HomeMy WebLinkAbout2022.02.07 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, February 7, 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. 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.
6 - 25 (a) Approval of Meeting Minutes
Page 1 of 310
To approve the minutes of the Pasco City Council meetings and
workshops held on January 10, January 18 and January 24, 2022.
26 - 27 (b) Bills and Communications
To approve claims in the total amount of $8,861,762.90 ($5,245,436.21
in Check Nos. 246234-246636; $1,813,527.94 in Electronic Transfer
Nos. 834231-834263, 834266-834285, 834295-834319, 834321-
834384, 834387-834411, 834413-834497, 834524-834530, 834540-
834542, 834544-834551; $25,193.01 in Check Nos. 53821-53838;
$1,777,507.70 in Electronic Transfer Nos. 30170483 -30171519;
$98.04 in Electronic Transfer Nos. 863-865).
28 - 41 (c) Resolution - Interlocal Agreement for Columbia River Bacteria
Management Plan
To approve Resolution No. 4146, authorizing the City Manager to
execute the Interlocal Agreement with the Cities of Kennewick,
Richland, and West Richland for the development of a Regional AlgaI
Bloom Management and Response Plan.
42 - 49 (d) Resolution - Bid Award for West Pasco Water Treatment Plant
Improvements (Phase 1)
To approve Resolution No. 4147, awarding Bid No. 16008 for the West
Pasco Water Treatment Plant Improvements Phase 1 project to Apollo,
Inc. of Pasco, Washington, and further, autho rize the City Manager to
execute the Contract documents and allowing all necessary budget
adjustments.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have acces s to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
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8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
50 - 74 (a) Public Hearing & Ordinance for SG Land Management LLC/Harris
Road Annexation (ANX 2020-001)
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4576, relating to annexation
and annexing certain real property to the City of Pasco, and furthe r,
authorize publication by summary only.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
75 - 113 (a) Q Ordinance - SG Land Management LLC/Harris Road Zoning
Determination (ZD 2020-002)
MOTION: I move to adopt Ordinance No. 4577, assigning R-3 zoning
to the SG Land Management LLC/Harris Road annexation area as
recommended by the Hearing Examiner, and further, authorize
publication by summary only.
114 - 160 (b) *Q Ordinance - The Dunes RT to R-3 Rezone (Z 2021-015)
MOTION: I move to adopt Ordinance No. 4578, rezoning a parcel
located along the south side of Burns Road, approximately three-
quarters of a mile west of Broadmoor Boulevard from RT to R -3, and
further, authorize publication by summary only.
161 - 250 (c) *Resolution - Supplemental Agreement No. 1 - Court Street &
Road 68 Intersection Improvements Project
MOTION: I move to approve Resolution No. 4148, authorizing
execution of Supplemental Agreement No. 1 to Professional Services
Agreement by the City Manager with PBS Engineering &
Environmental, Inc. for the Court Street & Road 68 Intersection
Improvements Project.
251 - 257 (d) *Resolution - Bid Award - North Industrial Way Stormwater
Retrofit & Overlay
MOTION: I move to approve Resolution No. 4149, awarding Bid No.
20101 for the North Industrial Way Stormwater Retrofit & Overlay
project to Double J Excavating, Inc. of Pasco, WA in the amount of
$503,000.00 and further authorize the City Manager to execute the
contract documents and allowing all necessary budget adjustments.
10. UNFINISHED BUSINESS
Page 3 of 310
258 - 263 (a) Banning Local Income Tax
MOTION: I move to approve Resolution No. 4150, expressing
Council's oppositions to a local income tax on the resident and
businesses of the City of Pasco.
and/or
MOTION: I move to adopt Ordinance No. 4579, creating a new Chapter
3.31 entitled, "Local Income Tax," within Title 3, "Revenue and
Finance" of the Pasco Municipal Code, to oppose a local income tax
on the residents and businesses of the City of Pasco.
11. NEW BUSINESS
264 - 301 (a) *Velicanin RS-20 to either RS-12 or RS-1 Rezone (Z 2021-016)
MOTION: I move to concur with Hearing Examiner findings and
recommendation and deny a request to rezone a parcel located at
8812 West Court Street in Pasco, WA from RS-20 to either RS-12 or
RS-1.
302 - 304 (b) *Duarte RS-12 to R-1 Rezone (Z 2021-017)
MOTION: I move to set March 7, 2022 as the date for a closed record
appeal hearing for the Hearing Examiner recommendation of denial of
a rezone request on the northeast corner of North 28th Avenue and
West Ella Street.
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) Discussion with legal counsel about current or potential litigation
per RCW 42.30.110(1)(i) (20 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
305 - 310 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
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• Monday, February 7, 1:30 PM: Emergency Medical Services
Board Meeting – Fire Training Center, 1811 S. Ely,
Kennewick (COUNCILMEMBER PETE SERRANO, Rep.;
COUNCILMEMBER NIKKI TORRES, Alt.)
• Thursday, February 10, 4:30 PM: PSD Skilled & Technical
Advisory Committee – Virtual (COUNCILMEMBER DAVID
MILNE)
• Thursday, February 10, 7:00 PM: Ben Franklin Transit
Board Meeting – Virtual (COUNCILMEMBER JOSEPH
CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.)
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.)
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AGENDA REPORT
FOR: City Council February 2, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
01.10.2022, 01.18.2022 & 01.24.2022 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council meetings and workshops held
on January 10, January 18 and January 24, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, January 10, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Joe Campos, Craig Maloney, David
Milne, Zahra Roach, Pete Serrano, and Nikki Torres.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Eric Ferguson, City Attorney; Zach Ratkai, Administrative & Community Services
Director; Richa Sigdel, Finance Director; Rick White, Community & Economic
Development Director; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne commented on an elected officials’ gathering located at the REACH
Museum he attended and the monthly Parks & Recreation Advisory Commission
meeting he participated in recently.
Ms. Torres commented on the ribbon cutting event f or the Girl Scouts of Eastern
Washington and Northern Idaho, which recently relocated their office in Pasco,
WA.
ITEMS FOR DISCUSSION
Presentation - Parks & Recreation Master Plan
Mr. Ratkai introduced Cindy Mendoza, a consultant from MIG, who provid ed an
update to the Parks & Recreation Master Plan.
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Council, staff and Ms. Mendoza further discussed the Master Plan for Parks &
Recreation as it is being developed.
Inclusion, Diversity and Equity Commission Progress Report
Senior Management Analyst Pashon provided a brief introduction of the Inclusion,
Diversity & Equity Commission (IDEC) and its Chair Mr. Robinson. Mr. Robinson
provided a report on the progress of the IDEC activities and its recommendations
moving forward to Council.
Council and Mr. Robinson further discussed the accomplishments of IDEC, as well
as the tasks that still needed to be addressed.
Ordinance - PMC Amendments in Title 25 "Zoning" Increasing
Residential Building Capacities - E2SHB 1923
Mr. White introduced Planning Manager Gonzalez who provided a status on the
proposed amendments to the Pasco Municipal Code (PMC) Title 25 Zoning related
to affordable housing within the City.
Council and staff held a question and answer period during the presentation.
PWRF Pretreatment Improvements - Update
Mr. Worley provided a brief report on the Process Water Reuse Facility (PWRF)
including, who uses it, how much water is processed through it and the current
process for cleaning the water, challenges facing the processing facility, and
opportunities to improve the processing facility including a proposal from
Sustainable Energy Ventures (SEV) - using the PWRF to process renewable
natural gas from the methane gas generated by a new treatment process.
Council and staff continued discussion regarding the SEV proposal.
RECESS
Mayor Barajas called a five-minute recess at 9:17 PM. The workshop reconvened
a 9:22 PM.
Resolution - Bid Award Burns Road Pathway Phases 1, 2, 3 & N. Road
93/Powerline Pathway
Capital Improvement Program Manager Serra provided a brief overview of the bid
award for the Burns Road Pathway improvements project. She also stated that
staff is seeking a budget amendment for $50,000 towards the project.
Council and staff briefly discussed the proposed project.
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City Council Representation on Community Boards and Committees for
2022-2023
Council briefly discussed their assignments on community boards and committees
for the next two years and 2022-2023 City Council Assignments List will be brought
back for Council confirmation at the next Council meeting.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Serrano expressed concern about the possibility of "Local Income Tax"
initiatives and stated that he is working on a resolution for Council consideration to
formally state that the Pasco City Council is against "Local Income Taxes." He will
present it after it is vetted through the City Attorney's Office to ban Local Income
Tax within Pasco.
Mr. Zabell announced the two (2) upcoming Community Forums scheduled for
February 10 and February 15, which are needed to be completed prior to the March
2022 Council Retreat.
Mr. Zabell stated that a City dock broke away from its moorings over the weekend,
during state-wide weather event of high winds and ice flows. Mr. Ratkai provided
a list of the next steps needed in order to the remove of the dock. Mr. Zabell stated
that staff will prepare an emergency order condemning the dock and the need to
remove it from the river as soon as possible; it will be presented at the next Council
Meeting for action.
At the request of Mr. Maloney, Mr. Zabell and Fire Chief Gear addressed the
concerns of newest Omicron variant of COVID-19 virus and the increased number
of individuals testing positive with COVID-19.
Mr. Milne expressed support for Mr. Serrano's resolution prohibiting a Local
Income Tax.
Mr. Maloney and Mr. Campos stated that they do not support a Local Income Tax;
however, the resolution would not provide any legal holds on such an initiative if it
were placed on a ballot.
Mayor Barajas agreed with Mr. Maloney's comments regarding the Local Income
Tax issue.
Mr. Serrano restated that he would prepare a resolution for Council consideration
and asked that it be placed on the next Council Workshop.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 9:43 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
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MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, January 18, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Craig Maloney, Mayor Pro Tem.
ROLL CALL
Councilmembers present: Craig Maloney, Joseph Campos, Pete Serrano, Nikki
Torres, David Milne, and Zahra Roach
Councilmembers absent: Blanche Barajas (Mayor Barajas attended the Executive
Session from 8:03 PM to 8:30 PM)
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, Comm unity &
Economic Development Director; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Regular Meeting held on January
3, 2022.
Bills and Communications
To approve claims in the total amount of $4,889,774.94 ($3,198,933.78 in Check
Nos. 245944-246233; $783,659.54 in Electronic Transfer Nos. 834286-834290,
834292-834294, 834320, 834385-834386; $9,661.45 in Check Nos. 53811-53820;
$897,520.17 in Electronic Transfer Nos. 30169961-30170482).
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Resolution - Bid Award Burns Road Pathway Phases 1, 2, 3 & N. Road
93/Powerline Pathway
To approve Resolution No. 4137, awarding the Burns Road Pathway Phase 1, 2, 3,
& N. Rd. 93/Powerline Pathway Projects including Additive Bid Schedules A and B
to Ellison Earthworks, LLC of Richland, WA in the amount of $538,441.31, including
Washington State Sales Tax, and further authorize the City Manager to execute the
contract documents and all necessary budget adjustments.
To adopt Ordinance No. 4571, amending the 2021-2022 Biennial Budget of the City
of Pasco, Washington, by providing supplement thereto; to provide additional
appropriation in the City's General Construction Fund for the construction of the
Burns Pathway Phases 1 to 3 and N. Road 93/Powerline Pathway and, further,
authorize publication by summary only.
Resolution - Amendment No. 2 to Purchase and Sale Agreement - Columbia
Basin College Student Housing
To approve Resolution No. 4138, authorizing Amendment No. 2 to the Purchase and
Sale Agreement between the City of Pasco and CBC Student Housing, LLC, and
further, to authorize the City Manager to execute said amendment.
Resolution - City Council Representation on Community Boards and
Committees for 2022-2023
To approve Resolution No. 4139, confirming Mayoral assignments of
Councilmembers to various community boards and committees for the years 2022-
2023.
MOTION: Councilmember Campos moved, seconded by Councilmember
Serrano to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Councilmember Campos, Councilmember Serrano,
Mayor Pro Tem Maloney, Councilmember Torres,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Proclaiming February 2022 as "Black History Month"
Mayor Pro Tem Maloney read the proclamation proclaiming February 2022 as,
"Black History Month" and he announced that Ms. Naima Chambers -Smith, activist,
founder/CEO of the Tri-Cities Diversity and Inclusion Council was the recipient of the
MLK Spirit Award presented by Columbia Basin College.
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Proclaiming Community Risk Reduction Week
Fire Chief Gear introduced Community Risk Reduction Manager Ben Shearer who
commented on the risk reductions occurring within the City of Pasco.
Mayor Pro Tem Maloney read the proclamation proclaiming January 17 to January
22, 2022, as "Community Risk Reduction Week."
Mr. Milne and Ms. Roach commended the Pasco Fire Department staff and the work
they perform.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Campos commented on a Ben Franklin Transit Board meeting he recently
attended.
Mayor Pro Tem Maloney commented on the Pasco Public Facilities District Board
meeting held earlier in the afternoon.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing and Ordinance - Thanksgiving Partnership Annexation
Proceedings (ANX 2021-002)
Mr. White provided a brief report on the proposed annexation of property into the
City of Pasco petitioned from the owners of the property, the Thanksgiving
Partnership.
Mayor Pro Tem Maloney declared the Public Hearing open to consider the proposed
annexation of property into the City of Pasco petitioned from the Thanksgiving
Partnership. Following three calls for comments, and there being none, Mayor Pro
Tem Maloney declared the Public Hearing closed.
MOTION: Councilmember Campos moved, seconded by Councilmember Milne
to adopt Ordinance No. 4572, relating to annexation and annexing certain rea l
property to the City of Pasco, and further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Councilmember Campos, Councilmember Milne, Mayor
Pro Tem Maloney, Councilmember Serrano,
Councilmember Torres, and Councilmember Roach
ABSENT: Mayor Barajas
Page 3 of 7Page 13 of 310
Public Meeting & Resolution - Accepting a Notice of Intent for Lamb 5 LLC
Annexation (ANX 2021-007)
Mr. White provided a brief overview of the proposed annexation, noting the additional
property proposed to be annexed.
Mr. Serrano questioned the proposed annexation boundaries and Mr. White
explained that the boundaries may be reduced during the annexa tion process;
however, additional acres cannot be added once Council agrees to move forward on
a specific annexation.
Council conducted a public meeting providing an opportunity to hear from the
proponents of the proposed annexation; however, no one came forward to speak
during the meeting.
MOTION: Councilmember Campos moved, seconded by Councilmember Torres
to approve Resolution No. 4140, accepting a notice of intent to commence
annexation proceedings for the the Lamb 5 LLC annexation, providing a
determination on the boundary to be annexed, and whether simultaneous zoning
and the assumption of bonded indebtedness will be required.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Campos,
Councilmember Serrano, Councilmember Torres,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Q Ordinance - Thanksgiving Limited Partnership Zoning Determination (ZD
2021-002)
Mr. White provided a brief review of the proposed zoning determination of the
recently annexed property.
Mayor Pro Tem Maloney announced that the proposed ordinance determining the
zoning for the recently annexed property was a quasi-judicial action and asked Mr.
Ferguson to explain the procedure for quasi-judicial items.
Mr. Ferguson read the quasi-judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembe rs, he
asked if any members of the public were seeking to disqualify a member of Council
from participating in the proceedings. No one came forward.
MOTION: Councilmember Campos moved, seconded by Councilmember
Serrano to adopt Ordinance No. 4573, assigning I-1 zoning to the Thanksgiving
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Limited Partnership annexation area as recommended by the Hearing Examiner,
and further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Campos,
Councilmember Serrano, Councilmember Torres,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
Resolution - Surplus of City Property - 4802 Kalahari Drive
Mr. Ratkai provided a brief history of the City-owned property noting that it was no
longer needed for City purposes.
MOTION: Councilmember Campos moved, seconded by Councilmember Milne
to approve Resolution No. 4141, approving the surplus of certain real property
at 4802 Kalahari Drive, and further, authorize the City Manager to sell the
property through realtor listing for a minimum price determined through market
analysis.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Campos,
Councilmember Serrano, Councilmember Torres,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
Resolution - Purchase and Sale Agreement - 4802 Kalahari Drive
MOTION: Councilmember Campos moved, seconded by Councilmember Torres
to approve Resolution No. 4142, approving the Purchase and Sale Agreement
between the City of Pasco and A.J. Wade, for the property located at 4802
Kalahari Drive and further, to authorize the City Manager to execute the
agreement.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Campos,
Councilmember Serrano, Councilmember Torres,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
Resolution - Amendment No.1 to Professional Services Agreement with CKJT
for Design of New Animal Control Facility
Mr. Ratkai provided a brief report on the additional services needed for the design of
the new Tri-Cities Animal Control facility.
MOTION: Councilmember Campos moved, seconded by Councilmember Roach
to approve Resolution No. 4143, authorizing the City Manager to sign and
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execute Amendment No. 1 to the Professional Services Agreement with CKJT
Architects, PLLC for architectural services related to the new Animal Shelter
Facility in the amount of $101,660.50.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Campos,
Councilmember Serrano, Councilmember Torres,
Councilmember Milne, and Councilmember Roach
ABSENT: Mayor Barajas
MISCELLANEOUS DISCUSSION
Mr. Zabell announced that, due to the upsurge of COVID-19, the City's Employee
Recognition and Award Banquet previously scheduled for January 28 was moved to
March 18, 2022.
Mr. Zabell explained that, throughout any given year, requests from local municipalities
and other key community partners will ask for support from the City Council and typically
the Mayor will review and sign these letters of support, often related to pending
legislation, such as the proposed letters of support for the 2022 Police Reform
Legislation and the 2022 Washington State New Transpo rtation Investments provided
in the agenda packet.
Mr. Lincoln then provided additional details on the draft letters supporting the 2022
Police Reform Legislation and 2022 Washington State New Transportation
Investments.
Mr. Serrano commented on the 2022 Washington State Transportation Investments
item and inquired on how and if any of the investments would come back to help the
City of Pasco. Both Mr. Lincoln and Mr. Zabell noted that the City's lobbyists understand
the City's stance and, in this case, while the items included in this letter of support may
not be specific to Pasco, it will be helpful to move the backlog of projects along so that
future City projects may be considered and approved.
Mayor Pro Tem Maloney stated that the Washington State legislature is holding some
public hearings regarding Local Income Tax noting that the City Council's Legislative
Priorities does not address this issue. He asked Council if they would be supportive of
adding an "opposed to state/local income tax" to the Council's Legislative Priorities.
Council and staff discussion ensued regarding banning local income tax by adding it to
the City Council's Legislative Priorities, as well as the possibility of adopting a resolution
that opposes local income tax. Council concurred on adding the opposition of the local
income tax to its Legislative Priorities. Council was split on moving forward regarding
adopting a resolution and possible inclusion in the Pasco Municipal Code (PMC) of
banning local income tax. Mr. Zabell stated that staff will provide an agenda report for
Council discussion at the next scheduled workshop , which will include the legislative
option, as well as draft resolutions, one that just supports banning local income tax and
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the other that also includes instructions for staff to prepare an ordinance amending the
PMC banning local income tax.
EXECUTIVE SESSION
Discussion with Legal Counsel About Current or Potential Litigation per RCW
42.30.110(1)(i) (30 minutes)
Council adjourned into Executive Session at 8:0 1 PM for 30 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the
City Manager, Deputy City Manager, and the City Attorney.
The Finance Director joined the Executive Session at 8:15 PM.
Mayor Pro Tem Maloney called the meeting back to order at 8:30 PM.
NOTE: Mayor Barajas joined the meeting remotely for the Executive Session at 8:03
PM and then exited the meeting at 8:30 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:30 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
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MINUTES
City Council Special Meeting
7:00 PM - Monday, January 24, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Craig Maloney, Mayor Pro Tem.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete
Serrano, David Milne, and Nikki Torres
Councilmembers absent: Zahra Roach
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Colleen Chapin, Human Resources Director; Craig Briggs, Assistant City Attorney;
Jeff Briggs, Assistant 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 Dire ctor;
Steve Worley, Public Works Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing and Ordinance - Olberding & Farm 2005 LLC (ANX 2021-003)
Mr. White provided a brief report on the proposed annexation for Olberding and Farm
2005.
Ms. Torres announced that she owns property adjacent to the property pending
annexation and that she spoke with City Attorney Ferguson who advised that she
may vote on this annexation; however, she will need to recuse herself when the vote
on the zoning determination is before Council.
Mr. Serrano and Mayor Pro Tem Maloney asked if the flight plan will have an effect
on the zoning determination and the residential density designation surrounding the
Page 1 of 3Page 18 of 310
airport. Mr. White confirmed that both would be considered in the determination of
the zoning of the property.
Mayor Pro Tem Maloney declared the Public Hearing open to consider the proposed
annexation petitioned by Olberding and Farm 2005 LLC.
James Carnegie, consultant for the owners of the property, encouraged Council to
approve the annexation of the property owned by Olberding and Farm 2005 LLC.
Following three calls for comments, and there being none, Mayor Pro Tem Maloney
declared the Public Hearing closed.
MOTION: Mayor Barajas moved, seconded by Councilmember Torres to adopt
Ordinance No. 4574, relating to annexation, and annexing certain real property
to the City of Pasco and, further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Councilmember Torres, Mayor Pro Tem
Maloney, Councilmember Campos, Councilmember
Serrano, and Councilmember Milne
ABSENT: Councilmember Roach
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance - PMC Amendments in Title 25 "Zoning" Increasing Residential
Building Capacities - E2SHB 1923
Mr. White introduced Planning Manager Jacob Gonzalez who provided a brief review
of the proposed amendments to Title 25, Zoning of the Pasco Municipal Code (PMC).
Council and Mr. Gonzalez briefly discussed the proposed amendments to PMC Title
25.
MOTION: Mayor Barajas moved, seconded by Councilmember Milne to adopt
Ordinance No. 4575, amending Title 25 of the Pasco Municipal Code, "Zoning"
to increase residential building capacities per Washington State Engrossed
Second Substitute House Bill 1923, and, further, authorize publication by
summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Milne, and Councilmember Torres
ABSENT: Councilmember Roach
Resolution - Ecology Loan Agreement for Wastewater Treatment Plant (WWTP)
Phase 1
Page 2 of 3Page 19 of 310
Mr. Worley provided a brief report on the proposed low interested loan agreement
from the Washington State Department of Ecology.
MOTION: Mayor Barajas moved, seconded by Councilmember Torres to
approve Resolution No. 4144, authorizing execution of the $22.26M Loan
Agreement with the Department of Ecology for the Wastewater Treatment Plant
(WWTP) Phase 1 Construction.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Milne, and Councilmember Torres
ABSENT: Councilmember Roach
Resolution - Declaration of Local Storm Emergency
Mr. Ratkai provided a brief report on the recent declaration of emergency of City
assets due to a severe winter storm the crossed Washington State in early January
2022.
Mr. Campos expressed appreciation to Mr. Ratkai for the swift response to this
severe winter event.
MOTION: Mayor Barajas moved, seconded by Councilmember Campos to
approve Resolution No. 4145, ratifying Mayor Blanche Barajas's emergency
Proclamation, and subsequent Emergency Order No. 2022-001, due to the
January 7, 2022, windstorm in the City of Pasco, Washington.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Milne, and Councilmember Torres
ABSENT: Councilmember Roach
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:25 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 3 of 3Page 20 of 310
MINUTES
City Council Workshop Meeting
7:20 PM - Monday, January 24, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:25 PM by Craig Maloney, Mayor Pro Tem.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete
Serrano, David Milne, and Nikki Torres
Councilmembers absent: Zahra Roach
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Colleen Chapin, Human Resources Director; Craig Briggs, Assistant City Attorney;
Jeff Briggs Assistant 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; and Debby Barham, City Clerk.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne commented on the Agricultural Hall of Fame event that he attended recently,
noting that Ms. Torres also attended the event.
ITEMS FOR DISCUSSION
Tri-City Dust Devils Season Recap
Mr. Ratkai introduced Derrel Ebert, Vice President & General Manager for the Tri -
City Dust Devils Baseball Team who reported on the 2021 baseball season and their
affiliation with the Los Angeles A's Major League Baseball (MLB) team for the next
ten (10) years. Brent Miles, President also commented on the Tri-City Dust Devils,
and they announced that the Washington State AA and AAA High School
Championship games will be held again at GESA Stadium in May 2022.
Page 1 of 5Page 21 of 310
Council, Mr. Miles, Mr. Ebert, Mr. Ratkai and Mr. Zabell continued to discuss the
2022 baseball season, the upcoming scheduled improvements to GESA Stadium
and the positive economic impact the season, as well as stadium improvements will
bring to the community.
Future Fire Station Considerations
Mr. Zabell and Fire Chief Gear provided a brief presentation regarding the status and
considerations of the future City Fire Stations due to its anticipated growth.
Mr. Serrano asked about the increased call volume this past year and the causes of
that increase.
Fire Chief Gear responded stating that the coronavirus was one of the major factors
in that increase. Chief Gear also mentioned that the Fire Department's Resource
Navigator program helped reduce the repeat EMS calls this past year. He also note d
that the first large, assisted living facility, currently being built on Burns Road, will
have a major impact on increased calls when it is opened stressing Station 83 if
Station 85 is not up and running by then.
Mr. Zabell stated that staff was curren tly in the process of updating the Fire Master
Plan based on all the factors affecting the EMS and Fire calls discussed during the
workshop.
Mayor Pro Tem Maloney asked about the City's interaction with the area Fire Districts
and as Pasco expands through annexations how that affects the Franklin County
Fire District capabilities.
Fire Chief Gear stated that Pasco works well with the area Fire Districts to ensure
the best coverage possible with the equipment, facilities, and manpower available.
He reiterated that planning for the future needs now is key.
Fire Station 85 & Maple Street Extension
Mr. Zabell and Fire Chief Gear provided a brief report on the proposed extension of
Maple Street in front of the future Fire Station 85. They sought Council's thoughts
the type of roadway for the new Fire Station 85. Should it be merely a driveway or
should the City build a roadway that would accommodate a future road to extend
Maple Street and provide for the roadway connection from Road 100 to Road 97.
Council and staff discussed an option of road extension as future development
occurs with the properties between Road 100 and Road 97. At the end of the
discussion, the majority of the Council felt that the City should build a roadway to
access Fire Station 85 at this time and as the property to the east of the Fire Station
is developed, then Council would hold public hearings on the options a future road
connection from Road 100 to Road 97.
Page 2 of 5Page 22 of 310
SG Land Management LLC/Harris Road Annexation (ANX 2020-001)
Mr. White provided an update on the proposed annexation that will be coming
forward for final action at the February 7, 2022, Council meeting.
Mr. Serrano and Mr. White briefly discussed the length of time to process this
annexation.
Resolution - Interlocal Agreement for Columbia River Bacteria Management
Plan
Mr. Worley explained the purpose of the proposed interlocal agreement in response
to unusual algae blooms that occurred within the Columbia River during the past
summer. This item will come before Council at their next business meeting for final
action.
Resolution - Bid Award for West Pasco Water Treatment Plant Improvements
(Phase 1)
Mr. Worley provided a brief overview of the proposed bid award for Phase 1 of the
West Pasco Water Treatment Plant Improvements. This item will come before
Council at their next business meeting for final action.
Council Voting Districts - Redistricting Discussion
Mr. Zabell and Assistant City Attorney Jeff Briggs provided a brief update on the
process to review the current Council Voting District Boundaries and possibly
realigning the districts' boundaries based on the 2020 U.S. Census data received
through the Washington State Department of Financial Management. The City has
enlisted the services of the law firm of Floyd, Pflueger & Ringer, PS again to analyze
the current census data and provide recommendations for possible districts'
boundaries realignments.
Council and staff discussion ensued regarding the potential Council Voting Districts'
boundaries adjustments. At the end of the discussion Mr. Zabell stated that staff will
come back to Council in late June or early July with additional information regarding
the analysis of the census data. The final redistricting will need to be completed by
November 15, 2022.
Local Finance Options - Income Tax
Mr. Zabell recapped previous Council discussion that Council was in full agreement
regarding opposition to a local income tax; however, Council had differing opinions
on how to convey that message. A few different options on how to convey this stance
included: 1) No further action as the Council discussion on this matter was sufficient
to assure the public; 2) Passage of a resolution affirming that the City Council has
no intention of imposing a local income tax; 3) Passage of an ordinance prohibiting
the imposition of a local income tax by the City of Pasco; and/or 4) Interaction with
the Washington State Legislature on the matter, specifically, a higher level of
engagement on the legislation relating to local taxing authority proposals. Mr. Zabell
Page 3 of 5Page 23 of 310
also introduced Briahna Murry, Vice President with Gordon Thomas Honeywell
(GTH), who provided additional information regarding the status of SB 5554 -
"Eliminating the prohibition on local net income taxes if certain revenue neutrality
requirements are met," as well as the proposed letter provided in the agenda packet.
Council discussed the various options and Council supported the letter drafted by
GTH, if it is needed. Council still questioned whether to move forward on formalizing
their stance in a resolution or a resolution instructing staff to prepare an ordinance
amending the Pasco Municipal Code (PMC) and concluded with four
Councilmembers willing to have a resolution stat ing that Council is opposed to the
Local Income Tax. Mr. Briggs stated that ordinances amending the PMC are
generally related to the operations in the City of Pasco and resolutions, by their
nature, are statements of purpose and intentions of Council. He recommended a
resolution would convey Council stance on this issue. Mr. Serrano stated he still
supports amending the PMC to include a statement that the City of Pasco bans Local
Income Tax for Council consideration, and he would meet with City Attorney's Office
staff to draft an ordinance. Mr. Campos asked that Mr. Serrano be flexible when
discussing this matter with staff and consider the easiest path forward regarding this
issue.
MISCELLANEOUS COUNCIL DISCUSSION
Mayor Pro Tem Maloney commented on placing a pause on Single Resident
Occupancy (SRO) within the City of Pasco.
Mr. Zabell stated that the SRO topic could be brought back to Council for discussion at
a future Workshop.
Mr. Campos asked about the status of Animal Control Authority (ACA), specifically the
comments from Ms. Larkin related to the Benton Franklin Humane Society and the ACA
interlocal Agreement.
Mr. Ratkai and Mr. Zabell responded stating all three cities will need to weigh in related
to amending the ACA interlocal agreement and a concrete plan needs to be vetted out
first. Staff will be meeting with Ms. Larkin in February and more information will follow.
Mr. Campos expressed appreciation to Mr. Ratkai and Mr. Lincoln for responding to
Ms. Larkin's emails timely.
EXECUTIVE SESSION
Mr. Briggs asked staff to provide the factors affecting the price of the real estate item
before going into the Executive Session.
Mr. Zabell stated the factors influencing the price is the proposed use of the property
will be for residential development and proposed use of property of the surrounding
property is also for residential development.
Page 4 of 5Page 24 of 310
Council adjourned into Executive Session at 9:31 PM for 14 minutes to discuss the
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) with the
City Manager, Deputy City Manager, ACS Director, and the Assistant City Attorney.
