sylvester Street Safety Improvements - HSIP (SAFETY PROJECT). The Sylvester Street Safety Improvements – Ped/Bike Program (PED & BIKE PROJECT) are outlined under a separate scope of work within this agreement. Combined they are the PROJECT. Background Sylvester Street is an east-west minor arterial that connects residential areas of the City to downtown Pasco. The City of Pasco 2020 Local Road Safety Plan identified Sylvester Street as one of the major corridors in need of safety mitigation measures. The Plan recommends reducing lanes, which has been shown to reduce collisions and provide safer conditions for pedestrians. The City has been awarded two separate grants for these improvements through the Washington State Department of Transportation (WSDOT ) City Safety Program and Pedestrian and Bicycle Program. The City Safety Program application received a Highway Safety Improvement Program (HSIP) grant which will fund design and construction of pavement markings along Sylvester Street between 3rd Avenue to Road 54. This grant will also fund intersection improvements, including ADA upgrades as needed along the corridor between the U.S. Route 395 overpass and 3rd Avenue with traffic signal adjustments along the corridor. This portion of the PROJECT is the Sylvester Street Safety Improvements SAFETY PROJECT. The Pedestrian and Bicycle grant will fund sidewalk, curb and gutter, drainage improvements and pedestrian rectangular rapid flashing beacons (RRFBs) west of US-395. This portion of the PROJECT is the Sylvester Street Ped & Bike Improvements PED & BIKE PROJECT , which is outlined in a separate scope of work. Project Description This PROJECT plans to convert an undivided four-lane roadway segment into a three-lane roadway segment with two travel lanes, a center turn lane, and bicycle lanes. The PROJECT will narrow the width of the travel lanes, lower the posted speed limit, and construct pedestrian enhancements (ADA retrofits) on West Sylvester Street between Road 54 and N 3rd Avenue. Additionally, traffic signal adjustments are anticipated at the following locations: 1. W Sylvester St and N 4th Ave 2. W Sylvester St and N 5th Ave 3. W Sylvester St and N 10th Ave 4. W Sylvester St and 14th Ave 5. W Sylvester St and 20th Ave (minor signal adjustments only) 6. W Sylvester St and Road 28 Page 193 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 5 For reference, the PED & BIKE PROJECT not included in this scope will install sidewalk, curb and gutter, stormwater improvements, and rapid flashing beacons at three (3) locations on Sylvester Street between Road 54 and the west side of the US-395 overpass. Sidewalk improvements are planned on the north and south side of the roadway. The US-395 crossing, including bridge approaches and the bridge itself, is excluded from the PROJECT , but proposed improvements will be compatible with a future pedestrian crossing planned on the south side of the Sylvester Street Overpass. Project T eam This scope of work uses the following references for PROJECT team members: • CITY = City of Pasco - PROJECT Sponsor and owner of facilities within City of Pasco rights-of -way • BFT = Ben -Franklin Transit (PROJECT Stakeholder) • WSDOT = Washington State Department of Transportation (PROJECT Funding Agency, Stakeholder and Approving Agency) • CONSULTANT = The HDR Consultant Team o HDR = HDR Engineering, Inc. (Prime Consultant on the PROJECT) o 1 Alliance = 1 Alliance Geomatics, LLC - subconsultant to HDR (Surveying, Utility Locates, Right-of -Way , Legal Descriptions, Legal E xhibits) o AEC = Anderson Environmental Consulting LLC subconsultant to HDR (Environmental Permitting) Scope of Work This scope of work includes project management, road way design, survey, utility notification and relocation coordination, PS&E development, traffic engineering and analysis, temporary traffic control and staging, permitting, right of way acquisition, environmental review and documentation, public involvement support, and bidding phase assistance. Portions of the scope of work are identified as future work to be added by supplement to this contract prior to those phases of work, including construction support services. Major Milestone Schedule The following are major schedule milestones for the project: Notice to Proceed ....................................... December 2021 Conceptual Design ..................................... May 2022 SEPA Submittal…………… ......................... July 2022 60% Design ................................................ August 2022 90% Design ................................................ December 2022 ROW Acquisition Complete ......................... January 2023 Ad -Ready ................................................... January 2023 Bidding Phase............................................. Spring 2023 Page 194 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 6 Quality Assurance / Quality Control The CONSULTANT’s Quality Assurance Checklist will be completed and submitted by the CONSULTANT with each Plan submittal. Bid Ready PS&E work submitted to the CITY shall be stamped and signed by a professional engineer in the State of Washington. Milestone Plans, Specs, and Estimate submittals shall not be stamped and will be marked “Not for Construction”. The CONSULTANT will upload submittals to the PROJECT FTP site or OneDrive, provided by the CITY. The CITY will contact PROJECT stakeholders to download and review submittals. Stakeholders may include but are not limited to CITY Departments as appropriate (e.g. Police, Fire, Public Works Operations), Franklin Public Utility District, Cascade Natural Gas, Frontier, Comcast, Lumen, USPS, and BFT. The CITY will summarize the PROJECT stakeholder review comments of each plan submittal and transmit a single document that contains the compiled stakeholder comments to the CONSULTANT in a Review Ledger. The CONSULTANT will respond to the CITY’s comments in the Review Ledger by indicating the actions taken on each comment within two weeks, verifying that CITY comments have been addressed (or provide written response as to why the changes have not been made). Each plan submittal will include a comment review discussion between the CITY and the CONSULTANT. This meeting will be a collaboration session to chart the path forward to the next submittal and address any concerns that were observed during submittal review. Change Management This is a time and materials contract, with a not to exceed maximum contract value. If the scope of work increases or decreases as it relates to this scope of work, then an adjustment to the associated fees and delivery schedule will be implemented once the CITY and the CONSULTANT mutually agree on the terms of the change and an agreement to formalize the terms is executed. Subconsultant Coordination The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. The CONSULTANT shall coordinate with SUBCONSULTANTs regarding contracting procedures, shall prepare and execute contracts with individual SUBCONSULTANTs, and shall address contract-related issues with the SUBCONSULTANTs as they arise during the project. SUBCONSULTANTs will prepare Quality Control plans and complete QC on all deliverables. The CONSULTANT will perform a Quality Audit to ensure the SUBCONSULTANT followed their QC plan. The work of the SUBCONSULTANT shall not exceed its maximum amount payable unless the CITY has issued prior written approval. Either a percent of the SUBCONSULTANT agreement or direct labor should be noted for administrative costs in the fee estimate and invoices. Subcontracts shall contain applicable provisions of this AGREEMENT. Page 195 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 7 DBE Goal This PROJECT has a mandatory Disadvantaged Business Enterprise (DBE) goal of thirteen percent (13%). This goal was established by WSDOT on August 24th, 2021. This PROJECT does not have a voluntary Small Business Enterprise (SBE) goal. There is no training hour requirement on this PROJECT. Project Assumptions General Assumptions This scope of work is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: 1. The CONSULTANT Pr incipal-in-Charge for this work will be Michael A. Pawlak, PE. The CONSULTANT Project Manager for this work will be Dustin L. Posten, PE. The CITY’s Project Manager for this project will be Jacob Sevigny, PE. 2. The CITY will provide to the CONSULTANT p ertinent information in the CITY’s possession relating to the PROJECT . The CONSULTANT will rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. 3. The PROJECT will include separate schedules of work consistent with the grant funding breakdown but one Contract Plan s, Specs, and Estimate will be developed for the PROJECT . 4. The CITY shall provide or make available the following items to the CONSULTANT: a. CITY of Pasco Design Standards & Guidelines b. Existing GIS and survey mapping information of the project including but not limited to general utility location maps. c. Copies of existing record drawing information of the project area. d. Updated utility contact information. e. One set of consolidated review comments for each Major Milestone Submittal (30%, 60%, and 90%). f. Existing right-of -way plans for the PROJECT area. g. Signal timing information at the signals within the PROJECT limits on Sylvester Street h. Crash data at the study intersections as identified in the Traffic Analysis Section. 5. WSDOT standard bid items will be used for all items on the PROJECT, unless unavailable for items specified by special provisions. 6. Specifications will be developed based on WSDOT Standard Specifications incorporating the American Public Works Association (APWA) General Special Provisions (GSPs) and special provisions provided by the CITY. Administrative sections of the contract documents including advertisement for bids, information for bidders, and bid package information will be developed based on CITY provided templates and examples for consistency. 7. WSDOT will review and approve PROJECT elements that impact the US-395 / Sylvester Street intersection and traffic signal operation. 8. AutoCAD Civil3D 2020 design and drafting software will be utilized on the PROJECT. Page 196 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 8 9. The PROJECT will be hosted on an HDR ProjectWise server and HDR Title Blocks will be used for plan sheets with the CITY logo. 10. Stormshed 3G, Bentley StormCAD, FlowMaster, CivilStorm, and/or other hydrologic and hydraulic software will be utilized for drainage design. 11. AGI32 software will be used for illumination design, if needed. 12. MS Excel will be utilized for spreadsheets. 13. MS Word will be utilized for word processing. 14. MS Project will be utilized for scheduling. 15. MS Power Point will be utilized for presentations. 16. Survey will be in State Plane Coordinates with horizontal datum of NAD 83 (2011) and vertical datum of NAVD 88. 17. AutoTurn 11 will be utilized to evaluate vehicle turning movements as needed. 18. ESRI ArcGIS products will be used for the processing and presentation of geospatial information as needed. 19. Each memo deliverables defined in this scope of work includes a draft and final version of the memo deliverable. The CITY and Stakeholders will comment on the draft deliverable. The CITY will compile all comments and provide to the CONSULTANT. CONSULTANT will provide a proposed resolution in a comment log and will issue a final deliverable that incorporates the CITY’s and Stakeholder’s comments. 20. CITY comments to plans, specifications, and estimates (PS&E) will be cataloged by CITY. CONSULTANT will provide a proposed resolution in a comment log. CITY comments will be incorporated into later PS&E submittals. 21. Submittals will be in electronic format unless otherwise noted. All deliverables defined in this scope of work have an embedded quality control procedure, unless noted otherwise. 22. Construction bid estimates and other opinions of cost and schedule are estimates. Therefore, CONSULTANT makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates. 23. CITY will host and solicit bids from Contractors on their website www.cityofpascoplanroom.com Design Standards and References The project shall be developed in accordance with the latest edition, amendments, and revisions (as of execution of this AGREEMENT) of the following publications, where applicable: 1) City of Pasco Publications: a) City of Pasco Design and Construction Standards, Rev June 2020 2) State Publications a) 2023 Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10) b) Standard Plans for Road, Bridge, and Municipal Construction (M 21-01) c) WSDOT Design Manual (M 22-01.13) d) WSDOT Hydraulic Manual (M 23-03) e) Amendments to the General Special Provisions f) WSDOT Standard Item Table Page 197 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 9 g) WSDOT Highway Runoff Manual (M 31-16) h) WSDOT Environmental Manual (M 31-11) i) WSDOT Traffic Manual (M 51-02.08) j) WSDOT Local Agency Guidelines (M 36-63.32) 3) WA Department of Ecology (DOE) a) Stormwater Management Manual for Eastern Washington (SWMMEW) (2019) 4) American Association of State Highway and Transportation Officials (AASHTO) a) A Policy on Geometric Design of Highways and Streets (“Green Book”); 2018, 7th Edition b) Any AASHTO policies where said policy is not in conflict with the standards of the City of Pasco. 5) U.S. Department of Transportation Publications: a) Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition with Revision Numbers 1 and 2, dated May 2012) 6) Other Publications a) National Electric Code b) Illuminating Engineering Society (IES) Lighting Library c) Book of American Society for Testing and Materials Standards d) Institute of Transportation Engineers (ITE) Trip Generation (10th Edition) e) Highway Capacity Manual (6th Edition), Transportation Research Board f) American Public Works Association General Special Provisions Services Not Required • WSDOT City Safety Program and Pedestrian and Bicycle Program Grant reimbursement requests and reporting will be performed by the CITY. • Structural engineering for structures, retaining walls, or special signs. • WSDOT Intersection Plan for Approval and Intersection Control Evaluation (ICE) will not be required at the Sylvester Street/US-395 off-ramp intersection. PROJECT TASKS TASK 1A Project Management and Administration 1.1 Project Management, Invoicing, and Controls The purpose of this task is to describe those services necessary to plan, perform, and control the various elements of the PROJECT so that this scope of work is delivered by CONSULTANT. Activities: • The CONSULTANT shall provide an experienced project manager to oversee, schedule and manage the work of the Project Team. Page 198 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 10 • The CONSULTANT shall provide management, coordination, and direction to the CONSULTANT’S staff to complete the PROJECT as provided in this scope of services on the schedule included and within budget. The CONSULTANT shall provide project management activities associated with filing, contract initiation, oversight of subconsultants, preparation of invoices, documentation of meetings, and other internal administrative tasks. • The CONSULTANT shall main tain a change log for the tasks defined in this scope of work. The change log will document items of work that deviate from the key understanding and assumptions defined in the scope for work. • The CONSULTANT shall maintain a risk register for the tasks def ined in the scope of work. The risk register will document items of work that pose risk to the PROJECT and require input from stakeholders to resolve. • The CONSULTANT shall transmit electronic copies of deliverables defined in the scope of work to the CITY. The CONSULTANT shall keep a log of deliverable documents transmitted to the CITY. The log will include document name, type, version, and date. • The CONSULTANT shall prepare a Project Management Plan (PMP) outlining the project scope, team organization, budget, schedule, and communications plan. The PMP will also include the PROJECT Quality Assurance / Quality Control Plan and Project Health and Safety Plan. • The CONSULTANT shall provide monthly invoices and detailed progress report. • The CONSULTANT shall assemble project documentation, records, and prepare electronic files to be retained by the CONSULTANT and transmitted to the CITY in accordance with this AGREEMENT. • The CONSULTANT shall coordinate with SUBCONSULTANTs to review, negotiate, and approve agreements, invoices, and modifications in accordance with this AGREEMENT. Assumptions: • The contract duration is assumed to be from December 2021 through January 2023, or 14 months. Deliverables: • Monthly invoice documenting cost to date by activity • Monthly progress report detailing activities performed • Monthly log of deliverable materials transmitted to the CLIENT • CONSULTANT Quality Management Plan (for information only, no review) • Quality Assurance Documentation by deliverable • CONSULTANT Project Management Plan (for information only, no review) 1.2 Project Team Coordination Meetings The purpose of this task is to identify meetings for the CITY, the CONSULTANT, and third parties to coordinate and review the design of the overall PROJECT during the development of the PROJECT design. Page 199 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 11 Activities: • The CONSULTANT shall attend and support the CITY in an initial overall team kickoff meeting as organized by the CITY. • The CONSULTANT shall organize and attend a monthly one-hour coordination meeting with the CITY to coordinate the elements of design contained in the scope of work. The CONSULTANT shall detail PROJECT action items and proposed resolutions in a tracking log. The CONSULTANT Project Manager will attend all meetings with the Traffic and Roadway leads attending half of the meetings. • The CONSULTANT shall attend up to 6 additional meetings to support the CITY with PROJECT stakeholder briefings, negotiations, and coordination, such as with WSDOT, Utilities, City Staff , Property Owners, or PROJECT Stakeholders. The CONSULTANT Project Manager will attend all meetings with the Traffic and Roadway leads attending half of the meetings. • The CONSULTANT shall organize 6 monthly internal team coordination virtual meetings lasting one hour each to coordinate the design, discuss progress, review the schedule, and develop action items. The Project Manager, Traffic, Roadway , and RES leads will attend each meeting. Assumptions: • The initial kickoff meeting and coordination meetings will occur remotely using the CITY’s preferred virtual meeting software. HDR’s preference is Webex. The kickoff meeting and monthly coordination meeting will last one hour, without travel. CONSULTANT staff attending the initial kickoff meeting and monthly coordination meeting with the CITY shall include the Project Manager, Roadway and Traffic Lead. • CONSULTANT staff travels to/from in-person meetings (as needed) is reimbursable by the CITY, approximately 4 hours round-trip. • The CONSULTANT shall prepare and distribute meeting agendas for the meetings the CONSULTANT is organizing. • Additional technical meetings with the CITY or other third parties to support technical activities defined in the tasks below have been included in those tasks. Deliverables: • Meeting agenda prior to the meeting and minutes for meetings the CONSULTANT has organized within one week. 1.3 Project Schedule The purpose of this task is to outline the tasks and timeline necessary to plan, perform, and control the various elements of the PROJECT so that this scope of work is delivered by CONSULTANT. Activities: • HDR will prepare a schedule in Microsoft Project. The schedule will be baselined with approval of the planned tasks with the CITY PM and CONSULTANT PM. The PROJECT team will use the schedule, which will be updated quarterly with actual milestone Page 200 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 12 achievements, to check the budget, staffing levels, and where the deliverable schedule might be affected. These tools will be used to adjust staff assignments so that our schedule and fee commitments are met. PROJECT team meetings will enforce the schedule and hold team members accountable for progress on their components of the PROJECT. • PROJECT duration is anticipated to be 14 months from December 2021 through January 2023. Deliverables: • PROJECT Schedule • Quarterly PROJECT Schedule updates TASK 2A Survey, Mapping and Right of Way This task involves field surveying to densify horizontal and vertical control within the project limits, collecting existing topographic features and producing a project basemap and existing ground surface be used in design, and conducting additional survey work to supplement the basemap and surface as the design progresses. See image below for mapping limits. 2.1 Research, Existing Data Compilation and Survey Control This task includes the recovery of existing City of Pasco survey control and establishing supplemental control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GNSS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard traditional total station measurements. • This survey will be referenced to the City of Pasco horizontal and vertical datums: o Horizontal Datum NAD83. o Vertical Datum NAVD88. • Units shall be in US Survey Feet. Assumptions: • CONSULTANT will set up to six (6) control points suitable for use during construction. Page 201 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 13 Deliverables: • Set permanent control points in the field and provide control summary for incorporating into the Design Plans. 2.2 Field Surveying and Base Mapping This task includes the field surveying and mapping required for this specific effort. The CONSULTANT will be using a 3D Laser Scanner supplemented with a traditional Total Station and GPS technologies to collect the data for use in the creation of a basemap for the SAFETY PROJECT . This effort will be performed by or under the direct supervision of a Washington State professional land surveyor. Within 100-feet of Signalized Intersections: All visible surface features within the West Limits will be surveyed which include the edge of pavement, fences, signs, parking features, surface utilities, surface evidence of subsurface utilities, utility paint markings, pavement markings, guardrails, gates, and trees 4−inch diameter and greater. Utility measure downs for invert elevations and pipe sizes for storm drainage, sanitary sewer structures, and top of nut for water valves will not be performed. East Survey Limits: The curb & gutter and Pavement markings will be surveyed in a cross-section format every 100 feet along this corridor. Aerial imagery will be used for channelization design. This task includes 3D laser scanner for topographic surveying for five (5) intersections within the right-of -way which may include building faces, edge of pavement, fences, signs, bollards, surface utilities, utility paint marks, pavement markings, light poles, traffic signal equipment, and overhead utility lines. Surveying limits for these intersections is right-of -way to right-of-way and 100-feet beyond intersection radius. The intersections are along W. Sylvester Street are: • North 4th Avenue • North 5th Avenue • North 10th Avenue • 14th Avenue • Road 28 Utility measure downs for invert elevations and pipe sizes for storm drainage, sanitary sewer structures, and top of nut for water valves will not be performed. GIS information will be used to connect the underground utilities. Page 202 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 14 The CONSULTANT will be responsible to coordinate the underground utility locates. Locates for sub-surface utilities will be obtained prior to the commencement of field survey work. The utility locates will use the Northwest Utility Notification Center (NUNC). Should NUNC locates be insufficient, the CONSULTANT will notify the CLIENT for further instructions. This proposal does not include the expense for a private utility location service. This task includes the office processing of the collected survey data, data extraction, field book note reductions, CADD drafting, and other duties required for the generation of the deliverable(s). The 3D laser scanning effort sub-tasks include the registering of point clouds; evaluating the registrations; exporting the point cloud data to Civil3D; creating or picking of appropriate points in Civil3D; Linework and Layering, and standard CADD drafting of the deliverables, as required. The CONSULTANT will prepare a 1”=20’ comprehensive basemap adequate to support engineering design. The completed base map will be reviewed for accuracy by the Survey Quality Control Lead and any comments made during this review will be rectified and verified prior to release of the basemap. Assumptions: • No right-of -Entry (ROE) is anticipated to be required. However, if necessary, ROEs will be obtained by the CITY. The ROE will extend 6 months beyond the anticipated PROJECT completion and allow for all services in this Scope of Work including possible disturbance for utility locates as needed. • The CONSULTANT will develop any required Traffic Control Plans and obtain approvals and permits as needed from the CITY and WSDOT. • Underground utilities will be painted or located by One−Call, as possible. • The CONSULTANT will provide the survey in AutoCAD 2018 DWG format (or newer). • Field survey will not be required beyond the existing right-of -way (or presumed right-of- way). Deliverable(s): • Topographic Survey and ROW Base Map (electronic copy), 1”=20’ basemap, 1-foot contour intervals. • Supplemental survey and corresponding Base Map updates. • AutoCAD Surface (electronic copy in XML format compatible with 2018 AutoCAD Civil 3D or newer.) • Copy of field survey books (electronic copy including all point data in a txt or other plain text file format). • ASCII file of control points and an AutoCAD file with all points displayed with all breaklines displayed. Page 203 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 15 2.3 Right-of-Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions The CONSULTANT will review and resolve up to 10 parcels and their associated right-of -way lines. The right-of-way and parcel lines will be based on CITY provided title reports where available. No county records research will be completed for the east portion. The right-of-way lying East of US-395 will use GIS linework downloaded from the County Assessor’s webpage and additional right-of -way information provided by the CITY from previous projects. A right-of -way plan will not be prepared for the SAFETY PROJECT. Existing easements described in the title reports that can be drawn, will be incorporated into the drawing file. This task includes the development of up to 10 legal descriptions and exhibits in support of right-of -way acquisition or new easements. Assumptions: • The CITY will obtain all necessary title reports for the 10 parcels that are anticipated, as well as any additional title reports that may be necessary. Title Reports will be provided to the CONSULTANT in PDF format. • The CITY will update any title reports necessary for the CONSULTANT to complete ROW acquisition and certification. • Up to 10 parcels will require Exhibits and Legal Descriptions − up to two versions each. Deliverable(s): • Draft and Final ROW Legal Descriptions and Exhibits in hard copy and electronic format, stamped by a Washington State professional land surveyor. 