Mayor Pro Tem Maloney called the meeting back to order at 9:45 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:45 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 5 of 5Page 25 of 310
AGENDA REPORT
FOR: City Council February 3, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 02.07.22
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $8,861,762.90 ($5,245,436.21 in Check
Nos. 246234-834231Transfer Electronic Nos. $1,813,527.94 246636; in -
834263, 834266-834285, 834295-834319, 834321-834384, 834387-834411,
834413-834497, 834524-834530, 834540-834542, 834544-834551; $25,193.01
in 53821Nos. Check -Nos. Transfer in Electronic 53838; $1,777,507.70
30170483-30171519; $98.04 in Electronic Transfer Nos. 863 -865).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 26 of 310
REPORTING PERIOD:
February 7, 2022
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 246234-246636 53821-53838
Total Check Amount $5,245,436.21 $25,193.01 Total Checks 5,270,629.22$
Electronic Transfer Numbers 834231-834263 30170483-30171519 863
834266-834285 865
834295-834319
834321-834384
834387-834411
834413-834497
834524-834530
834540-834542
834544-834551
Total EFT Amount $1,813,527.94 $1,777,507.70 $98.04 $0.00 Total EFTs 3,591,133.68$
Grand Total 8,861,762.90$
Councilmember
1,088,412.61
26,132.57
18,806.63
1,090.35
63,774.67
32,839.79
1,073.83
18,042.47
752.02
6,800.59
139.37
7,202.03
2,786.28
1,424,096.42
2,197,437.48
125,814.61
13,294.98
208,601.03
223,007.28
4,434.10
3,397,223.79
GRAND TOTAL ALL FUNDS:8,861,762.90$
The City Council
January 13 - February 2, 2022
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
7th day of February, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
C.D. BLOCK GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
ARPA
CEMETERY
ATHLETIC PROGRAMS
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
REVOLVING ABATEMENT
ECONOMIC DEVELOPMENT
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/DENTAL INSURANCE
FLEX
Page 27 of 310
AGENDA REPORT
FOR: City Council January 25, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Interlocal Agreement for Columbia River Bacteria
Management Plan
I. REFERENCE(S):
Resolution
Interlocal Agreement (ILA)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, authorizing the City
Manager to execute the Interlocal Agreement with t he Cities of Kennewick,
Richland, and West Richland for the development of a Regional AlgaI Bloom
Management and Response Plan.
III. FISCAL IMPACT:
ILA Total Cost for RH2 Contract: $78,438
Pasco, Richland & Kennewick's share: $22,411 (each)
West Richland's share: $11,205
Due to West Richland not having a water treatment plant, and a wholesale
water customer of Richland, they would not be responsible to pay a full share
as the other Cities. They will be paying a half share of this agreement.
IV. HISTORY AND FACTS BRIEF:
Richland, Kennewick, Pasco, and West Richland were granted Washington
State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter
“Permit” or “Quad-City Water Right”). The Cities use the Permit and other water
rights to access the Columbia River for potable water supply. Richland,
Kennewick, and Pasco withdraw, treat, and deliver Columbia River water to their
residents. West Richland purchases treated water provided by Richland for a
substantial portion of its potable water supply.
Page 28 of 310
In 2021, harmful algal blooms were detected and monitored in the Columbia
River. Harmful algal blooms may release toxins that pose a risk to human health.
Harmful algal blooms and their associated toxins are an emerging risk to water
utilities across the United States, but at present are not regulated by the United
States Environmental Protection Agency (EPA) or the Washington State
Department of Health (DOH). It is prudent for a ll four jurisdictions to prepare
plans to monitor and respond to the possible impairment of our potable water
supplies by a harmful algal bloom.
The City of Richland retained RH2 Engineering, Inc., (RH2) to assist in the
preparation of an Algal Bloom Management and Response Plan (Plan) for the
Quad Cities. The plan will follow the guidance of DOH’s 331-654, entitled Dealing
with Algal Blooms: Time to Make a Plan, and modeled after the Cyanotoxin
Monitoring Plan developed by Eugene Water and Electric Board (EWEB).
V. DISCUSSION:
This item was discussed at the January 24, 2022 Workshop meeting.
Since the proposed management and response plan is important to all four
Cities, staff recommends the execution of the ILA between the Cities of
Kennewick, Richland, Pasco, and West Richland. This will allow the sharing of
cost for the development of a Regional Algal Bloom Management and Response
Plan.
Page 29 of 310
Resolution - Quad Cities ILA –Regional Algal Bloom Management and Response Plan - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL
AGREEMENT (ILA) WITH THE CITIES OF KENNEWICK, RICHLAND,
AND WEST RICHLAND FOR THE DEVELOPMENT OF A REGIONAL
ALGAL BLOOM MANAGEMENT AND RESPONSE PLAN.
WHEREAS, the City together with Richland, Kennewick and West Richland were
granted Washington State Surface Water Right Permit S4-30976 on September 15, 2003 (herein
after “Permit”); and
WHEREAS, the Parties use the Permit and other water rights to access the Columbia
River for potable water supply. Richland, Kennewick and Pasco withdraw, treat, and deliver
Columbia River water to their residents. West Richland purchases treated water provided by
Richland for a substantial portion of its potable water supply; and
WHEREAS, in 2021 harmful algal blooms were detected and monitored in the Columbia
River; and
WHEREAS, harmful algal blooms may release toxins that pose a risk to human health;
and
WHEREAS, harmful algal blooms and their associated toxins are an emerging risk to
water utilities across the United States, but at present are not regulated by the United States
Environmental Protection Agency or the Washington State Department of Health; and
WHEREAS, it is prudent for the Parties to prepare plans to monitor and respond to the
possible impairment of their potable water supplies by a harmful algal bloom; and
WHEREAS, staff in Richland selected an engineering consultant and to negotiate a
scope of work and budget for this work; and
WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local
governments such as the Parties to this Interlocal to contract for the joint conduct of activities
which each of the Parties is individually authorized to perform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. The purpose of this Interlocal Cooperation Agreement is to authorize a
collaborative effort between the Parties to prepare a Algal Bloom Management and Response Plan,
as described within Exhibit A attached hereto.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to execute said ILA on behalf of the City of Pasco.
Page 30 of 310
Resolution - Quad Cities ILA –Regional Algal Bloom Management and Response Plan - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of ___,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 31 of 310
2022 Interlocal Cooperation Agreement – Quad-City Harmful Algal Bloom Management Plan Page 1
INTERLOCAL COOPERATION AGREEMENT
Between
Cities of Kennewick, Richland, Pasco and West Richland
For
Development of a Regional Algal Bloom Management and Response Plan
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into on this _______ day of
_____________, 2022 by and between the City of Kennewick (hereinafter “Kennewick”), the City
of Richland (hereinafter “Richland”), the City of Pasco (hereinafter “Pasco”), and the City of West
Richland (hereinafter “West Richland”), all municipal corporations of the State of Washington
(referred to collectively as the “Parties”). This Agreement is made in conformance with and under
the authority granted by RCW 39.34, the Interlocal Cooperation Act.
I. Recitals
WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington
State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter “Permit”); and
WHEREAS, the Parties use the Permit and other water rights to access the Columbia
River for potable water supply. Richland, Kennewick and Pasco withdraw, treat, and deliver
Columbia River water to their residents. West Richland purchases treated water provided by
Richland for a substantial portion of its potable water supply; and
WHEREAS, in 2021 harmful algal blooms were detected and monitored in the Columbia
River; and
WHEREAS, harmful algal blooms may release toxins that pose a risk to human health;
and
WHEREAS, harmful algal blooms and their associated toxins are an emerging risk to
water utilities across the United States, but at present are not regulated by the United States
Environmental Protection Agency or the Washington State Department of Health; and
WHEREAS, it is prudent for the Parties to prepare plans to monitor and respond to the
possible impairment of their potable water supplies by a harmful algal bloom; and
WHEREAS, staff in Richland selected an engineering consultant and to negotiate a scope
of work and budget for this work; and
WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local
governments such as the Parties to this Interlocal to contract for the joint conduct of activities
which each of the Parties is individually authorized to perform.
NOW, THEREFORE, the Parties hereby agree as follows:
Page 32 of 310
2022 Interlocal Cooperation Agreement – Quad-City Harmful Algal Bloom Management Plan Page 2
II. Agreement
Section 1. Purpose
The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between
the Parties to prepare an Algal Bloom Management and Response Plan.
Section 2. Legal Entity
No separate legal or administrative entity is created upon execution of this Interlocal Cooperation
Agreement.
Section 3. Administration
Richland shall award and administer the consultant agreement contemplated under this Interlocal
Cooperation Agreement. The proposed consultant agreement is attached as Exhibit A.
Section 4. Funding and Contributions
Consultant expenses shall be shared between Richland, West Richland, Pasco and Kennewick.
Richland, Kennewick, and Pasco shall contribute an amount equal to 2/7ths of the total consultant
costs for this work. West Richland shall contribute an amount equal to 1/7th of the total consultant
costs for this work. Richland shall issue invoices to West Richland, Pasco, and Kennewick for their
respective share of the expenses. Invoices shall issue no more frequently than monthly. Scope and
budget changes that increase the project budget may only be executed after written authorization
from all four Parties.
Section 5. Property
No real or personal property shall be acquired as a consequence of the execution of this Interlocal
Cooperation Agreement. The Parties shall own and receive at least one copy of the Quad-City Algal
Bloom Management and Response Plan produced as a result of this Agreement.
Section 6. Additional Resources
Richland, Kennewick, Pasco, and West Richland will provide staff support to complete data requests,
meeting and training attendance, and analysis reviews as needed to efficiently administer the plan
preparation.
Section 7. Duration
This Agreement shall expire twelve months after the close-out of the consultant agreement. All
obligations to pay the respective shares, to fund the plan update, shall survive termination of this
Agreement.
Section 8. Termination
Notwithstanding the obligation to pay the respective shares surviving termination in Section 7
above, this Agreement may be partially terminated by a Party’s written notice to the others, which
notice shall be effective 30 days after last received. The remaining Parties may choose to provide
a written modification to this Agreement or continue to operate under this agreement without the
noticing Party.
Section 9. Notices
Written notice shall be directed to the parties as follows:
Page 33 of 310
2022 Interlocal Cooperation Agreement – Quad-City Harmful Algal Bloom Management Plan Page 3
City of Richland
625 Swift Boulevard, MS-26
Richland, WA 99352
Attn: Public Works Director
City of West Richland
3100 Belmont Blvd., Suite 102
West Richland, WA 99353
Attn: Public Works Director
City of Kennewick
210 W. 6th Avenue
Kennewick, WA 99336
Attn: Public Works Director
City of Pasco
525 N. 3rd Avenue
Pasco, WA 99301
Attn: Public Works Director
Section 10. Filing
Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton
County Auditor or posting on each agency’s website after it is fully executed by all Parties.
Section 11. Modification
This Agreement may be amended or modified only in writing, and only with the written consent of
each undersigned party.
Section 12. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or
unenforceable as written, the remainder of this Agreement or the applications of the remainder of
this Agreement shall not be affected. To this end, the terms and conditions of this Agreement are
declared severable.
Section 13. Jurisdiction & Venue
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be
construed, and the legal relations between the Parties hereto shall be determined, in accordance
with the laws of the State of Washington.
Section 14. Waiver
No waiver, by any Party hereto, of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same term
or condition, or any other term or condition of this Agreement.
[Signature Page to Follow]
Page 34 of 310
2022 Interlocal Cooperation Agreement – Quad-City Harmful Algal Bloom Management Plan Page 4
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year
written above.
CITY OF RICHLAND CITY OF KENNEWICK
__________________________________ _______________________________
Jon Amundson, City Manager Bill McKay, Mayor
Attest : Attest:
_________________________________ ________________________________
Jennifer Rogers, City Clerk Terri L. Wright, City Clerk
Approved as to form: Approved as to form:
_______________________________ ________________________________
Heather Kintzley, City Attorney Lisa Beaton, City Attorney
CITY OF WEST RICHLAND CITY OF PASCO
________________________________ _______________________________
Brent Gerry, Mayor Dave Zabell, City Manager
Attest: Attest:
________________________________ _______________________________
Stephanie Haug, City Clerk Debby Barham, City Clerk
Approved as to Form: Approved as to Form:
_________________________________ _______________________________
Bronson Brown, City Attorney Eric Ferguson, City Attorney
Page 35 of 310
1
1/12/2022 1:53:17 PM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\RIC\00-BUSDEV\2022 ALGAL BLOOM MANAGEMENT AND RESPONSE PLAN\CONTRACT\PSA_SOW_ALGAL BLOOM
RESPONSE PLAN.DOCX
EXHIBIT A
Scope of Work
City of Richland
Algal Bloom Management and Response Plan
January 2022
Background
The City of Richland (City) retained RH2 Engineering, Inc., (RH2) to assist in the preparation of an
Algal Bloom Management and Response Plan (Plan) for the Quad Cities (Richland, West Richland,
Pasco and Kennewick, hereinafter “Cities”) following the guidance of DOH’s 331-654 Dealing with
Algal Blooms: Time to Make a Plan and modeled after the Cyanotoxin Monitoring Plan developed by
Eugene Water and Electric Board (EWEB).
As part of the plan, the City would like RH2 to develop background materials that summarize what is
known about cyanobacteria and cyanotoxins in the vicinity, how it impacts the vulnerability of the
drinking water supplies for the four water purveyors and to document what is being done to monitor
and predict algal blooms this upcoming season. The Washington State Department of Health (DOH)
is preparing to do a baseline study in 2022 that includes monitoring raw water supplies at the
Richland Intake for temperature, dissolved oxygen, pH, nutrients, chlorophyll, and phycocyanin.
Benton-Franklin Health District (BFHD) will use an enzyme-linked immunosorbent assay (ELISA)
laboratory procedure to test for microcystins and anatoxin-a. Testing will be done every two weeks
and the Cities participants will collect the samples, deliver them to BFHD and pay for the laboratory
efforts.
The plan will also include a raw and finished water monitoring plan at the intakes and water
treatment plants at Richland, Pasco, and Kennewick that describes sampling procedures, establishes
a sampling schedule, identifies laboratories available, and describes how to use Hazen -Adams
CyanoTOX spreadsheets to manage the bacteria and toxi ns present. DOH plans to obtain funding to
support ELISA testing at King County in the event of a bloom and when the purveyors will need to
operate and respond to the vulnerability depending upon the level of risk.
The plan will also include a crisis communications and a joint and cooperative operational strategy
for the Quad Cities that aligns with the health advisory level identified.
Project Assumptions
The following is a list of assumptions used in preparing this Scope of Work:
• Cities and Agency reviews will be performed and document requests fulfilled in a timely
fashion. RH2 is not responsible for delays attributed to the performance of others.
• RH2 will perform the services outlined in this Scope of Work to the level of effort identified in
the accompanying Fee Estimate.
• Project submittals, contract documents, invoices, and materials will be transmitted between
the project team and the City via email.
Page 36 of 310
City of Richland Exhibit A
Algal Bloom Management and Response Plan Scope of Work
2
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RESPONSE PLAN.DOCX
• All RH2 deliverables will be provided to the Cities in electronic PDF.
• Meetings are assumed to be virtual via Microsoft Teams.
Task 1 – Project Management
Objective: Manage the RH2 project team, files, and records. Monitor the Scope of Work, schedule,
and budget. Prepare and provide monthly invoices with progress reports documenting work
completed. Communicate project progress with the City.
Approach:
Provide direction, coordination, and oversight to the RH2 project team.
Document and retain information generated during the execution of the project.
Prepare monthly invoices and budget status summaries.
RH2 Deliverables:
• Schedule, scope, and budget administration and management.
• Project team and resource management.
• Monthly invoices with progress reporting (electronic copies via email).
• Communication with the City.
Task 2 – Prepare Algal Bloom Management and Response Plan
Objective: Prepare a management and response plan to mitigate bacteria and toxins in the City’s
source water to better protect City supplies.
Approach:
Attend a kickoff meeting with the Cities to review the history of the cyanobacteria detections
in 2021, the impact on operations, and current treatment response. Kickoff meeting will
establish points of contact for each of the Cities for both review and data collection purposes.
Prepare background materials on cyanobacteria and cyanotoxins in Columbia River waters.
Describe the Health Advisory Levels (HAL) at which customers will be at risk and actions will be
required in response to bacteria and toxins being present and match up with other Level 1
through Level 4 emergencies per the Washington State Department of Health (DOH) guidelines.
Describe the vulnerability of the Cities water supplies to cyanobacteria and cyanotoxins and the
water quality parameters that may indicate conditions suitable for algal blooms.
Review the six existing treatment processes at Richland (2), Pasco (2), and Kennewick (2)
vulnerable to cyanobacteria and describe the strengths and weaknesses of each treatment
plant for removing or eliminating cyanobacteria, algae, and cyanotoxins, and identify treatment
adjustments in the event of a bloom.
Page 37 of 310
City of Richland Exhibit A
Algal Bloom Management and Response Plan Scope of Work
3
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RESPONSE PLAN.DOCX
Describe potential capital improvements needed to optimize existing tre atment and identify
additional needs.
Meet with Cities to review and discuss the draft treatment response plan . Review Cities
comments and finalize the treatment response plan.
Document the current multi-jurisdictional efforts and pilot studies being planned for source
water observation and monitoring. Identify holes in the pilot study that are recommended by
DOH’s 331-654 Dealing with Algal Blooms: Time to Make a Plan, but are not currently being
planned for implementation. Prepare a Cities-based supplement source water observations and
monitoring plan.
Prepare a raw and finished water monitoring plan at the intakes and water treatment plants
that describes sampling procedures, establishes a sampling schedule, identifies laboratories
available, and describes how to use Hazen-Adams CyanoTOX spreadsheets to manage the
bacteria and toxins present.
Meet with Cities staff to review and discuss the monitoring plans. Review Cities comments and
finalize the monitoring plans.
Prepare HAL-based public notice templates to use for customer communications. Meet with
Cities staff to develop a draft communications plan for crisis management if a “do not drink”
health advisory is required. Coordinate the management and communications plan s with the
other Cities approach to emergency response in order to provide coordinated responses to the
public. Finalize plan based upon Cities comments.
Compile a final Algal Bloom Management and Response Plan. Append the Plan with contact
lists, references, resources, and sampling and handling procedures.
Assumptions:
• The Plan will be modeled after Eugene Water and Electric Board’s (EWEB) Cyanotoxin
Monitoring Plan, which will be modified to be in compliance with DOH 331-654.
• A kickoff and up to three review meetings with the Cities are planned. Agendas and minutes
will be prepared and distributed electronically by RH2.
Provided by Cities:
• Description, list, or block diagram of existing water treatment processes.
• As-built drawings of the treatment facilities site plan and mechanical layout.
• List of monitoring locations for cyanobacteria bloom indicators.
• EWEB Cyanotoxin Monitoring Plan. (Provided)
RH2 Deliverables:
• Draft treatment response plan with final included in overall Plan.
Page 38 of 310
City of Richland Exhibit A
Algal Bloom Management and Response Plan Scope of Work
4
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RESPONSE PLAN.DOCX
• Draft Cities-based supplement source water observations and monitoring plan with final
included in overall Plan.
• Draft raw and finished water monitoring plan with final included in overall Plan.
• HAL-based public notices to use for customer communications in Word format for copying
onto Cities letterheads.
• Draft communications plan with final included in overall Plan.
• Draft and final Algal Bloom Management and Response Plan.
Schedule
It is anticipated that Task 2 will begin within two (2) weeks of a signed authorization and will require
up to eight (8) weeks to complete a draft plan with an additional six (6) weeks to finalize the plan
once Cities comments have been received.
Page 39 of 310
EXHIBIT B
Fee Estimate
City of Richland
Algal Bloom Management and Response Plan
Jan-22
Description Total
Hours Total Labor Total Expense Total Cost
Classification
Task 1 Project Management 36 7,586$ 343$ 7,929$
Task 2 Prepare Algal Bloom Management and Response Plan 360 66,390$ 4,119$ 70,509$
PROJECT TOTAL 396 73,976$ 4,462$ 78,438$
\\corp.rh2.com\projects\Project\Data\RIC\00-BusDev\2022 Algal Bloom Management and Response Plan\Contract\PSA_FEE_Algal Bloom Response Plan 1/12/2022 1:55 PMPage 40 of 310
RATE LIST RATE UNIT
Professional I $153 $/hr
Professional II $166 $/hr
Professional III $182 $/hr
Professional IV $198 $/hr
Professional V $210 $/hr
Professional VI $227 $/hr
Professional VII $241 $/hr
Professional VIII $252 $/hr
Professional IX $252 $/hr
Control Specialist I $138 $/hr
Control Specialist II $149 $/hr
Control Specialist III $164 $/hr
Control Specialist IV $180 $/hr
Control Specialist V $190 $/hr
Control Specialist VI $205 $/hr
Control Specialist VII $218 $/hr
Control Specialist VIII $229 $/hr
Technician I $114 $/hr
Technician II $126 $/hr
Technician III $144 $/hr
Technician IV $155 $/hr
Technician V $168 $/hr
Technician VI $184 $/hr
Technician VII $200 $/hr
Technician VIII $209 $/hr
Administrative I $76 $/hr
Administrative II $89 $/hr
Administrative III $105 $/hr
Administrative IV $126 $/hr
Administrative V $147 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50%% of Direct Labor
Mileage $0.560
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
EXHIBIT C
RH2 ENGINEERING, INC.
2022 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually. Page 41 of 310
AGENDA REPORT
FOR: City Council January 25, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Bid Award for West Pasco Water Treatment Plant
Improvements (Phase 1)
I. REFERENCE(S):
Resolution
Vicinity Map
Recommendation of Award and Bid Tabulations
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, awarding Bid No. 16008
for the West Pasco Water Treatment Plant Improvements Phase 1 project to
Apollo, Inc. of Pasco, Washington, and further, authorize the City Manager to
execute the Contract documents and allowing all necessary budget adjustments.
III. FISCAL IMPACT:
Contract Total $8,411,830.20
Drinking Water State Revolving Fund low-interest loan in the amount of $5M
(2021 award by Department of Health) and local funds (water rates/ARPA
FUNDS).
Construction costs are higher than estimated at the time the 2022 budget was
developed, which impacts the planned project budget. Budget authorization is
on the fund level, so a budget amendment is not required, however staff will
need to coordinate closely on cash flow and funding availability to support
completion of this critical project and others relying on the same fund.
IV. HISTORY AND FACTS BRIEF:
Design, permitting, and final costs estimates for this project were completed in
late 2021. Phase 1 project consists of the first set of improvements to expand
Page 42 of 310
the production capacity of the West Pasco Water Treatment Plant (WPWTP)
from 6 million gallons per day (MGD) to a 12 MGD, through the installation of
membrane treatment units and ancillary equipment, installation of a new process
residuals system involving a clarifier and new residuals pump station building,
SCADA system upgrades, and other plant improvements.
A Phase 2 project for this facility is currently under design and expected to be
bid later in 2022.
The improvements at this facility provide cost effective resiliency for the City’s
water system as the main water treatment facility (Butterfield WTP) is aging and
will be undergoing planned and extensive improvements in the coming years.
Increasing treatment capacity at WPWTP provides for additional supply to meet
our current and future potable water demands, as well as provide much needed
supply redundancy for existing water customers. With the planned
improvements to the Butterfield plant on the near-horizon, there is some urgency
for completion the Phase I and II improvements.
V. DISCUSSION:
The project was advertised for bids on November 8, 2021. On January 13, 2022
bids were publicly opened. A total of four (4) bids were received.
The lowest responsible, responsive bidder is Apollo, Inc. of Pasco, WA in the
amount of $8,411,830.20. The recent Engineer's Estimate is $8,382,834.00. The
bid is just $30K (equivalent to 0.35%) above the Engineer’s Estimate.
The Engineer of Record, RH2, and City staff completed the review of the bid
submittal and found no exemptions or irregularities.
This item was discussed at the January 24, 2022 Workshop meeting. Staff
recommends award of the contract to Apollo, Inc. of Pasco, WA.
Page 43 of 310
Resolution – Bid Award for the WPWTP Improvements, Phase 1 Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 16008 FOR THE WEST PASCO
WATER TREATMENT PLANT IMPROVEMENTS PHASE 1 PROJECT TO
APOLLO, INC. OF PASCO, WASHINGTON, AND FURTHER, AUTHORIZE
THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND
ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS.
WHEREAS, the City of Pasco has an identified capital improvement public works project
described as the West Pasco Water Treatment Plant (WPWTP) Improvements, Phase 1 Project;
and
WHEREAS, this project involves installation of membrane treatment units and ancillary
equipment to expand treatment plant capacity from 6 MGD to 12 MGD, installation of a new
process residuals system involving a clarifier and new residuals pump station building, SCADA
system upgrades, and other plant improvements; and
WHEREAS, the City solicited sealed public bids for this project, identified as the WPWTP
Improvements, Phase 1 Project; and
WHEREAS, on January 13, 2022, at 2:00 p.m., four (4) bids were received and opened by
the City; and
WHEREAS, the lowest responsive bidder was Apollo, Inc. with a bid of $8,411,830.20,
the Engineer’s Estimate was $8,382,834.00; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the WPWTP Improvements, Phase 1 Project to Apollo, Inc.
of Pasco, Washington in the amount of $8,411,830.20, including Washington State Sales Tax; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 44 of 310
Resolution – Bid Award for the WPWTP Improvements, Phase 1 Project - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of February,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 45 of 310
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RH2 ENGINEERING
Richland
114 Columbia Point Drive, Suite C
Richland, WA 99352
1.800.720.8052 / rh2.com
01/19/22 9:02 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\20-0062\50 SDB\RECOMMENDATION OF AWARD - WPWTP
IMPROVEMENTS.DOCX
WASHINGTON
LOCATIONS
Bellingham
Bothell (Corporate)
East Wenatchee
Issaquah
Richland
Tacoma
OREGON
LOCATIONS
Medford
Portland
IDAHO
LOCATIONS
Meridian
January 19, 2022
Ms. Maria Serra
City of Pasco
525 N. Third Avenue
Second Floor
Pasco, WA 99301
Sent via: Email
Subject: Recommendation of Bid Award
West Pasco Water Treatment Plant Phase 1 Improvements
Dear Ms. Serra:
The bids for the West Pasco Water Treatment Plant Phase 1 Improvements
project were opened at the City of Pasco City Hall on January 13, 2022, at
2:00 p.m. Of the four (4) bids received, Apollo, Inc., (Apollo) submitted the
lowest bid.
The bids for this project are as follows, and a complete tabulation of the bids is
attached for your records.
Apollo, Inc. $8,411,830
Strider Construction $8,845,470
McClure & Sons, Inc. $9,497,613
Clearwater Construction $9,590,473
Engineer’s Estimate $8,383,000
RH2 Engineering, Inc., (RH2) reviewed the bid proposals and compiled the bid
tabulation. RH2 confirmed that the documentation submitted by Apollo is
responsive and in accordance with the bid specifications. Based on this review,
RH2 recommends that Apollo be awarded the contract for this project.
If you have any questions regarding this recommendation, please feel free to
contact me at (425) 951-5456.
Page 47 of 310
01/19/22 9:02 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\PSC\20-0062\50 SDB\RECOMMENDATION OF AWARD - WPWTP IMPROVEMENTS.DOCX
MS. SERRA
January 19, 2022
" с
Sincerely,
Barney Santiago, PE
Project Engineer
BS/fs
Attachments: Bid Tabulation
Page 48 of 310
ŝƚLJŽĨWĂƐĐŽtĞƐƚWĂƐĐŽtĂƚĞƌdƌĞĂƚŵĞŶƚWůĂŶƚ/ŵƉƌŽǀĞŵĞŶƚƐŝĚdĂďƵůĂƚŝŽŶZ,Ϯ ŶŐŝŶĞĞƌŝŶŐ͕/ŶĐ͘Z,ϮWƌŽũĞĐƚEƵŵďĞƌ͗ϮϬͲϬϬϲϮŝĚKƉĞŶŝŶŐϭͬϭϯͬϮϬϮϮĂƚϮ͗ϬϬWD/ƚĞŵ ĞƐĐƌŝƉƚŝŽŶYƵĂŶƚŝƚLJhŶŝƚ hŶŝƚWƌŝĐĞdŽƚĂůhŶŝƚWƌŝĐĞ dŽƚĂů hŶŝƚWƌŝĐĞ dŽƚĂů hŶŝƚWƌŝĐĞ dŽƚĂů hŶŝƚWƌŝĐĞ dŽƚĂůϭ DŽďŝůŝnjĂƚŝŽŶ ϭ >^ ΨϱϬϱ͕ϬϬϬ͘ϬϬ ΨϱϬϱ͕ϬϬϬ͘ϬϬ ϱϴϭ͕ϬϬϬ͘ϬϬΨ ϱϴϭ͕ϬϬϬ͘ϬϬΨ ϴϬϬ͕ϬϬϬ͘ϬϬΨ ϴϬϬ͕ϬϬϬ͘ϬϬΨ ϰϳϱ͕ϬϬϬ͘ϬϬΨ ϰϳϱ͕ϬϬϬ͘ϬϬΨ ϲϰϭ͕ϰϱϯ͘ϬϬΨ ϲϰϭ͕ϰϱϯ͘ϬϬΨϮ dƌĞŶĐŚ^ĂĨĞƚLJĂŶĚ^ŚŽƌŝŶŐϭ >^ Ψϭϰ͕ϬϬϬ͘ϬϬ Ψϭϰ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬΨ ϭϬ͕ϬϬϬ͘ϬϬΨ ϰϬ͕ϬϬϬ͘ϬϬΨ ϰϬ͕ϬϬϬ͘ϬϬΨ Ϯϱ͕ϬϬϬ͘ϬϬΨ Ϯϱ͕ϬϬϬ͘ϬϬΨ ϯ͕ϵϬϬ͘ϬϬΨ ϯ͕ϵϬϬ͘ϬϬΨϯ ^ŝƚĞtŽƌŬ ϭ >^ Ψϯϵϭ͕ϬϬϬ͘ϬϬ Ψϯϵϭ͕ϬϬϬ͘ϬϬ ϲϯϮ͕ϳϬϬ͘ϬϬΨ ϲϯϮ͕ϳϬϬ͘ϬϬΨ ϮϬϬ͕ϬϬϬ͘ϬϬΨ ϮϬϬ͕ϬϬϬ͘ϬϬΨ ϳϱϬ͕ϬϬϬ͘ϬϬΨ ϳϱϬ͕ϬϬϬ͘ϬϬΨ ϱϳϰ͕ϵϬϬ͘ϬϬΨ ϱϳϰ͕ϵϬϬ͘ϬϬΨϰ ^ŝƚĞhƚŝůŝƚŝĞƐ ϭ >^ ΨϱϱϬ͕ϬϬϬ͘ϬϬ ΨϱϱϬ͕ϬϬϬ͘ϬϬ ϱϯϵ͕ϬϬϬ͘ϬϬΨ ϱϯϵ͕ϬϬϬ͘ϬϬΨ ϲϱϬ͕ϬϬϬ͘ϬϬΨ ϲϱϬ͕ϬϬϬ͘ϬϬΨ ϵϮϱ͕ϬϬϬ͘ϬϬΨ ϵϮϱ͕ϬϬϬ͘ϬϬΨ ϭ͕ϳϵϰ͕ϵϬϬ͘ϬϬΨ ϭ͕ϳϵϰ͕ϵϬϬ͘ϬϬΨϱ ^ƚƌƵĐƚƵƌĂůͲtWtdW,ŽŝƐƚĂŶĚĐĐĞƐƐ^LJƐƚĞŵƐ ϭ >^ Ψϭϯϲ͕ϬϬϬ͘ϬϬ Ψϭϯϲ͕ϬϬϬ͘ϬϬ ϭϬϱ͕ϬϬϬ͘ϬϬΨ ϭϬϱ͕ϬϬϬ͘ϬϬΨ ϭϳϬ͕ϬϬϬ͘ϬϬΨ ϭϳϬ͕ϬϬϬ͘ϬϬΨ ϱϬ͕ϬϬϬ͘ϬϬΨ ϱϬ͕ϬϬϬ͘ϬϬΨ Ϯϱϯ͕ϵϬϬ͘ϬϬΨ Ϯϱϯ͕ϵϬϬ͘ϬϬΨϲ ^ƚƌƵĐƚƵƌĂůͲ ƋƵĂůŝnjĂƚŝŽŶĂŶĚ&ůŽĐĐƵůĂƚŝŽŶĂƐŝŶ ϭ >^ Ψϭϳϱ͕ϬϬϬ͘ϬϬΨϭϳϱ͕ϬϬϬ͘ϬϬ ϮϮϮ͕ϬϬϬ͘ϬϬΨ ϮϮϮ͕ϬϬϬ͘ϬϬΨ ϮϲϬ͕ϬϬϬ͘ϬϬΨ ϮϲϬ͕ϬϬϬ͘ϬϬΨ ϭϮϱ͕ϬϬϬ͘ϬϬΨ ϭϮϱ͕ϬϬϬ͘ϬϬΨ ϮϬϳ͕ϯϬϬ͘ϬϬΨ ϮϬϳ͕ϯϬϬ͘ϬϬΨϳ ^ƚƌƵĐƚƵƌĂůͲůĂƌŝĨŝĞƌ ϭ >^ ΨϱϬϱ͕ϬϬϬ͘ϬϬ ΨϱϬϱ͕ϬϬϬ͘ϬϬ ϰϭϮ͕ϬϬϬ͘ϬϬΨ ϰϭϮ͕ϬϬϬ͘ϬϬΨ ϲϭϱ͕ϬϬϬ͘ϬϬΨ ϲϭϱ͕ϬϬϬ͘ϬϬΨ ϯϲϬ͕ϬϬϬ͘ϬϬΨ ϯϲϬ͕ϬϬϬ͘ϬϬΨ ϯϵϲ͕ϳϬϬ͘ϬϬΨ ϯϵϲ͕ϳϬϬ͘ϬϬΨϴ ^ƚƌƵĐƚƵƌĂůͲWƌŽĐĞƐƐZĞƐŝĚƵĂůƐWƵŵƉ^ƚĂƚŝŽŶ ϭ >^ ΨϲϮϳ͕ϬϬϬ͘ϬϬ ΨϲϮϳ͕ϬϬϬ͘ϬϬ ϯϭϬ͕ϬϬϬ͘ϬϬΨ ϯϭϬ͕ϬϬϬ͘ϬϬΨ ϰϱϬ͕ϬϬϬ͘ϬϬΨ ϰϱϬ͕ϬϬϬ͘ϬϬΨ ϲϬϬ͕ϬϬϬ͘ϬϬΨ ϲϬϬ͕ϬϬϬ͘ϬϬΨ ϱϰϵ͕ϱϬϬ͘ϬϬΨ ϱϰϵ͕ϱϬϬ͘ϬϬΨϵ &ŝŶŝƐŚĞƐ ϭ >^ Ψϱϴ͕ϬϬϬ͘ϬϬ Ψϱϴ͕ϬϬϬ͘ϬϬ Ϯϵϴ͕ϬϬϬ͘ϬϬΨ Ϯϵϴ͕ϬϬϬ͘ϬϬΨ Ϯϭϱ͕ϬϬϬ͘ϬϬΨ Ϯϭϱ͕ϬϬϬ͘ϬϬΨ ϮϬϬ͕ϬϬϬ͘ϬϬΨ ϮϬϬ͕ϬϬϬ͘ϬϬΨ ϮϲϮ͕ϱϬϬ͘ϬϬΨ ϮϲϮ͕ϱϬϬ͘ϬϬΨϭϬ DĞĐŚĂŶŝĐĂůͲtWtdWŚĞŵŝĐĂů^LJƐƚĞŵhƉŐƌĂĚĞƐ ϭ >^ Ψϯϴ͕ϬϬϬ͘ϬϬ Ψϯϴ͕ϬϬϬ͘ϬϬ ϭϭϮ͕ϬϬϬ͘ϬϬΨ ϭϭϮ͕ϬϬϬ͘ϬϬΨ ϭϰϬ͕ϬϬϬ͘ϬϬΨ ϭϰϬ͕ϬϬϬ͘ϬϬΨ ϮϮϱ͕ϬϬϬ͘ϬϬΨ ϮϮϱ͕ϬϬϬ͘ϬϬΨ ϭϮϳ͕ϬϬϬ͘ϬϬΨ ϭϮϳ͕ϬϬϬ͘ϬϬΨϭϭ DĞĐŚĂŶŝĐĂůͲWĂůůtĂƚĞƌDĞŵďƌĂŶĞ^LJƐƚĞŵWĂĐŬĂŐĞϭ >^ Ψϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬ Ψϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬ Ψϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬ ϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬΨ Ψϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬ ϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬΨ Ψϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬ ϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬΨ Ψϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬ ϭ͕ϵϱϬ͕ϬϬϬ͘ϬϬΨϭϮ DĞĐŚĂŶŝĐĂůͲtWtdW/ŵƉƌŽǀĞŵĞŶƚƐ ϭ >^ ΨϲϰϬ͕ϬϬϬ͘ϬϬ ΨϲϰϬ͕ϬϬϬ͘ϬϬ ϳϮϱ͕ϬϬϬ͘ϬϬΨ ϳϮϱ͕ϬϬϬ͘ϬϬΨ ϳϱϬ͕ϬϬϬ͘ϬϬΨ ϳϱϬ͕ϬϬϬ͘ϬϬΨ ϵϮϬ͕ϬϬϬ͘ϬϬΨ ϵϮϬ͕ϬϬϬ͘ϬϬΨ Ϯϲϴ͕ϳϯϮ͘ϬϬΨ Ϯϲϴ͕ϳϯϮ͘ϬϬΨϭϯ DĞĐŚĂŶŝĐĂůͲ YĂƐŝŶ͕ůĂƌŝĨŝĞƌ͕ĂŶĚƉƉƵƌƚĞŶĂŶĐĞƐϭ >^ Ψϰϭϳ͕ϬϬϬ͘ϬϬ Ψϰϭϳ͕ϬϬϬ͘ϬϬ ϱϯϴ͕ϬϬϬ͘ϬϬΨ ϱϯϴ͕ϬϬϬ͘ϬϬΨ ϲϱϬ͕ϬϬϬ͘ϬϬΨ ϲϱϬ͕ϬϬϬ͘ϬϬΨ ϳϬϬ͕ϬϬϬ͘ϬϬΨ ϳϬϬ͕ϬϬϬ͘ϬϬΨ ϰϵϱ͕ϯϬϬ͘ϬϬΨ ϰϵϱ͕ϯϬϬ͘ϬϬΨϭϰ DĞĐŚĂŶŝĐĂůͲWƌŽĐĞƐƐZĞƐŝĚƵĂůƐWƵŵƉ^ƚĂƚŝŽŶ ϭ >^ Ψϰϯϲ͕ϬϬϬ͘ϬϬ Ψϰϯϲ͕ϬϬϬ͘ϬϬ ϰϬϲ͕ϬϬϬ͘ϬϬΨ ϰϬϲ͕ϬϬϬ͘ϬϬΨ ϯϱϬ͕ϬϬϬ͘ϬϬΨ ϯϱϬ͕ϬϬϬ͘ϬϬΨ ϱϰϬ͕ϬϬϬ͘ϬϬΨ ϱϰϬ͕ϬϬϬ͘ϬϬΨ ϯϱϲ͕ϵϬϬ͘ϬϬΨ ϯϱϲ͕ϵϬϬ͘ϬϬΨϭϱ ůĞĐƚƌŝĐĂů ϭ >^ Ψϵϭϱ͕ϬϬϬ͘ϬϬ Ψϵϭϱ͕ϬϬϬ͘ϬϬ ϰϬϳ͕ϬϬϬ͘ϬϬΨ ϰϬϳ͕ϬϬϬ͘ϬϬΨ ϯϳϱ͕ϬϬϬ͘ϬϬΨ ϯϳϱ͕ϬϬϬ͘ϬϬΨ ϰϰϬ͕ϱϬϬ͘ϬϬΨ ϰϰϬ͕ϱϬϬ͘ϬϬΨ ϯϳϲ͕ϱϬϬ͘ϬϬΨ ϯϳϲ͕ϱϬϬ͘ϬϬΨϭϲ dĞůĞŵĞƚƌLJĂŶĚƵƚŽŵĂƚŝĐŽŶƚƌŽů ϭ >^ ΨϮϴϮ͕ϬϬϬ͘ϬϬ ΨϮϴϮ͕ϬϬϬ͘ϬϬ ϰϭϴ͕ϬϬϬ͘ϬϬΨ ϰϭϴ͕ϬϬϬ͘ϬϬΨ ϰϱϬ͕ϬϬϬ͘ϬϬΨ ϰϱϬ͕ϬϬϬ͘ϬϬΨ ϯϴϬ͕ϬϬϬ͘ϬϬΨ ϯϴϬ͕ϬϬϬ͘ϬϬΨ ϰϵϭ͕ϱϮϭ͘ϬϬΨ ϰϵϭ͕ϱϮϭ͘ϬϬΨϭϳ ŽŶƐƚƌƵĐƚŝŽŶZĞĐŽƌĚƐĂŶĚKΘDDĂŶƵĂůƐϭ >^ ΨϭϬ͕ϬϬϬ͘ϬϬ ΨϭϬ͕ϬϬϬ͘ϬϬ ΨϭϬ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬΨ ΨϭϬ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬΨ ΨϭϬ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬΨ ΨϭϬ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬΨϭϴ dĞƐƚŝŶŐ͕^ƚĂƌƚƵƉ͕ĂŶĚdƌĂŝŶŝŶŐ ϭ >^ ΨϮϬ͕ϬϬϬ͘ϬϬ ΨϮϬ͕ϬϬϬ͘ϬϬ ΨϮϬ͕ϬϬϬ͘ϬϬ ϮϬ͕ϬϬϬ͘ϬϬΨ ΨϮϬ͕ϬϬϬ͘ϬϬ ϮϬ͕ϬϬϬ͘ϬϬΨ ΨϮϬ͕ϬϬϬ͘ϬϬ ϮϬ͕ϬϬϬ͘ϬϬΨ ΨϮϬ͕ϬϬϬ͘ϬϬ ϮϬ͕ϬϬϬ͘ϬϬΨϭϵ DŝŶŽƌŚĂŶŐĞ ϭ >^ ΨϱϬ͕ϬϬϬ͘ϬϬ ΨϱϬ͕ϬϬϬ͘ϬϬ ΨϱϬ͕ϬϬϬ͘ϬϬ ϱϬ͕ϬϬϬ͘ϬϬΨ ΨϱϬ͕ϬϬϬ͘ϬϬ ϱϬ͕ϬϬϬ͘ϬϬΨ ΨϱϬ͕ϬϬϬ͘ϬϬ ϱϬ͕ϬϬϬ͘ϬϬΨ ΨϱϬ͕ϬϬϬ͘ϬϬ ϱϬ͕ϬϬϬ͘ϬϬΨ^ƵďƚŽƚĂůŽƐƚΨϳ͕ϳϭϵ͕ϬϬϬ Ψϳ͕ϳϰϱ͕ϳϬϬ Ψϴ͕ϭϰϱ͕ϬϬϬ Ψϴ͕ϳϰϱ͕ϱϬϬ Ψϴ͕ϴϯϭ͕ϬϬϲϴ͘ϲй Ψϲϲϯ͕ϵϬϬ͘ϬϬ Ψϲϲϲ͕ϭϯϬ͘ϮϬ ΨϳϬϬ͕ϰϳϬ͘ϬϬ ΨϳϱϮ͕ϭϭϯ͘ϬϬ Ψϳϱϵ͕ϰϲϲ͘ϱϮΨϴ͕ϯϴϯ͕ϬϬϬ͘ϬϬΨϴ͕ϰϭϭ͕ϴϯϬ͘ϮϬΨϴ͕ϴϰϱ͕ϰϳϬ͘ϬϬΨϵ͕ϰϵϳ͕ϲϭϯ͘ϬϬΨϵ͕ϱϵϬ͕ϰϳϮ͘ϱϮDĐůƵƌĞΘ^ŽŶƐ ůĞĂƌǁĂƚĞƌŽŶƐƚƌƵĐƚŝŽŶ^ĂůĞƐdĂdžtdW/ŵƉƌŽǀĞŵĞŶƚƐdŽƚĂůŽŶƐƚƌƵĐƚŝŽŶŽƐƚ ŶŐŝŶĞĞƌΖƐ ƐƚŝŵĂƚĞ ƉŽůůŽ ^ƚƌŝĚĞƌŽŶƐƚƌƵĐƚŝŽŶ- ?'DWD?36&??6'%?%LGV?:3:73,PSURYHPHQWV%LG7DE[OV[ 6XPPDU\3DJHRIPage 49 of 310
AGENDA REPORT
FOR: City Council February 2, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing & Ordinance for SG Land Management LLC/Harris Road
Annexation (ANX 2020-001)
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 $318,000 to the assessed value of the City, exp ansion of
medium-density residential development and the commensurate responsibility
of providing government services to development.
IV. HISTORY AND FACTS BRIEF:
On May 18, 2020, the City Council passed Resolution No. 3961 accepting a
"Notice and Intent" to commence annexation proceedings for the SG Land
Management LLC/Harris Road Annexation. 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 50 of 310
In this case, the Notice of Intent contains the signatures of owners representing
100 percent of the assessed value within the proposed annexation area, 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.
City Council also reviewed this proposed annexation at the Workshop Meeting
of January 24, 2022.
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 bonded
indebtedness.
3. The annexation area will be assigned to City Council District No. 5.
The Hearing Examiner conducted a zoning determination hearing for the
proposed annexation area on July 14, 2021 and recommended the area be
zoned R-3 (Medium-Density Residential). That recommendation will come to
Council as a quasi-judicial item (on this agenda) following a decision on this
proposed annexation.
Staff recommends Council approval of the annexation ordinance.
Page 51 of 310
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HARRIS Rd CHAPEL HILL Blvd
CRESCENT RdHARRIS RdI-182 EI-182 W
Benton County WA, Pasco GIS, Maxar
0 710 1,400 2,100 2,800360
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0 710 1,400 2,100 2,800360
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Overview
Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
Page 52 of 310
Ordinance - Harris Road Annexation ANX 2020-001 - 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, meeting the requirements
of RCW 35A.14.120; and
WHEREAS, a public meeting on the proposed annexation application was held on May
18, 2020, wherein City Council passed Resolution No. 3961, accepting the intent to annex,
determining the property will be required to assume all proportionate bonded indebtedness,
determining that simultaneous zoning will not be required, and determining the property to be
annexed as set forth in Section 1 below (Property); 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 has been
determined to be sufficient by the Franklin County Assessor on September 13, 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 was held on February 7, 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.
Page 53 of 310
Ordinance - Harris Road Annexation ANX 2020-001 - 2
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:
That portion of the Northwest quarter of Section 18, Township 9 North, Range 29
East, W.M. and the Northeast quarter of Section 13, Township 9 North, Range 28
East, W.M., described as follows:
Commencing at the Northwest corner of said Section 18; Thence South 0°19’39”
West along the West line of said Section 40 feet to the Southerly right of way line
of Harris Road; Thence North 89°38’39” East along said right of way line 177.98
feet to the Northwest corner of Parcel “A” as shown on that Record of Survey
recorded in Book 3 of Surveys, Page 992, records of Franklin County, Washington,
and the Point of Beginning; Thence South 89°55’20” East along the North line of
Parcel “A” and Parcel “B” of said Survey 882.75 feet; Thence South 1°20’30” West
437.43 feet; Thence South 89°59’51” East 686.68 feet to the Easterly line of said
Parcel “B”; Thence South 3°04’35” East 216.66 feet to the Northwesterly right of
way line of State Route 182; Thence Southwesterly along said right of way line to
the intersection of the Northerly right of way line of Court Street; Thence
Southwesterly perpendicular to the Southerly right of way line of said Court Street
to a point on said Southerly right of way line; Thence Northwesterly along said
right of way line to the Easterly line of that portion of said Parcel “A” lying
Southerly of said Court Street; Thence South 87°50’12” West along said Easterly
line 19.06 feet; Thence South 35°08’12” West along said Easterly line 170.80 feet
to the most Southerly corner of said Parcel “A”; Thence North 55°07’35” West
along the Southerly line of said Parcel “A” 154.46 feet to the Southwest corner of
said Parcel “A”; Thence North 0°21’56” East along the Westerly line of said Parcel
“A” 288.77 feet to the Northerly right of way line of said Court Street; Thence
Northwesterly along said right of way line to the most Westerly corner of said
Parcel “A”; Thence North 21°47’33” East 82.11 feet; Thence North 74°31’02” East
185.00 feet; Thence North 0°19’30” East 1074.27 feet to the Point of Beginning;
(Franklin County Assessor’s Parcels 118180068 and 118180139)
Situated in Franklin County, Washington.
Together with and subject to Easements, Reservations, Covenants, and Restrictions, 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.
Page 54 of 310
Ordinance - Harris Road Annexation ANX 2020-001 - 3
Section 3. That said tract of land shall be required to 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. 5.
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 ___ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ________________________
Page 55 of 310
EXHIBIT "A"Page 56 of 310
PETITION FOR ANNEXATION TO THE CITY OF PASCO
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
The undersigned, being the owners of not less than fifty percent (50%), in value,
according to the assessed valuation for general taxation, of the real property described in
Exhibit "1" 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 "1," attached hereto.
WHEREFORE, the undersigA,ed respectively petition the Honorable City Council and
ask:
a)That appropriate action be taken to entertain this petition, fixing a date for a
public 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 that
such 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 assume any existing indebtedness but 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. 3961 as recorded in the May 18, 2020 Council minutes of the City of Pasco,
Washington.
This Petition is accompanied by a diagram, as attached hereto as Exhibit "2" which
outlines the boundaries of the property sought to be annexed.
1
Page 57 of 310
Page 58 of 310
Page 59 of 310
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.
PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "1" and
"2", with (2) assumption of indebtedness of the City of Pasco but without (3) simultaneous
adoption of the City of Pasco Zoning Regulations.
OWNER'S SIGNATURE PRINT NAME/ADDRESS DATE SIGNED
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
2 Page 60 of 310
SURIIEYOR'S NARRAIIYf· l000( RECORD SURVEY
�� !iii� 1,1
FOR BOUNDARY LINE ADJUSTMENT
IN THE NW 1/4, SEC. 18, TOWNSHIP 9 NORTH, RANGE 29 EAST. & IN THE NE 1/4, SEC. 13, TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M. FRANKLIN COUNTY, WASHINGTON
f)I), 2" WA9i. DOT. POSITlON CX>WPIJTf.D / :�MO:.PE� HNI. �
FRON :MM:'Y 159& /
/
/ /
�1fr I I I
NOT F'OUNO THIS SURYEY X /
...-1!'.�'.1'2.'17.11.:__ 12, ___________ ..!:f!,l?R§._R�P, _____ j ______ �,0•2 n_2040�•---·--··--·-··-··-··-··---·-./-13 18 SM'55'20"E SM"55'20"'E: _ -/ 19 us •n.od 405.75· - - - - - - -/ IDT 1 �·22-w 175.12' /
1•-200' -+-
111I III l I I I� I �'1' 18 I I I, I , I l \ I I
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S.P.f 2010-13 savsa·�-w J09,32"
t.ar 2, SHORT Pl.AT f2010-13
SM"st'51 "E 886.88'
30· UTILITY [SM�. 111, A.F.f1enoo• I I
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u S29"48'08-W 00.27
/
/ / PARCQ.. 1, R.OS. '598 / NOT A PMT Of THIS SUIM.Y / /
/
/ / / / / /
NOTES:
/ SECTION 13 ltMNSHI' • """"' RANCE 26 EAST W.M. SECTION 18 11lWNSHIP • NORTli RANGE 29 fASf WM. r··,--·-,-··....,.�%�--· ··-r-·7 . I I V.1. � I . · I I I · r--�---L..--¼--�--iI I I � I I : I I I . I I : r--➔--+--l---�--+--l---i : : :. : : :. r--;---r----r--+--;---r----r--i . I I I . I I I I I I I I I L .. ..L .. ...J.... •. ...L.. .. ...L .. ...1... .. ..L .. ...L..,.J
SECTION INDEX
fWi!S Of 81:MNC IS WASHltrtGTON STAT[ Pl.ME <iRO (S01m4 ZONE) IW)_SJ{2011), DA1'\JM M.SEI) ON GNSS 08SERYA1lONS 0� THE OONTROlUNG CORNERS SHOWN HEREON. 1. 0 •DOICJTES SET s;e•,:2,4• REBM: 'Mffl YEllDW PlASTIC C>P STAMPE> � LSfJ0440 2. e -DEHCJTES FWND 5/8" REat.R: PER SURVEY NO. 178 J. • •ODKn'ES f'OUND s;a• REHM STNl!Pm -slRAffl)N" AS SHOWN ON SHORT PUT 2010-13 FND. U.S.A.C.E. BRASS CW STAMPED: SS 22-22 0ELD fOR SECTllN UNE)
',, lJ NOO'J3'22"E 11.3& 4. 0•0ENOTES CALCULATED POSmoN ONLY-CORNER NOT SCT PER SHORT PLAT 2010-13 Oft PU 'THIS SURVEY
CWW.Tot,1• CURVE l£NGTH RADIUS DELTA Qi. BRNG. 010RO C1 164.45 4252.75 2'12"Jr NM'59'24"'W 154.4-4
SURVE YOR'S CERTIFJCATE THIS MN' COAR£CTLY REPRESEN'1S A SU� M.trDE: 8'f ME OR WUR MY DIRECTION ... COHfORW,NCE WfTH THE R£QUIRDIENTS CE 1HE SUfNEY RECORDING N:r AT ll-!E REQUEST OF HMRIS fJIMILY TRUST .. OCTOBER, 2011.
GARY 8. WACN£A PlSf30440
0,1[
200 100
l4 S!Si5'51'f7"E LO S55'51'1TE l4 S21"47"33"W l7 N74"31'02"E
,.. HW3B'3i"E u H87'50'12"E l10 N35'08'12"E l11 S5507'35"E L13 S55'51'18"E ' I"' S0'21'51"W "'-
200 400
SCALEINFID
129.b4
=,11 82.11 185.00 177.H ,. ... 170.80 154.48 203.23 1 .....
000
5. (M) • MfASURED PER MS SlM\C' (RI) • RECORD PER SURVEY #978 S. TI-IS SURVEY DOES NOT PUIIPORT ID SHOW Al..l EASEWMS or RECORD. 7, COURT STRffi RIGHT Of WI« IN SEC110N 18 WAS OCT'ERMINED FROM A flEl.D AS-BUILD Of lME EXISTING CENTERl..JNE WHICH VARIES CONSIOEFW!l.Y FROM & FROM lHE AIJGfMENT SHOWN OM tWtilS SUBDMSK>N. 19. THIS SUIM:Y '-.s PEN'OF.tilED UTUZlHG 'TRIMBI.E MULTI FREQUENCY GNSS REC£NERS CONFIGURED FOR R£AI.. TIME KIHEW.TIC �
AUDITOR'S CERT IFICATE AL£D fOR RECORD THIS __ MY Of ____ _ 20--AT __M. IN ""'-'"" __ OF SURVEYS. AT PN:iE __ AT lH£ REQUEST OF ROGERS SURVEYING.
F'RNOQJN COUNT'r AI.OTOR !iJc��ROGERS -
SURYltYINC INC., P.S,
1466 co.tUDIA pjltl rlU1l, AICIIUJQ, ..... � �<J:.°!>1:l�i�1 YW.r•••w�oom.
Cl.ENT
PROJECT
MH>frOR's FlL.L NUMBER -NONC
HARRIS IJVJNG TRUST
BOUNDARY LINE ADJUSTMENT
PORTION OF SEC. 1 B, T9N., R29E DRN.'1iY 1------G8W I SCALE ,._ 200· I F. ·a.-NO. � I APPR<MD GBW MlE 10 /07 /19 � VER:,1 4�11
JOO 31419
stEET...! � Page 61 of 310
NEW LfGAL DESCR1PTIONS·
FOR BOUNDARY LINE ADJUSTMENT
IN THE NW 1/4, SEC. 18, TOWNSHIP 9 NORTH, RANGE 29 EAST, & IN THE NE 1/4, SEC. 13, TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M. FRANKLIN COUNTY, WASHJNGTON
Al/DITOR'S CERTIFICATE Page 62 of 310
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 .SC--/Jvo p<-,,.J,'e.� llc__, and I am further
authorized to sign other documents including Notices of Intent and Petitions.
Signature
State of Washington
County of f, c.v\..\c,1'
): ss.
)
I /2'3/2.o-Z. 0== Date
I certify that I know or have satisfactory evidence that £t.:\<-< 5 ;,-r.-t.'r-... "'--is the person who appeared
b fore me, and said person acknowledged that�she) signed this instrument, on oath stated that
she) was authorized to execute the instrument and acknowledged it as
____________ of _____________ 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 1..!__ day of 'J "'"'½K':f a� I 2020
NOTARY PUBLIC in and for the State of Washington
Residing at: -�-'--'-'�,....,.__,,_u ________ _
My Commission Expires: i \-'2. C..- '2 I.)
Page 63 of 310
1.Please print your name in addition to signing.
PRINT NAME SIGNATURE ADDRESS DATE
Page 64 of 310
September 13, 2021
FRANKLIN COUNTY ASSESSOR
JOHN A. ROSENAU -ASSESSOR
PIPER MITCHELL -CHIEF DEPUTY
NIKKI MORGAN -CHIEF APPRAISER
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 known as the Harris Rd Project 20191 Annexation Project located and described in Exhibit
"1 Parcels A & B Attached, County Parcels 118180139 & 118180068 is sufficient as far as the percentage of
valuation required for the annexation.
The specific validation is as follows:
VALUE SIGN ATURES
$1,942,800.00 $1,942,800.00
ATTEST:
John A Rosenau
FRANKLIN COUNTY ASSESSOR
PERCENTAGE
100%
Franklin County Assessor
1016 N 4th
Pasco, WA 99301
Phone: 509-545-3506
Fax: 509-546-5840
Email: jrosenau@co. frank/in. wa.us
Page 65 of 310
September 3, 2021
City of Pasco
Harris Annexation
HLA Project No. 20191
Legal Description for Annexation
That portion of the Northwest quarter of Section 18, Township 9 North, Range 29 East, W.M. and the
Northeast quarter of Section 13, Township 9 North, Range 28 East, W.M., described as follows:
Commencing at the Northwest corner of said Secti on 18;
Thence South 0°19'39" West along the West line of said Section 40 feet to the Southerly right of way
line of Harris Road;
Thence North 89°38'39" East along said right of way line 177.98 feet to the Northwest corner of Parcel
"A" as shown on that Record of Survey recorded in Book 3 of Surveys, Page 992, records of Franklin
County, Washington, and the Point of Beginning;
Thence South 89°55'20" East along the North line of Parcel "A" and Parcel "B" of said Survey 882.75
feet;
Thence South 1 °20'30" West 437.43 feet;
Thence South 89°59'51" East 686.68 feet to the Easterly line of said Parcel "B";
Thence South 3°04'35" East 216.66 feet to the Northwesterly right of way line of State Route 182;
Thence Southwesterly along said right of way line to the intersection of the Northerly right of way line of
Court Street;
Thence Southwesterly perpendicular to the Southerly right way line of said Court Street to a point on
said Southerly right of way line;
Thence Northwesterly along said right of way line to the Easterly line of that portion of said Parcel "A"
lying Southerly of said Court Street;
Thence South 87 °50'12" West along said Easterly line 19.06 feet;
Thence South 35°08'12" West along said Easterly line 170.80 feet to the most Southerly corner of said
Parcel "A";
Thence North 55°07'35" West along the Southerly line of said Parcel "A" 154.46 feet to the Southwest
corner of said Parcel "A";
Thence North 0°21'56" East along the Westerly line of said Parcel "A" 288.77 feet to the Northerly right
of way line of said Court Street;
Thence Northwesterly along said right of way line to the most Westerly corner of said Parcel "A";
Thence North 21 °47'33" East 82.11 feet;
Thence North 74 °31'02" East 185.00 feet;
Thence North 0°19'30" East 1074.27 feet to the Point of Beginning;
Situate in Franklin County, Washington.
Page 66 of 310
NW COR, SEC. 1 B, T.9N., R.29E., W.M.EXISTING CITY LIMITS LINE
HARRIS ROAD-----..,____ _____ _
C o<'.u, /�S1. / '-1
/N
/W ♦E O
s
� POINT OF
� BEGINNING
z
LL
250 500
+.._♦HLA � Engineering and Land Surveying, Inc.
2803 River Road
Yakima, WA 98902
509.966.7000 Fax 509.965.3800
www.blaciviLcom
SEPT. 3, 2021
PROJ: 20191
REVIEW: ETH
DRAWN: TDF
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C":,
CITY OF PASCO
"HARRIS ANNEXATION"
CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON Page 67 of 310
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third 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, hereby 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 "1" attached hereto and is
depicted on Exhibit "2" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not later than sixty
days after 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 Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material and is intended by
the signers of this 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 68 of 310
Parcel "A" (APN #118 180 068):
Harris Annexation Legal
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST AND THAT
PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 9 NORTH RANGE 28 EAST, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 00°19'39" WEST, 40.00 FEET
ALONG THE WEST LINE OF SAID SECTION 18 TO A 5/8" REBAR STAMPED "WORLEY" ON THE SOUTHERLY RIGHT OF
WAY OF HARRIS ROAD; THENCE NORTH 89°38'39" EAST, 177.98 FEET ALONG SAID RIGHT OF WAY TO A5/8" REBAR
STAMPED "WORLEY" AND THE TRUE POINT OF BEGINNING: (SAID CORNER BEING THE NORTHEAST CORNER OF
PARCEL 1 OF RECORD SURVEY NO. 978 RECORDED IN AUDITOR'S FILE NO. 1686716, RECORDS OF FRANKLIN
COUNTY); THENCE SOUTH 89°55'20" EAST, 477.00 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 00°19'30"
WEST, 1021.10 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL; THENCE SOUTH 34°08'44" WEST, 532.53 FEET
TO THE NORTHERLY RIGHT OF WAY OF COURT STREET; THENCE NORTH 55°51'17" WEST, 467.81 FEET ALONG SAID
RIGHT OF WAY TO A 5/8" REBAR STAMPED "WORLEY" MARKING THE MOST SOUTHERLY CORNER OF SAID PARCEL 1
AFOREMENTIONED; THENCE NORTH 21°47'33" EAST, 82.11 FEET ALONG THE EASTERLY LINE OF SAID PARCEL TO A
5/8" REBAR ON THE WEST LINE OF SAID SECTION 18; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH
74°31'02" EAST, 185.00 FEET; THENCE NORTH 00'19'30" EAST, 1074.27 FEET ALONG SAID EAST LINE OF SAID PARCEL
TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID NORTHWEST QUARTER OF SECTION 18, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 00 °19'39" WEST, 1162.58 FEET
ALONG THE WEST LINE THEREOF TO A 5/8" REBAR MARKING AN ANGLE POINT IN THE EASTERLY LINE THE ABOVE
DESCRIBED PARCEL; THENCE CONTINUING ALONG THE WEST LINE OF SECTION 18, SOUTH 00°21'56" WEST, 168.59
FEET TO THE NORTHERLY RIGHT OF WAY OF COURT STREET AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00°21'56" WEST, 216.68 FEET TO A U.S.A.C.E. BRASS CAP ON THE McNARY PROJECT
BOUNDARY; THENCE SOUTH 55 °07'35" EAST, 154.46 FEET ALONG SAID BOUNDARY TO THE MOST WESTERLY
CORNER OF LOT 14, PLAT OF HARRIS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME C OF
PLATS, PAGE 92, RECORDS OF FRANKLIN COUNTY; THENCE NORTH 35'08'12" EAST, 170.80 FEET ALONG THE WEST
LINE OF SAID LOT 14; THENCE NORTH 87°50'12"' EAST, 19.06 FEET TO THE SOUTHERLY RIGHT OF WAY OF COURT
STREET; THENCE NORTH 55°51'16" WEST, 293.23 FEET ALONG SAID RIGHT OF WAY TO THE TRUE POINT OF
BEGINNING.