2.4 Supplemental Surveys (FUTURE) It is assumed that during the design phase, some level of supplemental survey may be necessary. Possible reasons include: private property match/conforms, utility features and invert information, structure elevations, or features requiring more definition for design purposes. If necessary, this supplemental survey will be coordinated and approved via amendment to this agreement as extra work. TASK 3A Traffic Analysis The purpose of this task is to analyze recent and relevant traffic data on existing conditions to best define and further develop the corridor design. 3.1 Data Collection 3.1.1 Traffic Counts The six signalized intersections in the study corridor will be subject to detailed traffic analys es. To accommodate this request, the CONSULTANT will collect new a.m. and p.m. peak hour Page 204 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 16 intersection turning movement counts (with heavy vehicles, bicycles, and pedestrians quantified) at the following six signalized locations: 1. W Sylvester St and N 4th Ave 2. W Sylvester St and N 5th Ave 3. W Sylvester St and N 10th Ave 4. W Sylvester St and 14th Ave 5. W Sylvester St and 20th Ave 6. W Sylvester St and Road 28 3.1.2 Field Observations Field investigations of traffic movements and operations will be conducted during a typical afternoon peak hour, with attention to typical queue extents, any cycle failures, and yielding interactions between vehicles and non-motorized traffic. All data will be summarized in spreadsheet form with a short summary. 3.1.3 Other Data Signal timing data for the signalized intersections listed above will be provided to the CONSULTANT by the CITY. Basic intersection and roadway geometric data will be gathered in direct partnership with the roadway design team, and, if gaps remain afterward, measured either in the field or using publicly available online resources. Transit stop usage information will be requested from Ben -Franklin Transit, with assistance from CITY staff if necessary . Assumptions: • 24-hour traffic count data for the Sylvester Street corridor shall be provided by the Benton-Franklin Council of Governments (via download from their public website). • The CITY will provide traffic signal timing information outputs from the traffic signal controllers within two (2) weeks of the initial request. Deliverables: • See Operations Analysis deliverables below. 3.2 Operations Analysis 3.2.1 Software The CONSULTANT will use Synchro Version 11 software to analyze the study intersections. Synchro software will be utilized to analyze each intersection and report measures of effectiveness (MOEs) as described above. 3.2.2 Scenarios The analysis will be conducted for the AM and PM peak hour data for existing 2021 and 2040 Future conditions with preferred build alternative. The 2040 scenario will be used to assess future traffic demand and develop mitigation for deficiencies in the design. Page 205 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 17 3.2.3 Traffic Growth Estimates Future traffic growth percentage estimates will be furnished by the CITY for the 2040 horizon year and will be compatible with the City’s Comprehensive Plan. 3.2.4 Measures of Effectiveness The AM and PM peak hour traffic measures of effectiveness (MOEs) for each of the intersections will include (1) Level of Service (LOS) and average delay at signalized intersections, (2) LOS and average delay by movement at unsignalized intersections, (3) average and 95th percentile queue lengths for the study intersections, and (4) the estimated turn pocket lengths required to prevent spillback into the roadway through lanes. These measures will be indicated in detailed software output reports for each intersection under each scenario and peak hour. Assumptions: • CITY will provide previous traffic studies, reports, counts and analysis for the PROJECT corridor • CITY will provide traffic signal timing data for existing signals identified above. • Annual traffic growth rates for horizon year 2040 • CITY to provide compiled comments for draft review. One round of review and finalize memo included with scope. Deliverable(s): • Data Collection and Operational Overview Draft Summary Memo • Final Summary Memo • Electronic Synchro Files TASK 4A Conceptual Design The purpose of this task is to evaluate alternative designs to meet the PROJECT goals and evaluate the available funding to proceed with an effective and practical corridor design. 4.1 Conceptual Design 4.1.1 Alternatives Analysis The CONSULTANT will prepare conceptual roadway sections for Sylvester Street using graphical representation software suitable for public outreach and education. The sections will denote ROW width, existing roadway width, existing lane configurations and proposed lane configurations. Sections will be created for the following general conditions: • Residential section west of US-395. • Downtown section east of US-395, between signalized intersections. • Downtown section east of US-395, at signalized intersections. Page 206 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 18 A PROJECT wide aerial exhibit will be created to show representative locations along the corridor that the sections are intended to represent. Up to two (2) alternatives will be created for each section noted above with an associated list of pros and cons associated with each conceptual section in a memo . Comparative magnitudes of construction costs will be represented in the Alternatives Analysis Memo , but detailed cost estimating for each alternative will not be completed. Assumption(s): • No more than two (2) alternatives for each of the above sections will be developed. • The alternative analysis will be completed after the PROJECT survey to verify the existing ROW and roadway widths • A representative “typical” section for each section will be used but it is ant icipated that variable conditions exist within the corridor and modifications will be needed in follow on design to tailor the selected alternative to existing conditions. 4.2 30% Engineer’s Estimate The CONSULTANT shall produce 30% Engineer’s Estimate to include in the 30% submittal documents. Unit Quantity calculations will be determined using measurement tools in AutoCAD and documented on excel worksheets, showing assumptions made in determining quantities for each bid item. Backup calculations shall specifically include items measured by the appropriate unit. The Engineer's Estimate will include an itemized list in tabular form, describing; section, item, and number of units (quantity), estimated unit costs, and total cost, with the understanding that any cost opinion or Engineer's Estimate provided by the CONSULTANT will be on the basis of experience and judgment. The estimate shall be prepared using standard unit costs and lump sum prices based on available CITY bids and/or WSDOT’s available UBA (unit bid analysis) information here: https://wsdot.wa.gov/biz/contaa/uba/ Assumption(s): • The project will be constructed in 2023. The estimate will include contingencies for 30% design level and adjustments to overall cost to reflect 2023 construction. • The CITY will provide bid tabs from recent CITY transportation projects. 4.3 30% Roadway Design 4.3.1 Typical Roadway Sections The CONSULTANT will prepare preliminary typical roadway section plans not to scale (NTS) for Sylvester Street. The sections will denote roadway lane configurations, component depths, widths, sidewalks, and curbs. 4.3.2 Plan and Profile (PED & BIKE PROJECT) To be completed under a separate scope of work. Page 207 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 19 4.3.3 Pavement Marking (SAFETY PROJECT) The CONSULTANT will prepare pavement marking plans for the project. The plans will show dimensions for vehicle lanes, bike lanes, crosswalks, stop bars, pavement marking symbols and tapers and meet the requirements of the MUTCD and CITY standards. Large portions of the PROJECT will be design over aerial information, with typical dimensions and key notes. 4.3.4 Drainage (PED & BIKE PROJECT) To be completed under a separate scope of work. 4.4 30% Traffic Design This task involves the preliminary planning of traffic signal modifications including confirmation with the CITY of design standards to be used with a signal modification design memo, Plans and Engineer’s estimates of traffic signal modifications. The CONSULTANT will meet with the CITY to determine the desired system requirements and to identify the major system components, significant conflicts, and challenges (if any), and other items that have the potential to significantly affect construction costs. 4.4.1 Inventory Signal Equipment (SAFETY PROJECT) A complete inventory of the existing traffic signal systems at the signalized intersections within the PROJECT corridor will be conducted. The inventories will include: the length of mast arms and existing signal head locations, signal head configurations, vehicle detection equipment, emergency vehicle pre-emption equipment, push button and pedestrian head locations, existing phasing, existing controller and cabinet types and their ability to operate in changed configurations, and any communications equipment located within the cabinet or on the mast arm. The CONSULTANT will also evaluate the existing conduit and wiring to determine if major reconstruction will be necessary to implement revised phasing or pole relocations. Location and condition of existing safety lighting and street lighting will be documented. ADA deficiencies will be observed and documented. The inventory at the 20th Ave intersection will be limited to only those components anticipated to be modified to accommodate the PROJECT lane reductions/modifications. 4.4.2 Signal Design (SAFETY PROJECT) The CONSULTANT will design, calculate, and document signal system modification design at up to six (6) intersections. Traffic signal design as part of the 30% design package will include: • Pole locations • Mast arm lengths and vehicle indicator head locations • Vehicle and non-motorized detection type • Emergency vehicle preemption type • Traffic signal interconnect • ADA push button requirements and placements Page 208 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 20 The design of the 20th Ave intersection will be a limited design to accommodate the PROJECT lane reductions/modifications. This intersection was recently upgraded by the CITY and it is assumed the existing signal, components, equipment, ramps and pedestrian facilities do not need upgraded. 4.4.3 Sign Design (SAFETY PROJECT) The CONSULTANT will complete an existing sign inventory in the field and summarize the results in a table. The sign inventory will note which signs are to be replaced, removed, or relocated for review by the CITY. 4.4.4 Pedestrian Crossing Locations and Illumination Design (PED & BIKE PROJECT) To be completed under a separate scope of work. 4.5 Utility Notification and Relocation Coordination The CONSULTANT will develop a utility corridor plan showing the location of the existing utilities within the roadway corridor where sidewalk, curb and gutter, or roadway widening is anticipated. In general, this is limited to the segment west of US-395 (PED & BIKE PROJECT) and at the signalized intersections (SAFETY PROJECT). For these areas, the utility corridor plan will identify potential utility conflict locations for additional coordination. The CONSULTANT will coordinate with affected utilities to identify type, size and location of future utilities and needed accommodations. The CONSULTANT will work with the f ranchise utilities to locate their proposed facilities but will not design their relocation. Franchise utility design will be completed by the f ranchises and not by the CONSULTANT. The CITY utilities will generally be preserved and protected with minor adjustments and relocations if needed due to conflicts. No major CITY utility upgrades or replacements are included in the PROJECT. Utility Purveyors: Non-CITY Utilities may include: • Franklin County Irrigation District (FCID) • Cascade Natural Gas • Franklin PUD – Power and Illumination • Comcast – Cable TV / Fiber Optics • Lumen – Telephone Communications/Fiber Optic • Frontier – Telephone Communications/Fiber Optic • WSDOT – Traffic and Illumination Conduit / Fiber CITY Utilities Include: • Water Main • Sanitary Sewer • Storm Water (Included under separate task) • Traffic and Illumination Conduit / Fiber (Included under separate task) Assumptions: Page 209 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 21 • All private utilities within the corridor are allowed by franchise agreements and not within utility easements or have prior rights except FCID and PUD. • If applicable, the CITY will be involved in all coordination efforts with franchise utilities and will provide the CONSULTANT authority support when necessary for relocation efforts by the franchise utilities • The CITY will be responsible for sharing project funding information with the franchise utilities if requested • If a franchise utility requests funding from the project for relocation of existing facilities, the CITY will be responsible for developing and executing all agreements to accommodate any franchise utility request in a timely manner Deliverables: • The CONSULTANT will provide written notification to all utilities within the project limit of the design impacts for initial contact. The initial contact letter will inform each utility of the project limits and provide an existing utility map exhibit identifying each of the utilities in color. The letter will request verification from each utility for accuracy of the facilities shown and request any buried utility depth information which may be available. Additionally, the letters to the franchise utilities will request if relocation costs by the franchises are expected to be reimbursed by the CITY, and if so, the franchises will need to provide agreement rights identifying reimbursement cost responsibilities. • The CONSULTANT will follow-up with each of the utilities with supplemental 30% design plans including information for any necessary accommodations to the existing utilities including proposed locations for any necessary relocations or adjustments. • The CONSULTANT will provide a Utility Conflict Matr ix (if applicable) • The CONSULTANT will provide meeting minutes from utility meetings. It is assumed there will be two meetings lastly two hours attended by the PM and Roadway lead. • The CONSULTANT will provide copies of information and documents received from utility companies. 4.6 30% Submittal The CONSULTANT shall prepare 30% design drawings complying with CITY and industry standard level of detail at this stage of project development. The delivery package of the 30% submittal shall include the Plans, Engineer’s Estimate, and Design Memorandums for each discipline where noted documenting the design decisions shaping the project. Assumption(s): • The level of effort and fee estimate for this task is based on the number of sheets for each discipline as shown in the sheet list provided. The sheet list was prepared based on CONSULTANT’s current knowledge of the project scope and anticipated work elements. • The CONSULTANT shall consult with the CITY prior to developing any sheets if the actual number of required sheets varies from the original sheet count estimate. If the CITY and the CONSULTANT concur that total number of sheets required to detail the project exceeds the original estimate, the budget for this task may be amended. Page 210 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 22 Deliverable(s): • Survey and Existing Data Collection (Included under separate task) • Alternatives Analysis Memo • 30% Plans • Existing Sign Inventory • Engineer’s 30% Engineer’s Estimate Page 211 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 23 4.6.1 30% Plan Sheet List Project Sheet List Estimate (COMBINED) Description (Funding) 30% Cover Sheet with Vicinity Map (both) 1 Index and Project Key map (both) 1 Legend, General Notes, and Abbreviations (both) 2 Roadway Typical Sections (both) 1 Plan & Profile Plans (Ped & Bike Imprv.) 16 Temporary Erosion & Sedimentation Control (TESC) and Site Preparation Plans (both) 11 TESC Details (both) -- Paving Details (both) -- Intersection & Curb Ramp Grading Details (both) -- Drainage Details (Ped & Bike Imprv.) -- Pavement Marking & Signing Plans (Safety Imprv.) – 100 scale plan over plan 9 Pavement Marking Details (Safety Imprv.) -- Signing Schedule & Details (both) -- Signal Plans (Safety Imprv.) 6 Signal Details (Safety Imprv.) -- Illumination Schedule & Details (Ped & Bike Imprv.) -- RRFB Plans (Ped & Bike Imprv.) 3 Staging and Traffic Control Sequencing Notes (both) 1 Staging and Traffic Control Plans (both) - Class A sign overview sheet only at 30% 1 Total # Sheets 52 Page 212 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 24 TASK 5A Environmental Documentation & Permitting The purpose of this task is for AEC to complete administration and invoicing, engage the regulatory agencies, conduct fieldwork, prepare NEPA documentation, and prepare a SEPA package. 5.1 Administration and Invoicing AEC will conduct general administrative duties to set up and close out the project in the accounting and time tracking system. AEC will also prepare up to 6 invoices. 5.2 Environmental Kick-off Meeting and Site Visit. The CONSULTANT will organize a one-hour meeting with the CITY to kick-off the environmental review portion of the work, focusing on the PROJECT history, status, and planned schedule. For the purpose of this scope the site visit will be conducted the same day as the kickoff meeting. If necessary, to accommodate other’s schedules, the kick-off meeting can be separate from the site visit with the kickoff meeting being virtual with a smaller group site visit with AEC, CONSULTANT PM , and CITY PM . 5.3 NEPA Categorical Exclusion AEC will prepare a draft and final NEPA Categorical Exclusion (CE) for the project, summarizing, and evaluating project impacts. This task will include the following: 1. Site Visits: Complete up to 1 site visit; One visit with the project team and interested parties to identify the project activities and general impacts, and to review the project area to collect resource specific information. This will include conducting the windshield survey for potential hazardous materials in the area. 2. A NEPA Kick off meeting will be conducted with WSDOT via conference call. The CONSULTANT will prepare a summary of key environmental impacts and discuss the anticipated environmental requirements, documentation requirements, submittals and review processes. 3. Develop draft and one final Area of Potential Effect (APE) Package with a Project vicinity map, project description, depths of excavation and photos. This will be submitted to the City of Pasco and WSDOT Local Programs (LP) for review then forwarded to WSDOT Highways and Local Programs (WSDOT HQ). Address up to 2 sets of comments. Based on preliminary information the project is expected to be covered under the WSDOT Programmatic Agreement for Section 106 and therefore a Cultural Resource Survey is not included in this scope; however, it is anticipated there will be extensive coordination with the project team to identify depths of excavation/extent of previously disturbed soils and potential impacts early in design in order to demonstrate applicability under the Programmatic Agreement. There is also anticipated to be up to 1 conference calls with WSDOT LP and HQ regarding this topic. Page 213 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 25 4. Categorical Exclusion Documentation Form: Review the agency databases and contact agency personnel regarding Endangered Species Act (ESA) species, hazardous materials, environmental justice, wetlands and hydrology, inclusion in the STIP and other information as applicable. This is anticipated to require preparation of deminimis documentation for minimal impacts to section 4(f ) resources such as tying the sidewalks into Sylvester Park. This will require coordination with the City Parks Department and preparation of WSDOT documentation to meet WSDOT/FHWA requirements. A right sized hazmat memo will be prepared with a map and table of known sites, photos and site records that are available. It is assumed there is no new right-of -way needed, displacements or impacts to structures. 5. Reviews and Revisions: The CE package will be reviewed by the City of Pasco, WSDOT Local Programs and WSDOT Highways and Local Programs. After the draft is submitted for review, the CONSULTANT will address up to 3 sets of comments. 5.4 SEPA Checklist Preparation AEC will prepare a SEPA checklist consistent with the requirements of WAC 197-11. The draft and final will be provided to the CITY and the distribution and processing will be conducted by the CITY as the SEPA lead agency. The CONSULTANT will provide SEPA response comment support for up to 2 unique responses to public comments. 5.5 Supplemental Environmental Permitting Support (Contingency) If necessary, additional field investigation and evaluation will be completed under a separate amendment. Assumption(s): • The environmental phase will be limited to 6 months after the Environmental portion of the PROJECT begins. • One SEPA and one NEPA will be completed for the PROJECT. • The PROJECT will be permitted as a CE. If the PROJECT impacts are outside the scope of a CE, then this Supplemental Task may be required. • The scope will not include an individual or programmatic Section 4(f) evaluation, Biological Assessment, Wetland Delineation, Critical Areas review or permitting, Socio-economic Report, Noise Analysis, Cultural Resource Survey, Hazardous Materials Memo/Report, or other reports not described. If additional reports or addenda are required, they will be considered extra work and require a supplement. • There will be no displacements as a result of the project. • The SEPA Checklist will be based on the 60% design impacts, footprint, and assumptions. If substantial changes occur after 60% design, a revised SEPA checklist may be required which will be considered as Extra Work. • Rights-of -entry (ROE) to private properties shall be in writing prior to any initiation of field efforts outside ROW. Page 214 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 26 • SEPA checklist preparation will not require separate field work, study, or analysis by the CONSULTANT, not already included as part of this scope. Information to prepare the checklist will be gathered from known data sources, mapping, and online research and existing documents provided by the CITY and the site visit during the kickoff meeting that was previously described. • The CITY will formally issue the SEPA determination and distribute public notice and supporting materials to the appropriate agencies and the public. • Mailing lists and postage fees will be provided by the CITY. • Public notification mailing, distribution, posting at public facilities (library, City Hall, county facilities etc.), on-site posting as required will also be handled by the CITY. • Coordination and payment for the public notice in the local newspapers will be handled by the CITY. • Scope and budget to support a SEPA appeal is not included and is considered Extra Work. • Roadway plans will be provided for use with GIS if needed. • Design year traffic data will be provided by the CITY or CONSULTANT traffic engineers. • Interim year and design year traffic volumes (or growth rates) including turning movements and signal timing data will be provided by the CITY or CONSULTANT traffic engineers. • Suitable design-level information for modeling will be provided. • There will be no more than 3 revisions of any of the described documents • Changes to the project description and/or project area may necessitate modifications to this scope of services; such changes will be considered as Extra Work. • No wetland, stream, critical area, or archaeological monitoring will be required; if necessary, this will be considered as Extra Work. Deliverable(s): • 6 Invoices total for the PROJECT • Environmental Kick-off Meeting Minutes and Agenda, one for the PROJECT • Draft and Final SEPA Checklist, one for the PROJECT • Draft and Final NEPA CE, one for the PROJECT TASK 6A Final Design - PS&E The CONSULTANT shall follow the guidelines set forth in the CITY’s Design Standards and WSDOT LAG manual when preparing the 60%, 90%, and Ad-Ready plans, specifications, and estimate. 6.1 General The CONSULTANT will prepare the contract drawings in accordance with the CITY’s design standards. Unless otherwise noted or directed by the CITY, the CONSULTANT will prepare plan view sheets at a 1”= 20’ scale (full size 22”x34”) and 1” = 40’ scale (half size 11”x17”). The CONSULTANT will prepare a cover sheet including an index of drawings. The list of plan sheet titles in the indices will exactly match the titles as they appear on the plan sheets. Page 215 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 27 The CONSULTANT will prepare a vicinity map showing the project limits. The vicinity map will include the beginning and ending of construction, stations, major cross streets, waterways, and critical areas. The CONSULTANT will prepare a sheet layout index for each scale used showing the sheet layout for the various disciplines. CONSULTANT will prepare general notes, abbreviations, and symbols sheet. The CONSULTANT will prepare a set of alignment tables and plan sheets for survey control, monumentation, and alignments. The alignment tables will list necessary curve details for both existing and proposed centerline alignments. The plan sheets will include alignment centerline, horizontal and vertical control data. Assumption(s): • Symbols used by the CONSULTANT in the plans shall follow APWA standards. If the symbols are not in the APWA standards, then CONSULTANT standard symbols shall be used. • Plans shall be prepared on the survey basemap. Each sheet shall contain design elements, with line work for items detailed on other sheets screened back or drawn in thin pen weight. The CONSULTANT is expected to the Industry Standard of Care in the design planning and layout, with elements shown as close as possible to where they are to be installed. • General Construction Notes will be noted on plan sheets. General Notes will be numerically ordered and consistent throughout the plan set. Note and leader shall call out unique Construction Notes. Bubbles with leaders will be acceptable only for recurring Construction Notes and wiring notes for Signal and Illumination plans as they are numerically ordered and consistent throughout the applicable sheets. • If additional detail is required to provide clarity, the Plans and Details shall include an enlarged view. • The level of effort and fee estimate for this task is based on the number of sheets for each discipline as shown in the sheet list provided. The sheet list was prepared based on CONSULTANT’s current knowledge of the project scope and anticipated work elements. • The CONSULTANT shall consult with the CITY prior to developing any sheets if the actual number of required sheets varies from the original sheet count estimate. If the CITY and CONSULTANT concur that total number of sheets required to detail the project exceeds the original estimate, the budget for this task may be amended. • Standard CITY and WSDOT details will be called out in the Plans, but not included in the detail sheets. • The CONSULTANT will prepare one PS&E package for the PROJECT with separate schedules of work for the SAFETY PROJECT and PED & BIKE PROJECT. 