CONTAINING 15.93 ACRES, MORE OR LESS.
Parcel "B" (APN #118 180 139):
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 18. TOWNSHIP 9 NORTH, RANGE 29 EAST DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 00°19'39" WEST,
40.00 FEET ALONG THE WEST LINE OF SAID SECTION 18 TO THE SOUTHERLY RIGHT OF WAY OF HARRIS ROAD;
THENCE NORTH 89°38'39" EAST 177.98 FEET ALONG SAID RIGHT OF WAY; SOUTH 89°55'20" EAST, 477.00 FEET
ALONG SAID RIGHT OF WAY TO THE TRUE POINT OF BEGINNING:
Page 69 of 310
THENCE CONTINUING SOUTH 89°55'20" EAST. 405. 75 FEET TO A 5/8" REBAR STAMPED "STRATTON" MARKING THE
NORTHWEST CORNER OF LOT 2, SHORT PLAT NO. 2010-13 ACCORDING TO THE SURVEY THEREOF, RECORDED IN
VOLUME 1 OF SHORT PLATS, PAGE 834, RECORDS OF FRANKLIN COUNTY; THENCE SOUTH 01°20'30" WEST, 437.43
FEET ALONG THE WEST LINE OF SAID LOT 2 TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°59'51" EAST,
686.68 FEET ALONG THE SOUTH LINE OF SAID LOT TO A 5/8" REBAR STAMPED "STRATTON" MARKING THE
SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 03°04'35" EAST, 216.66 FEET ALONG THE SOUTHERLY
PROLONGATION OF THE EAST LINE OF SAID SHORT PLAT TO A 5/8" REBAR STAMPED "ROGERS" ON THE WESTERLY
RIGHT OF WAY OF STATE ROUTE 182;THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY THE FOLLOWING FIVE
COURSES: THENCE SOUTH 49°14'59" WEST, 250.70 FEET; THENCE SOUTH 53°09'39" WEST, 150.33 FEET; THENCE
SOUTH 51 °38'31" WEST, 1000.40 FEET; THENCE SOUTH 32°59'13" WEST, 104.95 FEET; THENCE SOUTH 21°44'58"
WEST, 12.90 FEET TO A POINT OF NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST ON THE NORTHERLY RIGHT
OF WAY OF WEST COURT STREET; (THE LONG CHORD OF SAID CURVE BEARS NORTH 54°59'24" WEST, 164.44 FEET)
THENCE WESTERLY, 164.45 FEET ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02 °12'37"; THENCE NORTH 55°51'17" WEST, 129.54 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH
34°08'44" EAST, 532.53 FEET; THENCE NORTH 00°19'30" EAST, 1021.10 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 22.77 ACRES, MORE OR LESS.
Page 70 of 310
SUBYEXQR's NARRAJM;· RECORD SURVEY )000(
i§
FOR BOUNDARY LINE ADJUSTMENT IN THE NW 1/4, SEC. 18, TOWNSHIP 9 NORTH, RANGE 29 EAST, & IN THE NE 1/4, SEC. 13, TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M. FRANI<IJN COUNTY, WASHINGTON
/ / ,fa � /
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. l::c"'...:�-"i ,_......,.,... ,, __ fr -�S,.'."_!97.1,.:__ -Z---··-· _serM'20'E�.RR§..�---.·-'·-··-··�n_•":"'-2!'' .. ____ -··--·-··--·-··-.--··-;/·--· I -· -· -· -· ts tn.od -:=;-c ---------/19
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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 .SC. /.),� o ,,:i-<- ,.. t, e � l l c__ and I am further
authorized to sign other documents including Notices of Intent and Petitions.
Signature
State of Washington
County of ·{7:, c ,,...\c, ·"
)
): ss.
)
Date
I certify that I know or have satisfactory evidence that £01:c.r ��c.1."-..._ \\. is the person who appeared
before me, and said person acknowledged that�o/she) signed this instrument, on oath stated that
((h�she) was authorized to execute the instrument and acknowledged it as 'if<e ____________ of _____________ 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 7. �:..
..-day of Jc., nv,, �:c�,
/] �..
•2020
NOTARY PUBLIC in and for the State of Washington
Residing at: _9.,...;, �:;..' ....._· "�· ________ _ My Commission Expires: , , .. '2 <, • ·z I.)
Page 73 of 310
1.Please print your name in addition to signing.
PRINT NAME SIGNATURE ADDRESS DATE
Page 74 of 310
AGENDA REPORT
FOR: City Council February 2, 2022
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
City Council Regular
Meeting: 2/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Q Ordinance - SG Land Management LLC/Harris Road Zoning
Determination (ZD 2020-002)
I. REFERENCE(S):
Overview Map
Proposed Zoning Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Hearing Examiner Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, assigning R-3 zoning to the
SG Land Management LLC/Harris Road 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 May 18, 2020, the City Council passed Resolution No. 3961 accepting a
"Notice and Intent" to commence annexation proceedings for the SG Land
Management LLC/Harris Road Annexation.
On July 14, 2021 the Hearing Examiner held a hearing to consider R-3 (Medium-
Density Residential) zoning for the SG Land Management LLC/Harris Road
Annexation Area, in conjunction with the proposed annexation.
Page 75 of 310
Following the conduct of a hearing the Hearing Examiner recommended the City
Council approve R-3 zoning for the annexation area petition.
V. DISCUSSION:
The Hearing Examiner conducted a zoning determination hearing for the
proposed annexation area on July 14, 2021 and recommended the area be
zoned R-3 (Medium-Density Residential).
area the designates “MediumComprehensive The Plan -High-Density
Residential” which may accommodate densities from 8-15 dwelling units per
acre, and allows for “Medium-High-Density Residential” (MHDR) zoning.
MHDR zoning allows for single-family dwelling units, townhouses,
condominiums and multi-family units.
The MHDR zoning definition has not yet been created and is thus not available
for current application. However, R-3 zoning is available; R-3 zoning would also
accommodate the 8-15 units/acre range specified in the newly approved
Comprehensive Plan, and allows for single -family dwelling units, townhouses,
condominiums and multi-family units.
As noted in the Council workshop of January 24, 2022; the applicants intend to
initiate a Planned Unit Development for the property - which will provide certain
design and infrastructure features related to physical development of the
property.
The proposed Ordinance will establish R-3 (Medium-Density Residential) zoning
for the annexation area, providing increased opportunities for diverse residential
development for Pasco.
Page 76 of 310
CI
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CITY LIMITS
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CITY LIMITS
ROAD 108W
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HARRIS Rd CHAPEL HILL Blvd
CRESCENT RdHARRIS RdI-182 EI-182 W
Benton County WA, Pasco GIS, Maxar
0 710 1,400 2,100 2,800360
Feet
0 710 1,400 2,100 2,800360
Feet
Overview
Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
Page 77 of 310
Ordinance - Harris Road Annexation ANX 2020-001 - 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, meeting the requirements
of RCW 35A.14.120; and
WHEREAS, a public meeting on the proposed annexation application was held on May
18, 2020, wherein City Council passed Resolution No. 3961, accepting the intent to annex,
determining the property will be required to assume all proportionate bonded indebtedness,
determining that simultaneous zoning will not be required, and determining the property to be
annexed as set forth in Section 1 below (Property); 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 has been
determined to be sufficient by the Franklin County Assessor on September 13, 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 was held on February 7, 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.
Page 78 of 310
Ordinance - Harris Road Annexation ANX 2020-001 - 2
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:
That portion of the Northwest quarter of Section 18, Township 9 North, Range 29
East, W.M. and the Northeast quarter of Section 13, Township 9 North, Range 28
East, W.M., described as follows:
Commencing at the Northwest corner of said Section 18; Thence South 0°19’39”
West along the West line of said Section 40 feet to the Southerly right of way line
of Harris Road; Thence North 89°38’39” East along said right of way line 177.98
feet to the Northwest corner of Parcel “A” as shown on that Record of Survey
recorded in Book 3 of Surveys, Page 992, records of Franklin County, Washington,
and the Point of Beginning; Thence South 89°55’20” East along the North line of
Parcel “A” and Parcel “B” of said Survey 882.75 feet; Thence South 1°20’30” West
437.43 feet; Thence South 89°59’51” East 686.68 feet to the Easterly line of said
Parcel “B”; Thence South 3°04’35” East 216.66 feet to the Northwesterly right of
way line of State Route 182; Thence Southwesterly along said right of way line to
the intersection of the Northerly right of way line of Court Street; Thence
Southwesterly perpendicular to the Southerly right of way line of said Court Street
to a point on said Southerly right of way line; Thence Northwesterly along said
right of way line to the Easterly line of that portion of said Parcel “A” lying
Southerly of said Court Street; Thence South 87°50’12” West along said Easterly
line 19.06 feet; Thence South 35°08’12” West along said Easterly line 170.80 feet
to the most Southerly corner of said Parcel “A”; Thence North 55°07’35” West
along the Southerly line of said Parcel “A” 154.46 feet to the Southwest corner of
said Parcel “A”; Thence North 0°21’56” East along the Westerly line of said Parcel
“A” 288.77 feet to the Northerly right of way line of said Court Street; Thence
Northwesterly along said right of way line to the most Westerly corner of said
Parcel “A”; Thence North 21°47’33” East 82.11 feet; Thence North 74°31’02” East
185.00 feet; Thence North 0°19’30” East 1074.27 feet to the Point of Beginning;
(Franklin County Assessor’s Parcels 118180068 and 118180139)
Situated in Franklin County, Washington.
Together with and subject to Easements, Reservations, Covenants, and Restrictions, 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.
Page 79 of 310
Ordinance - Harris Road Annexation ANX 2020-001 - 3
Section 3. That said tract of land shall be required to 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. 5.
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 ___ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ________________________
Page 80 of 310
City of Pasco Hearing Examiner Page 1 of 3
Zoning Determination Recommendation, ZD 2020-002
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
ZONING DETERMINATION RECOMMENDATION
Zoning Determination Recommendation
Harris Farm Annexation
ZD 2020-002
August 2, 2021
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Request for zoning recommendation of R-3 zoning for 37.70-acre
annexation area.
Location. Near southeast corner of West Court Street and Harris Road. Two parcels
with tax numbers 118 180 068 and 118 180 139.1
Applicant. Peter Strizhak c/o SG Land Management LLC, 6159 W Deschutes Ave,
Ste 509, Kennewick, WA 99336-7741.
1.2 Land Use, Designations, and Rezone Request. The site is within one of several
County "islands" within the City’s urban growth area. The City is considering annexing it. The
site's Comprehensive Plan designation is Medium-High Density Residential, which provides for
densities of 8-15 dwelling units per acre. The MHDR zoning category has not been created yet,
but R-3 zoning most closely approximates what is contemplated, accommodating 8-15 dwelling
units per acre. The R-3 zone is compatible with surrounding uses and zoning, which include:
North: RT (Agriculture/vacant)
East: RS-20; C-1; Freeway (Single family homes/former
manufacturing/I-182)
South: RT (Single family homes/vacant)
West: RT (Agriculture/vacant)
1.3 Annexation. The annexation is not before the Examiner. The Examiner’s zoning
determination recommendation will be forwarded to the City Council for the public hearing on
the annexation. If annexed, the Council would adopt a separate ordinance zoning the property.2
1.4 Evidence Reviewed. The Examiner admitted the Department’s Staff Report,
which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of
the surrounding area, and an annexation area map. Except as revised, the Staff Report is
incorporated.
1 The Staff Report contains the legal descriptions on pp. 1-2.
2 PMC 25.220.020.
Page 80 of 309Page 81 of 310
City of Pasco Hearing Examiner Page 2 of 3
Zoning Determination Recommendation, ZD 2020-002
1.5 Hearing. An open record public hearing was held on July 14, 2021. The hearing
was conducted remotely, but with in-person attendance allowed. Access information was
available to the public to allow citizens to join via either a video link or telephone call-in, if they
elected to not attend in person. There was some video feed connectivity disruption during the
hearing. To ensure any citizens who wished to comment could provide input, the record was kept
open for a week, through July 21. The Examiner stated that if there were any concerns on
comment, or a need to re-open the hearing, comments on same should be submitted during this
period. No additional written comments were received. At the hearing, the Department, through
Mr. Adams, summarized the proposal. No one from the public indicated a wish to testify.
1.6 Notice. Notice was mailed to property owners within 300 feet and published in
the Tri-City Herald.3 No concerns with notice were raised. Notice met code requirements.4
1.7 Written Public Comment. No written public comment was received.
1.8 Utilities. Water and sewer services are available via a 12" water line and 18"
sewer line in West Court Street. A 30" sewer line has recently been installed along the east
property line of Parcel 118 180 139.
1.9 Access. West Court Street and Harris Road.
1.10 Rezone Considerations. A rezone to R-3 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for medium-density residential uses where utilities are available, the location is suitable for
same, and there is a market demand for such residences. The rezone allows for the construction
of medium density housing, which is needed in Pasco. With greater densities, economic
opportunities can arise from use co-location, which can reduce vehicle trips. The rezone will
contribute to infill of affordable housing opportunities proximate to public facilities and
commercial centers. Development regulations are in place to address redevelopment impacts.
2. CONCLUSIONS
The Comprehensive Plan is central is considering zoning associated with an annexation
proposal. “The establishment of zoning for annexation areas shall be guided by the land use
designations and policies of the Comprehensive Plan.”5 In standard zoning recommendations, the
Comprehensive Plan is also central, but other criteria are also considered.
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
3 Staff Report, p. 6.
4 PMC 25.210.040 and 25.220.020.
5 PMC 25.220.030.
Page 81 of 309Page 82 of 310
City of Pasco Hearing Examiner Page 3 of 3
Zoning Determination Recommendation, ZD 2020-002
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and, if so, the terms and conditions of such an agreement.6
The initial zoning petition has additional requirements, which the Staff Report details,
which focus on the rationale for the zone change, including changed conditions, consistency with
the public, health safety and welfare, the effect on adjoining properties and on the property
owner (if not granted), and the Comprehensive Plan designation.7 These latter considerations
ensure there is adequate information before the Examiner. These details were provided.
As the Findings detail, the rezone follows the criteria for a rezone associated with an
annexation, and the standard rezone criteria. The proposed zoning is consistent with the
Comprehensive Plan Land Use Map. Surrounding uses are in an area of transition so include
vacant and agricultural lands as well as residential development. The rezone allows for medium
residential densities in keeping with Plan objectives to accommodate planned growth within the
City. There is no material detriment to the area. Due to the City's existing regulatory structure
and future project-level review, there is no need for a concomitant agreement. The requested
rezone meets the City’s rezone criteria. Should annexation proceed, the Examiner’s zoning
recommendation determination is that the requested zoning is consistent with the City’s rezone
criteria and should be applied to the properties.
RECOMMENDATION
The Hearing Examiner’s zoning determination recommendation is approval of the rezone
to the City’s R-3 zone.
RECOMMENDATION entered August 2, 2021.
______________________________
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
6 PMC 25.210.060; PMC 2.50.080.
7 Staff Report, pp. 4-5; PMC 25.210.030.
Page 82 of 309Page 83 of 310
COLUMBIARIVERCOLUMBIARIVERCITY LIMITSCITY LIMITSCITY LIMITSParcel118180068Parcel118180139VIEWLnSHORELINECtIONE StWATERSEDGE DrSHADY LnROAD 111HARRIS RdWCOURTStHARRIS RdI-182 EI-182 W0 280 560 840 1,100140Feet"Exhibit %"Item: Harris Road AnnexationApplicant: SG Properties LLCFile #: ZD 2020-002Page 84 of 310
REPORT TO HEARING EXAMINER
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY 14 July 2021
6:00 PM
1
MASTER FILE #: ZD 2020‐002
APPLICANT: Peter Strizhak c/o SG Land Management LLC
6159 W Deschutes Ave Ste 509
Kennewick WA 99336‐7741
REQUEST: Zoning Determination: Development of a zoning
recommendation for the Harris Farm Annexation, located
near the corner of West Court Street and Harris Road.
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
Parcel “A” (APN #118 180 068):
That portion of the Northwest quarter of Section 18, Township 9 North, Range 29 East
and that portion of the Northeast quarter of Section 13, Township 9 North Range 28 East,
described as follows:
Commencing at the Northwest corner of said Section 18; thence South 00°19'39" West,
40.00 feet along the West line of said Section 18 to a 5/8" rebar stamped "Worley" on the
Southerly right‐of‐way of Harris Road; thence North 89°38'39" East, 177.98 feet along said
right‐of‐way to a 5/8" rebar stamped "Worley" and the true point of beginning: (said
corner being the Northeast corner of Parcel 1 of Record Survey No. 978 recorded in
Auditor’s File No. 1686716, Records of Franklin County); thence South 89°55'20" East,
477.00 feet along said right‐of‐way; thence South 00°19'30" West, 1021.10 feet parallel
with the West line of said Parcel; thence South 34°08'44" West, 532.53 feet to the
Northerly right‐of‐way of Court Street; thence North 55°51'17" West, 467.81 feet along
said right‐of‐way to a 5/8" rebar stamped "Worley" marking the most Southerly corner of
said Parcel 1 aforementioned; thence North 21°47'33" East, 82.11 feet along the Easterly
line of said Parcel to a 5/8" rebar on the West line of said Section 18; thence continuing
along said Easterly line, North 74°31'02" East, 185.00 feet; thence North 00'19'30" East,
1074.27 feet along said East line of said Parcel to the true point of beginning.
Together with that portion of said Northwest quarter of Section 18, described as follows:
Commencing at the Northwest corner of said Section 18; thence South 00°19'39" West,
1162.58 feet along the West line thereof to a 5/8" rebar marking an angle point in the
Easterly line the above described Parcel; thence continuing along the West line of Section
18, South 00°21'56" West, 168.59 feet to the Northerly right‐of‐way of Court Street and
Page 85 of 310
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the true point of beginning; thence continuing South 00°21'56" West, 216.68 feet to a
USACE Brass cap on the McNary project boundary; thence South 55°07'35" East, 154.46
feet along said boundary to the most Westerly corner of Lot 14, plat of Harris subdivision
according to the plat thereof recorded in Volume C of Plats, Page 92, Records of Franklin
County; thence North 35'08'12" East, 170.80 feet along the West line of said Lot 14;
thence North 87°50'12" East, 19.06 feet to the Southerly right‐of‐way of Court Street;
thence North 55°51'16" West, 293.23 feet along said right‐of‐way to the true point of
beginning.
Containing 15.93 acres, more or less.
Parcel “B” (APN #118 180 139):
That portion of the Northwest quarter of Section 18. Township 9 North, Range 29 East
described as follows: commencing at the Northwest corner of said Section 18; thence
South 00°19'39" West, 40.00 feet along the West line of said Section 18 to the Southerly
right‐of‐way of Harris Road; thence North 89°38'39" East 177.98 feet along said right‐of‐
way; South 89°55'20" East, 477.00 feet along said right‐of‐way to the true point of
beginning:
Thence continuing South 89°55'20" East. 405.75 feet to a 5/8" rebar stamped "Stratton"
marking the Northwest corner of Lot 2, Short Plat No. 2010‐13 according to the survey
thereof, recorded in volume 1 of Short Plats, Page 834, Records of Franklin County; thence
South 01°20'30" West, 437.43 feet along the West line of said Lot 2 to the Southwest
corner thereof; thence South 89°59'51" East, 686.68 feet along the South line of said Lot
to a 5/8" rebar stamped "Stratton" marking the Southeast corner of said Lot 2; thence
South 03°04'35" East, 216.66 feet along the Southerly prolongation of the East line of said
Short Plat to a 5/8" rebar stamped "Rogers" on the Westerly right‐of‐way of State Route
182; thence Southwesterly along said right‐of‐way the following five courses: thence
South 49°14'59" West, 250.70 feet; thence South 53°09'39" West, 150.33 feet; thence
South 51°38'31" West, 1000.40 feet; thence South 32°59'13" West, 104.95 feet; thence
South 21°44'58" West, 12.90 feet to a point of non‐tangent curve concave to the
Southwest on the Northerly right‐of‐way of West Court Street; (the long chord of said
curve bears North 54°59'24" West, 164.44 feet) thence Westerly, 164.45 feet along said
right‐of‐way on the arc of said curve through a central angle of 02°12'37"; thence North
55°51'17" West, 129.54 feet along said right‐of‐way; thence North 34°08'44" East, 532.53
feet; thence North 00°19'30" East, 1021.10 feet to the true point of beginning.
Containing 22.77 acres, more or less.
General Location: Near the southeast corner of West Court Street and Harris Road.
Page 86 of 310
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Property Size:
No Parcel SQ. FT. Acres
1 118180068 650,350.80 14.93
2 118180139 991,861.20 22.77
Total 1,642,212.00 37.70
2. ACCESS: The site is accessed from West Court Street and Harris Road
3. UTILITIES: Water and Sewer services are available to the proposed annexation area via a
12” water line and an 18” sewer line in West Court Street; a 30” sewer line has recently
been installed along the east property line of Parcel 118180139.
4. LAND USE AND ZONING: The site is located in the County and is currently zoned R‐T and
is used for agriculture. The site is being cleared of all structures preparatory to future
development.
Surrounding properties are zoned and developed as follows:
NORTH: RT Agriculture/vacant
EAST: RS‐20; C‐1; Freeway SFDU; former manufacturing; I‐182
SOUTH: RT SFDUs; Vacant Land
WEST: RT Agriculture Vacant Land
5. COMPREHENSIVE PLAN: The recently approved City of Pasco Comprehensive Plan
designates the site for Medium‐High‐Density Residential. Goal H‐2 suggests the City strive
to maintain a variety of housing options for residents of the community. Land Use goal
LU‐2 directs the City to “maintain established neighborhoods and ensure new
neighborhoods are safe and enjoyable places to live, and Policy LU‐2‐A, “Design major
streets, schools, parks, and other public facilities that will encourage the individual
identities of neighborhoods.”
ANALYSIS
The City is in the process of annexing two parcels into the City. The annexation petitioners are
seeking to rezone the site consistent with the Medium‐High‐Density Residential land use
designation.
The site contains approximately 37.70 acres and is located near the southeast corner of West
Court Street and Harris Road, all north of the Columbia River and west of the Interstate 182
bridge.
Properties to the north were annexed in 1982 and simultaneously assigned RT (Residential
Transition) zoning (Ordinance 2388), which has been used as a “holding zone” for future zoning
designation upon annexation and application for future development. Land to the east and across
Page 87 of 310
4
Properties to the east including the I‐182 interstate bridge were annexed and assigned RS‐20
(Suburban) zoning in 2001 (Ordinance 3462).
Properties to the west were annexed in 2002 (Ordinance 3570) and assigned RS‐12 (Suburban)
zoning (Ordinance 3571).
The parcels are both located within the Urban Growth Area (UGA), and also within one of several
county “islands;” both parcels in the proposed annexation area are designated by the
Comprehensive Plan map for Medium‐High‐Density Residential. The Description and Allocation
Table of the Comprehensive Plan specifies that Medium‐High‐Density Residential areas allow for
MHDR (Medium‐High‐Density Residential) zoning, with single‐family dwelling units, townhouses,
condominiums and multi‐family; and density from 8‐15 dwelling units per acre. For the moment
the MHDR zoning definition has not yet been created and is thus not available for current
application; as such, Staff recommends R‐3 zoning, which approximates the density of the
proposed MHDR zoning district, accommodating the 8‐15 units/acre range specified for that area
in the newly‐approved Comprehensive Plan.
Criteria for annexation in these areas include sewer availability, land suitable for home sites,
market demand.
The proposed annexation area is within the City’s service area as identified in the Comprehensive
Water and Sewer Plans are based on future services needed within the annexation area for more
intense land uses as identified in the land use map of the Comprehensive Plan. Water service is
available to the proposed annexation area via a 12” water line in West Court Street; Sewer
services is available to the proposed annexation area via an 18” sewer line in West Court Street
and a recently installed 30” sewer line along the east property line of the easternmost of the two
proposed parcels (Parcel 118180139).
Land annexed within the County island areas typically adopt the current County zoning
designation for that parcel, which is RT for both parcels; however with the availability of sewer,
more density may be contemplated; R‐3 (Medium‐density Residential) zoning is being
recommended for the area. As per PMC 25.65.050, R‐3 zoning allows for one dwelling unit per
4,500 square feet of lot area for single‐family dwellings and 3,000 square feet of lot area for
multiple‐family dwellings and dwellings part of zero‐lot‐line developments except as provided in
PMC 25.65.030(8).
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 changed conditions in the vicinity which warrant other or additional zoning:
The site in question is in process of being annexed.
The site is located within the Pasco Urban Growth Boundary.
The site is located within one of the County islands surrounded by City‐annexed lands.
Contiguous properties to the north were annexed in 1982 and simultaneously assigned
RT (Residential Transition) zoning (Ordinance 2388).
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5
The RT zoning designation has been used as a “holding zone” for future zoning designation
upon annexation and application for future development.
Properties to the east were annexed in 2001 and assigned RS‐20 zoning in 2001.
Properties to the west across West Court Street were annexed and assigned RS‐12 zoning
in 2002.
The property adjacent to the west is zoned RT and is vacant.
Properties west of Court Street are mostly developed with single‐family dwellings.
Water service is available to the site in West Court Street.
Sewer services is available to the site in West Court Street and a recently installed sewer
line along the east property line of Parcel 118180139.
2. Facts to justify the change on the basis of advancing the public health, safety and general
welfare.
The property is in process of being annexed and needs to be zoned. The justification for the
zoning designation 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 consistent with the Comprehensive Plan. The proposed zoning
would incorporate a higher density zoning than that currently existing in the County, based on
the availability of sewer services to the site, and within the Comprehensive Plan Medium‐High‐
Density Land Use designation.
3. The effect rezoning will have on the nature and value of adjoining property and the
Comprehensive Plan.
The proposed zoning will be a higher density than the existing County zoning for the property.
R‐3 (Medium‐density Residential) zoning is supported by the Comprehensive Plan where utilities
are available and would be considered a proper implementation of the Plan. The nature and value
of surrounding properties will likely be impacted by increased density, increased traffic, greater
efficiency of service delivery and thus lower per‐capita costs, as the result of proximity to said
zoning.
4. The effect on the property owners or owner if the request is not granted.
Without the annexation area being assigned a specific zoning district, the area will essentially be
non‐zoned upon annexation. The area needs to be zoned for the benefit of the property owners
and property owners adjoining the proposed annexation area.
5. The Comprehensive Plan land use designation for the property.
The Plan indicates the proposed annexation area can be zoned MHDR (Medium‐High‐Density
Residential) zoning, with single‐family dwelling units, townhouses, condominiums and multi‐
family units, and density from 8‐15 dwelling units per acre. As MHDR zoning definition has not
yet been created and is thus not available for current application, Staff recommends R‐3 zoning,
which would accommodate the 8‐15 units/acre range specified in the newly approved
Comprehensive Plan.
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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 25 June 2021.
2. The City is in the process of annexing two parcels into the City.
3. R‐3 zoning is being proposed for the site.
4. The site contains approximately 37.70 acres.
5. The site is located near the southeast corner of West Court Street and Harris Road.
6. The Columbia River is located to the south of the site; The I‐182 freeway bridge runs
along the east of the site.
7. Contiguous properties to the north were annexed in 1982 and simultaneously
assigned RT (Residential Transition) zoning (Ordinance 2388).
8. The RT zoning designation has been used as a “holding zone” for future zoning
designation upon annexation and application for future development.
9. Properties to the east were annexed and assigned RS‐20 zoning in 2001.
10. Properties to the west across West Court Street were annexed and assigned RS‐12
zoning in 2002.
11. The parcels are all located within the Urban Growth Area (UGA);
12. The Comprehensive Plan designates the site for Medium‐High‐Density Residential.
13. The Medium‐High Density Residential Comprehensive Plan designation allow for
Medium‐High‐Density Residential (MHDR) zoning.
14. The MHDR zoning definition has not yet been created/is not available for current
application.
15. R‐3 Zoning is being proposed for the site.
16. R‐3 zoning would accommodate the 8‐15 units/acre range specified in the newly
approved Comprehensive Plan.
17. Goal H‐2 suggests the City strive to maintain a variety of housing options for residents
of the community including single‐family housing.
18. Land Use goal LU‐2 directs the City to “maintain established neighborhoods and
ensure new neighborhoods are safe and enjoyable places to live.
19. Policy LU‐2‐A, “Design major streets, schools, parks, and other public facilities that will
encourage the individual identities of neighborhoods.”
Page 90 of 310
7
20. All parcels are located within a County island.
21. The proposed annexation area is within the City’s Comprehensive Water Plan service
area.
22. The proposed annexation area is within the City’s Comprehensive Sewer Plan service
area.
23. Both the Comprehensive Water and Sewer Plans anticipate increased future services
needs within the annexation area based on the higher intensity land uses identified in
the land use map of the Comprehensive Plan.
24. Water service is available to the proposed annexation area via a 12” water line in West
Court Street
25. Sewer services is available to the proposed annexation area via an 18” sewer line in
West Court Street and a recently installed 30” sewer line located along the east
property line of Parcel 118180139.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission must develop its
conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and
determine whether or not:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
Zoning the proposed annexation site to R‐3 supports Plan Policy H‐1‐E.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Rezoning the proposed annexation area R‐3 will cause the site to be approximately
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 Medium‐High‐density residential. Rezoning the area R‐3 will lead to
additional housing 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.
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.
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RECOMMENDATION
Staff recommends the City Council assign R‐3 zoning to the Harris Farm Annexation Area as
depicted on the proposed zoning map (“Exhibit 1”) attached to the 14 July 2021 Hearing Examiner
report.
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CITY LIMITSCITY LIMITSCITY LIMITSCITY LIMITS
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Exhibit
#1
Item: Harris Road Annexation - Applicant Proposed Annexation Area
Applicant: SG Properties LLC
File #: ZD 2020-002
Annexation
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0 710 1,400 2,100 2,800360
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Overview
Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
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Vicinity
Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
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Land Use
Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
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RS-20
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Zoning
Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
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Medium High
Density
Residential
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Map
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
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Parcel
118180068 Parcel
118180139
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"Exhibit A"
Item: Harris Road Annexation
Applicant: SG Properties LLC
File #: ZD 2020-002
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Looking North From West Court Street
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Looking Northeast From West Court Street
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Looking Southeast From West Court Street
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Looking SouthFrom Harris Road
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Looking WestFrom Harris Road
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Mineral Extraction SiteNorth of Harris Road
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AGENDA REPORT
FOR: City Council January 28, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - The Dunes RT to R-3 Rezone (Z 2021-015)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Map
Exhibit B - Hearing Examiner Recommendation
Report to Hearing Examiner Dated: January 12, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, rezoning a parcel located along
the south side of Burns Road, approximately three-quarters of a mile west of
Broadmoor Boulevard from RT to R-3, and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On January 12, 2022, the the Hearing Examiner held a public hearing to consider
a request to rezone Lot 8 of Record Survey #1932652, located along the south
side of Burns Road, approximately three-quarters of a mile west of Broadmoor
Boulevard from RT (Residential Transition) to R-3 (Medium-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone from from RT
(Residential Transition) to R-3 (Medium-Density Residential).
No appeals of this recommendation have been received.
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V. DISCUSSION:
The site comprises 47.3 acres and has frontage access on Burns Road which
ultimately connects to Broadmoor Boulevard/Road 100 to the east.
The Comprehensive Plan designates the lot “Medium-Density Residential.” The
“Medium-Density Residential” designation allows for R-3 zoning and may be
developed with Single-family dwellings, patio homes, townhouses, apartments,
and condominiums. Residential density may range from 6 to 20 dwelling units
per acre in the “Medium-Density Residential” designated area.
Applicant anticipates small-lot single-family development on the site.
The rezone request is consistent with the Comprehensive Plan Land Use Ma p
designation.
Page 115 of 310
Ordinance – “The Dunes” Rezone Z 2021-015 - 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 SOUTH OF AND ADJACENT TO
BURNS ROAD, APPROXIMATELY 3/4 MILES WEST OF BROADMOOR
BOULEVARD, PASCO, WASHINGTON FROM R-T TO R-3.
WHEREAS, Caleb Stromstad, acting on behalf of Big Sky Developers, LLC, the
petitioner seeks to rezone Parcel 8 of Record Survey No. 1932653, located in Section 7,
Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel No.
115210038); and
WHEREAS, a complete and adequate petition for change of zoning classification
meeting the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received
by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on January 12, 2022; 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 Section 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 A.
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Ordinance – “The Dunes” Rezone Z 2021-015 - 2
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-T
(Residential Transition) to R-3 (Medium-Density Residential) for the real property as shown in
the Exhibit B attached hereto and described as follows:
Parcel 8 of Record Survey No. 1932653, located in Section 7, Township 9 North,
Range 29 East, W.M. Records of Franklin County, Washington (Parcel No.
115210038).
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
__________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _________________________
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NOCKING POINTRDDENT RDEAGLECREST DRBURNS RDCITY LIMITSCITY LIMITS0 350 700 1,100 1,400180Feet"Exhibit A"Item: The Dunes Rezone RT to R-3Applicant: Caleb Stromstad c/o Big Sky Developers LLCFile #: Z 2021-015Page 118 of 310
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Page 125 of 310
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 12 January 2022
6:00 PM
1
MASTER FILE #: Z 2021‐015
APPLICANT: Caleb Stromstad/Aqtera c/o Big Sky Developers, LLC
2705 Saint Andrews Loop, Suite C
Pasco, WA 99301
REQUEST: REZONE: The Dunes RT to R‐3
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lot 8 of Record Survey #1932652, Section 7, Township 9 North, Range 29 East W.M.
Pasco, Franklin County, Washington (Parcel 115210038).
General Location: Located along the south side of Burns Road, approximately three‐
quarters of a mile west of Broadmoor Boulevard, Pasco, WA.
Property Size: 47.3 Acres.
2. ACCESS: The parcel has access from Burns Road.
3. UTILITIES: Municipal water service is located in Burns Road and sewer is being brought to
the property from west Court Street to the south.
4. LAND USE AND ZONING: The property is currently zoned RT (Residential Transition), and
is vacant. Surrounding zoning and land uses are as follows:
North RS‐20 (County) SFDUs
East RT Vacant
South RT Agriculture/Vacant
West R‐1 Agriculture/SFDUs
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
Determination of Non‐Significance (DNS) was issued on 14 December 2021 for this project
under WAC 197‐11‐158.
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2
ANALYSIS
Request
Big Sky Developers, LLC, has submitted an application to rezone Parcel #115210038, located
along the south side of Burns Road, approximately three‐quarters of a mile west of Broadmoor
Boulevard, from RT (Residential Transition) to R‐3 (Medium‐Density Residential). Applicant
anticipates small‐lot single‐family development on the 47.3‐acre site.
Site
The site comprises 47.3 acres and has frontage access on Burns Road which ultimately connects
to Broadmoor Boulevard/Road 100 to the east.
The Comprehensive Plan designates the lot “Medium‐Density Residential.” The “Medium‐Density
Residential” designation allows for R‐3 zoning and may be developed with Single‐family
dwellings, patio homes, townhouses, apartments, and condominiums.
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 RT (Residential Transition) zoning in 1998
(Ordinance #2388). The site has not been rezoned since.
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.”
The site is also located in the Broadmoor Area Plan, which likewise identifies the site for Medium‐
Density Residential development.
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:
The site was assigned RT (Residential Transition) zoning in 1998 as part of the annexation
(Ordinance #2388). 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‐3 zoning and may be developed with Single‐family dwellings,
Page 127 of 310
3
patio homes, townhouses, apartments, and condominiums. Residential density may range from
6 to 20 dwelling units per acre in the “Medium‐Density Residential” designated area.
The site is also located in the Broadmoor Area Plan, which identifies the site for Medium‐Density
Residential development.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The existing RT (Residential Transition) zoning is intended to be a holding zone of sorts until
development of the area is appropriate, as seen from the purpose statement found in Section
25.15.010 of the zoning code which states:
The R‐T district is intended to be applied or assigned to areas that are essentially
undeveloped, however, ultimately intended for suburban or urban residential use.
Classifications which would be inappropriate or premature to initially apply for a
variety of reasons, including promotion of unorderly growth or creation of public
health and safety problems resultant from the unavailability of urban services,
should be avoided.
With recent and planned development occurring throughout west Pasco, rezone of the site is
timely. An existing water main capable of supporting new development, as identified in the Pasco
Comprehensive Plan is located adjacent to the site along Burns Road. The comprehensive plan
designates the site as suitable for medium density residential development, which is compatible
with the purpose statement of the R‐3 zone (Section 25. 65.010):
The R‐3 district is established to provide a medium density residential environment.
Lands within this district generally contain multiple‐unit residential structures of a
scale compatible with the structures in low density districts and with useful yard
spaces. The R‐ 3 district is intended to allow for a gradual increase in density from
lower density residential districts and, where compatible, can provide a transition
between different use areas.
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:
Medium Density Residential development of the site would be compatible with the type and
density anticipated under the Pasco Comprehensive Plan. It is south of and adjacent to existing
residential development. It is also located a convenient distance from a large mixed use
interchange plan designation which will include a variety of commercial services.
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.
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4
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:
Denial of the proposed rezone would impair implementation of the City’s Comprehensive Plan and
reduce the property owner ‘s ability to gain a return on their investment in the property.
If the property remains with the current RT zoning designation the site would likely continue
vacant and unused.
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‐3 zoning and may be developed with Single‐family
dwellings, patio homes, townhouses, apartments, and condominiums.
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.
The site is also located in the Broadmoor Area Plan, which likewise identifies the site for Medium‐
Density Residential development.
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 20 December 2021.
2. Applicant wishes to rezone Parcel #115210038, from RT (Residential Transition) to R‐3
(Medium‐Density Residential).
3. The site is located along the south side of Burns Road, approximately three‐quarters of a
mile west of Broadmoor Boulevard.
4. Applicant anticipates small‐lot single‐family development on the site.
5. The site comprises 47.3 Acres,
6. The site has frontage access on Burns Road
7. Burns Road connects to Broadmoor Boulevard/Road 100 to the east.
8. The City has recently approved a major update to its Comprehensive Plan.
9. The Comprehensive Plan designates the lot “Medium‐Density Residential.”
10. The “Medium‐Density Residential” designation allows for R‐3 zoning
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5
11. The “Medium‐Density Residential” designation may be developed with Single‐family
dwellings, patio homes, townhouses, apartments, and condominiums.
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 is also located in the Broadmoor Area Plan, which likewise identifies the site for
Medium‐Density Residential development.
15. The site was annexed into the City in 1998.
16. The site was assigned RT zoning in 1998 concurrent with the annexation.
17. The site has not been rezoned since.
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.
Development of the site with a small lot subdivision in conformance with R‐3 zoning standards
would help to implement the City’s comprehensive plan. The site is adjacent Burns Road, a
principal arterial street as designated under the City’s Street Classification plan. Burns Road
contains an existing water main; sewer is being brought to the property from west Court Street
to the south.
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‐3 zoning and may be developed with
Single‐family dwellings, patio homes, townhouses, apartments, and condominiums.
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:
Land Use Goal LU‐4: increase community accessibility through proper land use planning.
Land Use Policy L U‐4‐B: Encourage infill and higher density uses within proximity to major
travel corridors and public transportation service areas.
The site is located immediately adjacent Burns Road, which is designated as a principal
arterial street and is planned to become a major travel corridor.
Land Use Policy LU‐4‐D: Designate areas for higher density residential developments
where utilities and transportation facilities enable efficient use of capital resources.
The proposed R‐3 zoning of the site will help to implement this policy for designating
higher density residential along Burns Road, which is both a major transportation and
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6
utility corridor.
Land Use Goal LU‐5: maintain a broad range of residential land use designations to accommodate
a variety of lifestyles and housing opportunities
Land Use Policy LU‐5‐A: Allow a variety of residential densities throughout the UGA
The proposed rezone would help to provide a variety of residential densities by providing
an area of small‐lot single‐family residential development.
Land Use Policy LU‐5‐B: Encourage higher residential densities within and adjacent to
major travel corridors, Downtown (Central Business District), and Broadmoor
R‐3 zoning would provide for higher density zoning along Burns Road, a major travel
corridor.
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.
Housing Policy H‐1‐B 1‐B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.
The site is also located in the Broadmoor Area Plan, which likewise identifies the site for Medium‐
Density Residential development.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Medium Density Residential development of the site would be compatible with the type and
density anticipated under the Pasco Comprehensive Plan Land Use Map. It is south of and
adjacent existing residential development and would be located east of and adjacent a planned
open space area. It is also located a convenient distance from a large mixed use interchange plan
designation which will include a variety of commercial services.
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‐3 zoning and may be developed with
Single‐family dwellings, patio homes, townhouses, apartments, and condominiums.
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.”
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7
The “Medium‐Density Residential” designation allows for R‐3 zoning and may be developed with
Single‐family dwellings, patio homes, townhouses, apartments, and condominiums.
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.
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.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that Lot 8 of Record Survey
#1932652, Section 7, Township 9 North, Range 29 East W.M. Pasco, Franklin County, Washington
(Parcel 115210038), located at Located along the south side of Burns Road, approximately three‐
quarters of a mile west of Broadmoor Boulevard, Pasco, WA, be rezoned from RT (Residential
Transition) to R‐3 (Medium‐Density Residential).
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DENTCOURT
SANDIFURBROADMOORBURNS
BROADMOORTOI182
BU R N S
I-182
BR O ADMO O R TO I 182
HARRISSHORE
L
I
NEI -1 8 2
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
Overview
Map
Item: The Dunes Rezone RT to R-3
Applicant: Caleb Stromstad c/o Big Sky Developers LLC
File #: Z 2021-015
Page 133 of 310
NOCKINGPOINTRDDENT RDE
AGLECREST DR
BURNS RDCITY LIMITS CITY LIMITS
0 350 700 1,100 1,400180
Feet
0 350 700 1,100 1,400180
Feet
Vicinity
Map
Item: The Dunes Rezone RT to R-3
Applicant: Caleb Stromstad c/o Big Sky Developers LLC
File #: Z 2021-015
Page 134 of 310
SFDUs SFDUs
SFDUs SFDUs
SFDUsSFDUsSFDUs
SFDUs
Communication
Agriculture Agriculture
Agriculture Agriculture
Agriculture
Vacant
NOCKINGPOINTRDDENT RDE
AGLECREST DR
BURNS RDCITY LIMITS CITY LIMITS
0 350 700 1,100 1,400180
Feet
Land Use
Map
Item: The Dunes Rezone RT to R-3
Applicant: Caleb Stromstad c/o Big Sky Developers LLC
File #: Z 2021-015
Page 135 of 310
RTR-1
R-1
C-1
RS-20
(County)
RS-20
(County)
RS-20
(County)RS-20
(County)NOCKINGPOINTRDDENT RDE
AGLECREST DR
BURNS RDCITY LIMITS CITY LIMITS
0 350 700 1,100 1,400180
Feet
Zoning
Map
Item: The Dunes Rezone RT to R-3
Applicant: Caleb Stromstad c/o Big Sky Developers LLC
File #: Z 2021-015
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Low Density
Residential
Medium Density
Residential
Medium High
Density
Residential
Office
Open Space
ParksNOCKINGPOINTRDDENT RDE
AGLECREST DR
BURNS RDCITY LIMITS CITY LIMITS
0 350 700 1,100 1,400180
Feet
Comp Plan
Map
Item: The Dunes Rezone RT to R-3
Applicant: Caleb Stromstad c/o Big Sky Developers LLC
File #: Z 2021-015
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Site
Burns Road
Broadmoor BlvdVicinity Map
Exhibit A
Adams Lot 8 Rezone Application
Big Sky DevelopersPage 138 of 310
Site
Franklin County Assessor’s Map
Exhibit B
Adams Lot 8 Rezone Application
Big Sky Developers
Parcel #: 115210038
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Site
Exhibit C
Adams Lot 8 Rezone Application
Big Sky Developers
Land Use Plan
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Existing Zoning
Exhibit D
Adams Lot 8 Rezone Application
Big Sky Developers
Site
Page 141 of 310
Future Street Classification System
Exhibit E
Adams Lot 8 Rezone Application
Big Sky Developers
SitePage 142 of 310
Parks, Schools and Open Space
Site
Exhibit F
Adams Lot 8 Rezone Application
Big Sky Developers NPage 143 of 310
Looking North
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Looking Northeast
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Looking East
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Looking Southeast
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Looking South
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Looking Southwest
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Looking West
Page 150 of 310
Looking Northwest
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Master File # -------
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CITY OF PASCO
PETITION FOR ZONE CHANGE
Date Submitted:
Owner Info
Fee. $82.S
-------
Applicant Info (if differen t than applicant)
Name: Name:
Big Sky Developers, LLC / Contact: Caleb Strornstad (Representative) Broadmoor Properties, LLC
Address: Address: 5426 North Road 68, Bo 0-113, Pasco, WA 6070 Lake Geneva Dr 99301 Reno, NV 89511-5074
Phone: Phone: (509)845-0208
Email: Email:
caleb@aqtera.com
Project Address: (no address) South of Burns Road, 3/4 mile west of Broadmoor Blvd.
Project Parcel Number: _1_15_2_1_0_0_3_8 ______________________ _
Current Zoning: R-T Residential Transition
Requested Zoning: R-3 Medium Density Residential
Describe the nature and effect of the proposed change: ________________ _
See attached sheet
Estimated time frame of development: ______________________ _
See attached sheet
Updated July 2019
Page 152 of 310
What conditions warrant the proposed rezone? ___________________ _
See attached sheet
How will the proposed rezone advance the health, safety, and general welfare of the community?
See attached sheet
What effect will the proposed change have on the value and character of adjacent property?
See attached sheet
How does the proposed rezone relate to the City's Comprehensive Plan? _________ _
See attached sheet
What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _
See attached sheet
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
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Fee for Rezone Environmental Checklist Radius Notification
IJ SEPA Checklist
�vada State of Vii'ssl 1i11gto1"81
County of ��fi�SL ss.
13 Site map
$700.00
$ 75.00 $ 50.00
$825.00
0 Fee of $825
F<:'e: $32:i
On this £ti' day of JJ�� 202/ , before me the undersigned, a Notary Public in andfor the State of i�duly commissioned an sworn, personally appeared� le C. f\cbms ---being duly sworn on his/her oath that he/she has preparedand read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this et°"'
Updated July 2019
Notary Public in and for the State of JrAM_�+R,g��e&tResiding at 1612.4 Nt'� f/4..0t.( 1 ge-y10; tJv' B95ll My Commission expires 5:f2 t-J'? 1 2oZf
Page 154 of 310
Adams Lot 8 Rezone Application Narrative Page 1 of 3
BIG SKY DEVELOPERS ADAMS LOT 8 – REZONE APPLICATION
PROJECT NARRATIVE
NOVEMBER 2021
Describe the nature and effect of the proposed change.
The proposed rezone would implement the City’s comprehensive plan by assigning an R-3 Medium
Density Residential zone on property located along Burns Road in West Pasco, approximately three-
quarters of a mile west of Broadmoor Boulevard (see attached Exhibit #A & #B.) The comprehensive
plan designates the site as suitable for Medium Density Residential (See attached Exhibit #C.) The
current zoning is R-T Residential Transition District. (See attached Exhibit #D.) Approval of the rezone
would result in a small lot single-family development on the 47.3-acre site.
Estimated time frame of development:
Project design and preliminary plat application submittal would immediately follow approval of this
rezone application, with Phase I final plat completed by end of 2022.
What conditions warrant the proposed rezone?
The existing zoning of RT – Residential Transition is intended to be a holding zone of sorts until
development of the area is appropriate, as seen from the purpose statement found in Section 25.15.010
of the zoning code which states:
The R-T district is intended to be applied or assigned to areas that are essentially
undeveloped, however, ultimately intended for suburban or urban residential use.
Classifications which would be inappropriate or premature to initially apply for a variety of
reasons, including promotion of unorderly growth or creation of public health and safety
problems resultant from the unavailability of urban services, should be avoided.
With recent and planned development occurring throughout west Pasco, rezone of the site is timely. An
existing water main capable of supporting new development, as identified in the Pasco Comprehensive
Plan is located adjacent to the site along Burns Road. The comprehensive plan designates the site as
suitable for medium density residential development, which is compatible with the purpose statement
of the R-3 zone (Section 25. 65.010):
The R-3 district is established to provide a medium density residential environment. Lands
within this district generally contain multiple-unit residential structures of a scale
compatible with the structures in low density districts and with useful yard spaces. The R-
3 district is intended to allow for a gradual increase in density from lower density
residential districts and, where compatible, can provide a transition between different use
areas.
How will the proposed rezone advance the health, safety, and general welfare of the community?
Development of the site with a small lot subdivision in conformance with R-3 zoning standards would
help to implement the City’s comprehensive plan. The site is located adjacent to Burns Road, a principal
arterial street as designated under the City’s Street Classification plan (see Exhibit #E). The site is
Page 155 of 310
Adams Lot 8 Rezone Application Narrative Page 2 of 3
adjacent to and east of property that is designated as a future park and open space area (see Exhibit #F)
and is located adjacent to Burns Road which contains an existing water main and planned sewer main
extension intended to serve future residential development.
What effect will the proposed change have on the value and character of adjacent property?
Medium Density Residential development of the site would be completely compatible with the type and
density anticipated under the Pasco Comprehensive Plan. It is south of and adjacent to existing
residential development and would be located east of and adjacent to a planned park area. It is also
located a convenient distance from a large mixed use interchange plan designation which will include a
variety of commercial services.
How does the proposed rezone relate to the City’s Comprehensive Plan?
The Comprehensive Plan designation of the site is Medium Density Residential, so the proposed rezoned
to Medium Density Residential is entirely consistent with the plan. Additionally, the rezone would help
to implement several policies contained within the plan as follows:
LU-4. GOAL: INCREASE COMMUNITY ACCESSIBILITY THROUGH PROPER LAND USE PLANNING.
LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and
public transportation service areas.
Comment: The site is located immediately adjacent to Burns Road, which is designated as a principal
arterial street and is planned to become a major travel corridor.
LU-4-D Policy: Designate areas for higher density residential developments where utilities and
transportation facilities enable efficient use of capital resources.
Comment: The proposed R-3 zoning of the site will help to implement this policy for designating higher
density residential along Burns Road, which is both a major transportation and utility corridor.
LU-5. GOAL: MAINTAIN A BROAD RANGE OF RESIDENTIAL LAND USE DESIGNATIONS TO
ACCOMMODATE A VARIETY OF LIFESTYLES AND HOUSING OPPORTUNITIES
LU-5-A Policy: Allow a variety of residential densities throughout the UGA
Comment: The proposed rezone would help to provide a variety of residential densities by providing an
area of small lot single family residential development.
LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors,
Downtown (Central Business District), and Broadmoor
Comment: R-3 zoning would provide for higher density zoning along a major travel corridor: Burns
Road.
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Adams Lot 8 Rezone Application Narrative Page 3 of 3
H-1. GOAL: ENCOURAGE HOUSING FOR ALL ECONOMIC SEGMENTS OF THE CITY’S POPULATION
CONSISTENT WITH THE LOCAL AND REGIONAL MARKET
H-1-A Policy: Allow for a full range of housing including single family homes, townhouses,
condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned
unit developments etc.
Comment: R-3 zoning of the project site will help to ensure a variety of housing types in a manner that
is consistent with the City’s land use plan.
H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community
shopping facilities and employment areas.
Comment: R-3 zoning of the site would help to implement this policy allowing higher intensity housing
along Burns Road, which is designated as an arterial street.
What effect will be realized by the owner(s) if the proposed rezone is not granted?
Denial of the proposed rezone would impair implementation of the City’s plan and reduce the property
owner ‘s ability to gain a return on their investment in the property.
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Community Dev elopment 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: 14 December 2021
Project Name: Adams Lot 8; "The Dunes" RT to C-1 Site Development Rezone
Project Number: SEPA 2021-091 Z 2021-015
Proponent:
Applicant:
Big Sky Developers, LLC
5426 N Road 68, Box D-113
Pasco, WA 99301
Caleb Stromstad of Aqtera Engineering
2705 St Andrews Loop, Ste C
Pasco, WA 99301
Description of Proposal: Rezone (Z 2021-015) of approximately 47.3 acres from RT
(Residential Transition) to R-3 (Medium-Density Residential} for Franklin County,
Washington Parcel 115210038, in anticipation of a future 280+ unit subdivision.
Location of Proposal:
General Location: south of and adjacent to Burns Road and approximately 3/4 mile west
of Broadmoor Boulevard, in Pasco, WA.
Legal: Parcel 8 of Record Survey #1932653, located in Section 7, Township 9 North, Range
29 East, W.M. Records of Franklin County, Washington.
Likely Mitigation Upon Project Application:
1.A professional archaeological survey of the project area be conducted and a report
be produced prior to ground disturbing activities, meeting DAHP's Standards for
Cultural Resource Reporting.
2.A traffic impact analysis (TIA) by a licensed traffic engineer at the proponent's
expense, analyzing the impacts to the 1-182 Exit 7 interchange.
3.Mitigation to offset the impacts (if any) as identified in the traffic impact analysis.
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
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agency. This information is available to the public on request. This MDNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the MDNS. Appeals must be filed ithi/_10 days of this determination.
1ck 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
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.
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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: Caleb Stromstad of Aqtera Engineering, acting on behalf of Big Sky Developers, LLC, has submitted a rezone
application (Z 2021-015) from RT (Residential Transition) to R-3 (Medium-Density Residential), for Parcel 8 of Record
Survey #1932653, located in Section 7, Township 9 North, Range 29 East, W.M. Records of Franklin County,
Washington (Parcel 115210038). Said property is situated south of and adjacent to Burns Road and approximately
3/4 miles west of Broadmoor Boulevard in Pasco, WA. 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 12 January 2022 . 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:
planning@pasco-wa.gov.
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on 12 January 2022
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 Rezone application (Z 2021-015) from RT to R-3 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 recommendation to City
Council on the Rezone application within ten (10) business days of the close of the public hearing.
Prepared 16 December 2021 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441
Page 160 of 310
AGENDA REPORT
FOR: City Council January 26, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Supplemental Agreement No. 1 - Court Street & Road 68
Intersection Improvements Project
I. REFERENCE(S):
Resolution
Supplemental Agreement
Original Professional Services Agreement (PSA)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ________, authorizing execution of
Supplemental Agreement No. 1 to Professional Services Agreement by the City
Manager with PBS Engineering & Environmental, Inc. for the Court Street &
Road 68 Intersection Improvements Project.
III. FISCAL IMPACT:
Professional Services Agreement $165,616.24
Supplemental Agreement No. 1
(proposed) $284,045.37
New PSA Total $449,661.61
This project (including construction) is funded through both a FHWA Surface
Transportation Block Grant (STBG) for $808,775 and the Arterial Fund (Fund
120) for $109,185.
IV. HISTORY AND FACTS BRIEF:
Court Street and Road 68 intersection connects two principal arterials.
Commercial and residential development along Road 68 has increased use of
this intersection. Southbound Road 68 traffic continuing turning east onto Court
Street must navigate multiple lanes of cross-traffic along Court Street. The
intersection was identified in the 2020 Local Road Safety Plan as a prioritized
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location of risk based on frequency and characteristics of collisions. Based on
safety concerns at this intersection, the City applied for and received grant
funding for the proposed improvements.
The City and PBS Engineering & Environmental, Inc. (PBS), entered into a
Professional Services Agreement on July 15, 2021, to provide design
engineering services for the project, up to 30% design. The scope of the original
agreement was intended to evaluate alternative solutions and advance the
design to a decision-making point; whether to construct a roundabout or install
a traffic signal at this intersection. From this evaluation, it has been determined
that a roundabout would provide the most cost -effective and long-term solution.
This decision informs the remainder of the scope on the work necessary to
complete the design and preparation of a bid package. This supplemental
agreement will allow PBS to complete design of the roundabout, and provide
right-of-way acquisition services and support the project through the bid process.
V. DISCUSSION:
Staff recommends Council approval of Supplemental Agreement No. 1 to the
Professional Services Agreement with PBS Engineering & Environmental, Inc.
for the Court Street & Road 68 Intersection Improvements Project in the total
amount of $284,045.37.
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Resolution – Supplement to PSA with PBS
Court Street & Road 68 Intersection Improvements Project – Design Services Resolution - 1
RESOLUTION NO. _________
A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL
AGREEMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT (PSA)
BY THE CITY MANAGER WITH PBS ENGINEERING &
ENVIRONMENTAL, INC. FOR THE COURT STREET & ROAD 68
INTERSECTION IMPROVEMENTS PROJECT.
WHEREAS, the City and PBS Engineering & Environmental, Inc. entered into a Local
Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement on July 15, 2021
to provide services up to 30% design with respect to the Court Street & Road 68 Intersection
Improvements project; and
WHEREAS, the work performed to date has aided in identifying the best solution for the
intersection to be improved and both parties are now able to better define the remainder of the
scope needed to complete the project design; and
WHEREAS, the City and PBS Engineering & Environmental, Inc. desire to enter into a
Supplemental Agreement to the previously executed Professional Services Agreement to include
additional design engineering and right-of-way acquisition services to complete the design of the
project (scope and fee).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That this Agreement is supplemented to allow PBS Engineering & Environmental, Inc. to
provide additional design and right-of-way acquisition services (scope & fee) as described within
Exhibit A, and
Be It Further Resolved that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Supplement on behalf of the City of
Pasco, and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
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Resolution – Supplement to PSA with PBS
Court Street & Road 68 Intersection Improvements Project – Design Services Resolution - 2
PASSED by the City Council of the City of Pasco, Washington, this ___ day of February
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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1
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PR71749.000
City of Pasco, Washington
Scope of Work: Court Street & Road 68 Intersection Improvements – Amendment #1
Design and Environmental Permitting
City of Pasco Project #19043
Fed Aid No. STPUL-9911(012)
PBS Engineering and Environmental Inc. (PBS) and their Consultant team have been selected by the City of
Pasco (City) to perform traffic and design engineering, environmental permitting, public involvement, right-of-
way (ROW), and other related professional services for the Court Street and Road 68 Intersection
Improvements Project (Project). Professional services will include evaluation of roundabout options, evaluation
of road section within the intersection, traffic engineering, National Environmental Policy Act (NEPA)
environmental process and permits, and utility coordination.
The project team currently includes:
· Kittelson & Associates, Inc. (Kittelson) – traffic analysis and design
· Reiss-Landreau Research – cultural resources investigation
· Universal Field Services – ROW process
The Project is funded with both local and federal dollars in support of design, ROW, and construction.
This phase of the project will take the analysis and design through the alternatives analysis phase with a
recommended alternative accepted by the City and then the design will continue through the project bid
opening.
I. Project Description and Background
Road 68 is a north–south principal arterial that is used heavily to move traffic within the City and Franklin
County. Similarly, Court Street is a west–east principal arterial, providing direct access between residential
areas and major commercial areas of the City. Development along Road 68 has increased usage of this
intersection. Southbound Road 68 traffic continuing south on Road 68 or turning east onto Court Street must
navigate multiple lanes of cross-traffic along Court Street. A significant number of traffic accidents have
occurred at this intersection, and the City has received grant funding to complete improvements. The
intersection was noted in the 2020 Local Road Safety Plan as a prioritized roadway location of risk based on
frequency and attributes of collisions.
The City has received funding from the Washington State Department of Transportation (WSDOT) through the
Federal Highway Administration (FHWA) Surface Transportation Block Grant Program (STBG) to augment local
funds in support of design, permitting, and securing the necessary property rights for the project. An
alternatives analysis and intersection-type evaluation was completed to identify the appropriate intersection
improvement.
The project limits are assumed to extend along W Court Street from N 66 Place to Hilbert Lane and along
Road 68, from approximately 350 feet to the north and 350 feet to the south, depending on the intersection
that will ultimately be selected.
II. Project Assumptions (Revised)
· Project is anticipated to go out to bid in winter 2022.
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· Project is anticipated to be constructed in 2023.
· City staff will provide historical as-built information for City roadway and utility features.
· The Scope of work assumes that a compact and full-size roundabout was analyzed as the potential
intersection improvement alternatives. This scope is being amended with preferred alternative
selection of the full-size roundabout.
· Meetings are assumed virtual within this scope of work until further notice regarding COVID-19
protocols.
· At City request geotechnical investigations will not be performed at this time. City will provide
approved pavement section and assumed existing soil conditions, including infiltration rates for use in
30% design. Additional geotechnical investigations may be requested at future date in support of
preferred alternative design.
· This amendment is being developed to modify original scope to account for alternative selection
process being adjusted to only reflect a roundabout intersection improvement and now consider
design services to Final PS&E.
· Project delivery schedule including associated design services will be expanded from January 2022
through to February 2023 in support of finalizing design and supporting the City with advertisement
of the construction bid package.
· No irrigation will be required for this project.
· NPEDS permit will not be required for this project and SWPPP will not be prepared by Consultant.
III. Scope of Work
Task 1: Project Management and Administration (Revised)
PBS shall oversee project tasks and coordinate with City representatives to manage the scope, schedule, and
budget for the design engineering phase through February 2023. The project is assumed to take up to 18
months to complete.
Contract Administration, Invoicing, and Progress Reports (Revised)
· Prepare and submit additional 13 monthly invoices. Each invoice will include date period covered by
invoice, number of hours worked during the billing period with billing rates shown; % complete for
fixed fee distribution, and expenses; total cost for labor, fee, and expenses for the billing period;
subconsultants fees for the billing period; and a total amount summarizing labor, expenses, and
subconsultant fees.
· Prepare a Project Summary Report (PSR) to accompany the additional 13 monthly invoices. The PSR
will list each invoice as well as current invoice with an itemized summary of invoice numbers, dates,
and amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice.
The PSR will also list the total amount billed to date, % complete for team, total amount remaining
under contract, potential risks, anticipated work for next invoice, and contract expiration date.
· Maintain required contract documentation for additional 13 months of project delivery. Provide
copies of project files and records to the City for audits and public information requests. Final
documents shall be provided in electronic format as requested.
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Meetings (Revised)
This item includes the coordination and meetings necessary to successfully complete the project. Assumed for
efforts through the life of the project will be scoped as virtual due to unknowns associated with COVID-19
restrictions.
· Additional 26 biweekly 30-minute virtual meetings with City staff.
· Additional 13 monthly project team 30-minute virtual coordination meetings.