6.2 Typical Roadway Sections The CONSULTANT will further develop the typical roadway sections developed at 30% Design. Page 216 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 28 It is assumed that all cross-street work will be minor and will be able to be built using plan and detail sheets only – no roadway section will be required. The typical sections cover typical physical work throughout sections of the project and will not include every minor change in section dimensions and features, nor include detailed channelization information. Where there are anomalies the appropriate discipline plans will be referenced for concurrence. 6.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation The CONSULTANT will prepare temporary erosion control details which show erosion and sedimentation controls measures to be used for this project. The TESC drawings will be prepared in accordance with the CITY requirements and by reference the requirements written in the SWMMEW and will also be included with the SWPPP. The CONSULTANT will define the site preparation and demolition activities, including items to be abandoned, salvaged, recycled, or removed, and identify facilities that need to be protected during construction. Site Prep plans will include surface feature items, such as pavements (by type), sidewalk, curbs, walls, and miscellaneous structures. Demolition required for utilities, drainage features, signing, signalization and illumination will not be included in these drawings and will be shown on the relevant discipline drawings. Cut/fill lines will be shown on the plans where applicable. 6.4 Plan and Profile Plans (PED & BIKE PROJECT) To be completed under a separate scope of work. 6.5 Intersection Grading Plans The CONSULTANT will design intersection grading to tie into the existing cross street’s existing terrain. Intersection curb radii will be designed including curb radii tables with locations and elevations for PC, PT, quarter points, low points, and curvature staking information including radius, length of curve, tangent, and delta. Curb ramp grading will be performed for each curb ramp in the corridor and will be designed on curb ramp detail sheets to meet ADA requirements. Half grading intersections will typically include one pair of ramps crossing a street. Full grading intersections will include more than one pair of ramps. It is assumed that an ADA Maximum Extent Feasible (MEF) per WSDOT standards will not be required on this PROJECT. Page 217 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 29 It is assumed the following intersections will have associated intersection and curb ramp grading sheets: PED & BIKE PROJECT (under a separate scope of work) SAFETY PROJECT INTERSECTION HALF/FULL GRADING INTERSECTION HALF/FULL GRADING RD 54 (SOUTH) HALF Rd 28 Full RD 52 (RRFB) FULL N 20th Ave Complete RD 50 (NORTH) HALF N 14th Ave Full RD 49 (SOUTH) HALF N 10th Ave Full RD 48 (NORTH) HALF N 5th Ave Full RD 46 (SOUTH LOOP) HALF N 4th Ave Full RD 47 (NORTH) HALF N 3rd Ave Full RD 46 (SOUTH LOOP) HALF RD 46 (NORTH) HALF RD 45 (SOUTH) HALF RD 44 (RRFB) FULL 43RD WAY (NORTH) HALF RD 42 (NORTH) HALF RD 40 FULL RD 39 (SOUTH) HALF RD 38 (SOUTH) HALF RD 37 FULL RD 36 FULL RD 34 (RRFB) FULL RD 32 (NORTH) HALF 6.6 Paving Details The CONSULTANT will design special details for project specific, non-standard features as needed to ensure proper construction. Details will include: • BFT Bus Shelters and pads (Standard Details will be used) • Hardened centerline (if needed) • Center turn lane median island (if needed) 6.7 Drainage System Details and Design (PED & BIKE PROJECT) To be completed under a separate scope of work. 6.8 Pavement Marking and Signing Plans, Schedules & Details The CONSULTANT will further develop and detail the pavement marking plan sheets developed at 30% Design and develop project details as needed. Page 218 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 30 CONSULTANT will prepare signing plans that show the location of new signs and associated sign design details. Signing will conform to the current edition of the MUTCD and the CITY’S signing guidelines. New and existing signing and marking to remain will be based on Survey information where available, aerial information, and/or site visit pictures and observations. Some information will require field verification by the Contractor. The CONSULTANT will prepare pavement marking and signing plan view sheets at a 1”= 50’ scale (full size 22”x34”) and 1” = 100’ scale (half size 11”x17”), using a plan and plan sheet layout. 6.9 Traffic Signal Plans and Details (SAFETY PROJECT) The CONSULTANT will prepare the signal plans and details showing proposed modifications to the existing signal equipment, electrical hardware, and wiring diagrams for the signalized intersections. CONSULTANT will include underground conduits and room in the equipment for future intelligent transportation systems (ITS). An ITS system will not be implemented for the project. Assumptions: • Scope does not account for additional lighting analysis or design throughout the corridor. If requested existing lighting fixtures will be switched out for new LED fixtures at the signalized intersections. • ITS systems will not be designed, only conduit for future systems. • The design of the 20th Ave intersection will be a limited design to accommodate the PROJECT lane reductions/modifications. This intersection was recently upgraded by the CITY and it is assumed the existing signal, components, equipment, ramps and pedestrian facilities do not need upgraded. Deliverables: • Conduit Fill calculations • Design plans, details, engineer’s estimate, and specifications per deliverable tasks. 6.10 RRFB, Plans and Details (PED & BIKE PROJECT) To be completed under a separate scope of work. 6.11 Staging and Traffic Control Plans The CONSULTANT will develop basic traffic control narrative and sequencing plan for construction of roadway, intersection, utility, and stormwater improvements utilizing lane closures and shifts. Traffic control plans will provide sufficient information to be the basis of bid for the Contractor and will be developed to maintain traffic on Sylvester Street and at all side streets. At least one lane each direction will be open at all times. Page 219 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 31 Assumptions: • No detour plans are anticipated for the PROJECT. • Temporary signal plans are not included in the scope of work for this effort and will be required as part of Contractors submittal requirements. • Standard WSDOT Traffic Control plans will be used, without corridor wide site-specific staging and traffic control plans. Deliverables: • MOT sequencing narrative and traffic control plans, engineer’s estimate and specification per deliverable task. 6.12 60% Design Verification Meeting The CONSULTANT will use the 30% design plans and progress to the 60% design and plan level. The CONSULTANT will take into consideration the 30% design review comments from the CITY while advancing to the 60% level. The 60% design verification meeting will not be a formal submittal, but will allow for detailed review and coordination prior to progressing to the final Design deliverable. 6.12.1 60% Plans The CONSULTANT will further develop the 30% plans to a 60% plan level for coordination and review with CITY. 6.12.2 60% Specifications The CITY will supply the CONSULTANT with the current version of the CITY’s Special Provisions. The CITY's administrative sections of the contract documents including advertisement for bids, information for bidders, and bid package information will be supplied in a Microsoft Word format. The CONSULTANT will develop a “run-list” utilizing the WSDOT APWA GSPs and supplemental project specific information. The CONSULTANT shall keep a current project “run-list” and rerun the WSDOT PS&E Work Software Program prior to each plan submittal. 6.12.3 60% Engineer’s Estimate The CONSULTANT will update the 30% estimate. The "Bid Proposal" within the specifications shall be prepared from this information by the CONSULTANT. 6.13 90% Submittal The CONSULTANT will use the 60% design plans and progress to the 90% design and plan level. The CONSULTANT will take into consideration the 60% design review comments from the CITY while advancing to the 90% level. 6.13.1 90% Plans The CONSULTANT will further develop the 60% plans to a 90% plan level including the sheets listed in the below table and develop f inal detail sheets as noted in the table. Page 220 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 32 6.13.2 Final Plan Sheet List Project Sheet List Estimate (BOTH PROJECTS) Description (Funding) Final Cover Sheet with Vicinity Map (both) 1 Index and Project Key map (both) 1 Legend, General Notes, and Abbreviations (both) 2 Roadway Typical Sections (both) 1 Plan & Profile Plans (Ped & Bike Imprv.) 16 Temporary Erosion & Sedimentation Control (TESC) and Site Preparation Plans (both) 11 TESC Details (both) 1 Paving Details (both) 1 Intersection & Curb Ramp Grading Details (both) 10 Drainage Details (Ped & Bike Imprv.) 2 Pavement Marking & Signing Plans (Safety Imprv.) - 100 scale plan over plan 9 Pavement Marking Details (Safety Imprv.) 2 Signing Schedule & Details (both) 3 Signal Plans (Safety Imprv.) – Existing/Removals and Proposed for each traffic signal. 12 Signal Details (Safety Imprv.) – Existing and Proposed pole chart and wiring diagrams for each traffic signal 12 RRFB & Illumination Plans (Ped & Bike Imprv.) 2 RRFB & Illumination Schedule & Details (Ped & Bike Imprv.) 6 Staging and Traffic Control Sequencing Notes (both) 1 Staging and Traffic Control Plans (both) -Assume 2 stages, use of typical plans for corridors with detail plans at traffic signals 5 Total # Sheets 98 6.13.3 90% Specifications The CONSULTANT will update the 60% specifications with any new or additional special provisions from the advancement of design and incorporation of CITY comments. The CONSULTANT shall run the “run-list” prior to submittal. 6.13.4 90% Engineer’s Estimate The CONSULTANT will further develop the 60% estimate to a 90% level including adding all anticipated bid items and costs. The 90% estimate will remove all contingencies. The "Bid Proposal" within the specifications shall be prepared from this information by the CONSULTANT. Page 221 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 33 6.14 Ad-Ready Submittal CONSULTANT will use the 90% design plans and progress to the Ad-Ready design and plan level. The CONSULTANT will take into consideration the 90% design review comments from the CITY and WSDOT while advancing to the Ad-Ready level. 6.14.1 Ad -Ready Plans The CONSULTANT will further develop the 90% plans to an Ad-Ready plan level without the addition of any new sheets. 6.14.2 Ad -Ready Specifications The CONSULTANT will update the 90% specifications with any new or additional special because of CITY or WSDOT comments. The CONSULTANT shall run a final “run-list” prior to submittal. 6.14.3 Ad -Ready Engineer’s Estimate The CONSULTANT will finalize the engineer’s estimate based on any comments received from the CITY or WSDOT during the 90% design review. The "Bid Proposal" within the Ad-Ready specifications shall be prepared from this information by the CONSULTANT. 6.14.4 Construction Schedule The CONSULTANT shall develop an anticipated construction schedule based on the planned advertisement date and final quantities. The Construction Schedule shall show the sequencing and durations of all construction activities. All constraints, such as cold weather paving limitations, utility work coordination, etc., shall be identified and factored in the schedule. The number of working days for the construction contract shall be based on the overall construction duration shown in the schedule. TASK 7A Real Estate Services (RES) The following scope of work details the necessary effort to acquire right-of-way for the PROJECT . The CONSULTANT will accomplish this task unless specified otherwise. The CONSULTANT will NOT proceed with Real Estate Services and acquisition until R/W funding is obligated and notice to proceed is provided by the CITY. General Assumptions: This scope encompasses services to complete right of way (R/W) acquisition for the PROJECT. It is anticipated that the following elements of these services will be completed within a period of twelve (12) months. Scope of services herein are based on the following: • Acquisition will be required on up to ten (10) parcels. • Ongoing management and administration of the R/W process. • The CONSULTANT shall coordinate with the CITY, as necessary, and in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Page 222 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 34 Act (URA), WSDOT Local Agency Guidelines (LAG) Manual, applicable State and local laws, and CITY administrative rules, to facilitate the acquisition of identified properties. • CITY will facilitate all communication with the CITY, the CONSULTANT and the WSDOT Local Agency Coordinator (LAC) in a timely manner throughout the R/W process. • CITY shall provide the CONSULTANT with available PROJECT information such as, but not limited to, the CITY’s State approved R/W and limited access procedures, approved environmental documentation, and any pre-approved CITY R/W forms, including legal documents. • The CONSULTANT and CITY agree to maintain clear lines of communication, determine, and document the appropriate decision-making process to achieve PROJECT goals and to provide open access to available data that is pertinent to the PROJECT. • All deliverables will be produced in accordance with the approved quality control/quality assurance (QC/QA) process established by the CITY and the CONSULTANT team. • All deliverables prepared by the CONSULTANT shall be provided to the CITY – one electronic version and one hard copy. • Additional parcels not anticipated and not included. If necessary, this would be negotiated Extra Work. 7.1 Real Estate Services Management The CONSULTANT will also perform management and administration for the following real estate services tasks as follows: • Prepare WSDOT ROW Funding Estimate – LPA005B. • Prepare for and attend R/W kick off meeting and monthly R/W PROJECT update meetings with the CITY until completion of the R/W acquisition. • Prepare and provide a landowner list, R/W cost estimate and R/W schedule for the PROJECT. • Prepare and provide monthly R/W PROJECT status report to include acquisition milestones upon commencement of appraisal process. • Manage the CONSULTANT’s subconsultants (if applicable). • Provide QA/QC Services. CITY Responsibilities: • Review and approve the WSDOT R/W Funding Estimate prior to submission to WSDOT LAC. • Attend R/W kickoff meeting. • Review and approve landowner contact list, R/W cost estimate and R/W schedule. • Review monthly status reports and provide comments as needed. Assumptions: Page 223 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 35 • Up to two (2) CONSULTANT Real Estate Services (RES) staff will attend the R/W kick off meeting. Staff commitment is estimated at two hours per staff for preparation, participation in the meeting and notes. • Up to one (1) R/W cost estimate and one update will be prepared. • Up to one (1) R/W schedule and up to three (3) updates will be prepared. • Up to one (1) CONSULTANT RES staff will attend up to twelve (12) recurring monthly CITY meetings. Staff time commitment is estimated at one hour per staff and per meeting for preparation, participation in the meeting, and notes. • Up to two (2) CONSULTANT RES staff will attend up to twelve (12) recurring monthly internal meetings. Staff time commitment is estimated at one hour per staff and per meeting for preparation, participation in the meeting, and notes. • All CITY update meetings are anticipated to be held virtually • The CONSULTANT shall distribute status reports at least one business day in advance of meetings. • The CONSULTANT shall prepare the R/W schedule within five (5) days of Notice to Proceed and update up to an additional three (3) times as needed. Deliverables: • One (1) WSDOT ROW Funding Estimate – LPA005B and up to one (1) update. • One (1) Landowner Contact List • One (1) R/W Cost Estimate and up to one (1) update • One (1) R/W Schedule and up to three (3) updates • Up to twelve (12) R/W Project Status Reports 7.2 Property Descriptions and Valuations CONSULTANT will review R/W plans, survey exhibits and, legal descriptions for up to ten (10) acquisitions. CONSULTANT will perform the following work: • Coordinate with the CITY to facilitate R/W Plan Set approval from WSDOT local agency coordinator. • Review and quality control (QA/QC) up to ten (10) legal descriptions and exhibits prepared by surveyor for the transfer of the property rights needed for construction including fee acquisition, permanent easements and/or temporary easements for use by the R/W team. CITY Responsibilities: • Provide concurrence and written approval that all legal descriptions and exhibits are sufficient for the property interests to be acquired. Assumptions: Page 224 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 36 • CONSULTANT will provide up to one (1) redline review the R/W Plan set and one redline review of each of the ten (10) parcel legal descriptions and exhibits produced by the surveyor. Deliverables: • Up to one (1) reviewed R/W Plan Set. • Up to one (1) reviewed legal descriptions and one (1) reviewed exhibits for up to ten (10) impacted parcels. 7.3 Valuation Process (AOS/Appraisal/Appraisal Review) The CONSULTANT will manage the valuation process for up to ten (10) parcels. As part of the appraisal process, Administrative Offer Summary (AOS) reports will be prepared where appropriate in lieu of appraisals. The CONSULTANT appraiser and review appraiser shall meet all requirements set forth in 49 CFR 24.103. CONSULTANT will perform the following work: • Manage delivery of appraisal services. • Prepare an appraisal schedule for delivery of appraisal and AOS reports. • Assemble all needed appraisal data and appraisal scope for each assigned parcel. • Send out landowner contact letters to impacted parcels in advance of the valuations. • R/W Agents will attend appraisal inspections, as needed and where possible. • Manage the delivery of appraisal reports, if needed, with appraisal sub-consultant selected by the CONSULTANT. • Supply completed appraisal reports to the appraisal reviewer selected by the CONSULTANT, if needed. • Manage the delivery of appraisal reviews for any parcels that are appraised. • Manage the delivery of AOS reports for eligible acquisition parcels. CITY Responsibilities: • Review and approve appraisal schedule. • Approve appraisal reviews via signed Determinations of Value, if needed. • Review and approve by signature all AOS reports. Assumptions: • CONSULTANT will manage their appraisal staff to develop the most expeditious schedule for delivery of all valuation deliverables. • It is anticipated that there will be up to ten (10) non-complex AOS reports. If it is determined that any of the impacted parcels need to be appraised, the cost for the appraisal, appraisal review and level of effort for those parcels will be renegotiated and adjusted accordingly. If those services are negotiated, then the following applies: o All appraisal services will be performed by a WSDOT certified independent appraiser to WSDOT LAG Manual standards. o Appraisal reports (if needed) will be before and after short form narrative reports. Page 225 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 37 o Notice to Proceed (NTP) for the appraiser will be the date of receipt of sufficient R/W plans and/or exhibits, title information and landowner contact information. o The estimated delivery schedule for the AOS reports is within eight (8) weeks form the date of the NTP. If it is determined that any of the impacted parcels need to be appraised, the estimated delivery schedule will be reviewed and adjusted accordingly. Deliverables: • Appraisal schedule • Up to ten (10) landowner contact letters • Up to ten (10) AOS reports • Up to ten (10) appraisal reports and appraisal reviews, if negotiated and agreed upon 7.4 Acquisition and Negotiation Services CONSULTANT will prepare offer packages, present offers, negotiate purchases, prepare administrative settlement memos and prepare executed documents for CITY approval and processing for a maximum of ten (10) parcels. All acquisition files will be transmitted to the CITY with all original documents at completion of negotiations. CONSULTANT will perform the following work: • Prepare and maintain electronic and hard copy parcel files. • Review title reports provided by the CITY, for up to ten (10) parcels. o Prepare encumbrance review memos with encumbrance clearing recommendations for up to ten (10) parcels. o Order title report update prior to transmittals (if older than 6 months). • Manage and provide QA/QC for the R/W acquisition and negotiation process. • Pre pare an acquisition schedule and monthly status report for all assigned parcels. • Prepare all documents required for the assigned parcels including Offer Letters, Deeds, Easements, Donation forms (if applicable), W9s, Real Property Vouchers, Real Estate Tax Affidavits, Encumbrance Review Memo, and Negotiator Diaries. • Act as the agent for the CITY in all negotiations. • Make a minimum of four (4) good-faith negotiation attempts with impacted landowners in an effort to negotiate a fair settlement. • Provide justification for any settlement above the approved offering price in the form of an administrative settlement memo. • Prepare administrative settlement memos and condemnation packages as needed. • Process all landowner payments through the CITY. • Process executed documents for closing through escrow or the CITY. • Manage escrow closing for acquisitions (as applicable). • Transmit completed parcel files to the CITY at the completion of acquisitions. CITY Responsibilities: Page 226 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 38 • Provide CONSULTANT with a copy of WSDOT approved ROW acquisition procedures (dated within the last three years). • Approve all real estate documents provided by the CITY and prepared by the CONSULTANT using the most current WSDOT local program agency forms that are consistent with CITY acquisition practices. • Review/approve acquisition schedules, R/W status reports and meeting notes where applicable. • Provide written direction for the title encumbrances noted on the encumbrance review memo to be accepted as risk or to be cleared by escrow agency where needed. • Approve a minimum of One (1) preliminary offer package prior to offers being made. • Approve all landowner donations if applicable. • Provide review and written approval for all administrative settlements agreed to by the CITY. • Approve all landowner payments. • Review and approve all transmitted files and documents prepared by the CONSULTANT for all required WSDOT R/W precertification and certification reviews. Assumptions: • CONSULTANT shall follow the Uniform Relocation Act, WSDOT Local Agency Guidelines (LAG) manual, all applicable State and Local laws and CITY administrative rules for R/W acquisition for all real estate services provided for this project. • City will provide the CONSULTANT with available project information such as but not limited to the CITY’s WSDOT approved R/W procedures. • The CONSULTANT’s title review responsibilities shall be to identify the correct vesting from the title report, inputting that information into the appropriate acquisition documents and creating an encumbrance review memo. • CONSULTANT will provide an encumbrance review memo for up to ten (10) parcels for review by the CITY. • CONSULTANT shall make the initial offer to purchase in person if possible, or by certified mail. During the COVID-19 period, CONSULTANT will also send offers via email or regular mail in addition to certified mail. • If in-person meetings are requested by the property owner, CONSULTANT will follow COVID-19 safety protocols as outlined in CONSULTANT’S project safety plan. • CONSULTANT shall provide a maximum of four (4) good faith attempts at acquisitions for up to ten (10) parcels assigned, with those attempts being defined as an in-person visit with landowner (physical or virtual), a detailed phone conversation, or a substantive correspondence or email exchange. • CONSULTANT’s acquisition duties shall be deemed complete if any of the following occur: o A negotiated settlement approved by the CITY is reached and the necessary closing documents are executed. o A new appraisal or offer is required. o The offer to purchase is rescinded. Page 227 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 39 o A P&U is secured and the acquisition file is transmitted to CITY. o A negotiated settlement cannot be reached after the four good faith attempts. • If negotiations cannot be concluded within ninety (90) days of the offer date on any given parcel or if an appraisal is requested by a landowner of any AOS parcel then the hours to complete those parcels will be renegotiated and adjusted accordingly. • The CONSULTANT shall assist the CITY in securing an escrow company to close up to ten (10) parcels. o The escrow company will be responsible for the preparation and receipt of all signatures required for partial re-conveyance, satisfaction of all liens and encumbrances for each acquisition where applicable. • The CITY agrees to pay all title/closing/escrow fees directly to the escrow company. Deliverables: • Up to ten (10) title encumbrance review memos. • Up to ten (10) offer packages with completed acquisition documents for closing by the escrow company or transferred files for condemnation proceedings. • Up to ten (10) Administrative Settlement Memos (if necessary). • Up to ten (10) P&U Agreements (if necessary). Up to Ten (10) completed parcel files. 