· Additional two meetings with City staff with up to four (4) Consultant team staff after the review of
the 60% & 90% plan submittal to discuss comment responses.
· Two (2) one (1) hour meetings with City staff, WSDOT Local Programs, and two (2) Consultant team
staff after the 60% & 90% plan submittals to discuss project progress, schedule, and permitting
efforts.
Management, Coordination, and Direction (Revised)
· The Consultant shall provide additional management, coordination, and direction to the Project team
to complete the project on time and within budget. The City fosters a partnership approach of all
stakeholders in the Project. The Consultant shall integrate this strategy into the overall management
approach.
· Prepare and provide one additional design schedule update as circumstances require or as requested
by City. The schedule shall identify Consultant tasks and items provided by City and other consultants.
· The Consultant shall coordinate additional amendment Consultant tasks and activities with the City.
Assumptions:
The above scope of work is based upon the following assumptions:
1. Project extended 13 months to support project delivery through bid opening
2. Project meetings associated with amended scope will be held virtually until later notice or for future
scoped work
3. Single schedule update with this scope of work to include adjustments defined within this
amendment
Deliverables:
· Monthly invoices, Contract Summary Reports, and Project Status Reports
· Project documentation, upon request
· Meeting agendas and meeting summaries
· Design submittal comment review and response log
· Project schedule update
· Summary notes via email as needed based on coordination efforts
· QA/QC program
Task 2: Surveying and Preliminary Base Map for Design (Revised)
PBS will perform boundary resolution, topographic surveying, and data collection services to include the
following:
1. Establish a control network throughout the project limits based on the City of Pasco horizontal and
vertical datum (NAD 83/91 and NAVD88).
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2. Acquire controlled ortho rectified aerial imagery of the project area using PBS unmanned aerial
drones.
3. Conduct research of existing records for information on deeds, surveys, plats, road ROW and
easements along the project corridor.
4. The survey field crew will collect data (property corners, ROW/centerline monuments, control and
physical boundary/ROW features) in the project area and relevant to the project site. The project
surveyor will then review research and field data and determine the current ROW location. Current
City authorized survey field work at 24 hours with remaining 16 hours of field survey work within
estimate to be contingency requiring authorization in writing from City. Review City provided title
reports for adjacent properties where right of way acquisition will be needed.
5. Meet with City staff to discuss ROW issues discovered prior to preparing the preliminary base map.
6. Prepare a preliminary base map graphically showing the existing ROW and intersecting property lines
overlayed on the orthophotography for the design.
Base Map to be Completed in support of design and ROW Acquisition
Once the ROW has been resolved the resulting survey monumentation found during field reconnaissance
be defined within the site preparation and demolition plans showing the centerlines, ROW lines and found
monuments within the ROW along the project route.
· Perform topographic survey within project limits as generally described within the project
description.
· Prepare existing surface model reflecting collected topographic survey and break lines.
Base Map (No Change)
Site Visits & Project Photos (No Change)
Right of Way Acquisition, Legal Descriptions, and Sketch's (New)
· Prepare exhibit maps and legal descriptions for proposed right of way acquisition for each of the
five (5) affected properties. These will be prepared as exhibit attachments to the legal form, right of
way granting document, provided by the City’s legal counsel.
PARCEL TABLE A
Parcel Data Real Property Rights to Acquire
No. Tax Parcel
No Taxpayer / Owner Partial Fee
Simple
Temporary Construction
Easement (TCE)
1 118602067 Solbrack, Thomas C. X
2 118501041 Lamb 5, LLC X
3 119701412 Puckett, Melina (Successor Trustee) X X
4 119662054 Shanne, PLLC X X
5 119662027 Renz, Jeff & Leslie X
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Assumptions:
1. This scope developed understanding five (5) adjacent projects will be impacted by project with four
(4) anticipated TCEs and three (3) acquisitions.
2. This task level of effort is based on project description and no more than five (5) adjacent properties.
3. Washington Department of Natural Resources “Permit to Destroy” reports will not be prepared at this
point in the project.
4. Title reports will be provided by City of Pasco
5. No pre-construction survey or recording will be coordinated with County or developed with this
project.
6. Post construction, the contractor's surveyor shall monument the centerline and right of way as
indicated on the engineering plans, then file record of survey with County.
Deliverables:
· Draft and Final Right of Way plan in support of WSDOT right of way funding approval
· Draft and Final Legal Descriptions and Sketches for up to five (5) properties totaling seven (7)
documents
Task 3: Geotechnical Engineering (RESERVED)
Task 4: Traffic Engineering (Revised)
Traffic Analysis Report (Revised)
This subtask 4.1 within this amendment is replacing the original scope of work due to City direction to select
the roundabout alternative based on a previous study at the Court Street and Road 68 intersection.
Existing Transportation Facilities and Traffic Conditions
· Document existing roadway facilities, including the number of travel lanes, lane and shoulder widths,
presence of curbs and bridges within 600 feet of the Court Street/Road 68 intersection.
· Document the location and width of existing sidewalks, crosswalks, and pathways.
· Document existing pedestrian facilities, including desired origin and destination in the vicinity of the
study intersection.
· Document existing bikeway facilities, including the location of bike lanes and shoulders on Court
Street and Road 68.
· Consultant shall collect new weekday AM and PM peak hour turning movement counts at the Court
Street/Road 68 intersection. Compare to tube counts collected in 2018 to determine whether a
modification factor is appropriate to account for changes to travel patterns associated with the
ongoing COVID-19 pandemic.
· Summarize the existing conditions analysis that will be incorporated into the traffic analysis report.
Future No-Build Traffic Conditions
· Review base and future year 2040 projected traffic volumes (or most current available) using model
information provided by the Benton Franklin Council of Governments (COG).
o Kittelson will coordinate and obtain required model runs with the COG.
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· Coordinate with City staff to determine an appropriate growth rate for the 20-year horizon.
· Coordinate with City staff to obtain traffic studies for in-process developments which may impact
traffic through the study intersection and incorporate trips for these developments in the no-build
traffic volumes.
· Develop future 2040 weekday AM and PM peak hour traffic volume projections at the study
intersections.
· Travel demand validation: Future travel demand shall be estimated at the intersection to evaluate and
determine how it will operate with the projected traffic demand, and potential modification needs
shall be identified that accommodate future traffic demand.
· Summarize future no-build traffic conditions that will be incorporated into the traffic analysis report.
Future Build Traffic Conditions with Signal and Roundabout
· Conduct an alternative evaluation comparing potential traffic signal and roundabout at the study
intersection.
o Preliminary capacity, delay and traffic signal warrants shall be evaluated at the study intersection
to determine whether a new traffic signal will be needed in the future and when the signal will be
needed.
o Analyze roundabout operations at intersection under 2040 traffic conditions during the weekday
AM and PM peak hours. The capacity and delay will be evaluated for each roundabout approach
using the HCM 6th Edition methodology to confirm the appropriate roundabout size and number
of lanes needed to service the forecast traffic volumes.
Coordinate with WSDOT to develop a methodology for analyzing the capacity of a
compact roundabout alternative.
Analyze compact roundabout operations at the intersection under 2040 traffic
conditions during the weekday AM and PM peak hours.
Conduct a sensitivity analysis to identify the level of growth which could be
accommodated with a compact roundabout.
o Conduct a queuing analysis of projected 2040 weekday AM and PM peak hour conditions to
determine storage length needs at the project study intersections for the respective intersection
controls, as appropriate.
o Evaluate access locations within the intersection functional area relative to the Build traffic
operations analyses.
o If possible, identify low-cost interim improvement(s) that can be implemented in the near-term,
and estimate how long these improvements will preserve adequate capacity through the study
intersection.
· Sketch-level signal and roundabout design for up to three layouts.
o Review and discuss sketch concepts with the project design team. Work collaboratively with the
City and project design team to identify preferred roundabout concept for further refinement.
o Prepare additional sketch concepts for compact roundabout alternatives.
· Summarize future Build traffic conditions that will be incorporated into the traffic analysis report.
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o This portion of the report will document the preferred intersection traffic control for the key
intersection (signal, roundabout and compact roundabout).
Traffic Analysis Report
· Preparation of a draft and final traffic analysis report that summarizes the project elements above.
· Respond to draft report review comments and submit a final report.
· Coordination with the air quality and noise teams to provide Synchro reports (if roundabouts, output
files from HCM 6th Edition methodology) and preliminary channelization plans required for their
analyses. The volumes provided will be limited to average daily traffic, peak hour, and truck
percentage volumes on the four approaches to the study intersection.
Assumptions:
The above scope of work is based upon the following assumptions:
· The traffic data used for initial alternatives analysis is likely to rely on historical data with an
adjustment factor to account for impacts from COVID-19. Additional traffic data may be collected
by the City in September 2021 in validation of 30% design progress which will be used for final
traffic analysis.
· No intersection control analysis (ICA) will be conducted for the study intersection.
Deliverables:
· Draft and Final traffic analysis report
Conceptual Design Layouts (No Change)
Task 5: Environmental Review and Documentation (Revised)
Federal Level Permitting (No Change)
Cultural Resources (No Change)
NPDES Construction Stormwater General Permit (Reserved)
Task 6: Design Engineering (Revised)
The consultant will advance the selected preferred alternative design to support project permitting and future
contractor bidding. The Consultant team will be responsible to provide design engineering services for the
deliverables outlined below for the following submittals:
· Alternative analysis and memorandum
· 30% submittal
· 60% submittal
· 90% submittal
· Final submittal
· QA/QC
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Alternative Analysis and Design Alternative Memorandum (Revised)
This subtask 6.1 within this amendment is replacing the original scope of work due to City direction to select
the roundabout alternative based on a previous study at the Court Street and Road 68 intersection.
The consultant will support the City with a concept evaluation of the intersection considering both a compact
and full size roundabout. These two alternatives will be evaluated by the City following consultant
presentation of the two concept layouts, order of magnitude estimates, and broader construction staging
considerations. The preferred alternative selected by the City based on the supporting information provided
will then be documented through the development of a design alternative memorandum.
Design Criteria Development
The Consultant will summarize the roadway design standards and decisions in an excel spreadsheet for City
staff concurrence in support of alternative analysis. Standards will include but not be limited to:
· ROW
· Lane widths
· Curb return radii
· Roadway cross-section
· Roadway section depth
· Design speed
· Design vehicle
· Transition tapers
· Max. and min. profile grades
· Vertical curve criteria
Alternative Analysis
In cooperation with City staff, consultant shall work with the City to support alternatives selection for the
project and priorities to the City. This list of criteria will be used to select a preferred alternative based on
direction from the City and supported by the consultant. Conceptual design and conceptual comparison cost
estimates will be developed for each of the alternatives listed below in support of the preferred alternative
selection.
A design meeting will be held with the City and consultant to present the alternative concepts in support of
the City selection process. Aspects to be included in the alternative analysis will be:
· Compact Roundabout
· Full Sized Roundabout
Consultant shall develop each alternative to concept level design sufficient to establish horizontal construction
limits, quantities, and major construction activities. Each alternative shall have a horizontal alignment
developed that meets appropriate design standards. Consultant shall prepare a drawing stamped “concept”
for each alternative. The drawing shall utilize the consultant provided aerial imagery, GIS boundary, and
environmental data. Geometric design elements that do not meet design standards shall be identified as
needing a design exception. Consultant shall analyze each alternative and determine the potential benefits
and impacts associated with construction of the proposed alternative in support of preferred alternative
selection. Potential benefits and impacts to be considered include, but are not limited to, ROW, safety, utilities,
construction costs, permitting, public perception, expandable design, and environmental Impacts.
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This subtask will include a summary of the identified impacts and cost estimate associated with each
alternative documenting supporting information the City used to determine which alternative to move
forward to design and construction.
Design Alternative Memorandum
Aspects to be included in the design alternative memorandum will be:
· Description of selection process
· Concept drawings
· Concept costs
· APE
Deliverables:
· Draft and final alternatives design memorandum
· Concept alternative rendering for public outreach
30% Design (Revised)
The consultant will develop preliminary documents to the 30% design stage. These documents will be used to
assist the permit process. Review documents will consist of drawings, and a preliminary opinion of probable
construction cost. At this design level, the overall design layout, footprint, and geometrics of the project are
established, and all decisions required to generate construction details have been made. Roundabout
streetscape treatment will be identified through a team meeting and recommended approach for roundabout
streetscape design based in input from City regarding other City roundabouts. Specific tasks performed and
services provided by PBS are as follows:
1. Research and compile constructed roundabout examples.
2. Research and compile roundabout design guidelines.
3. Lead roundabout streetscape meeting for identifying possible treatments.
4. Compile and prepare a summary of meeting notes.
The 30% plans shall include:
· Cover sheet (1 Sheet)
· Civil legend sheet (2 Sheets)
· Typical sections (3 Sheets)
· Plan over profile sheets showing the following (5 Sheets):
o Basic roadway geometry
o Lane striping
o Bike and pedestrian facilities
o Existing and proposed ROW
o Preliminary stormwater layout
o Preliminary light pole locations
Deliverables:
· 30% plans and cost estimates (PDF of [11-inch by 17-inch] the plan set and cost estimate)
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60% Design (Revised)
The Consultant will address review comments on the 30% plans and develop construction documents to the
60% design stage. These documents will consist of plans, a bid item list, an opinion of probable construction
cost.
The 60% plans shall include:
1. Cover sheet (1 sheet)
2. General notes and legend sheet (2 sheet)
3. Typical sections (3 sheets)
4. Construction signing plan (1 sheet)
5. Construction staging plans (4 sheets)
6. Site-specific traffic control plans (3 sheets)
7. Site prep/demolition plans (3 sheets)
8. Erosion control and grading plans (3 sheets)
9. Erosion control notes detail sheets (1 sheet)
10. Plan over profile sheets showing basic roadway geometry information and stormwater layout (5
sheets)
11. Intersection layout and streetscape plan (1 sheet)
12. Splitter Island and ADA Ramp Grading plans (8 sheets)
13. Stormwater facility plan and detail sheet (2 sheets)
14. Signing and striping plans (6 sheets)
15. Illumination plans (3 sheets)
16. Miscellaneous details sheet (3 sheets)
· Detailed geometric layout of intersection and grading for ADA purposes.
· Updated cut and fill line determination.
· Stormwater analysis using HydroCAD software, basin delineation map, and storm system layout,
preliminary stormwater/hydrology report.
· Calculate quantities and prepare a 60% engineer’s estimate of construction costs shown on the Civil
plans.
· Submit 60% plan set and cost estimate for review
Deliverables:
1. 60% plans and cost estimates (PDF of [11-inch by 17-inch] the plan set and cost estimate)
2. Preliminary Stormwater Report
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90% PS&E Design (Revised)
The Consultant will address review comments from the 60% plans and develop construction documents to the
90% design stage. These documents will consist of plans, specifications, a bid item list, an opinion of probable
construction cost, an anticipated construction schedule, and integration of selected roundabout landscaping
concept into the design drawings.
The 90% plan set shall include the following sheets:
1. Cover sheet (1 sheet)
2. General notes and legend sheet (2 sheet)
3. Typical sections (3 sheets)
4. Construction signing plan (1 sheet)
5. Construction staging plans (4 Sheets)
6. Site-specific traffic control plans (3 sheets)
7. Site prep/demolition plans (3 sheets)
8. Erosion control and grading plans (3 sheets)
9. Erosion control notes detail sheets (1 sheet)
10. Plan over profile sheets showing basic roadway geometry information and stormwater layout (5
sheets)
11. Intersection layout and streetscape plan (1 sheet)
12. Splitter Island and ADA Ramp Grading plans (8 sheets)
13. Stormwater facility plan and detail sheet (2 sheets)
14. Signing and striping plans (6 sheets)
15. Signing and striping details (1 sheets)
16. Illumination plans (3 sheets)
17. Streetscape detail sheets (3 sheets)
18. Miscellaneous details sheet (3 sheets)
19. Standard detail sheets (7 sheets)
· Compile stormwater analysis from 60%, update the analysis to match the 90% level design and
prepare the updated stormwater/hydrology report.
· Compute quantities and prepare an engineer’s estimate of construction costs shown on the plans.
Identify which bid items will require special provisions.
· Prepare 90% level project specifications including current WSDOT amendments, GSP’s, and special
provisions necessary for this project.
· Submit 90% plan set, specifications, draft construction schedule, and cost estimate for review.
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Deliverables:
1. 90% PS&E (PDF of the plan set [11- by 17-inches], specifications, draft construction schedule, and cost
estimate)
2. Final Stormwater Report
Final PS&E Design (Update)
The Consultant will address review comments from the 90% plans and develop construction documents for
the Final design submittal. These documents will consist of plans, specifications, a bid item list, an opinion of
probable construction cost, and an anticipated construction schedule.
Address the 90% comments. Final design phase plan set shall include:
1. Cover sheet (1 sheet)
2. General notes and legend sheet (2 sheet)
3. Typical sections (3 sheets)
4. Construction signing plan (1 sheet)
5. Construction staging plans (4 sheets)
6. Site-specific traffic control plans (3 sheets)
7. Site prep/demolition plans (3 sheets)
8. Erosion control and grading plans [3 sheets])
9. Erosion control notes detail sheets (1 sheet)
10. Plan over profile sheets showing basic roadway geometry information and stormwater layout (5
sheets)
11. Intersection layout and streetscape plan (1 sheet)
12. Splitter Island and ADA Ramp Grading plans (8 sheets)
13. Stormwater facility plan and detail sheet (2 sheets)
14. Signing and striping plans (6 sheets)
15. Signing and striping details (3 sheets)
16. Illumination plans (3 sheets)
17. Streetscape details (3 sheet)
18. Miscellaneous details sheet (3 sheets)
19. Standard detail sheets (7 sheets)
· Address preliminary stormwater report comments and submit final stormwater report for approval.
· Prepare final special provisions as needed for nonstandard items shown on the plans and compile the
project specifications.
· Compute quantities and prepare an engineer’s estimate of construction costs.
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· Submit 100% plans, special provisions, and estimate for review.
· Address City review comments regarding the PS&E.
Deliverables:
1. Final plans, special provisions, construction schedule, and estimate
2. Final stormwater report
3. Bid documents
QA/QC
Consultant shall perform an internal QC Review prior to each Agency plan review submittal. Consultant shall
coordinate and perform QC checks on plans, design revisions and computations, estimates, and other
deliverables. Consultant shall coordinate between design disciplines so that the design is in conformance with
applicable Agency design standards (in place at time of Project), and that prior review comments have been
incorporated into the design.
Deliverables:
· Quality assurance compliance form with each submittal signed by PBS project manager
· Comment tracking spreadsheet responding to and closing agency review comments from previous
milestone submissions
Structural Engineering (RESERVED)
Task 7: Utility Coordination (Revised)
Utility Coordination
Utility Meetings (Revised)
Up to one (1) group utility meeting organized and facilitated to provide updated project information. Such
meetings will address known facilities, potential for impact, timing requirements for potential relocations, and
initial information of reimbursable requirements. Meetings will also allow the exchange of each utility’s
relocation plans with the other utilities in order to maximize compatibility of relocation designs and utility and
roadway construction sequencing. Meeting agendas and summaries will be prepared and transmitted to utility
representatives, City, and Consultant team members.
Conflict Identification, Analysis and Recommended Resolution (Revised)
PBS will identify and analyze utility conflicts and compile and distribute utility conflict lists involving
aboveground, surface, and underground conflicts, and make conflict resolution recommendations to utilities.
The Consultant will produce utility conflict plan sheets based on preliminary (60%) design plans and
accompanying utility conflict spreadsheets indicating conflict item number, type of utility, conflict status,
average cover during and after construction, whether utility is in or out of public right-of-way, and comments.
This subtask assumes six (6) different utility operators.
Finalize conflict analysis and conflict spreadsheets based on 90% design plans
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Conflict Notification and Utility Relocations (Revised)
Notify the impacted utilities and coordinate the efforts of the utility agencies in developing and executing a
plan for relocating utilities to resolve conflicts with the project design. As part of that effort:
Prepare and deliver to each involved utility owner a conflict notice with attached conflict list and map. Assume
up to six (6) different utility operators. Notice shall require a utility response in the form of a proposed facility
adjustment plan and schedule to complete the utility work. Allow each utility a 30-day period to respond with
a proposal from date of the notice.
Review utilities’ proposed relocation plans to verify that identified conflict items are addressed and that the
plans accommodate and conform to the construction requirements for the project. Provide written approval
of each utility’s relocation plan. Up to nine (9) total reviews will be performed for the utilities’ relocation plans
(average 1.5 per utility).
Assumptions:
· City will provide utility plans, GIS, and other supporting documents for City utilities within the project
corridor.
· PBS will coordinate with the following utility providers as part of this task:
o Cascade Natural Gas
o Franklin PUD
o Century Link
o Spectrum
o Franklin County Irrigation District (FCID)
o City of Pasco
· City of Pasco GIS and Public Works for City owned utilities.
· Utility design location fees, if any, are not included in Consultant’s costs and will be paid by the City if
required.
· Utilities will provide as-built system maps of their facilities within the project corridor.
· Additional ROW and/or easements that may be required for relocated utilities, is the responsibility of
the utilities or the City in the event of prior rights.
Deliverables:
1. Meeting agendas and summaries for each utility meeting (1 total)
2. Final contact & communication log.
3. Utility conflict memo at 60% plans
4. Conflict notice letters and attachments for each utility
5. 90% utility conflict analysis based on design plans
6. Review and comments on utility relocation plans
7. Joint utility trench coordination (assumes up to 6 utility companies)
Task 8: Public Involvement (No Change)
Public Involvement Plan (Reserved)
Stakeholder Outreach (No Change)
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Content for City Website & Communications (No Change)
City Council Meeting Presentations (No Change)
Task 9: ROW Activities (Revised)
Title/Ownership Review (No Change)
ROW Planning – Administrative Meetings/Team Coordination (No Change)
Public Outreach (No Change)
Right-of-Entry Agreements (No Change)
ROW Plan Development Support (No Change)
Preliminary ROW Funding Estimate (No Change)
Appraisal and Appraisal Review (Revised)
Upon completion of the RWFE, receipt of the “Obligation Letter” from FHWA to use federal funds for Right of
Way Acquisition, and as directed by the City, the real property valuation process can begin. UFS will
subcontract and manage completion of the property valuation process for each parcel through our state-
licensed and WSDOT-approved appraiser (Pacific Appraisal Associates, PLLC). Generally, those parcels in the
RWFE with estimated amounts of Just Compensation $25,000 or less and that are deemed uncomplicated
could qualify for the Appraisal Waiver process. The City is required to provide written authorization of each
appraisal review, establishing the amounts of Just Compensation to be offered to each property owner.
For purposes of this scope of work and related fee estimate, it is assumed three separate parcels (two with
fee and temporary construction easement (TCE) acquisitions and one with fee only acquisition) will require
appraisals and appraisal review reports, and two parcels (temporary construction easement only) will qualify
for the appraisal waiver process (See Parcel Table A below). Said reports will be completed in accordance with
the Uniform Standards of Professional Appraisal Practices (USPAP), WSDOT Local Agency Guidelines, and the
WSDOT Right of Way Manual (in particular Chapters 4 and 5). The total number of appraisal and appraisal
review reports are subject to project design revisions and appraisal waiver determinations approved by the
City.
PARCEL TABLE A
Parcel Data Real Property Rights to Acquire
No. Tax Parcel
No Taxpayer / Owner Partial Fee
Simple
Temporary Construction
Easement (TCE)
1 118602067 Solbrack, Thomas C. X
2 118501041 Lamb 5, LLC X
3 119701412 Puckett, Melina (Successor Trustee) X X
4 119662054 Shanne, PLLC X X
5 119662027 Renz, Jeff & Leslie X
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Assumptions:
· Three separate parcels, two with partial fee simple and temporary construction easement acquisitions
and one with fee only acquisition, and two parcels with temporary easement acquisition only.
· The three parcels with fee and TCE, and fee only acquisitions will require appraisals and appraisal
reviews. Two parcels with TCE only acquisitions will be valued through the appraisal waiver process,
no appraisal reviews required.
· The TCEs will not impact the continued business use of the properties.
Deliverables:
· Appraisal and appraisal review reports – Three (3) each
· Administrative Offer Summary reports – Two (2) each
Acquisition (Revised)
Upon receipt of written approvals from the City establishing the amounts of Just Compensation, UFS staff will
prepare offer packages and promptly present offers to purchase all the required real property interests, and
negotiate in good faith to reach a settlement with each property owner. Offers will be presented in person
when at all possible. If negotiations reach an impasse, UFS shall provide the City with written notification. If
necessary, UFS will attempt to secure administrative settlements or Voluntary Possession and Use Agreements
with the owner(s), allowing the project to move forward and allowing the property owner(s) additional time to
negotiate. As a last resort, if the owner is unwilling to agree to a Voluntary Possession and Use Agreement,
the file will be transmitted to the City’s legal staff for mediation or filing of a condemnation action. UFS will
provide limited technical support for all mediation or condemnation as required.
Assumptions:
· Majority of property owners are supportive of the project. Negotiations will be limited to the industry
standard of three (3) meaningful contacts to reach settlement.
Deliverables:
· Prepare offer packages – Five (5) each
· Present offers / conduct negotiations with the owners of five (5) separate parcels
Subtask 9.9: Parcel Closing (new)
Prior to sending a settled acquisition package to the City for payment and closing, UFS will request an update
on each title report from the designated title company, to ensure ownership has not changed and new
encumbrances or exceptions have not been recorded. Upon review of updated title information and
previously completed Parcel Title Summary & Risk Analysis Memos, UFS will provide advisory assistance to the
City in determining the most appropriate method of closing each transaction.
Subject to the City’s title closing policies, the method of closing can be completed in-house or through a
reputable escrow firm. Typically, the title company will provide escrow services.
In-house closing – Generally for low risk and uncomplicated title clearing, this method is subject to the City’s
title clearing policies and level of acceptable risk. The signed conveyance documents and payment vouchers
will be transmitted to the City for approval and processing. Simultaneously, UFS will coordinate with
recommendations to the City for taking title to certain exceptions and encumbrances.
Escrow closing- Generally for higher risk and complicated title clearing, this method will also consider the
City’s title clearing policies. The signed conveyance documents together with escrow instructions will be
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transmitted to the City for approval and signature. Once City approval is received, the transaction package
will be delivered to the designated escrow company for closing and recording. Albeit the escrow firm’s
responsibility, UFS will work with the escrow and title company in their effort to remove unacceptable
exceptions and to obtain title insurance policies for the City.
Assumptions:
· Title clearing of unacceptable encumbrances will be limited when offers to property owners are $10K -
$25K.
· Title clearing is not required when offers to property owners are $10K or less, subject to high priority
liens. Title clearing is also not required on parcels in which the only property right acquisition is a
TCE.
· Settlement packages will be delivered to the City for direct payment to property owners and
recording with the County.
· City staff will send copies of recorded documents and proof of payment to UFS via e-mail.
· UFS will provide assistance for parcels closed through a reputable escrow firm.
Deliverables:
· Complete updates of Parcel Title Summary and Risk Analysis Memos – Five (5) each
· Completed parcel files and records of all right of way acquisition services – Five (5) each.
Subtask 9.10 Right of Way Certification (new)
Since there are federal funds participating in the project, Right of Way Certification will be coordinated and
completed through WSDOT Real Estate Services and Local Programs. Right of way acquisition files will be
prepared and completed to the satisfaction of a WSDOT right of way review to support federal aid
participation. UFS will further coordinate right of way activities with WSDOT’s South Central Region Local
Agency Coordinator, Terri Brown, as needed throughout the project.
Deliverables:
· Right of way certification forms for WSDOT review and approval
· Transmittal of parcel files to WSDOT for certification review and approval.
Task 10: Construction Management
Bidding Support (Revised)
The Consultant during the construction of the project will provide limited bidding and engineering services as
follows.
Pre-Bid Opening Responsibilities:
· The Consultant shall respond to questions from prospective bidders and City staff before bid opening
in reference to the bid package.
· Prepare up to one (1) addendum
Deliverables:
· Answer pre-bid questions
· Prepare addendum
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IV. City Deliverables to the Client
City-Provided Information
Sample Projects
The City will provide copies of sample City projects, BA documents, and design guidelines. The City will also
provide electronic files of title blocks, ortho and aerial drawings and standard details for streets, traffic signal,
street lighting and other available details.
Project Coordination
The City will assist the Consultant in managing relationships with other jurisdictions involved in the project,
adjacent property owners and the public. The City will provide staff to meet and discuss the project with the
Consultant as needed. The City will provide written comments pertaining to the design submittals.
Pavement Design
The City will select the pavement type and structural sections based on the pavement recommendation
provided by the Consultant.
Utility List
The City will provide the Consultant with a list of local contacts for utilities within the project limits. Design
and plan preparation for the addition or relocation of utilities within the project limits will be done by others.
Streetlight and Traffic Signal Requirements
The City will provide the illumination type, the minimum illumination levels, and uniformity ratios to be used
in the project design. The City will also provide traffic signal design concepts, standards, and policies,
including traffic interconnect schemes as needed.
· Sample projects
· Project coordination
· Survey work and preliminary plans
· ROW plans, exhibits, and legal descriptions
· Right-of-entry permits
· Pavement type and structural sections selection
· Utility list
· Streetlight and traffic signal requirements
Roundabout Streetscape Concept
The city will provide an example streetscape concept(s) based on previously design City roundabouts to help
provide direction to Consultant team regarding streetscape approach. This would include elements such as
treatments in splitter and central islands of the roundabout that can be used as a starting point for the
Consultant team during design.
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TOTALPBSTraffic Cultural Right-of-WaySUB BUDGETTask and DescriptionENG-Prncpl (Greg J.)Engineer VIII (Dustin C.)Engineer VII (Cory K.)EngineerVI (Ryan B.)Engineer V (Michael B.)Engineer III (Clint N.)Engineer I (Alex W.)Public Involvement Manager (Alicia B.)Graphic Artist (Harriet D.)Sr. Scientist/Planner (Brian B.)Landscape Architect V (Robert P.)Design Technician IV (Omar G.)UAS Op (Derrick W.)Survey VI (Greg F.)Survey V (Alex M.)Survey II (General Local Office)Survey Crew (2-General Local Staff & Equipment)Writer/Editor (Megan O.)Administrator II (Jenna) ExpenseTOTAL Kittelson RLR UFS TOTAL AMOUNTTASK 1 - PROJECT MANAGEMENT AND ADMINISTRATION46,626.18 9,117.76 0.00 0.00 9,117.76 $55,743.94Subtask 1.1 Contract Administration, Invoicing, and Progress Reports (Revised)2.00 26.0026.00 8,945.72 1,987.561,987.56 $10,933.28Subtask 1.2 Meetings (Revised)22.00 6.50 32.50 3.00 6.50 6.50 6.003.0014,141.10 7,130.207,130.20 $21,271.30Subtask 1.3 Management, Coordination and Direction (Revised)104.0023,539.360.00 $23,539.36TASK 2 - SURVEY9,860.52 0.00 0.00 0.00 0.00 $9,860.52Subtask 2.1 Surveying and Base Map (No Change)0.000.00 $0.00Subtask 2.2 Site Visit & Project Photos (No Change)0.000.00 $0.00Subtask 2.3 Right of Way Acquisition, Legal Descriptions, and Sketche's (New)2.00 4.004.00 8.00 72.009,860.520.00 $9,860.52TASK 3 - GEOTECHNICAL ENGINEERING (RESERVED)TASK 4 - Traffic Engineering275.58 4,354.04 0.00 0.00 4,354.04 $4,629.62Subtask 4.1– Traffic Analysis Report2.00275.58 4,354.044,354.04 $4,629.62Subtask 4.2– Concept Design Layouts 0.000.00 $0.00TASK 5: ENVIRONMENTAL REVIEW AND DOCUMENTATION0.00 0.00 0.00 0.00 0.00 $0.00Subtask 5.1 - Federal Level Permitting (No Change)0.000.00 $0.00Subtask 5.2 - Cultural Resources (No Change)0.000.00 $0.00Subtask 5.3 - NPDES Construction Stormwater General Permit (Reserved)0.000.00 $0.00TASK 6: DESIGN ENGINEERING $114,121.36 31,757.72 0.00 0.00 31,757.72 $145,879.08Subtask 6.1 – Alternative Analysis (Revised)4.0016.00 4.002.003,635.660.00 $3,635.66Subtask 6.2: 30 Percent Design (Revised)0.00 1,015.701,015.70 $1,015.70Subtask 6.3: 60 Percent Design (Revised)36.00 56.00 222.006.00 14.002.00 16.0038,802.00 9,935.769,935.76 $48,737.76Subtask 6.4: 90 Percent PS&E Design (Revised)36.00 60.00 224.0012.00 24.002.00 4.0040,524.38 12,158.3212,158.32 $52,682.70Subtask 6.5: Final PS&E Design (Revised)16.00 36.00 96.006.00 12.0018,932.72 5,556.745,556.74 $24,489.46Subtask 6.6: QA/QC (Revised)20.00 42.006.0012,226.60 3,091.203,091.20 $15,317.80Subtask 6.7: Structural Engineering (Reserved)0.000.00 $0.00TASK 7: UTILITY COORDINATION5,996.50 2,119.76 0.00 0.00 2,119.76 $8,116.26Subtask 7.1- Utility Coordination (Revised)2.00 24.00 2.00 12.005,996.50 2,119.762,119.76 $8,116.26TASK 8: PUBLIC INVOLVEMENT 0.00 0.00 0.00 0.00 0.00 $0.00Subtask 8.1 - Public Involvement Plan (Reserved)0.000.00 $0.00Subtask 8.2 - Stakeholder Outreach (No Change)0.000.00 $0.00Subtask 8.3 - Content for City Website & Communications (No Change)0.000.00 $0.00Subtask 8.4 - City Council Meeting Presentations (No Change)0.000.00 $0.00TASK 9: RIGHT OF WAY2,657.32 0.00 0.00 30,038.09 30,038.09 $32,695.41Subtask 9.1 – Title/Ownership Review (No Change)0.000.00 $0.00Subtask 9.2 – ROW Planning - Administrative Meetings/Team Coordination (No Change)0.000.00 $0.00Subtask 9.3 – Public Outreach (No Change)0.000.00 $0.00Subtask 9.4 – Right-of-Entry Agreements (No Change)0.000.00 $0.00Subtask 9.5 – ROW Plan Development Support (No Change)0.000.00 $0.00Subtask 9.6 – Preliminary ROW Funding Estimate (No Change)0.000.00 $0.00Subtask 9.7 – Appraisal and Appraisal Review (Revised)0.003,188.85 3,188.85 $3,188.85Subtask 9.8 – Acquisition (Revised)2.008.001,555.0023,042.75 23,042.75 $24,597.75Subtask 9.9 - Parcel Closing (New)4.00551.162,325.45 2,325.45 $2,876.61Subtask 9.10 - Right of Way Certification (New)4.00551.161,481.04 1,481.04 $2,032.20TASK 12: CONSTRUCTION MANAGEMENT2,557.16 2,539.38 0.00 0.00 2,539.38 $5,096.54Subtask 10.1– Bid Support (Revised)4.008.00 6.002,557.16 2,539.382,539.38 $5,096.54Reimbursable Expenses 0.00 0.00 0.00 22,024.00 22,024.00 $22,024.00Copies0.000.00 $0.00Expenses0.0020,680.00 20,680.00 $20,680.00Travel0.001,344.00 1,344.00 $1,344.000.00$0.00TOTAL HOURS2.00 184.00 42.00 120.50 232.50 3.00 570.50 6.50 0.00 6.00 30.00 50.00 0.00 4.00 15.00 92.00 0.00 2.00 26.00MAX HOURLY RATES308.18226.34160.26173.72137.79132.7891.58192.6193.65144.23161.48119.35113.49183.46147.7797.86195.0079.6794.02TOTAL DOLLARS616.36$ 41,646.56$ 6,730.92$ 20,933.26$ 32,036.18$ 398.34$ 52,246.39$ 1,251.97$ -$ 865.38$ 4,844.40$ 5,967.50$ -$ 733.84$ 2,216.55$ 9,003.12$ -$ 159.34$ 2,444.52$ -$ 182,094.62$ 49,888.66$ -$ 52,062.09$ 101,950.75$ $284,045.37EXHIBIT B-2Court Street and Road 68 - Design and Permitting Amendment #1SUBCONSULTANTSPBS Engineering and Environmental(Engineering/Management)Page 185 of 310
Court Street & Road 68
Kittelson Draft Fee - Amendment 1 Kittelson BUDGET
Task and Description Hermanus
Kristine /
Jamestaun Engineer Analyst Expense TOTAL AMOUNT
TASK 1 - PROJECT MANAGEMENT AND ADMINISTRATION $9,117.76
Subtask 1.1 Contract Administration, Invoicing, and Progress Reports 0.00 12.00 0.00 0.00 0.00 0.00 0.00 1,987.56 $1,987.56
- Prepare monthly progress reports (Assume 12 months)12.00
Subtask 1.2 Meetings (VIRTUAL ONLY)23.50 6.50 0.00 0.00 0.00 0.00 0.00 7,130.20 $7,130.20
- Kick-off meeting with City Staff (1)
- NEPA Kickoff Meeting (1)
- City Council Presentation (2)
- Client Bi-Weekly 30-minute PM Coord Meetings (26)13.00
- Design Team Monthly 30-minute Meetings (13)6.50 6.50
- Alt Analysis City Workshop Coordination Meetings (2)
- City Comment/Response Meeting @ 30% (1)
Two additional 2-hour meetings with City (60% and 90%) 4.00
Subtask 1.3 Management, Coordination and Direction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- Contract and Team Management
TASK 2: SURVEY $0.00
Subtask 2.1- Place Text Here 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- PLACE TEXT HERE
TASK 3: GEOTECHNICAL ENGINEERING $0.00
Subtask 2.1- Place Text Here 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- PLACE TEXT HERE
TASK 4 - Traffic Engineering $4,354.04
Subtask 4.1– Traffic Analysis Report 5.00 10.00 1.00 12.00 0.00 0.00 0.00 4,354.04 $4,354.04
- Existing Transportation Facilities and Traffic Conditions
- Future No-Build Traffic Conditions
- Future Build Traffic Conditions 4.00 6.00 1.00 12.00
- Traffic Analysis Report 1.00 4.00
Subtask 4.2– Conceptual Design Layouts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- Initial CAD layout of preferred roundabout layout
- Evaluate accesses along approaches
TASK 5: ENVIRONMENTAL REVIEW AND DOCUMENTATION $0.00
Subtask 5.1: Environmental Permitting 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- PLACE TEXT HERE
Subtask 5.2: Cultural Resources 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- PLACE TEXT HERE
TASK 6: DESIGN ENGINEERING $31,757.72
Subtask 6.1: Alternative Analysis and Memorandum 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- PLACE TEXT HERE
Subtask 6.2: 30 Percent Design 1.00 2.00 0.00 4.00 0.00 0.00 0.00 1,015.70 $1,015.70
- Street light pole layouts 1.00 2.00 4.00
Subtask 6.3: 60 Percent Design 6.00 12.00 0.00 60.00 0.00 0.00 0.00 9,935.76 $9,935.76
- Peer review roadway, construction staging, landscaping 2.00 4.00
- Prepare Signing and Striping Plans 2.00 4.00 32.00
- Prepare Illumination Plans 2.00 4.00 28.00
Subtask 6.4: 90 Percent Design 8.00 12.00 0.00 76.00 0.00 0.00 0.00 12,158.32 $12,158.32
- Peer review roadway, construction staging, landscaping 4.00 4.00
- Prepare Signing and Striping Plans 2.00 4.00 40.00
- Prepare Illumination Plans 2.00 4.00 36.00
Subtask 6.5: Final PS&E Design 4.00 8.00 0.00 30.00 0.00 0.00 0.00 5,556.74 $5,556.74
- Prepare Signing and Striping Plans 2.00 4.00 16.00
- Prepare Illumination Plans 2.00 4.00 14.00
Subtask 6.6: QA/QC 12.00 0.00 0.00 0.00 0.00 0.00 0.00 3,091.20 $3,091.20
- Quality Control Reviews 12.00
TASK 7: UTILITY COORDINATION $2,119.76
Subtask 7.1- Utility Coordination 4.00 4.00 0.00 4.00 0.00 0.00 0.00 2,119.76 $2,119.76
- Participate in one meeting 4.00 4.00 4.00
TASK 8: PUBLIC INVOLVEMENT $0.00
Subtask 8.1- Public Involvement Plan 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- Support team about roundabouts 0.00
- Prepare for and participate in 2 virtual City Council Meetings 0.00
TASK 9: RIGHT OF WAY $0.00
Subtask 9.1- Place Text Here 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
- PLACE TEXT HERE
TASK 10: CONSTRUCTION MANAGEMENT 0.00 $2,539.38
Subtask 10.1– Bid Support 6.00 6.00 0.00 0.00 0.00 0.00 0.00 2,539.38 $2,539.38
- Pre-Bid Opening 6.00 6.00
- Preconstruction conference
- Construction contract administration
- Review submittals
- Monitor permit requirements
Reimbursable Expenses $0.00
Copies 0.00 $0.00
Expenses 0.00 $0.00
Travel 0.00 $0.00
0.00
TOTAL HOURS 63.50 60.50 1.00 126.00 0.00 0.00
MAX HOURLY RATES 257.60 165.63 129.22 106.71
TOTAL DOLLARS 16,357.60$ 10,020.62$ 129.22$ 13,445.46$ -$ -$ -$ 49,888.66$ $49,888.66
EXHIBIT B-2
Kittelson & Associates, Inc.
(Engineering/Management)
Page 186 of 310
TOTALTask and DescriptionNOTE: This estimate is NOT based on an approved ROW plan. It pertains only toSubtasks 9.7 & 9.8 (revised) and 9.9 & 9.10 (new). ROW OversightSenior ROW Acquisition SpecialistTitle / Escrow SpecialistSenior Administrative SpecialistTotal MileageTOTAL HOURS Kittelson RLR UFS TOTAL AMOUNTTASK 9: RIGHT OF WAYSubtask 9.7 – Appraisal & Appraisal Review, and AOS (incl. on-site appraisal inspections, each)5.0 25.0 0.0 7.5 300.0 37.5$3,188.85Subtask 9.8 – Acquisition (5 larger parcels)7.5 236.0 7.5 8.0 2100.0 259.0$23,042.75Subtask 9.9 - Parcel Closing (5 larger parcel files)2.5 10.0 15.0 5.0 0.0 32.5$2,325.45Subtask 9.10 - Right of Way Certification (5 larger parcel files)2.0 12.0 0.0 3.5 0.0 17.5$1,481.04Reimbursable Expenses Mileage at $0.560 per mile or the approved IRS rate at the time mileage is incurred.1,344.00$ 1,344.00$ Appraisal fee (3 each)$14,100.00Administrative Offer Summary fee (2 each)$3,000.00Appraisal review fee (3 each)$3,300.00Postage280.00$ Total reimbursable expenses22,024.00$ TOTAL HOURS17 283.0 22.5 24.0MAX HOURLY RATES111.80$ 90.53$ 59.75$ 48.88$ TOTAL DOLLARS1,900.60$ 25,619.99$ 1,344.38$ 1,173.12$ $- $- $- $- $- $- 52,062.09$ Court Street and Road 68 - Design and Permitting Amendment #2December 16, 2021UFSSUBCONSULTANTSPage 187 of 310
Local AgencyA&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:21-034
Firm/Organization Legal Name (do not use dba’s):
PBS Engineering and Environmental,Inc.
Address Federal Aid Number
4412 S Corbett Ave.Portland,OR 97239 STPUL-9911(012)
UBI Number Federal TIN or SSN Number
601 152 088 93-0870218
Execution Date Completion Date
12/31/2023
1099 Form Required Federal Participation
Yes No Yes No
Project Title
Court St and Road 68 Intersection Improvements (#19043)
Description of Work
This project will consist of the design and construction of intersection control measures.This intersection has
proven to be unsafe and in need of improvement due to an increase in the Average Daily Traf?c (ADT)
demands associated with the development in the area that has added additional Vehicles to this intersection .
WSDOT Agreement No.LA-9853
City Project No.19043
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit I
Exhibit J
El Yes No DBE Participation Total Amount Authorized:$160,616.24
1:1Yes No MBE Participation Management Reserve Fund:$5,000.00
|:|Yes No WBE Participation
'':$165,616.24|:|Yes No SBE Participation
Mammum Am°”"t Payable
Index of Exhibits
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
Certi?cation Documents
T Z.-.1-.J1J+n T«««««««nn Tnnnnn ?n
JAILILIALALJ Lnnovuutlvv J.LLv.1vuo\.«
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Agreement Number:21-03 4
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
Revised 02/01/2021
(G-4 is not Required)
E‘uL.1LZ+II
..I_llLA.11l.lLb 4;
Page 188 of 310
THIS AGREEMENT,made and entered into as shown in the “Execution Date”box on page one (1)of this
AGREEMENT,between the City of Pasco (WA),
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 suf?cient 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 signi?ed 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—describedSERVICES as herein de?ned,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.
Ill.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 of?cials,
groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT
suf?cient 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 fonn approved by the AGENCY,which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
suf?cient 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:21-034
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 02/01/2021 Page 189 of 310
tv 9 Q g
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14
Agreement Revised 02/01/2021
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 ?rms are utilized at the
commencement of this AGREEMENT,the amounts authorized to each ?rm and their certi?cation 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 certi?ed ?rm 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 opportunitiesare not.
The CONSULTANT,on a monthly basis,shall enter the amounts paid to all ?rms (including Prime)
involved with this AGREEMENT into the wsdot.diversi com liance.com ro ram.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 ?les,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,speci?cations,documents,and other work products,including all electronic ?les,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)certi?ed mail,return receipt requested,or (ii)by email or facsimile,to the address set forth below‘
If to AGENCY:If to CONSULTANT:
Name:Dustin C Wittman Name:Dustin E.Cooley
Agency:City of Pasco Agency:PBS Engineering and Environmental,Inc.
Address:525 N.3rd Ave Address:400 Bradley Blvd,Ste 106
City:Pasco State:WA Zip:99301 City:Richland State:WA Zip:99352
Email:wittmand@pasco-wa.gov Email:dustin.cooley@pbsusa.com
Phone:509-545-3447 Phone:971-303-3057
Facsimile:(509)543-5728 Facsimile:866-727-0140
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:21-034
Page 190 of 310
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,
speci?ed in Section II,“Scope of Work”.The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 ().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 ?xed fee.The actual cost shall include direct salary cost,indirect cost rate,
and direct non—salarycosts.
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 ful?ll 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 veri?ed 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 ?rm’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 ?scal 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 re?ect the actual rate.The ICR schedule will
be sent to Email:.
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 identi?ed 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 identi?able with the PROJECT.The CONSULTANT shall maintain
the original supporting documents in their of?ce.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:21-034
Local Agency A&E Professional Services Cost’Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised 02/01/2021
Consu1tantRates@wsdot.wa.
Www.ecfr.gov
Page 191 of 310
4 Fixed Fee:The Fixed Fee,which represents the CONSULTANT’S pro?t,is shown in attached Exhibits “D”
and “E”of this AGREEMENT.This fee is based on the Scope of Work de?ned in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work.In the event the CONSULTANT
enters into a supplementalAGREEMENT 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 ?nal 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 ?exibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already de?ned 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 interviewsmay 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 veri?cation 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 speci?cally 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 ?nal audit;all required adjustments will be made and reflected in a ?nal payment.In the event that such
?nal 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 ?nding by the AGENCY of
overpayment.The CONSULTANT has twenty (20)working days after receipt of the ?nal POST AUDIT to
begin the appeal process to the AGENCY for audit ?ndings.
Agreement Number:21-034
Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
Revised 02/01/2021 Page 192 of 310
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 ?nal
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 Of?ce 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 identi?ed 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 ?xed 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 ?nal 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 39.76.01].
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
?de 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 ?de 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:21-034
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14
Revised 02/01/2021 Page 193 of 310
CompensationAct 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
AGIUEEMENT,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 SubchapterV §794).49 CFR Part 26
-Age Discrimination Act of 1975
(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.
°RCW 49.60.180
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 ?nal payment shall be made to the CONSULTANT for actual hours charged and any appropriate
?xed 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 ?nal 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:21-03 4
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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 ?rm 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 fonnula 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 ?xed 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 of?cer 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 disaf?liation 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 bene?cial 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,?nal 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 ?nd
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 ?nal 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:21-034
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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 of?cers 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 of?cers and employees against and hold harmless
the STATE and the AGENCY and their of?cers 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,of?cers,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,of?cers,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 of?cers
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,of?cers 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’,of?cers’and employees’failure to comply
with speci?c written instructions regarding use provided to STATE and/or AGENCY,their agents,of?cers 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 speci?cally 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 indemni?cation
and defense,the CONSULTANT speci?cally waives any immunity under the state industrial insurance law,Title 51
RCW.This waiver has been mutually negotiated between the Parties.
Agreement Number:21-034
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Unless otherwise speci?ed 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 l2 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 of?cers,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
veri?cation of insurance and endorsements required by this AGREEMENT.The AGENCY reserves the right to
require complete,certi?ed 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 veri?cation of insurance as outlined above within fourteen (14)days of the
execution of this AGREEMENT to:
Name:Dustin C Wittman
Agency:City of Pasco (WA)
Address:525 N.3rd Ave
City:Pasco State:WA Zip:99301
Email;wittmand@pasco-wa.gov
Phone:509-545-3447
Facsimile;(509)543-5728
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:21 -034
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The parties enter into this AGREEMENT for the sole bene?t of the parties,and to the exclusion of any third party,
and no third party bene?ciary 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 (3 0)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 ?nal
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 speci?c written supplement
to this AGREEIVIENT.
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-l(a and b)”are the Certi?cations of the CONSULTANT and the AGENCY,Exhibit
“G-2”Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters -Primary Covered
Transactions,Exhibit “G-3”Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G—4”Certi?cate 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
?ve hundred thousand dollars ($5 00,000.00.)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:21-034
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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
modi?cations 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 AGREEIWENT 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 Con?dential Infonnation”).The “State’s Con?dential Infonnation”includes,but is
not limited to,names,addresses,Social Security numbers,e-mail addresses,telephone numbers,?nancial pro?les,
credit card infonnation,driver’s license numbers,medical data,law enforcement records (or any other information
identi?able to an individual),STATE and AGENCY source code or object code,STATE and AGENCY security
data,non-public Speci?cations,STATE and AGENCY non-publicly available data,proprietary software,State
security data,or infonnation 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 Con?dential Information in strictest con?dence
and not to make use of the State’s Con?dential 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 Con?dential 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 Con?dential
Information;or (ii)returned all of the State’s Con?dential Information to the AGENCY;or (iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Con?dential Information.
As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following:
the State’s Con?dential Information received in the performance of this AGREEMENT;the purpose(s)for which
the State’s Con?dential Information was received;who received,maintained and used the State’s Con?dential
Information;and the ?nal disposition of the State’s Con?dential Infonnation.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 Con?dential 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:21-034
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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 Con?dential Information,monetary damages,or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or con?dential during the term of this AGREEMENT.The parties agree to maintain the
con?dentiality of such information during the term of this AGREEMENT and afterwards.All materials containing
such proprietary and/or con?dential information shall be clearly identi?ed and marked as “Con?dential”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 con?dential
and/or proprietary in nature:(a)at the commencement of the term of this AGREEMENT;or (b)as soon as such
con?dential or proprietary material is developed.“Proprietary and/or con?dential 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
unaf?liated 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 con?dentiality of all such information marked proprietary and/
or con?dential or otherwise exempt,unless such disclosure is required under applicable state or federal law.If a
public disclosure request is made to View materials identi?ed as “Proprietary and/or con?dential 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 speci?ed.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or con?dential information.The CONSULTANT noti?cation 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 ?nal 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 ?ndings 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:21-034
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July 9,2021
Date
Digitally signed by
Gregory Jellison
Date:2021.07.09
11:48:55-O7'O0'
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,SQLdatabases,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,?oppy 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 ?les”are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created,viewed,and /or modi?ed.
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.
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Any modi?cation,change,or reformationof this AGREEMENT shall require approval as to formby the O?c
eoftheAttorneyGeneral.
Agreement Number:21-034
Signatur
Signatur Dat
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Project No.19043 &STPUL—9911
ExhibitA
Scope of Work
Agreement Number:21-034
Exhibit A -Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
See Attached
Page 202 of 310
E PBS
June 2021
PR71749.000
City of Pasco,Washington
Scope of Work:Court Street 8:Road 68 Intersection
Improvements
Design and Environmental Permitting Through 30%Plans
City of Pasco Project #19043
Fed Aid No.STPUL-9911(012)
PBS Engineering and Environmental Inc.(PBS)and their Consultant team have been selected by the City of
Pasco (City)to perform traffic and design engineering,environmental permitting,public involvement,right-of-
way (ROW),and other related professional services for the Court Street and Road 68 Intersection
Improvements Project (Project).Professional services will include evaluation of roundabout and traffic signal
options,evaluation of road section within the intersection,traffic engineering,National Environmental Policy
Act (NEPA)environmental process and permits,and utility coordination.
The project team currently includes:
0 Kittelson 8LAssociates,Inc.(Kittelson)—traffic analysis and design
0 Reiss—Landreau Research —cultural resources investigation
0 Universal Field Services —ROW process
The Project is funded with both local and federal dollars in support of design,ROW,and construction.
This phase of the project will take the analysis and design through the alternatives analysis phase with a
recommended alternative accepted by the City and then the design will continue through the 30%phase.
Upon City approval of the recommended alternative a supplement agreement will be prepared to complete
the project design,permitting,and ROW acquisition.It is assumed that this first phase of the project design
will last up to five months.
I.Project Description and Background
Road 68 is a north—south principal arterial that is used heavily to move traffic within the City and Franklin
County.Similarly,Court Street is a west—east principal arterial,providing direct access between residential
areas and major commercial areas of the City.Development along Road 68 has increased usage of this
intersection.Southbound Road 68 traffic continuing south on Road 68 or turning east onto Court Street must
navigate multiple lanes of cross-traffic along Court Street.A significant number of traffic accidents have
occurred at this intersection,and the City has received grant funding to complete improvements.The
intersection was noted in the 2020 Local Road Safety Plan as a prioritized roadway location of risk based on
frequency and attributes of collisions.
The City has received funding from the Washington State Department of Transportation (\NSDOT)through the
Federal Highway Administration (FHWA)Surface Transportation BlockGrant Program (STBG)to augment local
funds in support of design,permitting,and securing the necessary property rights for the project.An
alternatives analysis and intersection—type evaluation will be completed to identify the appropriate
intersection improvement.
Page 203 of 310
M
Scope of Work:Intersection Improvements
City of Pasco
The project limits are assumed to extend along W Court Street from N 66 Place to Hilbert Lane and along
Road 68,from approximately 350 feet to the north and 350 feet to the south,depending on the intersection
that will ultimately be selected.
II.Project Assumptions
Project is anticipated to go out to bid in winter 2022.
Project is anticipated to be constructed in 2023.
City staff will provide historical as-built information for City roadway and utility features.
The Scope of work assumes that a low-cost solution,signal,and roundabout will be analyzed as the
potential intersection improvement alternatives.This scope will need to be amended after a preferred
alternative is accepted by the City to facilitate a smooth transition to ROW funding approval following
the 30%submittal package.
Meetings are assumed virtual within this scope of work until further notice regarding COV|D—19
protocols.
At City request geotechnical investigations will not be performed at this time.City will provide
approved pavement section and assumed existing soil conditions,including infiltration rates for use in
30%design.Additional geotechnical investigations may be requested at future date in support of
preferred alternative design.
Ill.Scope of Work
Task 1:Project Management and Administration (PBS)
PBS shall oversee project tasks and coordinate with City representatives to manage the scope,schedule,and
budget for the design engineering phase.The current phase of the project is assumed to take up to five
months to complete
Subtask 1.1:Contract Administration,Invoicing,and Progress Reports
2
Prepare and submit monthly invoices.Each invoice will include date period covered by invoice,
number of hours worked during the billing period with billing rates shown;%complete for fixed fee
distribution,and expenses;total cost for labor,fee,and expenses for the billing period;subconsultants
fees for the billing period;and a total amount summarizing labor,expenses,and subconsultant fees.
Prepare a Project Summary Report (PSR)to accompany the monthly invoices.The PSR will list each
invoice as well as current invoice with an itemized summary of invoice numbers,dates,and amounts
billed for labor,expenses,and subconsultants as well as total amounts for each invoice.The PSR will
also list the total amount billed to date,%complete for team,total amount remaining under contract,
potential risks,anticipated work for next invoice,and contract expiration date.
Maintain required contract documentation.Provide copies of project files and records to the City for
audits and public information requests.Final documents shall be provided in electronic format as
requested.
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Subtask 1.2:Meetings (PBS 8L Subs)
This item includes the coordination and meetings necessary to successfully complete the project.Assumed for
efforts up to 30%level meetings will be scoped as virtual clue to unknowns associated with COVID-19
restrictions.
Preparation for and attendance at project kick—offmeeting with City Staff including up to five
Consultant team staff attending a 2-hour kick—offmeeting.
Preparation and attendance at NEPA kick-off virtual meeting with City Staff,WSDOT Local Programs,
and WSDOT Environmental staff including up to three Consultant team staff attending a 1-hour NEPA
kick—offmeeting.
Up to 10 biweekly 30-minute virtual meetings with City staff.
Up to 5 monthly project team 30-minute virtual coordination meetings.
Preparation for and attendance for two additional 1-hour project coordination meeting with City staff
including and up to four Consultant team staff to hold an alternative analysis workshop and to resolve
findings including selection of preferred alternative.
Citv Council Presentation and attendance for two 1-hour City Council meetings attended by two
consultant team staff (See Public Involvement subtask 8.4).
Meet with City staff with up to four Consultant team staff after the review of the 30%plan submittal
to discuss comment responses.
Subtask 1.3:Management,Coordination,and Direction
The Consultant shall provide management,coordination,and direction to the Project team to
complete the project on time and within budget.The City fosters a partnership approach of all
stakeholders in the Project.The Consultant shall integrate this strategy into the overall management
approach.
The Consultant shall establish a quality management program and designate responsibility for review
of technical work and other deliverable products.
Prepare and provide one design schedule update as circumstances require or as requested by City.
The schedule shall identify Consultant tasks and items provided by City and other consultants.
The Consultant shall prepare and submit an activities list and schedule to the City following the Notice
to Proceed.The schedule shall show appropriate milestones for the Project,including intermediate
and final submittal dates for design documents and key decision points.
The Consultant shall coordinate Consultant tasks and activities with the City.
Assumptions
The above scope of work is based upon the following assumptions:
Project meetings will be held virtually util later notice or for future scoped work
This scope through 30%is assumed to be 5 months in duration
Future design scope will begin after preferred alternative has been selected
Single schedule update with this scope of work
Deliverables
Monthly invoices,Contract Summary Reports,and Project Status Reports
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Project documentation,upon request
Meeting agendas and meeting summaries
Design submittal comment review and response log
Project schedule and one schedule update
Summary notes via email as needed based on coordination efforts
QA/QC program
Task 2:Surveying and Preliminary Base Map for 30%Design (PBS)
PBS will perform boundary resolution,topographic surveying,and data collection services to include the
following:
1.Establish a control network throughout the project limits based on the City of Pasco horizontal and
vertical datum (NAD 83/91 and NAVD88).
Acquire controlled ortho rectified aerial imagery of the project area using PBS unmanned aerial
drones.
Conduct research of existing records for information on deeds,surveys,plats,road ROW and
easements along the project corridor.
The survey field crew will collect data (property corners,ROW/centerlinemonuments,control and
physical boundary/ROW features)in the project area and relevant to the project site.The project
surveyor will then review research and field data and determine the current ROW location.Current
City authorized survey field work at 24 hours with remaining 16 hours of field survey work within
estimate to be contingency requiring authorization in writing from City.
Order and obtain up to eight title reports for adjacent properties where right of way acquisition will
be needed.
Meet with City staff to discuss ROW issues discovered prior to preparing the preliminary base map.
Prepare a preliminary base map graphically showing the existing ROW and intersecting property lines
overlayed on the orthophotography for the 30%design.
Base Map to be Completed in Anticipation Of 700%Design and ROWAcquisition
Once the ROW has been resolved a "pre—construction"record of survey will be filed with the Franklin
County Auditor's Office showing the centerlines,ROW lines and found monuments within the ROW along
the project route.
Perform topographic survey within project limits as generally described within the project
description.
Prepare existing surface model reflecting collected topographic survey and break lines.
Subtask 2.1:Base Map
Upon completion of topographic survey,resolved ROW boundary,and development of the surface
model,PBS will prepare an existing conditions base map showing mapped features,ROW,and
utilities collected from both survey and as—builtplans.
Consultant shall coordinate with City staff regarding drafting standards and conventions.
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Subtask 2.2:Site Visits 8:Project Photos
Consultant will conduct site visits to confirm site constraints,safety issues,and nonstandard
elements within the existing field conditions.City will provide PBS with any upcoming maintenance
activities that could affect the existing conditions as documented during this site visit or as survey
is collected.
Consultant will conduct site visits,take project photos of each property along the corridor,and
conduct field verification of survey data represented in project base map.Consultant will use
photographs to document pre-project conditions.
Assumptions
Designs will be completed over orthophotography aerial imagery to 30%.
This task level of effort is based on project description and no more than eight adjacent properties.
Individual descriptions and exhibits for right of way acquisition will not be prepared at this time.
Washington Department of Natural Resources "Permit to Destroy"reports will not be prepared at this
point in the project.
Title reports will be ordered by PBS with billing directly paid by City of Pasco
All pre-construction recording and associated fees (county review,mylar,etc.)will be billed as an
expense.
30%Deliverables
Complete topographic survey base map
Orthophotography
Project photos upon City request
Draft Right of Way plan in support of WSDOT right of way funding approval
Task 3:Geotechnical Engineering (RESERVED)
Task 4:Traffic Engineering (Kittelson)
Subtask 4.1:Traffic Analysis Report
Existing Transportation Facilities and Traf?c Conditions
5
Document existing roadway facilities,including the number of travel lanes,lane and shoulder widths,
presence of curbs and bridges within 600 feet of the Court Street/Road68 intersection.
Document the location and width of existing sidewalks,crosswalks,and pathways.
Document existing pedestrian facilities,including desired origin and destination in the vicinity of the
study intersection.
Document existing bikeway facilities,including the location of bike lanes and shoulders on Court
Street and Road 68.
Consultant shall collect new weekday AM and PM peak hour turning movement counts at the Court
Street/Road68 intersection.Compare to tube counts collected in 2018 to determine whether a
modification factor is appropriate to account for changes to travel patterns associated with the
ongoing COVlD—19pandemic.
Summarize the existing conditions analysis that will be incorporated into the traffic analysis report.
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Future No—BuildTrafficConditions
Review base and future year 2040 projected traffic volumes (or most current available)using model
information provided by the Benton Franklin Council of Governments (COG).
o Kittelson will coordinate and obtain required model runs with the COG.