7.5 Certification The CONSULTANT shall prepare all files for certification to the standards of the WSDOT LAG manual , collaborate with the CITY and the Local Agency Coordinator for WSDOT certification of R/W and prepare a certification memo for CITY. CONSULTANT Services: • Prepare acquisition files and documents for pre-acquisition review by WSDOT. • Attend the WSDOT pre-acquisition review meeting. • Prepare Post-Acquisition Files for Certification. • Prepare Draft Certification Memo. • Participate in Local Public Agency (LPA) Certification Reviews. CITY Responsibilities: • CITY shall supply all R/W documentation needed for parcel files to CONSULTANT in advance of all WSDOT reviews. • Review files prior to pre- and post-acquisition certification WSDOT review. • Review and approve draft certification memo. • Transmit final certification memo(s) to WSDOT Highways and Local Programs Assumptions: • A maximum of ten (10) acquisition files shall be prepared for certification. Page 228 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 40 • There will be a maximum of one (1) draft certification memo prepared by the CONSULTANT and o ne (1) review of the revised memo. • There will be a maximum of one pre-certification review meeting and up to one final certification review meeting for a maximum of two (2) hour duration each and will be attended by up to one (1) CONSULTANT staff. Staff commitment is estimated at eight (8) hours per staff for preparation and participation in the meeting. TASK 8A Bidding Phase Assistance The objective of this task is to aid the CITY during the advertisement for construction and bidding phase to provide information to prospective bidders to support a competitive bidding environment. The CONSULTANT will provide written responses to questions and requests for clarifications to the contract documents submitted to the CITY during the bidding period. Responses will be provided in Microsoft Word format and submitted to the CITY for inclusion in contract addenda. The CONSULTANT will evaluate Bidder requests for alternative (“or equivalent”) approvals during the bidding phase. The CONSULTANT will assist the CITY in preparing all addenda. CITY Responsibilities: • Record, consolidate and deliver Bidder questions and requests for contract document interpretations to the CONSULTANT in timely fashion. • The CITY will issue all addenda and host the bid on their website www.cityofpascoplanroom.com Assumption(s): • The PROJECT will be bid as one Contract. • There will be no pre-bid conference. • The budget for this task is limited to that amount shown in the project labor estimate. Work beyond the budgeted amount will be considered extra work. Deliverable(s): • Written responses to Bidders’ questions and requests for interpretations and evaluation of acceptable alternate (“or equals”). • Conformed set of contract documents based on any addenda issued. TASK 9A Public Involvement Program The purpose of this task is to provide graphic materials to support CITY’s public outreach and coordination efforts and to represent the CITY at open houses, stakeholder briefings, and/or CITY council meetings as needed. Page 229 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 41 9.1 Project Exhibits Activities: • The CONSULTANT shall prepare up to one (1) display graphic for project presentations. Assumptions: • The display graphics will include CITY logo’s and project identifiers and will make use of existing project linework, graphics and maps. • No hard copy prints, or presentation boards will be created. All display graphics will be electronic, full color PDF files or images embedded in a PowerPoint Presentation. Deliverables: • Electronic display graphics 9.2 Open Houses and Council Briefings Activities: • The CONSULTANT shall prepare presentation materials and talking points for a PROJECT briefing to CITY identified stakeholders at public open houses or at public council meetings. • The CONSULTANT shall present materials on behalf of the CITY to CITY identified stakeholders or the Public at up to one event. Assumptions: • The briefing materials will make use of existing project graphics and maps, or from material developed by the design team. • One presentation is anticipated at each event, lasting 2 hours. • The CONSULTANT Project Manager and one other design lead will attend the public events. • The CONSULTANT will attend the event virtually via remote meeting and will not physically travel to the meeting. Deliverables: • None TASK 10A Management Reserve Fund A Management Reserve Fund (MRF) will be created in accordance with LAG Manual to account for any unanticipated needs outside of the above listed Scope of Services. This fund can only be utilized with advance written authorization by the CITY. Page 230 of 334 City of Pasco | Sylvester Street Safety Improvements - HSIP Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343-8500 42 TASK 11A Construction Support Services (FUTURE) To be included in future contract amendment as needed. Page 231 of 334 Page Break to Exhibit A2 Page 232 of 334 Scope of Services Sylvester Street Safety Improvements – Ped/Bike Program Design, Right-of -Way and PS&E Services City of Pasco, WA December 15, 2021 Page 233 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 1 TABLE OF CONTENTS INTRODUCTION ..................................................................................................................... 4 Background.......................................................................................................................... 4 Project Description ............................................................................................................... 4 Project Team ....................................................................................................................... 5 Scope of Work ..................................................................................................................... 5 Major Milestone Schedule .................................................................................................... 5 Quality Assurance / Quality Control ...................................................................................... 6 Change Management ........................................................................................................... 6 Subconsultant Coordination.................................................................................................. 6 DBE Goal............................................................................................................................. 7 Project Assumptions............................................................................................................. 7 General Assumptions ........................................................................................................ 7 Design Standards and References .................................................................................... 8 Services Not Required ...................................................................................................... 9 PROJECT TASKS .................................................................................................................. 9 TASK 1B PROJECT MANAGEMENT AND ADMINISTRATION............................................. 9 1.1 Project Management, Invoicing, and Controls .............................................................. 9 1.2 Project Team Coordination Meetings ......................................................................... 10 1.3 Project Schedule....................................................................................................... 11 TASK 2B SURVEY, MAPPING AND RIGHT OF WAY ......................................................... 12 2.1 Research, Existing Data Compilation and Survey Control .......................................... 12 2.2 Field Surveying and Base Mapping ........................................................................... 13 2.3 Right-of -Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions .... 14 2.4 Supplemental Surveys (FUTURE) ............................................................................. 15 TASK 3B GEOTECHNICAL ENGINEERING ....................................................................... 15 3.1 Fieldwork .................................................................................................................. 15 3.1.1 Exploration and Traffic Control Plan ................................................................ 15 3.1.2 Utility Locate ................................................................................................... 15 3.1.3 Drilled Borings ................................................................................................ 15 3.1.4 Observation .................................................................................................... 16 3.2 Laboratory Testing .................................................................................................... 16 3.3 Engineering Analysis and Report............................................................................... 16 TASK 4B CONCEPTUAL DESIGN ...................................................................................... 17 4.1 Conceptual Design.................................................................................................... 17 4.1.1 Alternatives Analysis ....................................................................................... 17 4.2 30% Engineer’s Estimate .......................................................................................... 18 4.3 30% Roadway Design ............................................................................................... 18 4.3.1 Typical Roadway Sections .............................................................................. 18 4.3.2 Plan and Profile (PED & BIKE PROJECT) ....................................................... 18 4.3.3 Pavement Marking (SAFETY PROJECT) ........................................................ 19 4.3.4 Drainage (PED & BIKE PROJECT) ................................................................. 19 4.4 30% Traffic Design.................................................................................................... 19 Page 234 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 2 4.4.1 Inventory Signal Equipment (SAFETY PROJECT) ........................................... 19 4.4.2 Signal Design (SAFETY PROJECT) ................................................................ 19 4.4.3 Sign Design (SAFETY PROJECT) .................................................................. 19 4.4.4 Pedestrian Crossing Locations and Illumination Design (PED & BIKE PROJECT) 19 4.5 Utility Notification and Relocation Coordination .......................................................... 20 4.6 30% Submittal .......................................................................................................... 21 4.6.1 30% Plan Sheet List........................................................................................ 23 TASK 5B ENVIRONMENTAL DOCUMENTATION & PERMITTING ..................................... 24 5.1 Administration and Invoicing...................................................................................... 24 5.2 Environmental Kick-off Meeting and Site Visit. ........................................................... 24 5.3 NEPA Categorical Exclusion ..................................................................................... 24 5.4 SEPA Checklist Preparation ...................................................................................... 25 5.5 Supplemental Environmental Permitting Support (Contingency) ................................. 25 TASK 6B FINAL DESIGN - PS&E ....................................................................................... 26 6.1 General .................................................................................................................... 26 6.2 Typical Roadway Sections ........................................................................................ 27 6.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation ............. 28 6.4 Plan and Profile Plans (PED & BIKE PROJECT) ....................................................... 28 6.5 Intersection Grading Plans ........................................................................................ 28 6.6 Paving Details........................................................................................................... 30 6.7 Drainage System Details and Design (PED & BIKE PROJECT) ................................. 30 6.7.1 Stormwater Pollution Prevention Plan (SWPPP) .............................................. 30 6.7.2 Drainage Design Report.................................................................................. 31 6.8 Pavement Marking and Signing Plans, Schedules & Details (SAFETY PROJECT) ..... 32 6.9 Traffic Signal Plans and Details (SAFETY PROJECT) ............................................... 32 6.10 RRFB, Plans and Details (PED & BIKE PROJECT)............................................... 32 6.11 Staging and Traffic Control Plans ......................................................................... 32 6.12 60% Design Verification Meeting .......................................................................... 33 6.12.1 60% Plans ...................................................................................................... 33 6.12.2 60% Specifications.......................................................................................... 33 6.12.3 60% Engineer’s Estimate ................................................................................ 33 6.13 90% Submittal...................................................................................................... 33 6.13.1 90% Plans ...................................................................................................... 34 6.13.2 Final Plan Sheet List ....................................................................................... 34 6.13.3 90% Specifications.......................................................................................... 34 6.13.4 90% Engineer’s Estimate ................................................................................ 34 6.14 Ad -Ready Submittal ............................................................................................. 35 6.14.1 Ad -Ready Plans .............................................................................................. 35 6.14.2 Ad -Ready Specifications ................................................................................. 35 6.14.3 Ad -Ready Engineer’s Estimate ........................................................................ 35 6.14.4 Construction Schedule .................................................................................... 35 TASK 7B REAL ESTATE SERVICES (RES) ....................................................................... 35 7.1 Real Estate Services Management............................................................................ 36 Page 235 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 3 7.2 Property Descriptions and Valuations ........................................................................ 37 7.3 Valuation Process (AOS/Appraisal/Appraisal Review)................................................ 38 7.4 Acquisition and Negotiation Services ......................................................................... 39 7.5 Certification .............................................................................................................. 41 TASK 8B BIDDING PHASE ASSISTANCE ......................................................................... 42 TASK 9B PUBLIC INVOLVEMENT PROGRAM .................................................................. 42 9.1 Project Exhibits ......................................................................................................... 43 9.2 Open Houses and Council Briefings .......................................................................... 43 TASK 10B MANAGEMENT RESERVE FUND ....................................................................... 43 TASK 11B CONSTRUCTION SUPPORT SERVICES (FUTURE) ........................................... 44 Page 236 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 4 INTRODUCTION During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Pasco (CITY) in connection with the following project s: Sylvester Street Safety Improvements – Ped/Bike Program (PED & BIKE PROJECT). The Sylvester Street Safety Improvements – HSIP (SAFETY PROJECT) are under a separate scope of work. Combined they are the PROJECT. Background Sylvester Street is an east -west minor arterial that connects residential areas of the City to downtown Pasco. The City of Pasco 2020 Local Road Safety Plan identified Sylvester Street as one of the major corridors in need of safety mitigation measures. The Plan recommends reducing lanes, which has been shown to reduce collisions and provide safer conditions for pedestrians. The City has been awarded two separate grants for these improvements through the Washington State Department of Transportation (WSDOT ) City Safety Program and Pedestrian and Bicycle Program. The Pedestrian and Bicycle grant will fund sidewalk, cu rb and gutter, drainage improvements and pedestrian rectangular rapid flashing beacons (RRFBs) west of US- 395. This portion of the PROJECT is the Sylvester Street Ped & Bike Improvements PED & BIKE PROJECT. The City Safety Program application received a Highway Safety Improvement Program (HSIP) grant which will fund design and construction of pavement markings along Sylvester Street between 3rd Avenue to Road 54. This grant will also fund intersection improvements, including ADA upgrades as needed along the corridor between the U.S. Route 395 overpass and 3rd Avenue with traffic signal adjustments along the corridor. This portion of the PROJECT is the Sylvester Street Safety Improvements SAFETY PROJECT , which is a separate scope of work. Project Description The PROJECT includes sidewalk, curb and gutter, stormwater improvements, and the installation of rapid flashing beacons at three (3) locations on Sylvester Street between Road 54 and the west side of the US-395 overpass. Sidewalk improvements are planned o n the north and south side of the roadway. The US-395 crossing, including bridge approaches and the bridge itself, is excluded from the PROJECT, but proposed improvements will be compatible with a future pedestrian crossing planned on the south side of the Sylvester Street Overpass. For reference, this PROJECT plans to convert an undivided four -lane roadway segment into a three-lane roadway segment with two travel lanes, a center turn lane, and bicycle lanes. The PROJECT will narrow the width of the trav el lanes, lower the posted speed limit, and construct pedestrian enhancements (ADA retrofits) on West Sylvester Street between Road 54 and N 3rd Avenue. Additionally, traffic signal adjustments are anticipated at the following locations: Page 237 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 5 1. W Sylvester St and N 4th Ave 2. W Sylvester St and N 5th Ave 3. W Sylvester St and N 10th Ave 4. W Sylvester St and 14th Ave 5. W Sylvester St and 20th Ave (minor signal adjustments only) 6. W Sylvester St and Road 28 Project Team This scope of work uses the following references for PROJECT team members: • CITY = City of Pasco - PROJECT Sponsor and owner of facilities within City of Pasco rights-of -way • BFT = Ben-Franklin Transit (PROJECT Stakeholder) • WSDOT = Washington State Department of Transportation (PROJECT Funding Agency, Stakeholder and Approving Agency) • CONSULTANT = The HDR Consultant Team o HDR = HDR Engineering, Inc. (Prime Consultant on the PROJECT) o 1 Alliance = 1 Alliance Geomatics, LLC - subconsultant to HDR (Surveying, Utility Locates, Right-of -Way , Legal Descr iptions, Legal Exhibits) o AEC = Anderson Environmental Consulting LLC subconsultant to HDR (Environmental Permitting) o S&W = Shannon & Wilson , Inc. - subconsultant to HDR (Geotechnical) Scope of Work This scope of work includes project management, roadway design, survey, geotechnical engineering, utility notification and relocation coordination, PS&E development, temporary traffic control and staging, permitting, right of way acquisition, environmental review and documentation , public involvement support, and bidding phase assistance. Portions of the scope of work are identified as future work to be added by supplement to this contract prior to those phases of work, including construction support services. Major Milestone Schedule The following are major schedule milestones for the project: Notice to Proceed ....................................... December 2021 Conceptual Design ..................................... May 2022 SEPA Submittal…………… ......................... July 2022 60% Design ................................................ August 2022 90% Design ................................................ December 2022 ROW Acquisition Complete ......................... January 2023 Ad -Ready ................................................... January 2023 Bidding Phase............................................. Spring 2023 Page 238 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 6 Quality Assurance / Quality Control The CONSULTANT’s Quality Assurance Checklist will be completed and submitted by the CONSULTANT with each Plan submittal. Bid Ready PS&E work submitted to the CITY shall be stamped and signed by a professional engineer in the State of Washington. Milestone Plans, Specs, and Estimate submittals shall not be stamped and will be marked “Not for Construction”. The CONSULTANT will upload submittals to the PROJECT FTP site or OneDrive, provided by the CITY. The CITY will contact PROJECT stakeholders to download and review submittals. Stakeholders may include but are not limited to CITY Departments as appropriate (e.g. Police, Fire, Public Works Operations), Franklin Public Utility District, Cascade Natural Gas, Frontier, Comcast, Lumen, USPS, and BFT . The CITY will summarize the PROJECT stakeholder review comments of each plan submittal and transmit a single document that contains the compile d stakeholder comments to the CONSULTANT in a Review Ledger. The CONSULTANT will respond to the CITY’s comments in the Review Ledger by indicating the actions taken on each comment within two weeks, verifying that CITY comments have been addressed (or pro vide written response as to why the changes have not been made). Each plan submittal will include a comment review discussion between the CITY and the CONSULTANT. This meeting will be a collaboration session to chart the path forward to the next submittal and address any concerns that were observed during submittal review. Change Management This is a time and materials contract, with a not to exceed maximum contract value. If the scope of work increases or decreases as it relates to this scope of work , then an adjustment to the associated fees and delivery schedule will be implemented once the CITY and the CONSULTANT mutually agree on the terms of the change and an agreement to formalize the terms is executed. Subconsultant Coordination The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. The CONSULTANT shall coordinate with SUBCONSULTANTs regarding contracting procedures, shall prepare and execute contracts with individu al SUBCONSULTANTs, and shall address contract -related issues with the SUBCONSULTANTs as they arise during the project. SUBCONSULTANTs will prepare Quality Control plans and complete QC on all deliverables. The CONSULTANT will perform a Quality Audit to ens ure the SUBCONSULTANT followed their QC plan. The work of the SUBCONSULTANT shall not exceed its maximum amount payable unless the CITY has issued prior written approval. Either a percent of the SUBCONSULTANT agreement or direct labor should be noted for administrative costs in the fee estimate and invoices. Subcontracts shall contain applicable provisions of this AGREEMENT. Page 239 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 7 DBE Goal This PROJECT has a mandatory Disadvantaged Business Enterprise (DBE) goal of thirteen percent (13%). This goal was established by WSDOT on August 24th, 2021. This PROJECT does not have a voluntary Small Business Enterprise (SBE) goal. There is no training hour requirement on this PROJECT. Project Assumptions General Assumptions This scope of work is based upon certain assumptions and exclusions, identified below and under specific tasks. The following assumptions were used in the development of this scope of services: 1. The CONSULTANT Principal-in -Charge for this work will be Michael A. Pawlak, PE. The CONSULTANT Project Manager for this work will be Dustin L. Posten, PE. The CITY’s Project Manager for this project will be Jacob Sevigny, PE. 2. The CITY will provide to the CONSULTANT pertinent information in the CITY’s possession relating to the PROJECT . The CONSULTANT will rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. 3. The PROJECT will include separate schedules of work consistent with the grant funding breakdown but one Contract Plans, Specs, and Estimate will be develope d for the PROJECT . 4. The CITY shall provide or make available the following items to the CONSULTANT: a. CITY of Pasco Design Standards & Guidelines b. Existing GIS and survey mapping information of the project including but not limited to general utility location maps. c. Copies of existing record drawing information of the project area. d. Updated utility contact information. e. One set of consolidated review comments for each Major Milestone Submittal (30%, 60%, and 90%). f. Existing right-of -way plans for the PROJECT area. g. Signal timing information at the signals within the PROJECT limits on Sylvester Street h. Crash data at the study intersections as identified in the Traffic Analysis Section . 5. WSDOT standard bid items will be used for all items on the PROJECT, unless unavailable for items specified by special provisions. 6. Specifications will be developed based on WSDOT Standard Specifications incorporating the American Public Works Association (APWA) General Special Provisions (GSPs) and special provisions provided by t he CITY. Administrative sections of the contract documents including advertisement for bids, information for bidders, and bid package information will be developed based on CITY provided templates and examples for consistency. 7. WSDOT will review and approve PROJECT elements that impact the US-395 / Sylvester Street intersection and traffic signal operation. 8. AutoCAD Civil3D 2020 design and drafting software will be utilized on the PROJECT. Page 240 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 8 9. The PROJECT will be hosted on an HDR ProjectWise server and HDR Title Blocks will be used for plan sheets with the CITY logo. 10. Stormshed 3G, Bentley StormCAD, FlowMaster, CivilStorm, and/or other hydrologic and hydraulic software will be utilized for drainage design. 11. AGI32 software will be used for illumination design , if needed. 12. MS Excel will be utilized for spreadsheets. 13. MS Word will be utilized for word processing. 14. MS Project will be utilized for scheduling. 15. MS Power Point will be utilized for presentations. 16. Survey will be in State Plane Coordinates with horizontal datum of NAD 83 (2011) and vertical datum of NAVD 88 . 17. AutoTurn 11 will be utilized to evaluate vehicle turning movements as needed. 18. ESRI ArcGIS products will be used for the processing and presentation of geospatial information as needed. 19. Each memo deliverables defined in this scope of work includes a draft and final version of the memo deliverable. The CITY and Stakeholders will comment on the draft deliverable. The CITY will compile all comments and provide to the CONSULTANT. CONSULTANT will provide a proposed resolution in a comment log and will issue a final deliverable that incorporates the CITY’s and Stakeholder’s comments. 20. CITY comments to plans, specifications, and estimates (PS&E) will be cataloged by CITY. CONSULTANT will provide a proposed resolution in a comment log. CITY comments will be incorporated into later PS&E submittals. 21. Submittals will be in electronic format unless otherwise noted . All deliverables defined in this scope of work have an embedded quality control procedure , unless noted otherwise. 22. Construction bid estimates and other opinions of cost and schedule are estimates. Therefore, CONSULTANT makes no warranty that actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates. 23. CITY will host and solicit bids from Contractors on their website www.cityofpascoplanroom.com Design Standards and References The project shall be developed in accordance with the latest edition, amendments, and revisions (as of execution of this AGREEMENT) of the following publications, wh ere applicable: 1) City of Pasco Publications: a) City of Pasco Design and Construction Standards, Rev June 2020 2) State Publications a) 2023 Standard Specifications for Road, Bridge, and Municipal Construction (M 41 -10) b) Standard Plans for Road, Bridge, and Municipal Construction (M 21 -01) c) WSDOT Design Manual (M 22 -01.13) d) WSDOT Hydraulic Manual (M 23 -03) e) Amendments to the General Special Provis ions f) WSDOT Standard Item Table Page 241 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 9 g) WSDOT Highway Runoff Manual (M 31 -16) h) WSDOT Environmental Manual (M 31 -11) i) WSDOT Traffic Manual (M 51 -02.08) j) WSDOT Local Agency Guidelines (M 36 -63.32) 3) WA Department of Ecology (DOE) a) Stormwater Management Manual for Eastern Washington (SWMMEW) (2019) 4) American Association of State Highway and Transportation Officials (AASHTO) a) A Policy on Geometric Design of Highways and Streets (“Green Book”); 201 8, 7th Edition b) Any AASHTO policies where said policy is not in conflict with the standards of the City of Pasco. 5) U.S. Department of Transportation Publications: a) Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition with Revision Numbers 1 and 2 , dated May 2012) 6) Other Publications a) National Electric Code b) Illuminating Engineering Society (IES) Lighting Library c) Book of American Society for Testing and Materials Standards d) Institute of Transportation Engineers (ITE) Trip Generation (10th Edition) e) Highway Capacity Manual (6th Edition), Transportation Research Board f) American Public Works Association General Special Provisions Services Not Required • WSDOT City Safety Program and Pedestrian and Bicycle Program Grant reimbursement requests and reporting will be performed by the CITY. • Structural engineering for structures, retaining walls, or special signs. • WSDOT Intersection Plan for Approval and Intersection Control Evaluation (ICE) will not be required at the Sylvester Street/US-395 off-ramp intersection. PROJECT TASKS TASK 1B Project Management and Administration 1.1 Project Management, Invoicing, and Controls The purpose of this task is to describe those services necessary to plan, perform, and control the various elements of the PROJECT so that this scope of work is delivered by CONSULTANT. Activities: • The CONSULTANT shall provide an experienced project manager to oversee, schedule and manage the work of the Pro ject Team. Page 242 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 10 • The CONSULTANT shall provide management, coordination, and direction to the CONSULTANT’S staff to complete the PROJECT as provided in this scope of services on the schedule included and within budget. The CONSULTANT shall provide project management activities associated with filing, contract initiation, oversight of subconsultants, preparation of invoices, documentation of meetings, and other internal administrative tasks. • The CONSULTANT shall maintain a change log for the tasks de fined in this scope of work. The change log will document items of work that deviate from the key understanding and assumptions defined in the scope for work. • The CONSULTANT shall maintain a risk register for the tasks defined in the scope of work. The risk register will document items of work that pose risk to the PROJECT and require input from stakeholders to resolve. • The CONSULTANT shall transmit electronic copies of deliverables defined in the scope of work to the CITY. The CONSULTANT shall keep a log o f deliverable documents transmitted to the CITY. The log will include document name, type, version, and date. • The CONSULTANT shall prepare a Project Management Plan (PMP) outlining the project scope, team organization, budget, schedule, and communications plan. The PMP will also include the PROJECT Quality Assurance / Quality Control Plan and Project Health and Safety Plan. • The CONSULTANT shall provide monthly invoices and detailed progress report. • The CONSULTANT shall assemble project documentation, recor ds, and prepare electronic files to be retained by the CONSULTANT and transmitted to the CITY in accordance with this AGREEMENT. • The CONSULTANT shall coordinate with SUBCONSULTANTs to review, negotiate, and approve agreements, invoices, and modifications i n accordance with this AGREEMENT. Assumptions: • The contract duration is assumed to be from December 2021 through January 2023, or 14 months. Deliverables: • Monthly invoice documenting cost to date by activity • Monthly progress report detailing activities performed • Monthly log of deliverable materials transmitted to the CLIENT • CONSULTANT Quality Management Plan (for information only, no review) • Quality Assurance Documentation by deliverable • CONSULTANT Project Management Plan (for information only, no review) 1.2 Project Team Coordination Meetings The purpose of this task is to identify meetings for the CITY, the CONSULTANT, and third parties to coordinate and review th e design of the overall PROJECT during the development of the PROJECT design. Page 243 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 11 Activities: • The CONSULTANT shall attend and support the CITY in an initial overall team kickoff meeting as organized by the CITY. • The CONSULTANT shall organize and attend a month ly one-hour coordination meeting with the CITY to coordinate the elements of design contained in the scope of work. The CONSULTANT shall detail PROJECT action items and proposed resolutions in a tracking log. The CONSULTANT Project Manager will attend all meetings with the Traffic and Roadway leads attending half of the meetings. • The CONSULTANT shall attend up to 6 additional meetings to support the CITY with PROJECT stakeholder briefings, negotiations, and coordination, such as with WSDOT, Utilities, City Staff , Property Owners, or PROJECT Stakeholders. The CONSULTANT Project Manager will attend all meetings with the Traffic and Roadway leads attending half of the meetings. • The CONSULTANT shall organize 6 monthly internal team coordination virtual meetings lasting one hour each to coordinate the design, discuss progress, review the schedule, and develop action items . The Project Manager, Traffic, Roadway, and RES leads will attend each meeting. Assumptions: • The initial kickoff meeting and coordination meeting s will occur remotely using the CITY’s preferred virtual meeting software. HDR’s preference is Webex . The kickoff meeting and monthly coordination meeting will last one hour, without travel. CONSULTANT staff attending the initial kickoff meeting and monthly coordination meeting with the CITY shall include the Project Manager , Roadway and Traffic Lead. • CONSULTANT staff travels to/from in-person meetings (as needed) is reimbursable by the CITY, approximately 4 hours round -trip. • The CONSULTANT shall prepare and distribute meeting agendas for the meetings the CONSULTANT is organizing. • Additional technical meetings with the CITY or other third parties to support technical activities defined in the tasks below have been included in those tasks. Deliverables: • Meeting agenda prior to the meeting and minutes for meetings the CONSULTANT has organized within one week. 1.3 Project Schedule The purpose of this task is to outline the tasks and timeline necessary to plan, perform, and control the various elements of the PROJECT so that this scope of work is delivered by CONSULTANT. Activities: • HDR will prepare a schedule in Microsoft Project. The schedule will be baselined with approval of the planned tasks with the CITY PM and CONSULTANT PM. The PROJECT team will use the schedule, which will be updated quarterly with actual milestone Page 244 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 12 achievements, to check the budget, staffing levels, and where the deliverable schedule might be affected. These tools will be used to adjust staff assignments s o that our schedule and fee commitments are met. PROJECT team meetings will enforce the schedule and hold team members accountable for progress on their components of the PROJECT. • PROJECT duration is anticipated to be 14 months from December 2021 through January 2023. Deliverables: • PROJECT Schedule • Quarterly PROJECT Schedule updates TASK 2B Survey, Mapping and Right of Way This task involves field surveying to densify horizontal and vertical control within the project limits, collecting existing topographic featu res and producing a project basemap and existing ground surface be used in design, and conducting additional survey work to supplement the basemap and surface as the design progresses. See image below for mapping limits. 2.1 Research, Existing Data Compilation and Survey Control This task includes the recovery of existing City of Pasco survey control and establishing supplemental control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GNSS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard traditional total station measurements. • This survey will be referenced to the City of Pasco horizontal and vertical datums: o Horizontal Datum NAD83. o Vertical Datum NAVD88. • Units shall be in US Survey Feet. Page 245 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 13 Assumptions: • CONSULTANT will set up to six (6) control points suitable for use during construc tion. Deliverables: • Set permanent control points in the field and provide control summary for incorporating into the Design Plans. 2.2 Field Surveying and Base Mapping This task includes the field surveying and mapping required for this specific effort. The CONSULTANT will be using a 3D Laser Scanner supplemented with a traditional Total Station and GPS technologies to collect the data for use in the creation of a basema p for the PED & BIKE PROJECT . This effort will be performed by or under the direct supervision of a Washington State professional land surveyor. West Survey Limits: Visible surface features within the West Limits to be surveyed include the edge of pavemen t, signs, driveways, surface utilities, surface evidence of subsurface utilities, pavement markings, and trees 4−inch diameter and greater. Storm drainage and sanitary sewer structures will not be measured internally. GIS information will be used to conn ect the underground utilities. Utility measure downs for invert elevations and pipe sizes for storm drainage, sanitary sewer structures, and top of nut for water valves will not be performed. The CONSULTANT will be responsible to coordinate the underg round utility locates. Locates for sub-surface utilities will be obtained prior to the commencement of field survey work. The utility locates will use the Northwest Utility Notification Center (NUNC). Should NUNC locates be insufficient, the CONSULTANT will notify the CLIENT for further instructions. This proposal does not include the expense for a private utility location service. The utility locates will be requested at the five (5) intersections within the East Survey limits. This task includes the office processing of the collected survey data, data extraction, field book note reductions, CADD drafting, and other duties required for the generation of the deliverable(s). The 3D laser scanning effort sub -tasks include the registering of point clouds; evaluating the registrations; exporting the point cloud data to Civil3D; creating or picking of appropriate points in Civil3D; Linework and Layering, and standard CADD drafting of the deliverables, as required. Page 246 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 14 The CONSULTANT will prepare a 1”=20’ comprehens ive basemap adequate to support engineering design. The completed base map will be reviewed for accuracy by the Survey Quality Control Lead and any comments made during this review will be rectified and verified prior to release of the basemap. Assumptions: • No r ight-of -Entry (ROE) is anticipated to be required. However, if necessary, ROEs will be obtained by the CITY. The ROE will extend 6 months beyond the anticipated PROJECT completion and allow for all services in this Scope of Work including possible disturbance for utility locates as needed. • The CONSULTANT will develop any required Traffic Control Plans and obtain approvals and permits as needed from the CITY and WSDOT. • Underground utilities will be painted or located by One −Call, as possible. • The CONSULTANT will provide the survey in AutoCAD 2018 DWG format (or newer). • Field survey will not be required beyond the existing right -of -way (or presumed right-of- way). Deliverable(s): • Topographic Survey and ROW Base Map (electronic copy), 1 ”=20’ basemap, 1-foot contour intervals. • Supplemental survey and corresponding Base Map updates. • AutoCAD Surface (electronic copy in XML format compatible with 2018 AutoCAD Civil 3D or newer.) • Copy of field survey books (electronic copy including all point data in a txt or other plain text file format). • ASCII file of control points and an AutoCAD file with all points displayed with all breaklines displayed. 2.3 Right-of-Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions T he CONSULTANT will review and resolv e up to 10 parcels and their associated right -of -way lines. The right-of-way and parcel lines will be based on CITY provided title reports, recorded county records research, and surveyed monumentation for the west portio n of the project. Existing easements described in the title reports that can be drawn, will be incorporated into the drawing file. This task includes the development of up to 10 legal descriptions and exhibits in support of right-of -way acquisition or new easements. Assumptions: • The CITY will obtain all necessary title reports for the 10 parcels that are anticipated, as well as any additional title reports that may be necessary . Title Reports will be provided to the CONSULTANT in PDF format. Page 247 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 15 • The CITY will u pdate any title reports necessary for the CONSULTANT to complete ROW acquisition and certification. • Up to 10 parcels will require Exhibits and Legal Descriptions − up to two versions each. Deliverable(s): • Draft and Final ROW Legal Descriptions and Exhibits in hard copy and electronic format , stamped by a Washington State professional land surveyor . • Draft and Final Right -of -Way Plans 2.4 Supplemental Surveys (FUTURE) It is assumed that during the design phase, some level of supplemental survey may be necessary. Possible reasons include: private property match/conforms, utility features and invert information , structure elevations, or features requiring more definition for design purposes. If necessary, this supplemental survey will be coordinated and a pproved via amendment to this agreement as extra work. TASK 3B Geotechnical Engineering The CONSULTANT will explore subsurface conditions along the project alignment with drilled borings. Based on the subsurface conditions encountered, the CONSULTANT will provid e foundation recommendations for pedestrian signals, standard Franklin PUD street lights, and subsurface infiltration recommendations. The following sections describe the proposed services. 3.1 Fieldwork 3.1.1 Exploration and Traffic Control Plan If necessary, the CONSULTANT will coordinate with a local traffic control provider to determine the required traffic control to be implemented during field explorations. An exploration and traffic control plan will be provided two (2) workdays prior to fieldwork for CIT Y review and approval. 3.1.2 Utility Locate The CONSULTANT will mark exploration locations and contact the local utility notification center prior to commencing fieldwork. Utilities not located via the request to the Utilities Notification Center are the resp onsibility of the property owner or others to locate and clearly mark prior to the exploration. The CONSULTANT cannot be responsible for utilities not clearly identified in the field. 3.1.3 Drilled Borings The CONSULTANT proposes to drill up to three (3) borings using a truck-mounted drill rig with hollow-stem auger drilling methods. The CONSULTANT’s drilling subcontractor will extend the borings approximately 10 feet below the existing ground surface (bgs), depending on the proposed improvement at or near the exploration. The CONSULTANT will obtain samples in Page 248 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 16 conjunction with the Standard Penetration Test (SPT) at 2½-foot intervals to approximately 10 feet bgs. At completion, the CONSULTANT will backfill the borings according to Washington Department of Ecology requirements. Drill cuttings may be spread along the ground at or within 100 feet of the boring locations. 3.1.4 Observation The CONSULTANT’s engineer or geologist will log each boring and obtain disturbed samples as the work progresses. We will record the groundwater depth, if encountered. The CONSULTANT will place recovered soil samples in labeled plastic bags or jars for transport and laboratory identification. Bulk samples will be placed into large plastic bags, or similar containers, for transport and testing in the CONSULTANT’s laboratory. 3.2 Laboratory Testing The CONSULTANT may perform the following laboratory tests on selected soil samples retrieved from our explorations. • Moisture Content (ASTM D 2216) for material characterization and soil in dex properties; and • Particle Distribution (ASTM D 422) for material characterization and soil index properties. • Cation Exchange Capacity (U.S. Environmental Protection Agency [U.S. EPA] Method 9081) for an estimate of treatment capacity. 3.3 Engineering Analysis and Report The CONSULTANT will perform geotechnical engineering analyses and prepare a geotechnical engineering report (GER) that summarizes the observations, explorations, laboratory testing, and engineering analyses in accordance with the Washington State Department of Transportation (WSDOT) and City standards. The GER will include: • exploration (boring) logs and a site exploration plan; • soil classifications; • groundwater depth, if encountered, or as provided from available well logs; • sign and luminaire foundation recommendations in accordance with WSDOT or local Public Utility District (PUD) standards; • foundation soil parameters for lateral resistance analys is, including unit weight, friction angle, cohesion, and lateral bearing pressures; • saturated hydraulic conductivity rate(s) for stormwater disposal considerations based on material grainsize analyses; • utility trenching, including excavations, subgrade pr eparation, bedding, and backfill requirements; • geotechnical grading recommendations including clearing and grubbing, compaction requirements, re -use of onsite soils, borrow and select fill, removal or treatment of Page 249 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 17 unsuitable materials, subgrade preparatio n, instrumentation for construction control, groundwater observations, and temporary excavations; and • wet weather construction considerations. Assumptions: • Pavement structural section recommendations are not included. • A private utility locator is not included. • The CONSULTANT will not mobilize for fieldwork without an approved traffic control plan. It is assumed the traffic control plan will be reviewed and approved within two (2) business days or less depending on fieldwork schedule/driller availability. • Borings will not be within WSDOT ROW or on private property. Deliverable(s): • Draft and Final Geotechnical Engineering Report (GER), electronic TASK 4B Conceptual Design The purpose of this task is to evaluate alternative designs to meet the PROJECT goals and evaluate the available funding to proceed with an effective and practical corridor design. 4.1 Conceptual Design 4.1.1 Alternatives Analysis The CONSULTANT will prepare conceptual roadway sections for Sylvester Street using graphical representation software suitable for public outreach and education. The sections will denote ROW width, existing roadway width, existing lane configurations and proposed lane configurations. Sections will be created for the following general conditions: • Residential section west of US-395. • Downtown section east of US-395, between signalized intersections. • Downtown section east of US-395, at signalized intersections. A PROJECT wide aerial exhibit will be created to show representative locations along the corridor that the sections are intended to represent. Up to two (2) alternatives will be created for each section noted above with an associated list of pros and cons associated with each conceptual section in a memo. Comparative magnitudes of construction costs will be represented in the Alternatives Analysis Memo , but detailed cost estimating for each alternative will not be completed. Assumption(s): • No more than two (2) alternatives for each of the above sections will be developed. Page 250 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 18 • The alternative analysis will be completed after the PROJECT survey to verify the existing ROW and roadway widths • A representative “typical” section for each section will be used but it is anticipated that variable conditions exist within the corridor and modifications will be needed in follow on design to tailor the selected alternative to existing conditions. 4.2 30% Engineer’s Estimate The CONSULTANT shall produce 30% Engineer’s Estimate to inc lude in the 30% submittal documents. Unit Quantity calculations will be determined using measurement tools in AutoCAD and documented on excel worksheets, showing assumptions made in determining quantities for each bid item. Backup calculations shall speci fically include items measured by the appropriate unit. The Engineer's Estimate will include an itemized list in tabular form, describing; section, item, and number of units (quantity), estimated unit costs, and total cost, with the understanding that any cost opinion or Engineer's Estimate provided by the CONSULTANT will be on the basis of experience and judgment. The estimate shall be prepared using standard unit costs and lump sum prices based on available CITY bids and/or WSDOT’s available UBA (unit b id analysis) information here: https://wsdot.wa.gov/biz/contaa/uba/ Assumption(s): • The project will be constructed in 2023. The estimate will include contingencies for 30% design level and adjustments to overall cost to reflect 2023 construction. • The CITY will provide bid tabs from recent CITY transportation projects. 4.3 30% Roadway Design 4.3.1 Typical Roadway Sections The CONSULTANT will prepare preliminary typical roadway section plans not to scale (NTS) for Sylvester Street. The sections will denote roadway lane configurations, component depths, widths, sidewalks, and curbs. 4.3.2 Plan and Profile (PED & BIKE PROJECT) The CONSULTANT will prepare plan and profile drawings showing the horizontal alignment and vertical profile for the project. Superelevation modification of the roadway is not anticipated . Preliminary plan and profile sheets will be produced for Sylvester Street west of US-395 where new sidewalk, curb and gutter, and drainage improvements are assume d. Sylvester Street east of US-395 will not have profiles generated, and plan information will be shown on other sheets . New and existing drainage facilities will be shown on the Plan view at the preliminary phase in lieu of separate standalone drainag e plan and profile sheets. The plans will show dimensions for roadway outlines and sidewalks. The plans will also show curb returns, tapers, intersection layouts, and proposed driveway accesses where modified , which are typically shown at the preliminary phase. A preliminary layout of property impact limits will be developed and shown in the form of cut/fill lines where applicable. Detailed intersection and curb ramp grading will not be shown at the 30% design level. Page 251 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 19 4.3.3 Pavement Marking (SAFETY PROJECT) To be completed under a separate scope of work. 4.3.4 Drainage (PED & BIKE PROJECT) The CONSULTANT will complete preliminary drainage calculations to size and locate the stormwater management BMPs based on the 30% design configuration for portions of the PROJECT that expand existing impervious surfaces or introduce physical barriers to the existing stormwater . Preliminary drainage plans will be provided to coordinate with all disciplines and verify the PROJECT footprint an d limits. Assumptions: • Subsurface infiltration trench BMPs will be used with short section of storm sewer connected to standard catch basins or similar infiltration -based stormwater management facilities. • Lane configurations will be verified in the traffic analysis completed in Task 3 and with the selected alternative . • A drainage report will not be provided at 30% design. • No landscape or irrigation improvements (and associated design) will be included in this PROJECT . Deliverables: • See 30% Submittal Section below. 4.4 30% Traffic Design This task involves the preliminary planning of traffic signal modifications including confirmation with the CITY of design standards to be used with a signal modification design memo, Plans and Engineer’s estimates of traffic sig nal modifications. The CONSULTANT will meet with the CITY to determine the desired system requirements and to identify the major system components, significant conflicts, and challenges (if any), and other items that have the potential to significantly affect construction costs. 4.4.1 Inventory Signal Equipment (SAFETY PROJECT) To be completed under a separate scope of work. 4.4.2 Signal Design (SAFETY PROJECT) To be completed under a separate scope of work. 4.4.3 Sign Design (SAFETY PROJECT) To be completed under a separate scope of work. 4.4.4 Pedestrian Crossing Locations and Il lumination Design (PED & BIKE PROJECT) The CONSULTANT will design new pedestrian crossings at three (3) intersections west of US- 395 (Road 52, Road 44, and Road 34). Traffic design as part of the 30% design package will include: Page 252 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 20 • Rectangular Rapid Flashing Beacons (RRFBs) with audible pedestrian signals and pedestrian countdown signals . Assumed design of hardwired RRFB units. • ADA push button requirements and placements • Crosswalk markings and advanced signs • Intersection illumination evaluation using AGi32 to meet RP-8 standards and design . Assumptions: • Illumination design and evaluation will only be performed at new pedestrian crossings. • If requested by the CITY, or necessary due to signal modifications, ex isting traffic signal mounted luminaires will be replaced and upgraded using equivalent LED fixtures to the maximum extent feasible. Deliverables: • See 30% Submittal Section below. 4.5 Utility Notification and Relocation Coordination The CONSULTANT will develo p a utility corridor plan showing the location of the existing utilities within the roadway corridor where sidewalk, curb and gutter, or roadway widening is anticipated . In general, this is limited to the segment west of US-395 (PED & BIKE PROJECT) and at the signalized intersections (SAFETY PROJECT). For these areas, the utility corridor plan will identify potential utility conflict locations for additional coordination . The CONSULTANT will coordinate with affected utilities to identify type, size and location of future utilities and needed accommodations . The CONSULTANT will work with the f ranchise utilities to locate their proposed facilities but will not design their relocation. Franchise utility design will be completed by the f ranchises and not by the CONSULTANT . The CITY utilities will generally be preserved and protected with minor adjustments and relocations if needed due to conflicts. No major CITY utility upgrades or replacements are included in the PROJECT. Utilit y Purveyors: Non-CITY Utilities may include: • Franklin County Irrigation District (FCID) • Cascade Natural Gas • Franklin PUD – Power and Illumination • Comcast – Cable TV / Fiber Optics • Lumen – Telephone Communications/Fiber Optic • Frontier – Telephone Communications/Fiber Optic • WSDOT – Traffic and Illumination Conduit / Fiber CITY Utilities Include: • Water Main • Sanitary Sewer Page 253 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 21 • Storm Water (Included under separate task) • Traffic and Illumination Conduit / Fiber (Included under separate task) Assumptions: • All private utilities within the corridor are allowed by franchise agreements and not within utility easements or have prior rights except FCID and PUD. • If applicable, the CITY will be involved in all coordination efforts with franchise utilities and will provide the CONSULTANT authority support when necessary for relocation efforts by the franchise utilities • The CITY will be responsible for sharing project funding information with the franchise utilities if requested • If a franchise utility requests funding fr om the project for relocation of existing facilities, the CITY will be responsible for developing and executing all agreements to accommodate any franchise utility request in a timely manner Deliverables: • The CONSULTANT will provide written notification to all utilities within the project limit of the design impacts for initial contact. The initial contact letter will inform each utility of the project limits and provide an existing utility map exhibit ide ntifying each of the utilities in color. The letter will request verification from each utility for accuracy of the facilities shown and request any buried utility depth information which may be available. Additionally, the letters to the franchise utili ties will request if relocation costs by the franchises are expected to be reimbursed by the CITY, and if so, the franchises will need to provide agreement rights identifying reimbursement cost responsibilities. • The CONSULTANT will follow -up with each of t he utilities with supplemental 30% design plans including information for any necessary accommodations to the existing utilities including proposed locations for any necessary relocations or adjustments. • The CONSULTANT will provide a Utility Conflict Matrix (if applicable) • The CONSULTANT will provide meeting minutes from utility meetings. It is assumed there will be two meetings lastly two hours attended by the PM and Roadway lead. • The CONSULTANT will provide copies of information and documents received from utility companies. 4.6 30% Submittal The CONSULTANT shall prepare 30% design drawings complying with CITY and industry standard level of detail at this stage of project development. The delivery package of the 30% submittal shall include the Plans, Engineer ’s Estimate, and Design Memorandums for each discipline where noted documenting the design decisions shaping the project . Assumption(s): Page 254 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 22 • The level of effort and fee estimate for this task is based on the number of sheets for each discipline as shown in the sheet list provided. The sheet list was prepared based on CONSULTANT’s current knowledge of the project scope and anticipated work elements. • The CONSULTANT shall consult with the CITY prior to developing any sheets if the actual number of required sheet s varies from the original sheet count estimate. If the CITY and the CONSULTANT concur that total number of sheets required to detail the project exceeds the original estimate, the budget for this task may be amended. Deliverable(s): • Survey and Existing Data Collection (Included under separate task) • Alternatives Analysis Memo • 30% Plans • Engineer’s 30% Engineer’s Estimate Page 255 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 23 4.6.1 30% Plan Sheet List Project Sheet List Estimate (COMBINED PROJECT) Description (Funding) 30% Cover Sheet with Vicinity Map (both) 1 Index and Project Key map (both) 1 Legend, General Notes, and Abbreviations (both) 2 Roadway Typical Sections (both) 1 Plan & Profile Plans (Ped & Bike Imprv.) 16 Temporary Erosion & Sedimentation Control (TESC) and Site Preparation Plans (both) 11 TESC Details (both) -- Paving Details (both) -- Intersection & Curb Ramp Grading Details (both) -- Drainage Details (Ped & Bike Imprv.) -- Pavement Marking & Signing Plans (Safety Imprv.) 9 Pavement Marking Details (Safety Imprv.) -- Signing Schedule & Details (both) -- Signal Plans (Safety Imprv.) 6 Signal Details (Safety Imprv.) -- Illumination Schedule & Details (Ped & Bike Imprv.) -- RRFB Plans (Ped & Bike Imprv.) 3 Staging and Traffic Control Sequencing Notes (both) 1 Staging and Traffic Control Plans (both) –Class A sign overview sheet only at 30% 1 Total # Sheets 52 Page 256 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 24 TASK 5B Environmental Documentation & Permitting The purpose of this task is for AEC to complete administration and invoicing, engage the regulatory agencies, conduct fieldwork, prepare NEPA documentation, and prepare a SEPA package. 5.1 Administration and Invoicing AEC will conduct general administrative d uties to set up and close out the project in the accounting and time tracking system. AEC will also prepare up to 6 invoices. 5.2 Environmental Kick -off Meeting and Site Visit. The CONSULTANT will organize a one-hour meeting with the CITY to kick -off the environmental review portion of the work, focusing on the PROJECT history, status, and planned schedule. For the purpose of this scope the site visit will be conducted the same day as the kickoff meeting. If necessary, to accommodate other’s schedules, th e kick-off meeting can be separate from the site visit with the kickoff meeting being virtual with a smaller group site visit with AEC, CONSULTANT PM, and CITY PM. 5.3 NEPA Categorical Exclusion AEC will prepare a draft and final NEPA Categorical Exclusion (CE ) for the project, summarizing, and evaluating project impacts. This task will include the following: 1. Site Visits: Complete up to 1 site visit; One visit with the project team and interested parties to identify the project activities and general impacts, and to review the project area to collect resource specific information. This will include conducting the windshield survey for potential hazardous materials in the area. 2. A NEPA Kick off meeting will be conducted with WSDOT via conference call. The CONSULTANT will prepare a summary of key environmental impacts and discuss the anticipated environmental requirements, documentation requirements, submittals and review processes. 3. Develop draft and one final Area of Potential Effect (APE) Package with a Project v icinity map, project description, depths of excavation and photos. This will be submitted to the City of Pasco and WSDOT Local Programs (LP) for review then forwarded to WSDOT Highways and Local Programs (WSDOT HQ). Address up to 2 sets of comments. Based on preliminary information the project is expected to be covered under the WSDOT Programmatic Agreement for Section 106 and therefore a Cultural Resource Survey is not included in this scope; however, it is anticipated there will be extensive coordination with the project team to identify depths of excavation/extent of previously disturbed soils and potential impacts early in design in order to demonstrate applicability under the Programmatic Agreement. There is also anticipated to be up to 1 conference calls with WSDOT LP and HQ regarding this topic. Page 257 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 25 4. Categorical Exclusion Documentation Form: Review the agency databases and contact agency personnel regarding Endangered Species Act (ESA) species, hazardous materials, environmental justice, wetlands and hydrology, inclusion in the STIP and other information as applicable. This is anticipated to r equire preparation of deminimis documentation for minimal impacts to section 4(f) resources such as tying the sidewalks into Sylvester Park. This will require coordination with the City Parks Department and preparation of WSDOT documentation to meet WSDOT/FHWA requirements. A right sized hazmat memo will be prepared with a map and table of known sites, photos and site records that are available. It is assumed there is no new right -of -way needed, displacements or impacts to structures. 5. Reviews and Revisions : The CE package will be reviewed by the City of Pasco, WSDOT Local Programs and WSDOT Highways and Local Programs. After the draft is submitted for review, the CONSULTANT will address up to 3 sets of comments. 5.4 SEPA Checklist Preparation AEC will prepare a SEPA checklist consistent with the requirements of WAC 197 -11. The draft and final will be provided to the CITY and the distribution and processing will be conducted by the CITY as the SEPA lead agency. The CONSULTANT will provide SEPA r esponse comment support for up to 3 unique responses to public comments. 5.5 Supplemental Environmental Permitting Support (Contingency) If necessary, additional field investigation and evaluation will be completed under a separate amendment . Assumption(s): • The environmental phase will be limited to 6 months after the Environmental portion of the PROJECT begins. • One SEPA and one NEPA will be completed for the PROJECT. • The PROJECT will be permitted as a CE. If the PROJECT impacts are outside the scope of a CE, then this Supplemental Task may be required. • The scope will not include an individual or programmatic Section 4(f) evaluation, Biological Assessment, Wetland Delineation, Critical Areas review or permitting, Socio -economic Report, Noise Analysis, Cultural Resource Survey, Hazardous Materials Memo/Report, or other reports not described. If additional reports or addenda are required, they will be considered extra work and require a supplement. • There will be no displacements as a result of the project. • The SEPA Checklist will be based on the 60% design impacts, footprint, and assumptions. If substantial changes occur after 60% design, a revised SEPA checklist may be required which will be considered as Extra Work. • Rights-of -entry (ROE) to private properties shall be in writing prior to any initiation of field efforts outside ROW. Page 258 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 26 • SEPA checklist preparation will not require separate field work, study, or analysis by the CONSULTANT, not already included as part of this scope. Information to prepare the checklist will be gathered from known data sources, mapping, and online research and existing documents provided by the CITY and the site visit during the kickoff meeting that was previously described. • The CITY will formally issue the SEPA determination and dis tribute public notice and supporting materials to the appropriate agencies and the public. • Mailing lists and postage fees will be provided by the CITY. • Public notification mailing, distribution, posting at public facilities (library, City Hall, county f acilities etc.), on-site posting as required will also be handled by the CITY. • Coordination and payment for the public notice in the local newspapers will be handled by the CITY. • Scope and budget to support a SEPA appeal is not included and is considered E xtra Work. • Roadway plans will be provided for use with GIS if needed. • Design year traffic data will be provided by the CITY or CONSULTANT traffic engineers. • Interim year and design year traffic volumes (or growth rates) including turning movements and signal timing data will be provided by the CITY or CONSULTANT traffic engineers. • Suitable design-level information for modeling will be provided. • There will be no more than 3 revisions of any of the described documents • Changes to the project description and/or project area may necessitate modifications to this scope of services; such changes will be considered as Extra Work. • No wetland, stream, critical area, or archaeological monitoring will be required; if necessary, this will be considered as Extra Work. Deliverable(s): • 6 Invoices total for the PROJECT • Environmental Kick-off Meeting Minutes and Agenda, one for the PROJECT • Draft and Final SEPA Checklist, one for the PROJECT • Draft and Final NEPA CE, one for the PROJECT TASK 6B Final Design - PS&E The CONSULTANT shall follow the guidelines set forth in the CITY’s Design Standards and WSDOT LAG manual when preparing the 60%, 90%, and Ad -Ready plans, specifications, and estimate. 6.1 General The CONSULTANT will prepare the contract drawings in accordanc e with the CITY’s design standards. Unless otherwise noted or directed by the CITY, the CONSULTANT will prepare plan view sheets at a 1”= 20’ scale (full size 22”x34”) and 1” = 40’ scale (half size 11”x17”). The CONSULTANT will prepare a cover sheet inclu ding an index of drawings. The list of plan sheet titles in the indices will exactly match the titles as they appear on the plan sheets. Page 259 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 27 The CONSULTANT will prepare a vicinity map showing the project limits. The vicinity map will include the beginning and ending of construction, stations, major cross streets, waterways, and critical areas. The CONSULTANT will prepare a sheet layout index for each scale used showing the sheet layout for the various disciplines. CONSULTANT will prepare general notes, abbrevi ations, and symbols sheet. The CONSULTANT will prepare a set of alignment tables and plan sheets for survey control, monumentation, and alignments. The alignment tables will list necessary curve details for both existing and proposed centerline alignments. The plan sheets will include alignment centerline, horizontal and vertical control data. Assumption(s): • Symbols used by the CONSULTANT in the plans shall follow APWA standards. If the symbols are not in the APWA standards, then CONSULTANT standard symbo ls shall be used. • Plans shall be prepared on the survey basemap. Each sheet shall contain design elements, with line work for items detailed on other sheets screened back or drawn in thin pen weight. The CONSULTANT is expected to the Industry Standard of Care in the design planning and layout, with elements shown as close as possible to where they are to be installed. • General Construction Notes will be noted on plan sheets. General Notes will be numerically ordered and consistent throughout the plan set. Note and leader shall call out unique Construction Notes. Bubbles with leaders will be acceptable only for recurring Construction Notes and wiring notes for Signal and Illumination plans as they are numerically ordered and consistent throughout the appl icable sheets. • If additional detail is required to provide clarity, the Plans and Details shall include an enlarged view. • The level of effort and fee estimate for this task is based on the number of sheets for each discipline as shown in the sheet list p rovided. The sheet list was prepared based on CONSULTANT’s current knowledge of the project scope and anticipated work elements. • The CONSULTANT shall consult with the CITY prior to developing any sheets if the actual number of required sheets varies from the original sheet count estimate. If the CITY and CONSULTANT concur that total number of sheets required to detail the project exceeds the original estimate, the budget for this task may be amended. • Standard CITY and WSDOT details will be called out in the Plans, but not included in the detail sheets. • The CONSULTANT will prepare one PS&E package for the PROJECT with separate schedules of work for the SAFETY PROJECT and PED & BIKE PROJECT. 6.2 Typical Roadway Sections The CONSULTANT will further develop the typical roadway sections developed at 30% Design. Page 260 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 28 It is assumed that all cross-street work will be minor and will be able to be built using plan and detail sheets only – no roadway section will be required. The typical sections cover typical p hysical work throughout sections of the project and will not include every minor change in section dimensions and features, nor include detailed channelization information. Where there are anomalies the appropriate discipline plans will be referenced for concurrence. 6.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation The CONSULTANT will prepare temporary erosion control details which show erosion and sedimentation controls measures to be used for this project. The TESC drawings will be prepared in accordance with the CITY requirements and by reference the requirements written in the SWMMEW and will also be included with the SWPPP. The CONSULTANT will define the site preparation and demolition activities, including items to be abandoned, salvaged, recycled, or removed, and identify facilities that need to be protected during construction. Site Prep plans will include surface feature items, such as pavements (by type), sidewalk, curbs, walls, and miscellaneous structures. Demolition r equired for utilities, drainage features, signing, signalization and illumination will not be included in these drawings and will be shown on the relevant discipline drawings. Cut/fill lines will be shown on the plans where applicable. 6.4 Plan and Profile Plans (PED & BIKE PROJECT) The CONSULTANT will further develop and detail the plan and profile plan sheets developed at 30% Design. The CONSULTANT will include plan and profile information for the drainage design necessary for the additional impervious sur face and other new surface improvements, including plan views of drainage pipes and structures, sub -surface infiltration facilities, connections to the existing and stormwater systems. Additional existing drainage inlets will be evaluated for relocation as necessary to accommodate the additional roadway width and runoff conveyance. These storm system layouts will include catch basin and manhole locations, and the details required to describe the stormwater facilities. These plans will include profiles fo r the storm drains required within the project limits. Pipe elevations on all inverts, size, length, and type as well as drainage structures will be included. Profiles of the stormwater facilities will also be included. Existing and proposed utility crossi ngs will be depicted based on available survey information and/or GIS information where applicable. 6.5 Intersection Grading Plans The CONSULTANT will design intersection grading to tie into the existing cross street’s existing terrain. Intersection curb radi i will be designed including curb radii tables with locations and elevations for PC, PT, quarter points, low points, and curvature staking information including Page 261 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 29 radius, length of curve, tangent, and delta. Curb ramp grading will be performed for each curb ramp in the corridor and will be designed on curb ramp detail sheets to meet ADA requirements. Half grading intersections will typically include one pair of ramps crossing a street. Full grading intersections will include more than one pair of ramps. It is assumed that an ADA Maximum Extent Feasible (MEF) per WSDOT standards will not be required on this PROJECT. Page 262 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 30 It is assumed the following intersections will have associated intersection and curb ramp grading sheets: PED & BIKE PROJECT SAFETY PROJECT To be completed under a separate scope of work. INTERSECTION HALF/FULL GRADING INTERSECTION HALF/FULL GRADING RD 54 (SOUTH) HALF Rd 28 Full RD 52 (RRFB) FULL N 20th Ave COMPLETE RD 50 (NORTH) HALF N 14th Ave Full RD 49 (SOUTH) HALF N 10th Ave Full RD 48 (NORTH) HALF N 5th Ave Full RD 46 (SOUTH LOOP) HALF N 4th Ave Full RD 47 (NORTH) HALF N 3rd Ave Full RD 46 (SOUTH LOOP) HALF RD 46 (NORTH) HALF RD 45 (SOUTH) HALF RD 44 (RRFB) FULL 43RD WAY (NORTH) HALF RD 42 (NORTH) HALF RD 40 FULL RD 39 (SOUTH) HALF RD 38 (SOUTH) HALF RD 37 FULL RD 36 FULL RD 34 (RRFB) FULL RD 32 (NORTH) HALF 6.6 Paving Details The CONSULTANT will design special details for project specific, non -standard features as needed to ensure proper construction. Details will include: • BFT Bus Shelters and pads (Standard Details will be used) • Hardened centerline (if needed) • Center turn lane median island (if needed) 6.7 Drainage System Details and Design (PED & BIKE PROJECT) The CONSULTANT will prepare details for the drainage design necessary for the additional impervious surface including nonstandard drainage details. 6.7.1 Stormwater Pollution Prevention Plan (SWPPP) The CONSULTANT shall prepare a SWPPP application package to ac company the earthwork and temporary erosion control plan sheets for submittal to the CITY for review. The SWPPP will be in accordance with the CITY’s Municipal Code and WA State Department of Ecology standards. The CONSULTANT will incorporate the CITY’s comments, as applicable, in the Page 263 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 31 Final SWPPP. The SWPPP will be prepared to level that is sufficient to support of the NPDES NOI permit process. Deliverable(s): • The Draft SWPPP will be submitted with the 90% design. • The Final SWPPP will be submitted with the Ad-Ready design. 6.7.2 Drainage Design Report The CONSULTANT shall prepare a Drainage Design Report in accordance with the requirements of the CITY’s municipal code and by reference the SWMMEW. The Drainage Design Report will document the minimum stormwate r management requirements that apply to the project; BMP selection; calculations to support complete BMP and conveyance sizing; and a summary of long -term operations and maintenance plan components. The CONSULTANT will evaluate and select Best Management Practices (BMPs) to provide permanent stormwater management for the project in accordance with the CITY requirements. It is anticipated that stormwater infiltration will be used. BMP selection will be based on infiltration capacity, topography, the amo unt of space available within the right of way, life -cycle cost and aesthetic considerations, and the CITY’s overall sustainability goals for the project. Hydrologic modeling will be performed using an Ecology approved hydraulic design software to size BMPs and evaluate the expected performance of each in terms of meeting Minimum Requirements from the SWMMEW, as they apply to the project. Assumption(s): • The existing drainage system located east of US -395 will not be modified by the planned roadway safety improvements. Minor adjustments or relocations may be needed at the signalized intersections due to curb ramp upgrades. • West of US-395 the existing catch basin and drywell locations will be evaluated for reuse, repositioning, or abandonment. • The Draft Drainage Design prepared under this task will correspond to the 90% complete designs. • There will be only one version each of a Draft Drainage Design Report and Final Drainage Design Report. • The 90% Draft Drainage Design Report will be subject to one round of CITY review. The CITY will provide one consolidated set of comments on the draft memorandum to the CONSULTANT. The CONSULTANT will incorporate the CITY’s comments, as applicable, in the Final Drainage Design Report submitted with the Final design. • Microsoft Excel or StormShed 3G single -event modeling software will be used. • Model calibration or validation will not be performed. • Long-term design infiltration rates from the geotechnical report will be used for modeling infiltrating BMPs. Page 264 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 32 • The CITY will reg ister any new UICs with DOE. The CONSULTANT will provide information for the CITY to complete the registration online. Deliverable(s): • The Draft Drainage Design Report will be submitted with the 90% design. • The Final Drainage Design Report will be submitted with the Final design. 6.8 Pavement Marking and Signing Plans, Schedules & Details (SAFETY PROJECT) To be completed under a separate scope of work. 6.9 Traffic Signal Plans and Details (SAFETY PROJECT) To be completed under a separate scope of work. 6.10 RRFB, Plans and Details (PED & BIKE PROJECT) Based on the selection of preferred illumination design from the CITY, CONSULTANT will prepare the illumination plans, and details for the three intersections west of US -395 to be modified to include RRFB pedestrian crossings with safety lighting. The CONSULTANT will submit to the CITY a set of illumination plans showing proposed locations f or the new illumination, wiring diagrams, illumination base type and electrical hardware. The CONSULTANT shall prepare voltage drop calculations documenting the wire sizing needed to accommodate the anticipated electrical loading of the system. CONSULTANT will coordinate with Franklin PUD for a new electrical service connection. CITY will support CONSULTANT in any application and/or billing process needed. Illumination improvements will consist of new facilities at the RRFB locations only. All existing illumination facilities and luminaires elsewhere will remain. Additional lighting design, if requested by the CITY, will be considered out of scope work. Assumptions: • RRFBs are assumed to be hardwired with power source for lighting circuits. • Voltage drop calculations and wire sizing will adhere to IES standards. Deliverables: • Voltage drop calculation results for the preferred alternative in PDF format. • RRFB and illumination design plans and details per deliverable task. 6.11 Staging and Traffic Control Plans The CONSULTANT will develop basic traffic control narrative and sequencing plan for construction of roadway, intersection, utility, and stormwater improvements utilizing lane closures and shifts. Traffic control plans will provide sufficient information to be the basis of bid Page 265 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 33 for the Contractor and will be developed to maintain traffic on Sylvester Street and at all side streets. At least one lane each direction will be open at all times. Assumptions: • No detour plans are anticipated for the PROJECT. • Temporary signal plans are not included in the scope of work for this effort and will be required as part of Contractors submittal requirements. • Standard WSDOT Traffic Control plans will be used, without corridor wide site specific staging and traffic control plans . Deliverables: • MOT sequencing narrative and traffic control plans, engineer’s estimate and specification per deliverable task. 6.12 60% Design Verification Meeting The CONSULTANT will use the 30% design plans and progress to the 60% design and plan level. The CONSULTANT will take into consideration the 30% design review comments from the CITY while advancing to the 60% level. The 60% design verification meeting will not be a formal submittal, but will allow for detailed review and coordination prior to progres sing to the final Design deliverable. 6.12.1 60% Plans The CONSULTANT will further develop the 30% plans to a 60% plan level for coordination and review with CITY. 6.12.2 60% Specifications The CITY will supply the CONSULTANT with the current version of the CITY’s Special Provisions. The CITY's administrative sections of the contract documents including advertisement for bids, information for bidders, and bid package information will be supplied in a Microsoft Word format. The CONSULTANT will develop a “run -list” utilizing the WSDOT APWA GSPs and supplement al project specific information. The CONSULTANT shall keep a current project “run-list” and rerun the WSDOT PS&E Work Software Program prior to each plan submittal. 6.12.3 60% Engineer’s Estimate The CONSULTANT will update the 30% estimate. The "Bid Proposal" wit hin the specifications shall be prepared from this information by the CONSULTANT. 6.13 90% Submittal The CONSULTANT will use the 60% design plans and progress to the 90% design and plan level. The CONSULTANT will take into consideration the 60% design review c omments from the CITY while advancing to the 90% level. Page 266 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 34 6.13.1 90% Plans The CONSULTANT will further develop the 60% plans to a 90% plan level including the sheets listed in the below table and develop final detail sheets as noted in the table. 6.13.2 Final Plan Sheet List Project Sheet List Estimate (COMBINED PROJECT) Description (Funding) Final Cover Sheet with Vicinity Map (both) 1 Index and Project Key map (both) 1 Legend, General Notes, and Abbreviations (both) 2 Roadway Typical Sections (both) 1 Plan & Profile Plans (Ped & Bike Imprv.) 16 Temporary Erosion & Sedimentation Control (TESC) and Site Preparation Plans (both) 11 TESC Details (both) 1 Paving Details (both) 1 Intersection & Curb Ramp Grading Details (both) 10 Drainage Details (Ped & Bike Imprv.) 2 Pavement Marking & Signing Plans (Safety Imprv.) 9 Pavement Marking Details (Safety Imprv.) 2 Signing Schedule & Details (both) 3 Signal Plans (Safety Imprv.) – Existing/Removals and Proposed for each traffic signal. 12 Signal Details (Safety Imprv.) – Existing and Proposed pole chart and wiring diagrams for each traffic signal 12 RRFB & Illumination Plans (Ped & Bike Imprv.) 2 RRFB & Illumination Schedule & Details (Ped & Bike Imprv.) 6 Staging and Traffic Control Sequencing Notes (both) 1 Staging and Traffic Control Plans (both) -Assume 2 stages, use of typical plans for corridors with detail plans at traffic signals 5 Total # Sheets 98 6.13.3 90% Specifications The CONSULTANT will update the 60% specifications with any new or additional special provisions from the advancement of design and incorporation of CITY comments. The CONSULTANT shall run the “run -list” prior to submittal. 6.13.4 90% Engineer’s Estimate The CONSULTANT will further develop the 60% estimate to a 90% level including adding all anticipated bid items and costs. The 90% estimate will remove all contingencies. The "Bid Proposal" within the specifications shall be prepared from this information by the CONSULTANT. Page 267 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 35 6.14 Ad-Ready Submittal CONSULTANT will use the 90% design plans and progress to the Ad -Ready design and plan level. The CONSULTANT will take into consideration the 90% design review comments from the CITY and WSDOT while advancing to the Ad -Ready level. 6.14.1 Ad-Ready Plans The CONSULTANT will further develop the 90% plans to an Ad -Ready plan level without the addition of any new sheets. 6.14.2 Ad-Ready Specifications The CONSULTANT will update the 90% specifications with any new or additional special because of CITY or WSDOT comments. The CONSULTANT shall run a final “run -list” prior to submittal. 6.14.3 Ad-Ready Engineer’s Estimate The CONSULTANT will finalize the engineer’s estimate based on any comments received from the CITY or WSDOT during the 90% design revi ew. The "Bid Proposal" within the Ad -Ready specifications shall be prepared from this information by the CONSULTANT. 6.14.4 Construction Schedule The CONSULTANT shall develop an anticipated construction schedule based on the planned advertisement date and final quantities. The Construction Schedule shall show the sequencing and durations of all construction activities. All constraints, such as cold weather paving limitations, utility work coordination, etc., shall be identified and factored in the schedul e. The number of working days for the construction contract shall be based on the overall construction duration shown in the schedule. TASK 7B Real Estate Services (RES) The following scope of work details the necessary effort to acquire right -of-way for the PROJECT. The CONSULTANT will accomplish this task unless specified otherwise. The CONSULTANT will NOT proceed with Real Estate Services and acquisition until R/W funding is obligated and notice to proceed is provided by the CITY. General Assumptions: This scope encompasses services to complete right of way (R/W) acquisition for the PROJECT. It is anticipated that the following elements of these services will be completed within a period of twelve (12) months. Scope of services herein are based on the following: • Acquisition will be required on up to ten (10) parcels. • Ongoing management and administration of the R/W process. • The CONSULTANT shall coordinate with the CITY, as necessary, and in accordance with the Federal Uniform Relocation Assistance and Real Pr operty Acquisitions Policies Page 268 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 36 Act (URA), WSDOT Local Agency Guidelines (LAG) Manual, applicable State and local laws, and CITY administrative rules, to facilitate the acquisition of identified properties. • CITY will facilitate all communication with the CITY, the CONSULTANT and the WSDOT Local Agency Coordinator (LAC) in a timely manner throughout the R/W process. • CITY shall provide the CONSULTANT with available PROJECT information such as, but not limited to, the CITY’s State approved R/W and limited access procedures, approved environmental documentation, and any pre -approved CITY R/W forms, including legal documents. • The CONSULTANT and CITY agree to maintain clear lines of communication, determine, and document the appropriate decision -making process to achieve PROJECT goals and to provide open access to available data that is pertinent to the PROJECT. • All deliverables will be produced in ac cordance with the approved quality control/quality assurance (QC/QA) process established by the CITY and the CONSULTANT team. • All deliverables prepared by the CONSULTANT shall be provided to the CITY – one electronic version and one hard copy. • Additional parcels not anticipated and not included. If necessary, this would be negotiated Extra Work. 7.1 Real Estate Services Management The CONSULTANT will also perform management and administration for the following real estate services tasks as follows: • Prepare WSDOT ROW Funding Estimate – LPA005B. • Prepare for and attend R/W kick off meeting and monthly R/W PROJECT update meetings with the CITY until completion of the R/W acquisition . • Prepare and provide a landowner list , R/W cost estimate and R/W schedule for the PROJECT. • Prepare and provide monthly R/W PROJECT status report to include acquisition milestones upon commencement of appraisal process. • Manage the CONSULTANT’s subconsultants (if applicable). • Provide QA/QC Services. CITY Responsibilities: • Review and approve the WSDOT R/W Funding Estimate prior to submission to WSDOT LAC. • Attend R/W kickoff meeting. • Review and approve landowner contact list , R/W cost estimate and R/W schedule. • Review monthly status reports and provide comments as needed. Assumptions: Page 269 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 37 • Up to two (2) CONSULTANT Real Estate Services (RES) staff will attend the R/W kick off meeting. Staff commitment is estimated at two hours per staff for preparation, participation in the meeting and notes . • Up to one (1) R/W co st estimate and one update will be prepared. • Up to one (1) R/W schedule and up to three (3) updates will be prepared. • Up to one (1) CONSULTANT RES staff will attend up to twelve (12) recurring monthly CITY meetings. Staff time commitment is estimated at one hour per staff and per meeting for preparation, participation in the meeting, and notes. • Up to two (2) CONSULTANT RES staff will attend up to twelve (12) recurring monthly internal meetings. Staff time commitment is estimated at one hour per staff and p er meeting for preparation, participation in the meeting, and notes. • All CITY update meetings are anticipated to be held virtually • The CONSULTANT shall distribute status reports at least one business day in advance of meetings. • The CONSULTANT shall prepare the R/W schedule within five (5) days of Notice to Proceed and update up to an additional three (3) times as needed. Deliverables: • One (1) WSDOT ROW Funding Estimate – LPA005B and up to one (1) update. • One (1) Landowner Contact List • One (1) R/W Cost Estimate and up to one (1) update • One (1) R/W Schedule and up to three (3) updates • Up to twelve (12) R/W Project Status Report s 7.2 Property Descriptions and Valuations CONSULTANT will review R/W plans, survey exhibits and, legal descriptions for up to ten (10) acquisitions. CONSULTANT will perform the following work: • Coordinate with the CITY to facilitate R/W Plan Set approval from WSDOT local agency coordinator. • Review and quality control (QA/QC) up to ten (10) legal descriptions and exhibits prepared by surveyor for the transfer of the property rights needed for con struction including fee acquisition, permanent easements and/or temporary easements for use by the R/W team. CITY Responsibilities: • Provide concurrence and written approval that all legal descriptions and exhibits are sufficient for the property interests to be acquired. Assumptions: Page 270 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 38 • CONSULTANT will provide up to one (1) redline review the R/W Plan set and one redline review of each of the ten (10) parcel legal descriptions and exhibits produced by the surveyor. Deliverables: • Up to one (1) reviewed R/W Plan Set. • Up to one (1) reviewed legal descriptions and one (1) reviewed exhibits for up to ten (10) impacted parcels. 7.3 Valuation Process (AOS/Appraisal/Appraisal Review) The CONSULTANT will manage the valuation process for up to ten (10) parcels. As part of the appraisal process, Administrative Offer Summary (AOS) reports will be prepared where appropriate in lieu of appraisals. The CONSULTANT appraiser and review appraiser shall meet all requirements set forth in 49 CFR 24.103. CONSULTANT will perform the fo llowing work: • Manage delivery of appraisal services. • Prepare an appraisal schedule for delivery of appraisal and AOS reports. • Assemble all needed appraisal data and appraisal scope for each assigned parcel. • Send out landowner contact letters to impacted parcels in advance of the valuations. • R/W Agents will attend appraisal inspections, as needed and where possible. • Manage the delivery of appraisal reports, if needed, with appraisal sub -consultant selected by the CONSULTANT. • Supply completed appraisal repor ts to the appraisal reviewer selected by the CONSULTANT, if needed. • Manage the delivery of appraisal reviews for any parcels that are appraised. • Manage the delivery of AOS reports for eligible acquisition parcels. CITY Responsibilities: • Review and approve appraisal schedule. • Approve appraisal reviews via signed Determinations of Value, if needed. • Review and approve by signature all AOS reports. Assumptions: • CONSULTANT will manage their appraisal staff to develop the most expeditious schedule for delivery of all valuation deliverables. • It is anticipated that there will be up to ten (10) non -complex AOS reports. If it is determined that any of the impacted parcels need to be appraised, the cost for the appraisal, appraisal review and level of effort for those parcels will be renegotiated and adjusted accordingly. If those services are negotiated, then the following applies: o All appraisal services will be performed by a WSDOT certified independent appraiser to WSDOT LAG Manual standards. o Appraisal reports (if needed) will be before and after short form narrative reports. Page 271 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 39 o Notice to Proceed (NTP) for the appraiser will be the date of receipt of sufficient R/W plans and/or exhibits, title information and landowner contact information. o The estimated delive ry schedule for the AOS reports is within eight (8) weeks form the date of the NTP. ▪ If it is determined that any of the impacted parcels need to be appraised, the estimated delivery schedule will be reviewed and adjusted accordingly. Deliverables: • Appraisal schedule • Up to ten (10) landowner contact letters • Up to ten (10) AOS reports • Up to ten (10) appraisal reports and appraisal reviews, if negotiated and agreed upon 7.4 Acquisition and Negotiation Services CONSULTANT will prepare offer packages, present offers, negotiate purchases, prepare administrative settlement memos and prepare executed documents for CITY approval and processing for a maximum of ten (10) parcels. All acquisition files will be transmitted to the CITY with all original documents at completion of negotiations. CONSULTANT will perform the following work: • Prepare and maintain electronic and hard copy parcel files. • Review title reports provided by the CITY, for up to ten (10) parcels. o Prepare encumbrance review memo s with encumbrance cle aring recommendations for up to ten (10) parcels. o Order title report update prior to transmittals (if older than 6 months). • Manage and provide QA/QC for the R/W acquisition and negotiation process. • Prepare an acquisition schedule and monthly status report for all assigned parcels. • Prepare all documents required for the assigned parcels including Offer Letters, Deeds, Easements, Donation forms (if applicable), W9s, Real Property Vouchers, Real Estate Tax Affidavits, Encumbrance Review Memo, and Negotiator Diaries. • Act as the agent for the CITY in all negotiations. • Make a minimum of four (4) good -faith negotiation attempts with impacted landowners in an effort to negotiate a fair settlement. • Provide justification for any settlement above the approved offering price in the form of an administrative settlement memo. • Prepare administrative settlement memos and condemnation packages as needed. • Process all landowner p ayments through the CITY. • Process executed documents for closing through escrow or the CITY. • Manage escrow closing for acquisitions (as applicable). • Transmit completed parcel files to the CITY at the completion of acquisitions . CITY Responsibilities: Page 272 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 40 • Provide CONSULTANT with a copy of WSDOT approved ROW acquisition procedures (dated within the last three years). • Approve all real estate documents provided by the CITY and prepared by the CONSULTANT using the most current WSDOT local program agency forms that a re consistent with CITY acquisition practice s. • Review/approve acquisition schedules, R/W status reports and meeting notes where applicable. • Provide written direction for the title encumbrances noted on the encumbrance review memo to be accepted as risk or to be cleared by escrow agency where needed. • Approve a minimum of One (1) preliminary offer package prior to offers being made. • Approve all landowner donations if applicable. • Provide review and written approval for all administrative settlements agreed to by the CITY. • Approve all landowner payments. • Review and approve all transmitted files and documents prepared by the CONSULTANT for all required WSDOT R/W precertification and certification reviews . Assumptions: • CONSULTANT shall follow the Uniform Relocation Act, WSDOT Local Agency Guidelines (LAG) manual, all applicable State and Local laws and CITY administrative rules for R/W acquisition for all real estate services provided for this project. • City will provide the CONSULTANT with available project information such as but not limited to the CITY’s WSDOT approved R/W procedures. • The CONSULTANT’s title review responsibilities shall be to identify the correct vesting from the title report, inputting that information into the appropriate acquisition documents and creating an encumbrance review memo. • CONSULTANT will provide an encumbrance revi ew memo for up to ten (10) parcels for review by the CITY. • CONSULTANT shall make the initial offer to purchase in person if possible, or by certified mail. During the COVID -19 period, CONSULTANT will also send offers via email or regular mail in addition to certified mail. • If in-person meetings are requested by the property owner, CONSULTANT will follow COVID-19 safety protocols as outlined in CONSULTANT’S project safety plan. • CONSULTANT shall provide a maximum of four (4) good faith attempts at acquisitions for up to ten (10) parcels assigned, with those attempts being defined as an in -person visit with landowner (physical or virtual), a detailed phone conversation, or a substantive correspondence or email exchange. • CONSULT ANT’s acquisition duties shall be deemed complete if any of the following occur: o A negotiated settlement approved by the CITY is reached and the necessary closing documents are executed. o A new appraisal or offer is required. o The offer to purchase is rescinded. Page 273 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 41 o A P&U is secured and the acquisition file is transmitted to CITY. o A negotiated settlement cannot be reached after the four good faith attempts. • If negotiations cannot be concluded within ninety (90) days of the offer date on any given parcel or if an appraisal is requested by a landowner of any AOS parcel then the hours to complete those parcels will be renegotiated and adjusted accordingly. • The CONSULTANT shall assist the CITY in securing an escrow company to close up to ten (10) parcels. o The escrow company will be responsible for the preparation and receipt of all signatures required for partial re -conveyance, satisfaction of all liens and encumbrances for each acquisition where applicable. • The CITY agrees to pay all title/closing/escrow fees directly to the escrow company. Deliverables: • Up to ten (10) title encumbrance review memos. • Up to ten (10) o ffer packages with completed acquisition documents for closing by the escrow company or transferred files for condemnation proceedings. • Up to ten (10) Administrative Settlement Memos (if necessary). • Up to ten (10) P&U Agreements (if necessary). Up to Ten (10) completed parcel files. 7.5 Certification The CONSULTANT shall prepare all files for certification to the standards of the WSDOT LAG manual, collaborate with the CITY and the Local Agency Coordinator for WSDOT certification of R/W and prepare a certification memo for CITY. CONSULTANT Services: • Prepare acquisition files and documents for pre-acquisition review by WSDOT. • Attend the WSDOT pre-acquisition review meeting. • Prepare Post-Acquisition Files for Certification. • Prepare Draft Certification Memo. • Participate in Local Public Agency (LPA) Certification Reviews. CITY Responsibilities: • CITY shall supply all R/W documentation needed for parcel files to CONSULTANT in advance of all WSDOT reviews. • Review files prior to pre - and post-acquisition certification WSDOT review. • Review and approve draft certification memo. • Transmit final certification memo(s) to WSDOT Highways and Local Programs Assumptions: • A maximum of ten (10) acquisition files shall be prepared for certification. Page 274 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 42 • There will be a maximum of one (1) draft certification memo prepared by the CONSULTANT and one (1) review of the revised memo. • There will be a maximum of one pre -certification review meeting and up to one final certification review meeting for a maximum of two (2) hour duration each and will be attended by up to one (1) CONSULTANT staff. Staff commitment is estimated at eight (8) hours per staff for preparation and participation in the meeting . TASK 8B Bidding Phase Assistance The objective of this task is to aid the CITY during the advertisement for construction and bidding phase to provide information to prospective bidders to su pport a competitive bidding environment. The CONSULTANT will provide written responses to questions and requests for clarifications to the contract documents submitted to the CITY during the bidding period. Responses will be provided in Microsoft Word format and submitted to the CITY for inclusion i n contract addenda. The CONSULTANT will evaluate Bidder requests for alternative (“or equivalent”) approvals during the bidding phase. The CONSULTANT will assist the CITY in preparing all addenda. CITY Responsibilities: • Record, consolidate and deliver Bid der questions and requests for contract document interpretations to the CONSULTANT in timely fashion. • The CITY will issue all addenda and host the bid on their website www.cityofpascoplanroom.com Assump tion(s): • The PROJECT will be bid as one Contract. • There will be no pre -bid conference. • The budget for this task is limited to that amount shown in the project labor estimate. Work beyond the budgeted amount will be considered extra work. Deliverable(s): • Written responses to Bidders’ questions and requests for interpretations and evaluation of acceptable alternate (“or equals”). • Conformed set of contract documents based on any addenda issued. TASK 9B Public Involvement Program The purpose of this task is to provi de graphic materials to support CITY’s public outreach and coordination efforts and to represent the CITY at open houses, stakeholder briefings, and/or CITY council meetings as needed. Page 275 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 43 9.1 Project Exhibits Activities: • The CONSULTANT shall prepare up to one (1) display graphic for project presentations. Assumptions: • The display graphics will include CITY logo’s and project identifiers and will make use of existing project linework, graphics and maps. • No hard copy prints, or presentation boards will be created. All display graphics will be electronic, full color PDF files or images embedded in a Power Point Presentation. Deliverables: • Electronic display graphics 9.2 Open Houses and Council Briefings Activities: • The CONSULTANT shall review and support the CITY’s presentation materials and talking points for a PROJECT briefing to CITY identified stakeholders at public open houses or at public council meetings. • The CONSULTANT shall present the materials on behalf of the CITY to CITY identified stakeholders or the Public at up to one event. Assumptions: • The briefing materials will make use of existing project graphics and maps, or from material developed by the design team. • One presentation is anticipated at each event, lasting 2 hours. • The CONSULTANT Project Manager and one other design lead will attend the public events. • The CONSULTANT will attend the event virtually via remote meeting and will not physically travel to the meeting. Deliverables: • None TASK 10B Management Reserve Fund A Management Reserve Fund (MRF) will be created in accordance with LAG Manual to account for any unanticipated needs outside of the above listed Scope of Services. This fund can only be utilized with advance written authorization by the CITY. Page 276 of 334 City of Pasco | Sylvester Street Safety Improvements – Ped/Bike Program Scope of Services - December 15, 2021 hdrinc.com 835 N Post Street, Suite 101 | Spokane, WA 99201-2126 (509) 343 -8500 44 TASK 11B Construction Support Services (FUTURE) To be included in future contract amendment as needed. Page 277 of 334 Exhibit B DBE Participation Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 278 of 334 Exhibit B Page 1 of 1 DBE Participation Plan Project Sylvester Street Safety Improvements Federal Aid Number: HSIP-HLP 3528(003) Background: This project has a mandatory Disadvantaged Business Enterprise (DBE) goal of thirteen percent (13%). This goal was established by WSDOT on August 24th, 2021. This project does not have a voluntary Small Business Enterprise (SBE) goal. There is no training hour requirement on this project. DBE Plan The below DBE firms are part of our team, with their services and information noted. This is an hourly contract with variable fee amounts possible, so a firm commitment is shown, as well as a maximum percentage possible based on the anticipated scope and fee. DBE Firm Contact Information Services to be Provided NAICS Codes DBE Cert # Percentage Commitment (sub-work to overall work) Percentage Possible (sub-work to overall work) 1 Alliance Geomatics 1261A 120th Avenue NE Bellevue, WA 98005 425.502.8171 jason.nakamura@1-alliance.com Surveying 541370 D4M0022928 12% 16.5% Anderson Environmental Consulting, LLC, 14234 N. Tormey Road Nine Mile Falls, WA 99026 509.220.0045 mca@aec-enviro.com Environmental and Permitting 541620 D4F0020662 2% 2.5% Total Percentage 14% 19% Page 279 of 334 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I.Surveying, Roadway Design & Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 Page 280 of 334 D.Specify the Agency’s Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4 Page 281 of 334 II.Any Other Electronic Files to Be Provided III.Methods to Electronically Exchange Data Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4 Page 282 of 334 A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4 Page 283 of 334 Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 284 of 334 Page Break to Exhibit D1 Page 285 of 334 LABOR ESTIMATE, HDR ENGINEERING STAFF City of Pasco: Sylvester St Safety Improvements - HSIP Posten, Dustin Lee Kruger, Katherine Marie (Katie) Pawlak, Michael A Marshall, Scott R Magee, Brian G Wang, Mengqing Meng, Lingran Pi, Jake Sung Joon Acevedo, Robert C Folwell, Matthew R Datta, Utpal Melby, Katie Ann La Torre Alvarez, Karla Alexandra Chambers, Krista Ray Willis, Lynn K Jewett, Heidi Ann Pauly, Sarah C Total Lb T t l L b D ll Project Role Project Manager Project Accountant Principal QA/QC Manager Multimodal Lead Senior Traffic Engineer Traffic EIT Traffic Design PE Traffic Lead Roadway/Drainage/ Utility Lead Roadway PE Roadway EIT Roadway EIT Right of Way Lead Senior Real Estate Agent Real Estate Agent Real Estate Tech Labor Hours Total Labor Dollars Billing Rate 164.75 94.65 264.64 262.06 198.53 141.54 94.29 132.14 187.96 179.50 118.13 99.72 76.43 214.02 135.91 109.54 108.40 1A 50 16 4 0 5 0 0 0 7 7 0 0 0 0 0 0 0 89 14,375.33$ 1.1 Project Management, Invoicing, and Controls 28 16 4 48 7,185.96$ 1.2 Project Team Coordination Meetings 18 4 6 6 34 5,964.38$ 1.3 Project Schedule 4 1 1 1 7 1,224.99$ 2A 8 0 0 0 0 0 0 0 0 4 0 0 0 2 0 0 0 14 2,464.04$ 2.1 Research, Existing Data Compilation and Survey Control 2 2 329.50$ 2.2 Field Surveying and Base Mapping 4 4 8 1,377.00$ 2.3 Right-of-Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions 2 2 4 757.54$ 2.4 Supplemental Surveys (FUTURE)0 -$ 3A 4 0 0 0 0 32 96 4 16 0 0 0 0 0 0 0 0 152 17,776.04$ 3.1 Data Collection 2 16 4 4 26 3,118.54$ 3.2 Operations Analysis 2 32 80 12 126 14,657.50$ 4A 23 0 0 4 12 0 30 34 23 27 43 50 54 0 0 0 0 300 37,903.70$ 4.1 Conceptual Design 5 6 3 3 17 3,117.31$ 4.2 Engineer's Estimate 2 2 1 1 2 4 12 1,503.22$ 4.3 Roadway Design 5 4 4 8 40 40 101 10,326.91$ 4.4 Traffic Design 2 30 20 10 3 3 68 8,573.49$ 4.5 Utility Coordination 4 2 1 10 20 37 5,268.84$ 4.6 30% Submittal 5 4 2 10 8 6 10 10 10 65 9,113.93$ 5A 8 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 12 1,623.72$ 5.1 Administration and Invoicing 0 -$ 5.2 Environmental Kick-off Meeting and Site Visit 3 3 494.25$ 5.3 NEPA CatEx 4 2 6 811.86$ 5.4 SEPA Checklist Preparation 1 2 3 317.61$ 5.5 Supplement Env. Permitting (Contingency)0 -$ 6A 34 0 0 10 22 0 194 82 64 52 68 52 186 0 0 0 0 764 90,515.20$ 6.1 General 3 2 4 2 4 4 4 4 27 3,690.91$ 6.2 Typical Roadway Sections 2 4 2 2 8 18 2,330.32$ 6.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation 3 6 10 40 59 5,809.75$ 6.4 Plan and Profile Plans - including Drainage (PED & BIKE PROJECT)0 -$ 6.5 Intersection Grading Plans 3 8 20 30 30 91 9,577.35$ 6.6 Paving Details 2 2 4 4 6 18 2,375.66$ 6.7 Drainage Details (Incl. DR Report & SWPPP) (PED & BIKE PROJECT)0 -$ 6.8 Pavement Marking and Signing Plans, Schedules & Details (SAFETY PROJECT)6 8 20 8 8 8 80 138 15,218.66$ 6.9 Traffic Signal Plans and Details (SAFETY PROJECT)2 136 30 30 198 22,755.94$ 6.10 RRFB and Illumination Plans, schedules and Details (PED & BIKE PROJECT)0 -$ 6.11 Staging and Traffic Control Plans 2 40 8 4 54 5,910.06$ 6.12 60% Design Verification Meeting 2 2 2 2 2 2 12 1,962.02$ 6.13 90% Submittal 6 6 2 10 10 10 10 10 10 10 84 11,839.62$ 6.14 Ad-Ready Submittal 3 4 2 8 8 8 8 8 8 8 65 9,044.91$ 7A 2 0 0 0 0 0 0 0 0 0 0 0 0 75 120 277 129 603 77,016.38$ 7.1 Real Estate Services Management/Meetings 2 20 12 12 19 65 9,614.90$ 7.2 R/W Plans and Property Descriptions 10 3 5 18 3,095.63$ 7.3 Valuation Process 5 10 15 2,154.10$ 7.4 Acquisition and Negotiation Services 20 100 250 80 450 53,928.40$ 7.5 Certification 20 5 10 20 55 8,223.35$ 8A 4 0 0 0 0 0 0 0 4 4 0 0 0 0 0 0 0 12 2,128.84$ 8.1 Bidding Phase Assistance 4 4 4 12 2,128.84$ 9A 4 0 0 0 0 0 0 0 4 0 0 0 4 0 0 0 0 12 1,716.56$ 9.1 Project Exhibits 2 2 4 8 1,011.14$ 9.2 Stakeholder and Council Briefings 2 2 4 705.42$ 10A 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 1,647.50$ 10.1 Management Reserve Fund 10 10 1,647.50$ 11A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 11.1 Future Tasks 0 -$ Task Total Hours 147.00 16.00 4.00 14.00 39.00 32.00 320.00 120.00 118.00 94.00 111.00 102.00 248.00 77.00 120.00 277.00 129.00 1968.00 Task Total Fee 24,218.25$ 1,514.40$ 1,058.56$ 3,668.84$ 7,742.67$ 4,529.28$ 30,172.80$ 15,856.80$ 22,179.28$ 16,873.00$ 13,112.43$ 10,171.44$ 18,954.64$ 16,479.54$ 16,309.20$ 30,342.58$ 13,983.60$ 247,167.31$ Public Involvement Program Management Reserve Fund Construction Support Services - FUTURE Conceptual Design Environmental Documentation & Permitting Final Design - PS&E Real Estate Services (RES) Bidding Phase Assistance Project Management and Administration Survey, Mapping and Right of Way Traffic Analysis c:\pwworking\nat\d0194951\Sylvester St Safety Imprv_ESTIMATE_D1.xlsm Printed 12/15/20212:03 PMPage 286 of 334 EXPENSES City of Pasco: Sylvester St Safety Improvements - HSIP Mileage/mile (IRS 2021 rate) Copies/Page 8.5x11 B&W Copies/Page 11x17 B&W Miscellaneous Miscellaneous Miscellaneous Select From Dropdown Travel Office Expenses Office Expenses IDAX Data Solutions Appraisal Group NW Appraiser - OTHER DIRECT COSTS Each Each Each Each Each Each Unit Cost $0.56 $0.05 $0.09 $2,200.00 $12,000.00 $0.00 $0.00 $3.70 0.00%0.00% 1A Quantity 840 0 0 0 0 0 0 0.00 Task Total $470.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $470.40 $0.00 $470.40 2A Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3A Quantity 0 0 0 1 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $2,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,200.00 $0.00 $2,200.00 4A Quantity 600 0 0 0 0 0 0 0.00 Task Total $336.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $336.00 $0.00 $336.00 5A Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6A Quantity 600 0 0 0 0 0 0 0.00 Task Total $336.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $336.00 $0.00 $336.00 7A Quantity 1000 750 750 0 1 0 0 0.00 Task Total $560.00 $37.50 $67.50 $0.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 $12,665.00 $0.00 $12,665.00 8A Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9A Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10A Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11A Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total ODC 1,702.40$ 37.50$ 67.50$ 2,200.00$ 12,000.00$ -$ -$ -$ -$ 16,007.40$ -$ 16,007.40$ Total ODCODC MarkupTotal ODC + MarkupManagement Reserve Fund Construction Support Services - FUTURE Environmental Documentation & Permitting Final Design - PS&E Real Estate Services (RES) Bidding Phase Assistance Public Involvement Program Project Management and Administration ContingencyTech FeesSurvey, Mapping and Right of Way Traffic Analysis Conceptual Design c:\pwworking\nat\d0194951\Sylvester St Safety Imprv_ESTIMATE_D1.xlsmPage 287 of 334 FEE ESTIMATE City of Pasco: Sylvester St Safety Improvements - HSIP Task #Task Description Total Labor Total Escalation Total Expenses Total Subconsultants Total From Spreadsheet Total For Proposal 1A Project Management and Administration 14,375.33$ -$ 470.40$ -$ 14,845.73$ 2A Survey, Mapping and Right of Way 2,464.04$ -$ -$ 40,289.00$ 42,753.04$ 3A Traffic Analysis 17,776.04$ -$ 2,200.00$ -$ 19,976.04$ 4A Conceptual Design 37,903.70$ -$ 336.00$ -$ 38,239.70$ 5A Environmental Documentation & Permitting 1,623.72$ -$ -$ 8,379.21$ 10,002.93$ 6A Final Design - PS&E 90,515.20$ -$ 336.00$ -$ 90,851.20$ 7A Real Estate Services (RES)77,016.38$ -$ 12,665.00$ -$ 89,681.38$ 8A Bidding Phase Assistance 2,128.84$ -$ -$ -$ 2,128.84$ 9A Public Involvement Program 1,716.56$ -$ -$ -$ 1,716.56$ 10A Management Reserve Fund 1,647.50$ -$ -$ -$ 1,647.50$ 11A Construction Support Services - FUTURE -$ -$ -$ -$ -$ 311,842.92$ -$ c:\pwworking\nat\d0194951\Sylvester St Safety Imprv_ESTIMATE_D1.xlsm Page 1Page 288 of 334 Page Break to Exhibit D2 Page 289 of 334 LABOR ESTIMATE, HDR ENGINEERING STAFF City of Pasco: Sylvester St Safety Improvements - Ped/Bike Program Posten, Dustin Lee Kruger, Katherine Marie (Katie) Pawlak, Michael A Marshall, Scott R Magee, Brian G Wang, Mengqing Meng, Lingran Pi, Jake Sung Joon Acevedo, Robert C Folwell, Matthew R Datta, Utpal Melby, Katie Ann La Torre Alvarez, Karla Alexandra Chambers, Krista Ray Willis, Lynn K Jewett, Heidi Ann Pauly, Sarah C 0 Total Lb T t l L b D ll Project Role Project Manager Project Accountant Principal QA/QC Manager Multimodal Lead Senior Traffic Engineer Traffic Modeling EIT Traffic Design PE Traffic Lead Roadway/Drainage/ Utility Lead Roadway PE Roadway EIT Roadway EIT Right of Way Lead Senior Real Estate Agent Real Estate Agent Real Estate Tech Labor Hours Total Labor Dollars Billing Rate 164.75 94.65 264.64 262.06 198.53 141.54 94.29 132.14 187.96 179.50 118.97 99.72 76.43 214.02 135.91 109.54 108.40 1B 50 16 4 0 5 0 0 0 7 7 0 0 0 0 0 0 0 0 89 14,375.33$ 1.1 Project Management, Invoicing, and Controls 28 16 4 48 7,185.96$ 1.2 Project Team Coordination Meetings 18 4 6 6 34 5,964.38$ 1.3 Project Schedule 4 1 1 1 7 1,224.99$ 2B 8 0 0 0 0 0 0 0 0 4 0 0 0 2 0 0 0 0 14 2,464.04$ 2.1 Research, Existing Data Compilation and Survey Control 2 2 329.50$ 2.2 Field Surveying and Base Mapping 4 4 8 1,377.00$ 2.3 Right-of-Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions 2 2 4 757.54$ 2.4 Supplemental Surveys (FUTURE)0 -$ 3B 4 0 0 0 0 0 0 0 2 2 0 0 0 0 0 0 0 0 8 1,393.92$ 3.1 Fieldwork 2 2 329.50$ 3.2 Laboratory Testing 0 -$ 3.3 Engineering Analysis and Report 2 2 2 6 1,064.42$ 4B 23 0 0 4 12 0 30 34 23 27 43 50 54 0 0 0 0 0 300 37,939.82$ 4.1 Conceptual Design 5 6 3 3 17 3,117.31$ 4.2 Engineer's Estimate 2 2 1 1 2 4 12 1,504.90$ 4.3 Roadway Design 5 4 4 8 40 40 101 10,333.63$ 4.4 Traffic Design 2 30 20 10 3 3 68 8,576.01$ 4.5 Utility Coordination 4 2 1 10 20 37 5,285.64$ 4.6 30% Submittal 5 4 2 10 8 6 10 10 10 65 9,122.33$ 5B 8 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 12 1,623.72$ 5.1 Administration and Invoicing 0 -$ 5.2 Environmental Kick-off Meeting and Site Visit 3 3 494.25$ 5.3 NEPA CatEx 4 2 6 811.86$ 5.4 SEPA Checklist Preparation 1 2 3 317.61$ 5.5 Supplement Env. Permitting (Contingency)0 -$ 6B 38 0 0 10 14 0 138 72 56 72 124 112 306 0 0 0 0 0 942 106,944.88$ 6.1 General 3 2 4 2 4 4 4 4 27 3,694.27$ 6.2 Typical Roadway Sections 2 4 2 2 8 18 2,332.00$ 6.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation 3 6 10 40 59 5,818.15$ 6.4 Plan and Profile Plans - including Drainage (PED & BIKE PROJECT)6 12 40 60 80 198 19,998.90$ 6.5 Intersection Grading Plans 3 8 20 30 30 91 9,594.15$ 6.6 Paving Details 2 2 4 4 6 18 2,379.02$ 6.7 Drainage Details (Incl. DR Report & SWPPP) (PED & BIKE PROJECT)4 16 24 120 164 15,557.88$ 6.8 Pavement Marking and Signing Plans, Schedules & Details (SAFETY PROJECT)0 -$ 6.9 Traffic Signal Plans and Details (SAFETY PROJECT)0 -$ 6.10 RRFB and Illumination Plans, schedules and Details (PED & BIKE PROJECT)2 80 40 30 152 18,797.10$ 6.11 Staging and Traffic Control Plans 2 40 8 4 54 5,910.06$ 6.12 60% Design Verification Meeting 2 2 2 2 2 2 12 1,963.70$ 6.13 90% Submittal 6 6 2 10 10 10 10 10 10 10 84 11,848.02$ 6.14 Ad-Ready Submittal 3 4 2 8 8 8 8 8 8 8 65 9,051.63$ 7B 2 0 0 0 0 0 0 0 0 0 0 0 0 75 119 277 129 0 602 76,880.47$ 7.1 Real Estate Services Management/Meetings 2 20 12 12 19 65 9,614.90$ 7.2 R/W Plans and Property Descriptions 10 2 5 17 2,959.72$ 7.3 Valuation Process 5 10 15 2,154.10$ 7.4 Acquisition and Negotiation Services 20 100 250 80 450 53,928.40$ 7.5 Certification 20 5 10 20 55 8,223.35$ 8B 4 0 0 0 0 0 0 0 4 4 0 0 0 0 0 0 0 0 12 2,128.84$ 8.1 Bidding Phase Assistance 4 4 4 12 2,128.84$ 9B 4 0 0 0 0 0 0 0 4 0 0 0 4 0 0 0 0 0 12 1,716.56$ 9.1 Project Exhibits 2 2 4 8 1,011.14$ 9.2 Stakeholder and Council Briefings 2 2 4 705.42$ 10B 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 1,647.50$ 10.1 Management Reserve Fund 10 10 1,647.50$ 11B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 11.1 Future Tasks 0 -$ Task Total Hours 151.00 16.00 4.00 14.00 31.00 0.00 168.00 106.00 96.00 116.00 167.00 162.00 368.00 77.00 119.00 277.00 129.00 0.00 2001.00 Task Total Fee 24,877.25$ 1,514.40$ 1,058.56$ 3,668.84$ 6,154.43$ -$ 15,840.72$ 14,006.84$ 18,044.16$ 20,822.00$ 19,867.99$ 16,154.64$ 28,126.24$ 16,479.54$ 16,173.29$ 30,342.58$ 13,983.60$ -$ 247,115.08$ Public Involvement Program Management Reserve Fund Construction Support Services - FUTURE Conceptual Design Environmental Documentation & Permitting Final Design - PS&E Real Estate Services (RES) Bidding Phase Assistance Project Management and Administration Survey, Mapping and Right of Way Geotechnical Engineering c:\pwworking\nat\d0194951\Sylvester St Ped & Bike Imprv_ESTIMATE_D2.xlsm Printed 12/15/20212:05 PMPage 290 of 334 EXPENSES City of Pasco: Sylvester St Safety Improvements - Ped/Bike Program Mileage/mile (IRS 2021 rate) Copies/Page 8.5x11 B&W Copies/Page 11x17 B&W Miscellaneous Miscellaneous Miscellaneous Select From Dropdown Travel Office Expenses Office Expenses IDAX Data Solutions Appraisal Group NW Miscellaneous OTHER DIRECT COSTS Each Each Each Each Each Each Unit Cost $0.56 $0.05 $0.09 $0.00 $12,000.00 $0.00 $0.00 $3.70 0.00%0.00% 1B Quantity 840 0 0 0 0 0 0 0.00 Task Total $470.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $470.40 $0.00 $470.40 2B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7B Quantity 1000 750 750 0 1 0 0 0.00 Task Total $560.00 $37.50 $67.50 $0.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 $12,665.00 $0.00 $12,665.00 8B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11B Quantity 0 0 0 0 0 0 0 0.00 Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total ODC 1,030.40$ 37.50$ 67.50$ -$ 12,000.00$ -$ -$ -$ -$ 13,135.40$ -$ 13,135.40$ Total ODCODC MarkupTotal ODC + MarkupManagement Reserve Fund Construction Support Services - FUTURE Environmental Documentation & Permitting Final Design - PS&E Real Estate Services (RES) Bidding Phase Assistance Public Involvement Program Project Management and Administration ContingencyTech FeesSurvey, Mapping and Right of Way Geotechnical Engineering Conceptual Design c:\pwworking\nat\d0194951\Sylvester St Ped & Bike Imprv_ESTIMATE_D2.xlsmPage 291 of 334 FEE ESTIMATE City of Pasco: Sylvester St Safety Improvements - Ped/Bike Program Task #Task Description Total Labor Total Escalation Total Expenses Total Subconsultants Total From Spreadsheet Total For Proposal 1B Project Management and Administration 14,375.33$ -$ 470.40$ -$ 14,845.73$ 2B Survey, Mapping and Right of Way 2,464.04$ -$ -$ 72,482.00$ 74,946.04$ 3B Geotechnical Engineering 1,393.92$ -$ -$ 18,900.00$ 20,293.92$ 4B Conceptual Design 37,939.82$ -$ -$ -$ 37,939.82$ 5B Environmental Documentation & Permitting 1,623.72$ -$ -$ 8,379.21$ 10,002.93$ 6B Final Design - PS&E 106,944.88$ -$ -$ -$ 106,944.88$ 7B Real Estate Services (RES)76,880.47$ -$ 12,665.00$ -$ 89,545.47$ 8B Bidding Phase Assistance 2,128.84$ -$ -$ -$ 2,128.84$ 9B Public Involvement Program 1,716.56$ -$ -$ -$ 1,716.56$ 10B Management Reserve Fund 1,647.50$ -$ -$ -$ 1,647.50$ 11B Construction Support Services - FUTURE -$ -$ -$ -$ -$ 360,011.69$ -$ c:\pwworking\nat\d0194951\Sylvester St Ped & Bike Imprv_ESTIMATE_D2.xlsm Page 1Page 292 of 334 June 18, 2021 HDR Engineering, Inc. 1917 S. 67th Street Omaha, NE 68106 Subject: Acceptance FYE 2020 ICR Cognizant Review Dear Joe Cox: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of based on the Cognizant Review from the Nebraska Department of Transportation as follows: Contracts in effect prior to June 24, 2014: 148.79% of direct labor (rate includes 0.25% Facilities Capital Cost of Money) Contracts awarded on or after June 24, 2014: 147.31% (rate includes 0.25% Facilities Capital Cost of Money) This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 293 of 334 Exhibit E Sub-consultant Cost Computations If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Page 294 of 334 Page Break to Exhibit E-A Page 295 of 334 SUBCONSULTANTS City of Pasco: Sylvester St Safety Improvements - HSIP 1 Alliance Anderson Environmental Consulting Shannon & Wilson SUBCONSULTANTS 0.00% 1A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2A Task Total $40,289.00 $0.00 $0.00 $40,289.00 $0.00 $40,289.00 3A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5A Task Total $0.00 $8,379.21 $0.00 $8,379.21 $0.00 $8,379.21 6A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11A Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Subconsultants 40,289.00$ 8,379.21$ -$ 48,668.21$ -$ 48,668.21$ Real Estate Services (RES) Bidding Phase Assistance Public Involvement Program Management Reserve Fund Construction Support Services - FUTURE Final Design - PS&E Total SubconsultantsSub MarkupTotal Subconsultants + MarkupProject Management and Administration Survey, Mapping and Right of Way Traffic Analysis Conceptual Design Environmental Documentation & Permitting c:\pwworking\nat\d0194951\Sylvester St Safety Imprv_ESTIMATE_D1.xlsmPage 296 of 334 Project Number 21-167 Project Name W. Sylvester Street Safety Improvements (rev 2) Client HDR Owner City of Pasco, WA TASK 1 SURVEY AND MAPPING Principal Surveyor Survey Manager Project Manager Assist PM CADD 5 Tech 5 Tech 3 Tech 1 Admin Total Hours Labor Dollars Task DSC Rate 98.00$ 69.00$ 51.50$ 50.00$ 47.70$ 47.70$ 36.50$ 36.50$ 31.00$ 1.1 Survey PM, Admin, QA/QC 1 3 2 2 8.00 467.00$ 1.2 Survey Control 2 4 10 10 26.00 1,170.80$ 1.3 Field Surveying and Mapping - -$ GPS Cross-Sections (Curb & Stripes)1 10 10 21.00 911.00$ Scanning 5 Intersections 1 10 10 21.00 911.00$ Storm & Sewer Dips - -$ 1.4 Underground Utility Locates - -$ 1.5 Office Processing 4 30 34.00 1,707.00$ 1.6 Parcel Resolutions - 10 Total - -$ ROW calculations & Review 10 Title Reports 4 40 10 54.00 2,813.00$ Right-of-Way Plan - -$ 1.7 Legal Descriptions and Exhibits (10 Total)10 50 20 80.00 4,219.00$ Site Visits (Mob-Demob)7 7 14.00 589.40$ 1 25 90 2 64 37 37 0 2 0 0 0 0 258.00 Total Dollars 98.00$ 1,725.00$ 4,635.00$ 100.00$ 3,052.80$ 1,764.90$ 1,350.50$ -$ 62.00$ -$ -$ -$ -$ -$ 12,788.20$ - Direct Salary Cost 12,788$ Overhead Cost 120.72%15,438$ Fee (*DSC+ICR)30%8,468$ 36,694$ Mileage 470 0.56 263.20$ 1,872.00$ Materials ODC's (Other Direct Costs)1,459.50$ Non-Invoiced (mileage; repro; etc.)Mile/repro 263.20$ 263.20$ Invoiced (sub-c; rental; etc.)TBD 3,331.50$ 3,331.50$ 40,289$ other NON-INVOICED Cost + FF (DSC+ICR) Pricing Proposal W. Sylvester Street (East of US-395) Safety Improvements 12/2/2021 Total Labor Contract Total OtherSUB TOTAL SUB TOTAL ODC BREAKDOWN INVOICED Traffic Control UG Utility Locates Per Diem (2 Staff) 3D Laser Scanner (1-day) repro computerPage 297 of 334 Day Location Origin Location Destination Miles Drive Time (Hours PP) 1 Tacoma, WA Pasco, WA 225 3.5 2 10 3 10 4 Pasco, WA Tacoma, WA 225 3.5 Total Miles 470 Total Hours (PP)7 14 Mileage Worksheet Drive Time hours (x2 People) Page 298 of 334 Primary Destination Lodging M&IE Total Breakfast Lunch Dinner Incidental 1st & Last Day Totals Standard Rate (PP)(**)Per Day Travel (*) Day 1 (Drive to Site)105 51.75 Day 2 105 69 16 17 31 5 Day 3 105 69 16 17 31 5 Day 4 (Drive Home)51.75 Total Per Person (PP)315.00 32.00 34.00 62.00 10.00 103.50 $556.50 x2 Field Staff $1,113.00 Office Field Check Base Mapping Day 1 (Drive to Site)51.75 Day 2 105 69 16 17 31 5 Day 3 (Drive Home)51.75 Per Person (PP)$105.00 69 16.00 17.00 31.00 5.00 103.50 $346.50 Total Per Diem & Lodging $1,459.50 Notes: (**) Lodging PP $105/day + tax (GSA rate does not include tax) 2022 GSA Per Diem Rates Other Counties Without Specified Rates Field Staff Per Person (PP) DRAFT Breakdown (*) First & last day of travel equals 75% of total M&IEPage 299 of 334 Page 300 of 334 Page 301 of 334 August 2, 2021 1 Alliance Geomatics, LLC 1261 A 120th Avenue NE Bellevue, WA 98005 Subject: Acceptance FYE 2020 ICR Risk Assessment Review Dear Michael Paradis: Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 109.19% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 302 of 334 CONSULTANT (or subconsultant) NAME AEC LLC PROJECT NAME Sylvester St. Safey Improvements (HSIP Funding) PROJECT NUMBER A. SUMMARY ESTIMATED MAN-DAY COSTS Raw Labor Man-Days Man-Hours Hrly Rate Cost 1 3.4375 =27.5 @ $67.31 =1,851.03$ 2 3.625 =29 @ $26.00 =754.00$ 4 ARCHAEOLOGIST 0.5 =4 @ $32.00 =128.00$ 5 0 =@ $55.00 =-$ 6 =0 @ $0.00 =-$ 7 =@ = TOTAL RAW LABOR COST =2,733.03$ B.PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD X =$3,551.02 C.NET FEE X =$1,885.22 D.FCCM Approved FCCM Rate 2,733.03$ X $13.94 TOTAL LABOR 8,183.21$ E.OUT-OF-POCKET EXPENSE SUMMARY Estimated Unit Cost Expense 1 @ 0.560$ =196.00$ 2 @ 200.00$ =-$ 3 @ 96.00$ =-$ 4 @ 41.25$ =-$ 5 RECORD SEARCH/RESEARCH FEE @ 60.00$ -$ 5 IFWIS/Research FEE @ 200.00$ -$ 6 @ 25.00$ -$ =196.00$ F.SUBCONSULTANTS 1 ** = 2 ** = TOTAL = *As per the "FEDERAL PER DIEM RATES" **See attached Subconsultant's Summary ***Negotiated % Fee PAGE 1 $8,379.21 * M&IE First and last (Days) TOTAL ESTIMATED EXPENSE Mailings 350 $6,284.05 Estimated Amount * MILEAGE (miles) DOCUMENT FORMATTING/EDITING Lodging 0.51% Total Raw Labor Cost NET FEE*** 30% 2,733.03$ Approved Overhead Rate 129.93% Total Raw Labor & Overhead Total Raw Labor Cost etc SR. BIOLOGIST BIOLOGICAL TECH/GIS Page 303 of 334 December 17, 2021 Anderson Environmental Consulting, LLC 14234 North Tormey Road Nine Mile Falls, WA 99026 Subject: Acceptance FYE 2020 ICR CPA Report Dear Noreen Iliff: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 129.93% of direct labor (rate includes 0.51% Facilities Capital Cost of Money) CDA-CPA Group, PLLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 304 of 334 Page Break to Exhibit E-B Page 305 of 334 SUBCONSULTANTS City of Pasco: Sylvester St Safety Improvements - Ped/Bike Program 1 Alliance Anderson Environmental Consulting Shannon & Wilson SUBCONSULTANTS 0.00% 1B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2B Task Total $72,482.00 $0.00 $0.00 $72,482.00 $0.00 $72,482.00 3B Task Total $0.00 $0.00 $18,900.00 $18,900.00 $0.00 $18,900.00 4B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5B Task Total $0.00 $8,379.21 $0.00 $8,379.21 $0.00 $8,379.21 6B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11B Task Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Subconsultants 72,482.00$ 8,379.21$ 18,900.00$ 99,761.21$ -$ 99,761.21$ Real Estate Services (RES) Bidding Phase Assistance Public Involvement Program Management Reserve Fund Construction Support Services - FUTURE Final Design - PS&E Total SubconsultantsSub MarkupTotal Subconsultants + MarkupProject Management and Administration Survey, Mapping and Right of Way Geotechnical Engineering Conceptual Design Environmental Documentation & Permitting c:\pwworking\nat\d0194951\Sylvester St Ped & Bike Imprv_ESTIMATE_D2.xlsmPage 306 of 334 Project Number 21-167 Project Name W. Sylvester Street Pedestrian & Bike Improvements (rev 2) Client HDR Owner City of Pasco, WA TASK 1 SURVEY AND MAPPING Principal Surveyor Survey Manager Project Manager Assist PM CADD 5 Tech 5 Tech 3 Tech 1 Admin Total Hours Labor Dollars Task DSC Rate 98.00$ 69.00$ 51.50$ 50.00$ 47.70$ 47.70$ 36.50$ 36.50$ 31.00$ 1.1 Survey PM, Admin, QA/QC 1 4 2 2 9.00 536.00$ 1.2 Survey Control 2 8 20 20 50.00 2,203.60$ 1.3 Field Surveying and Mapping - -$ Scanning 4 40 40 84.00 3,644.00$ Mapping Obscure Areas - -$ Storm & Sewer Dips - -$ 1.4 Underground Utility Locates 2 2.00 138.00$ 1.5 Office Processing 4 60 64.00 3,138.00$ 1.6 Parcel Resolutions - 10 Total - -$ ROW calculations & Review 10 Title Reports 4 40 10 54.00 2,813.00$ Right-of-Way Plan 10 20 60 90.00 4,582.00$ 1.7 Legal Descriptions and Exhibits (10 Total)10 50 20 80.00 4,219.00$ Site Visits (Mob-Demob)7 14 14 35.00 1,512.70$ 1 40 110 2 165 74 74 0 2 0 0 0 0 468.00 Total Dollars 98.00$ 2,760.00$ 5,665.00$ 100.00$ 7,870.50$ 3,529.80$ 2,701.00$ -$ 62.00$ -$ -$ -$ -$ -$ 22,786.30$ - Direct Salary Cost 22,786$ Overhead Cost 120.72%27,508$ Fee (*DSC+ICR)30%15,088$ 65,382$ Mileage 940 0.56 526.40$ 3,896.00$ Materials ODC's (Other Direct Costs)2,677.50$ Non-Invoiced (mileage; repro; etc.)Mile/repro 526.40$ 526.40$ Invoiced (sub-c; rental; etc.)TBD 6,573.50$ 6,573.50$ 72,482$ other NON-INVOICED Cost + FF (DSC+ICR) Pricing Proposal W. Sylvester Street (West of US-395) Pedestrian & Bike Improvements 12/2/2021 Total Labor Contract Total OtherSUB TOTAL SUB TOTAL ODC BREAKDOWN INVOICED Traffic Control UG Utility Locates Per Diem (2 Staff) 3D Laser Scanner (1-Week) repro computerPage 307 of 334 Day Location Origin Location Destination Miles Drive Time (Hours PP) 1 Tacoma, WA Pasco, WA 225 3.5 2 10 3 10 4 10 5 Pasco, WA Tacoma, WA 225 3.5 6 Tacoma, WA Pasco, WA 225 3.5 7 10 8 Pasco, WA Tacoma, WA 225 3.5 Total Miles 940 Total Hours (PP)14 28 Mileage Worksheet Drive Time hours (x2 People) Page 308 of 334 Primary Destination Lodging M&IE Total Breakfast Lunch Dinner Incidental 1st & Last Day Totals Standard Rate (PP)(**)Per Day Travel (*) Day 1 (Drive to Site)105 51.75 Day 2 105 69 16 17 31 5 Day 3 105 69 16 17 31 5 Day 4 105 69 16 17 31 5 Day 5 (Drive home)51.75 Day 6 (Drive to Site)105 51.75 Day 7 105 69 16 17 31 5 Day 8 (Drive home)51.75 Total Per Person (PP)630.00 64.00 68.00 124.00 20.00 207.00 $1,113.00 x2 Field Staff $2,226.00 Office Field Check Base Mapping Day 1 (Drive to Site)105 51.75 Day 2 105 69 16 17 31 5 Day 3 (Drive Home)51.75 Per Person (PP)$210.00 69 16.00 17.00 31.00 5.00 103.50 $451.50 Total Per Diem & Lodging $2,677.50 Notes: (**) Lodging PP $105/day + tax (GSA rate does not include tax) 2022 GSA Per Diem Rates Other Counties Without Specified Rates Field Staff Per Person (PP) DRAFT Breakdown (*) First & last day of travel equals 75% of total M&IEPage 309 of 334 Scanning Mapping Obscure Areas Storm & Sewer Dips Page 310 of 334 Page 311 of 334 August 2, 2021 1 Alliance Geomatics, LLC 1261 A 120th Avenue NE Bellevue, WA 98005 Subject: Acceptance FYE 2020 ICR Risk Assessment Review Dear Michael Paradis: Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 109.19% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 312 of 334 CONSULTANT (or subconsultant) NAME AEC LLCPROJECT NAME Sylvester St. Safey Improvements (Ped/Bike Funding) PROJECT NUMBER A. SUMMARY ESTIMATED MAN-DAY COSTS Raw Labor Man-Days Man-Hours Hrly Rate Cost 1 3.4375 =27.5 @ $67.31 =1,851.03$ 2 3.625 =29 @ $26.00 =754.00$ 4 ARCHAEOLOGIST 0.5 =4 @ $32.00 =128.00$ 5 0 =@ $55.00 =-$ 6 =0 @ $0.00 =-$ 7 =@ = TOTAL RAW LABOR COST =2,733.03$ B.PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD X =$3,551.02 C.NET FEE X =$1,885.22 D.FCCM Approved FCCM Rate 2,733.03$ X $13.94 TOTAL LABOR 8,183.20$ E.OUT-OF-POCKET EXPENSE SUMMARY Estimated Unit Cost Expense 1 @ 0.560$ =196.00$ 2 @ 200.00$ =-$ 3 @ 96.00$ =-$ 4 @ 41.25$ =-$ 5 RECORD SEARCH/RESEARCH FEE @ 60.00$ -$ 5 IFWIS/Research FEE @ 200.00$ -$ 6 @ 25.00$ -$ =196.00$ F.SUBCONSULTANTS 1 ** = 2 ** = TOTAL = *As per the "FEDERAL PER DIEM RATES" **See attached Subconsultant's Summary ***Negotiated % Fee PAGE 1 $8,379.21 * M&IE First and last (Days) TOTAL ESTIMATED EXPENSE Mailings 350 $6,284.04 Estimated Amount * MILEAGE (miles) DOCUMENT FORMATTING/EDITING Lodging 0.51% Total Raw Labor Cost NET FEE*** 30% 2,733.03$ Approved Overhead Rate 129.93% Total Raw Labor & Overhead Total Raw Labor Cost etc SR. BIOLOGIST BIOLOGICAL TECH/GIS Page 313 of 334 December 17, 2021 Anderson Environmental Consulting, LLC 14234 North Tormey Road Nine Mile Falls, WA 99026 Subject: Acceptance FYE 2020 ICR CPA Report Dear Noreen Iliff: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 129.93% of direct labor (rate includes 0.51% Facilities Capital Cost of Money) CDA-CPA Group, PLLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 314 of 334 Consultant Fee Determination (Rev. 2)Sylvester Street Safety Improvements, Pasco, WAShannon & Wilson - Geotechnical Engineering ServicesVice President Sr. Associate Associate Sr. Professional Sr. Professional Sr. Professional Professional Professional Professional Professional Sr. Tech Svcs Sr. Office Svcs Office Svcs IVTotalIII II I IVIII II I CAD Clerical1 - Fieldwork & Lab 4192252 - Engineering244103 - Report Preparation14 16223Total Staff Hours1 10 0 0 20 0 0 23 0 0004 58Hourly Rate$90.65 $77.35 $65.73 $57.48 $50.48 $45.84 $45.84 $37.60 $34.50 $29.87 $38.89 $48.67 $32.45Total Labor$2,868OH at 178.79 % of Direct Labor$5,128Profit at 30% of Direct Labor$861Total $8,857Subcontracted ServicesDrilling$6,884Traffic Control$2,040Subcontracted Services Total: $8,924Direct Costs (production, Fedex, etc) Mileage$84Laboratory Testing, unit pricing$1,020Direct Costs Total: $1,104Rounded Total:$18,900Notes:108208-P Sylvester St Safety Improvements.gtfee.r2.xlsxS&W - GEOTECH12/1/2021Page 315 of 334 June 9, 2021 Shannon & Wilson, Inc. 400 N 34th Street, Suite 100 Seattle, WA 98103 Subject: Acceptance FYE 2020 ICR Cognizant Review Dear Noelani Bevill: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 178.79% of Combined/Corporate (rate includes 0.11% Facilities Capital Cost of Money) based on WSDOT Audit Office. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Page 316 of 334 Agreement Number ____________ Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a.withholding payments to the contractor under the contract until the contractor complies; and/or b.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 317 of 334 Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); •The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; •The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 318 of 334 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of _______________________________ Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 City of Pasco (WA) Page 319 of 334 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of whose address is and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 320 of 334 Exhibit G-1(b) Certification of I hereby certify that I am the: Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 321 of 334 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D.Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II.Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 322 of 334 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 323 of 334 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer ’s representative in support of * are accurate, complete, and current **as of . This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 324 of 334 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Page 325 of 334 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Page 326 of 334 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: •Summation of hours by classification for each firm that is included in the claim; Any correspondence that directed the consultant to perform the additional work; Timeframe of the additional work that was outside of the project scope; •Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Page 327 of 334 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; •Agency’s summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; •Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; •Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Page 328 of 334 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 329 of 334 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 330 of 334 • 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 331 of 334 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 332 of 334 • 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 333 of 334 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 334 of 334