Coordinate with City staff to determine an appropriate growth rate for the 20-year horizon.
Coordinate with City staff to obtain traffic studies for in-process developments which may impact
traffic through the study intersection,and incorporate trips for these developments in the no-build
traffic volumes.
Develop future 2040 weekday AM and PM peak hour traffic volume projections at the study
intersections.
Travel demand validation:Future travel demand shall be estimated at the intersection to evaluate and
determine how it will operate with the projected traffic demand,and potential modification needs
shall be identified that accommodate future traffic demand.
Summarize future no-build traffic conditions that will be incorporated into the traffic analysis report.
Future Build TrafficConditions with Signal and Roundabout
Conduct an alternative evaluation comparingpotential traffic signal and roundabout at the study
intersection.
0 Preliminary capacity,delay and traffic signal warrants shall be evaluated at the study intersection
to determine whether a new traffic signal will be needed in the future and when the signal will be
needed.
0 Analyze roundabout operations at intersection under 2040 traffic conditions during the weekday
AM and PM peak hours.The capacity and delay will be evaluated for each roundabout approach
using the HCM 6th Edition methodology to confirm the appropriate roundabout size and number
of lanes needed to service the forecast traffic volumes.
0 Conduct a queuing analysis of projected 2040 weekday AM and PM peak hour conditions to
determine storage length needs at the project study intersections for the respective intersection
controls,as appropriate.
0 Evaluate access locations within the intersection functional area relative to the Build traffic
operations analyses.
If possible,identify |ow—cost interim improvement(s)that can be implemented in the near-term,
and estimate how long these improvements will preserve adequate capacity through the study
intersection.
Sketch—|eve|signal and roundabout design for up to three layouts.
0 Review and discuss sketch concepts with the project design team.Work collaboratively with the
City and project design team to identify preferred roundabout concept for further refinement.
Summarize future Build traffic conditions that will be incorporated into the traffic analysis report.
This portion of the report will document the preferred intersection traffic control for the key
intersection (signal and roundabout).
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TrafficAnalysis Report
0 Preparation of a draft and final traffic analysis report that summarizes the project elements above.
0 Respond to draft report review commentsand submit a final report.
0 Coordination with the air quality and noise teams to provide Synchro reports (if roundabouts,output
files from HCM 6th Edition methodology)and preliminary channelization plans required for their
analyses.The volumes provided will be limited to average daily traffic,peak hour,and truck
percentage volumes on the four approaches to the study intersection.
Assumptions
The above scope of work is based upon the following assumptions:
0 The traffic data used for initial alternatives analysis is likely to rely on historical data with an
adjustment factor to account for impacts from COV|D—19.Additional traffic data may be collected
by the City in September 2021 in validation of 30%design progress which will be used for final
traffic analysis.
o No intersection control analvsis (ICA)will be conducted for the study intersection.
Subtask 4.2:Conceptual Design Layouts
Initial CAD Intersection Design will be developed based on preferred layouts developed in Future Build Traffic
Conditions.
0 Prepare concept level preliminary designs at the intersection in AutoCAD for the preferred
layout/configuration for both the roundabout and signal alternatives,respectively.The designs will
include basic horizontal geometric design elements,including edges of travel way,channelization
striping and islands,sidewalks,crosswalks,and truck apron (for roundabout).The designs will ensure
the geometry incorporates key operational and safety features including design speed objectives,
speed consistency principles,design vehicle accommodations,and bicycle/pedestrian treatments.
0 Prepare engineering drawings showing AutoTurn vehicle paths through critical turning movements of
the roundabout for the design vehicle for both alternatives.
0 For the roundabout alternative specifically:
0 Prepare sketch—|eve|drawings showing "fastest path”design speeds for all critical approaches
of the roundabout in accordance with NCHRP Report 672.
0 Evaluate stopping and intersection sight distances at roundabout in accordance with
guidelines from NCHRP Report 672.Determine the sight distance triangles needed at each
roundabout approach and within the central island as a guideline for potential easements and
landscape design.Prepare an exhibit showing the recommended sight lines.
0 Evaluate access along the approaches based on layouts for both alternatives respectively and support
project team and City staff to address access needs.
Deliverables
-Two conceptual design layouts (roundabout and signal alternatives)
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Task 5:Environmental Review and Documentation (PBS)
Subtask 5.1:Federal Level Permitting
Environmental Permitting
The project is partially funded with federal funds and will be required to complete the NEPA review process.
The project will complete NEPA compliance through the Categorical Exclusion (CE),process which is
administered by WSDOT local programs.Coordination with WSDOT local programs will be instrumental in
achieving a smooth permitting process as they will facilitate the NEPA review process and consultation with
FHWA.The individual discipline reports will accompany the WSDOT NEPA Categorical Exclusion
Documentation Form that serves as the "application"for CE approval.There are no discreet state natural
resources related permits that will be required.The tasks necessary to receive the required natural resource
related permits are presented byjurisdiction below.As the project will only be taken to 30%designs at this
time,local permitting can be done at a later date if/whenfunds become available.
Environmental Review and Documentation Task Overall Assumptions
0 Permit fees will be paid for by the City.
0 No wetlands anticipated within the project limits or associated permits were scoped at this time.
0 City will conduct one round of review for all permit narratives and technical memoranda.Documents
will be provided electronically.
0 Meetings are limited to those defined in project tasks.
0 Consultant will assemble and submit applications to the City.
Subtask 5.7.7 NEPA CE —Environmental Justice Memo
As part of NEPA compliance,the project will be required to demonstrate that minorities or other protected
populations will not be disproportionally affected by the project.PBS staff will complete an environmental
justice memo that will quantify affected demographics,identify minorities and underserved populations,and
determine if the project has the potential to disproportionately affect them.
Assumptions
-None
Deliverables
-Draft and final Environmental Justice Report
Subtask 5.7.2 NEPA CE —Right Sized Hazardous Materials Assessment
As part of NEPA compliance,PBS will complete a ”right sized”hazardous materials analysis as per WSDOT
guidance.Based on preliminary investigations of potential hazardous materials within the project area,a
complex hazardous materials report will not likely be required.A simple memo pulling data from the
Washington State Department of Ecology's website will likelysuffice.
Assumptions
0 The site does not contain known hazardous materials that would dictate further review as per WSDOT
guidance.
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-City will have one round of review and comment.
Deliverables
0 Draft and final Hazardous Materials Report
Subtask 5.7.3 NEPA CE —Endangered Species Act No EffectMemo
The NEPA CE process requires that the applicant demonstrates that the project will not affect plant and animal
species listed under the federal Endangered Species Act (ESA).There are no habitats that could potentially be
utilized by ESA listed species within the project area.A No Effects memo will be completed that includes
official engendered species data base queries and explanation of the habitats present within the project area.
Assumptions
0 The project will not include direct storm water outfalls to nearby streams.
0 All stormwater will meet the most current version of WSDOT’s HRM.
0 City will have one round of review and comment.
Deliverables
-Draft and final No Effect Memo
Subtask 5.7.4 NEPA Categorical Exclusion (CE)Submittal
This task entails completing and updating the NEPA CE application and the coordination with local programs
necessary to shepherd the project through the review and approval process.It is important to note that
WSDOT local programs prefers to have the individual discipline reports submitted to them as they are made
available.This is in lieu of a single complete application "package"once all reports are completed.As such,
PBS senior scientist will work with local programs,subconsultants,and project stakeholders to coordinate,
submit,and track deliverables.
Assumptions
-None
Deliverables
-Draft and final NEPA CE form and attendant discipline reports
Subtask 5.2:Cultural Resources (RLR)
The intersection improvements at the Court Street and Road 68 project will be funded through the FHWA’s
STBG and will require compliance under the National Historic Preservation Act (NHPA)Section 106
regulations.In addition to the WSDOT review as lead federal agency by proxy.
0 The Section 106 report provides information for the WSDOT and for State Environmental PolicyAct
(SEPA)submittal.
o WSDOT has designated proxy responsibilities under Section 106 to coordinate with Washington State
Department of Archaeology and Historic Preservation (DAHP)and tribes.WSDOT will need to be
complete their reviews independent of each other,if both are involved.
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The 2021 updated DAHP guidelines will be followed.The study will be directed by RLR meeting the
professional qualifications of the Secretary of the Interior's Standards and Guidelines in Archaeology and
Historic Preservation.
The following tasks will be performed:
After WSDOT creates the DAHP project number for this project and submits the area of potential
effect (APE)into the DAHP system,RLRwill initiate the cultural resources project.
The archaeologist will provide a literature search of relevant information on the history and
background of the area,any site forms on the WISAARD database,local archives,and any available
ethnohistorical documentation and data.
The archaeologist will conduct a complete pedestrian survey of the proposed work area (including the
APE specified by the proponent)and conduct subsurface testing.
The archaeologist will excavate approximately 40,40—centimeter-wide shovel probes throughout the
project area.Any located artifacts and/or features will be cataloged,described,photographed,and
returned to their original location.Shovel testing will be determined by lead archaeologist and based
upon a variety of factors,including ground visibility and visible bedrock,etc.The probes,if utilized,
will be excavated to a minimum of 40 centimeters into sterile subsurface.
The archaeologist will photograph,draw,GIS map,and otherwise document any physical surface
features found that are prehistoric,historic or of traditional use.RLRassumes at least one unrecorded
resources will be located during the course of the investigation.This may include historic structures.
Assumptions
Potential for cultural resources identification and discovery are severely limited within the project APE
due to the existing roadway,and urban subsurface infrastructure.The extent of disturbance into the
proposed APE area is unknown.
Deliverables
RLRwill submit a draft and a final report detailing the findings of the survey.The report will include all
appropriate maps,photos,sketches,site forms,and a bibliography of all consulted source material.
The report will include findings and recommendations for cultural resources within the project area.
The report will be prepared to meet review by several agencies.The report will meet:
0 Review by WSDOT for NHPA Section 106 compliance;
o Review by the City and to provide information needed for SEPA review;and
o The draft report will be submitted for review,and once the City approves the report,it will be
forwarded to WSDOT for its review.Upon acceptance,the report will be compiled as a single
document,and the City will submit it to WSDOT.
Subtask 5.3:NPDES Construction Stormwater General Permit (RESERVED)
Task 6:Design Engineering (PBS 8:Kittelson)
The consultant will advance the design to preliminary (30%)plans during the current phase of the project.The
Consultant team will be responsible to provide design engineering services for the deliverables outlined below
for the following submittals:
to
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-Alternative analysis and memorandum
0 Preliminary (30%)submittal
0 QA/QC
Subtask 6.1:Alternative Analysis and Memorandum
Design Criteria Development
The Consultant will summarize the roadway design standards and decisions in an excel spreadsheet for City
staff concurrence in support of alternative analysis.Standards will include but not be limited to:
-ROW
0 Lane widths
o Curb return radii
-Roadway cross-section
o Roadway section depth
0 Design speed
0 Design vehicle
o Transition tapers
0 Max.and min.profile grades
0 Vertical curve criteria
Decision Matrix 8:Alternative Analysis
ln cooperation with City staff,consultant shall work with the City to define alternatives selection criteria based
on agreed upon goals for the project and priorities to the City.This list of criteria will be used to select a
preferred alternative based on a scoring process by the City and supported by the consultant.Conceptual
design and conceptual comparison cost estimates will be developed for each of the alternatives listed below
for later scoring based on weighted scoring based on selection criteria.
Though a design meeting will be held with the City and consultant to weigh alternative option concepts the
complete evaluations will include the three below.The roundabout and signalized options though higher cost
options will evaluate an expandable option and not the full future build-out.Aspects to be included in the
alternative analysis report will be:
-Low-cost solution
-Roundabout
o Signalized
Consultant shall develop each alternative to concept level design sufficient to establish horizontal construction
limits,quantities,and major construction activities.Each alternative shall have a horizontal alignment
developed that meets appropriate design standards.Consultant shall prepare a drawing stamped "concept"
for each alternative.The drawing shall utilize the consultant provided aerial imagery,GIS boundary,and
environmental data.Geometric design elements that do not meet design standards shall be identified as
needing a design exception.Consultant shall analyze each alternative and determine the potential benefits
and impacts associated with construction of the proposed alternative in support of preferred alternative
selection.Potential benefits and impacts to be considered include,but are not limited to,ROW,safety,utilities,
construction costs,permitting,public perception,expandable design,and environmental Impacts.
This subtask will include a summary of the identified impacts and cost estimate associated with each
alternative to allow City to determine which alternative to move forward to design and construction.
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Alternative Analysis Memo
Aspects to be included in the alternative analysis memo will be:
0 Description of selection process
0 Selection matrix
0 Concept drawings
0 Concept costs
0 APE
-Support data to preferred alternative selection
Deliverables
0 Draft and final alternatives analysis memo
0 Concept alternative rendering for public outreach
Subtask 6.2:30%Design
The consultant will develop preliminary documents to the 30%design stage.These documents will be used to
assist the permit process.Review documents will consist of drawings,and a preliminary opinion of probable
construction cost.At this design level,the overall design layout,footprint,and geometrics of the project are
established,and all decisions required to generate construction details have been made.
The 30%plans shall include:
-Cover sheet
0 Civil legend sheet
-Typical sections
-Plan over profile sheets showing the following:
Basic roadway geometry
Lane striping
Bike and pedestrian facilities
Existing and proposed ROW
Preliminary stormwater layout
OOOOO
Deliverables
0 30%plans and cost estimates (PDF of [11—inchby 17-inch]the plan set and cost estimate)
0 30%construction cost estimate
Subtask 6.3:60%Design (RESERVED)
Subtask 6.4:90%PS8lE Design (RESERVED)
Subtask 6.5:Final PS8£E Design (RESERVED)
Subtask 6.6:QA/QC
Subtask 6.7:Structural Engineering (RESERVED)
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Task 7:Utility Coordination (PBS)
Subtask 7.1:Utility Coordination
Contact utilities within the project limits and obtain existing system mapping.Review mapping for
consistency with project base map.
Conduct a utility reconnaissance of the project corridor to determine visual evidence of underground and
above ground utility facilities and confirm utility provided facility maps and project base map
completeness.
Identify and discuss with each utility special requirements associated with their facility relocation or
modification.
ConflictNoti?cationand Utility Relocations (Reserved)
0 Existing utilities identified and marked-up on survey base mapping.
0 Draft Contact &communication log.
Task 8:Public Involvement (PBS)
Public involvement includes multiple modes of communication for reaching the project's various stakeholders
during Phase 1 (though 30%)of the project (Ju|y—November2021).City will provide the public involvement
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Deliverables
0 30%Submittalz
Assumptions
0 City will provide utility plans,GIS,and other supporting documents for City utilities within the project
corridor.
0 PBS will coordinate with the following utility providers as part of this task:
Cascade Natural'Gas
Franklin PUD
Century Link
Spectrum
0000
0 City of Pasco GIS and Public Works for City owned utilities.
0 Utility design location fees,if any,are not included in Consultant's costs and will be paid by the City if
required.
0 Utilities will provide as—builtsystem maps of their facilities within the project corridor.
0 Additional ROW and/or easements that may be required for relocated utilities,is the responsibility of
the utilities or the City in the event of prior rights.
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UtilityMeetings (Reserved)
ConflictIdentification,Analysis and RecommendedResolution (Reserved)
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plan approach which aligns with project scope at kickoff meeting in support of consultant use for planning
through project delivery.City will also manage project website,develop written content,and utilizeexisting
graphics from team content developed for City Council presentations.
Subtask 8.1:Public Involvement Plan (Reserved)
Subtask 8.2:Stakeholder Outreach
In order to connect with the community about the project,PBS willcreate an online survey during the early
portion of Phase 1,ideally in July,using SurveyMonkey.This survey will provide a project overview and gather
feedback on priorities (e.g.,safety and environmental impact)and project concerns.PBS will provide
communication support for the City website and social media to promote the survey.PBS will alsoreach out
to the eight adjacent property owners by letter through U.S.Mail,acknowledging their proximity to the
project and inviting them to complete the online survey
Assumptions
0 The survey will be 10 questions or fewer.
-The survey will be in English.
0 The survey will be online in format.
-PBS will also provide a PDF version to the City as well,for those desiring an alternative format;
the City will be responsible for distributing and capturing these results.
0 The survey willbe open for three weeks,and when closed PBS will provide a summary of results.
Deliverables
-Draft and final SurveyMonkey survey
-PDF version of survey
-Survey summary report
0 Draft and final letters
Subtask 8.3:Content for City Website 81 Communications (Reserved)
Subtask 8.4:City Council Meeting Presentations
PBS will present a project update with any needed supporting materials,such as PowerPoint slides,and up to
two City Council meetings.Being public meetings,stakeholders will be able to attend and submit comment
per official meeting guidelines.PBS will apply public comment in its design plans.
Assumptions
0 During Phase 1,from July to November,PBS present to City staff and City Council up to two times.
0 PBS will attend virtually,based on COV|D—19 public health guidance and/or the City's preference.
-PBS will provide supporting graphics for electronic PowerPoint presentation at 6-8 slides.
o The City will facilitate the meeting and record public comment.
0 PBS will review each City-prepared summary.
0 Graphics for council meetings will be developed with Task 6.1 81 6.2 with minimal enhancements for
presentation.
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Deliverables
0 Up to two project updates and supporting materials.
Task 9:Preliminary ROW Activities (UFS)
Subtask 9.1:Title/Ownership Review
Review title reports provided by the design team for confirmation of ownerships and base mapping purposes
regarding encumbrances that could cause design conflicts.Upon receipt of title reports,UFS staff will conduct
initial reviews of each report to assess future complications during the parcel closing process.Parcel title
summary and risk analysis memos will be prepared for eight separate tax parcels listing encumbrances and
exceptions effecting the closing process with recommendations to the City how to resolve each.
0 Parcel #118501041
0 Parcel #118602067
0 Parcel #119701029
-Parcel #119701421
0 Parcel #119701412
o Parcel #1196620S4
o Parcel #119662027
0 Parcel #119662125
Deliverables
0 Prepare eight parcel title summary and risk analysis memos
Subtask 9.2:ROW Planning —Administrative Meetings/Team Coordination
One UFS staff will participate in a kick-off meeting and participate in four progressive team meetings to offer
input to various questions presented by City staff and the design team.UFS will be available to further provide
input on an as—neededbasis between team meetings.Because of COVID-19,all meetings will be held by video
conference calls.
Deliverables
o Participate in a kick-off meeting (1 UFS staff/video conference call)
0 Participate in four progressive team meetings (1 UFS staff/videoconference calls)
0 Provide input to the project team on an as needed basis
Subtask 9.3:Public Outreach
Assist the City in preparation of a boilerplate "|ntroduction/Informational Letter"for the City's delivery on City
letterhead to all impacted property owners.Letter to include the purpose of the project,the project schedule,
and an introduction of the City's project team.UFS will schedule and attend early meetings with owners of the
eight tax parcels as part of a public outreach vetting process to gauge project acceptance,willingness to
convey needed real property rights and to share property owner concerns with the design.
Deliverables
o Boilerplate ”|ntroduction/Informational letter’’for the City's delivery on City letterhead.
-Attend early meetings once with each owner of the eight tax parcels.
-Summarize owner concerns in writing for design team use.
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Subtask 9.4:Right-of-Entry Agreements
Obtain up to eight non—compensab|e right-of-entry agreements as may be needed to access private property
to conduct various tasks such as land survey,geotechnical investigation,environmental research,etc.,to
further support project design.
UFS will provide sample boilerplate right-of-entry agreements for the City's review.The City's design team and
the City will provide and approve special use language for each right—of-entryprior to UFS contacting each
property owner
Deliverables
0 Secure eight right—of-entryagreements from owners of five separate tax parcels.
Subtask 9.5:ROW Plan Development Support
UFS will coordinate with the design team to minimize acquisition impacts to each parcel and to ensure the
contents meet the minimum requirements for ROW Plan development according to WSDOT’s LAG Manual
(Appendix 25.170)and ROW Plan Development Guide.Support will include as-needed discussions and two
progress reviews with markups of the ROW plan prior to submittal to WSDOT for review and acceptance.UFS
will also provide suggestions and recommendations of the various options of real property rights including
permanent easements versus fee simple real property rights and recommendations when temporary
construction easements may be required for ROW certification.
Delivera bles
0 Provide as-needed input to the design team.
0 Two progress reviews with markups of the ROW plan
Subtask 9.6:Preliminary ROW Funding Estimate
In May 2020,WSDOT replaced the Project Funding Estimate (PFE)and True Cost Estimate (TCE)methods with
a new funding tool referred to as "Right—of—WayFunding Estimate”WSDOT Form LPA-OO5b.Determination of
preliminary values are now based upon adjustments to current assessor's values for land and improvements in
lieu of comparable market data.It is assumed cost to cure estimates for fencing,paving,landscaping,
irrigation systems,etc.,will be provided by the design team.
Deliverables
-ROW Funding Estimate/\NSDOTForm LPA—O05b,to include eight separate tax parcels.
Subtask 9.7:Appraisal and Appraisal Review (RESERVED)
Subtask 9.8:Acquisition (RESERVED)
Task 10:Construction Management
Subtask 10.1:Bid Support (RESERVED)
IV.City Deliverables to the Client
City-Provided Information
Sample Projects
‘PBS 16
Page 218 of 310
“‘
Scope of Work:Intersection Improvements
City of Pasco
The City will provide copies of sample City projects,BA documents,and design guidelines.The City will also
provide electronic files of title blocks,ortho and aerial drawings and standard details for streets,traffic signal,
street lighting and other available details.
Project Coordination
The City will assist the Consultant in managing relationships with otherjurisdictions involved in the project,
adjacent property owners and the public.The City will provide staff to meet and discuss the project with the
Consultantas needed.The City will provide written comments pertaining to the design submittals.
Pavement Design
The City will select the pavement type and structural sections based on the pavement recommendation
provided by the Consultant.
Utility List
The City will provide the Consultant with a list of local contacts for utilities within the project limits.Design
and plan preparation for the addition or relocation of utilities within the project limits will be done by others.
Streetlight and TrafficSignal Requirements
The City will provide the illumination type,the minimum illumination levels,and uniformity ratios to be used
in the project design.The City will also provide traffic signal design concepts,standards,and policies,
including traffic interconnect schemes as needed.
0 Sample projects
-Project coordination
0 Survey work and preliminary plans
0 ROW plans,exhibits,and legal descriptions
o Right—of—entrypermits
0 Pavement type and structural sections selection
-Utilitylist
0 Streetlight and traffic signal requirements
June 2021
PR71749.00017
Page 219 of 310
There is no DBE required for this project.
Exhibit B
DBE Participation
Agreement Number:21-034
Exhibit B -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Page 220 of 310
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 ?les 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
Survey data shall be kept on ?le at consultants of?ce and provided to the Agency as requested.
B.Roadway Design Files
Roadway design ?les shall be kept on ?le at consultants of?ce and provided to the Agency as requested
C.Computer Aided Drafting Files
The electronic format and standards to be provided for this project are identi?ed in Exhibit A,Scope of
Work.
Agreement Number:21 -034
Exhibit C Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
Page 221 of 310
Specify the Electronic Deliverables to Be Provided to the Agency
The electronic deliverables required on this project are identi?ed in Exhibit A,Scope of Work.
D Specify the Agency’s Right to Review Product with the Consultant
The agency shall have the option to review project documents as identi?ed in Exhibit A,Scope of work.
The consultant shall allow the Agency to review any documents as requested.
F.Specify What Agency Furnished Services and Information Is to Be Provided
The agency shall furnish all available as-built and utility records as identified in Exhibit A,Scope of Work.
Agreement Number:21-034
Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
Page 222 of 310
11.Any Other Electronic Files to Be Provided
The electronic ?les to be provided for this project are identi?ed in Exhibit A,Scope of Work.
Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
III.Methods to Electronically Exchange Data
USB ?ash drive,E-Mail,OneDrive links,or FTP server.
Page 223 of 310
A.Agency Software Suite
Microsoft office,Bluebeam,Adobe,and AutoCAD
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
Files will be transferred through pdf,dwg,or Microsoft office suite formatting.
B.Electronic Messaging System
Microsoft Outlook
Page 224 of 310
See Attached
Exhibit D
Prime Consultant Cost Computations
Agreement Number:1-034
Exhibit D -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Page 225 of 310
\2_H3
Washington state
Department of Transportation
Development Division
Conlrac1 Selvic-‘es:Office
PO Box 47408
Otympaa.WA 98504-7408
7345 Lnderson way SW
Tumwater,WA 98501-6504
TTY:*.-800-833-6388
www.wsdot.wa.gov
_'<;.',[;i..'~';:.,
Jenn vs‘;-‘.~c.."\':cc3O';:”r
.0 [3011 4‘/4;‘.’.‘
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2 1-soc-4:39.-:-as
July 7,2020
PBS Engineering &Environmental,Inc.
214 E Galer Street,Suite 300
Seattle,WA 98102
Subject:Acceptance FYE 2019 ICR CPA Report
Dear Nicole Edmondson:
We have accepted your ?rms FYE 2019 Indirect Cost Rate (ICR)of 175.25%of direct
labor (rate includes 0.74%Facilities Capital Cost of Money)based on the “Independent
CPA Report,”prepared by T.Wayne Owens &Associates.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 ?ee to contact our of?ce at (360)705-7019 or via email
ERIK K.JONSON
Contract Services Manager
EKJ:ah
consultantrates wsdot.wa.ov
Regards;
Page 226 of 310
3E.3.
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Labor Category
incipalScientist/Planner
incipal Geologist/Manager
‘r.Hydrogeologist II
r.Environmental/Regulatory Specialist
Sr.Env Compliance Monitor
Project Geologist/Scientist/Planner
Project Env.Regulatory Specialist
Project Env.Compliance Monitor
<taff Geologist/Scientist/Planner
Ield Scientist /Planner
ublic Involvement IV
ngineer V
PBS Engineering and Environmental Inc.
Actual Raw
73.74
$61.92
70.00
48.56
43.05
33.65
40.42
40.43
30.44
23.10
47.09
53.87
37.50
33.00
39.10
36.53
45.67
52.90
25.00
50.00
29.43
46.63
27.55
$51.97
43.83
33.00
27.50
28.60
2021 Fee Schedule
Overhead
Salary Hourly 175.25%
Max Max
$73.74 129.23
61.92 108.51
$70.00 122.68
$48.56 85.10
$43.05 75.45
$33.65 58.97
$40.42 70.84
$40.43 70.35
$30.44 53.35
$23.10 40.48
$47.09 82.53
53.87 94.4‘
37.50 65.72
33.00 57.83
39.10 68.52
36.53 64.02
45.67 80.04
52.90 92.71
25.00 43.81
50.00 .87.63
29.43 $51.58 .
46.63 $81.72 .
27.55 $48.28 .
51.97 91.08
43.83 76.81
$33.00 57.83
$27.50 $48.19
$28.60 $50.12
Pro?t 3
Max
0%
22.12
18.58
21.00
14.57
12.92
10.10
12.13
12.13
9.13
6.93
14.13
16.16
11.25
9.90
11.73
10.96
13.70
15.87
7.50
15.00
8.83
13.99
8.27
15.59
13.15
9.90
8.25
8.58
Billing Rate
Max
225.09
189.01
213.68
148.23
131.41
102.72
123.38
123.41
92.92
70.51
143.74
164.44
114.47
100.73
119.35
111.51
139.41
161.48
76.31
152.63
89.84
142.34
84.10
158.64
133.79
100.73
83.94
87.30
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Actual Billing
Rate
225.09
189.01
213.68
148.23
131.41
102.72
123.38
123.41
92.92
70.51
143.74
164.44
114.47
100.73
119.35
111.51
139.41
161.48
76.31
152.63
89.84
142.34
84.10
158.64
133.79
100.73
83.94
87.30
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Page 227 of 310
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Page 228 of 310
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.
See Attached
Agreement Number:21-034
Exhibit E -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Page 229 of 310
Development Division
Contract Services Offrce
PO Box 47408
Oiympsa,WA 98504»7408
7345 Lmdexson Way SW
Tumwater,WA 98501-6504
TTY:1-80083343-888
www.wsdot.wa.gov
June 1,2020
Kittelson &Associates,Inc.
1850 Centennial Park Drive,Suite 130
Reston,VA 20191
J1’:-gy8'33
"..a'm::aier,Kim’/xE3501-C50
;‘M n NI'r\'1.’.‘i~o00-u?3—o.:L.,
"W.F.W ‘-;'.w.'."C"
Subject:Acceptance FYE 2019 ICR CPA Report
Dear Liana Hakim:
We have accepted your ?rms FYE 2019 Indirect Cost Rate (ICR)of 203.79%of direct
labor (rate includes 0.44%Facilities Capital Cost of Money)based on the “Independent
CPA Report,”prepared by D.L.Purvine,CPA PPLC.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 of?ce at (360)705-7019 or via email
Regards;
ERIK K.JONSON
Contract Services Manager
EKJ ah
consultantrates wsdot.wa.ov
Page 230 of 310
ITTELSO
&
Technician
Technician II
City of Pasco
Court Street 85 Road 68 Intersection Rate Schedule
As of May 2021
Classi?cation Hourly Overhead @ Pro?t @ Hourly
Rate 203.35%30%Billing Rate*
Senior Principal Engineer/Planner $79 .45 $161.56 $23 .83 $264.84
Hermanus Steyn $77.28 $15 7.1 4 $23.1 8 $25 7.60
Principal Engineer/Planner $68.83 $139.96 $20.65 $229.44
Associate Engineer/Planner $58.83 $119.64 $17.65 $196.12
Senior Engineer/Planner $49.69 $101.03 $14.91 $165.63
Kristine Connolly $48.05 $97.71 $1 4.41 $1 60.]7
Engineer/Planner $38.76 $78.83 $1 1.63 $129.22
Transportation Analyst $32.01 $65.10 $9.60 $106.71
$27.74 $56.42 $8.32 $92.48
$34.40 $69.95 $10.32 $114.67
Senior Technician $41.12 $83.62 $12 .34 $137.07
Associate Technician $48.38 $98.37 $14.51 $161.26
$18.61 $37.84 $5.58 $62.03
$23.34 $47.46 $7.00 $77.80
Data Analyst /Software Technician $35.07 $71.32 $10.52 $116.91
Data Scientist/Developer $46.76 $95.09 $14.03 $155.88
Senior Data Scicntist/Developer $60.84 $123.72 $18.25 $202.82
*Average classi?cation rates by category are shown above along with actual rates for key personnel.These rates
were escalated to reflect July 1,Roles &Responsibilities adjustments.Actual wage rates will be invoiced,overhead
and pro?t on direct labor only willbe locked for the duration of the contract.
Software Technician
Office Support
Page 231 of 310
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Page 232 of 310
._w
iw/a»-
Dnwlopmenl Division
IIoratm~.';t $~mn:,es izrriras
P0 Bu»,43’4l)é
Oéympm.WA 3EzSfArT408
7345 U’1d&mCr‘«W3.‘SW
Tumwwer,WA ‘$8501 550
4
‘~3Ct‘-és3;,-63138
www.wsdLaima gm-
Washington State
Department of ‘transportation
u"r:‘--.u.-u.1‘.cx.'c{o;2r'.1:n£_
.;3ni'aciGc:\'2ces S1339
1-'.’.l~50):#17408
filynn 27:1,'.’;';\98504-'1"-‘C:
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T-.=n:'_;-PA!-’.v,W.-'-‘.P350‘-2359:»
'.TY:1~£x‘U0-833-5538..
:vs¢'o:.~:.'a.3 I\
April 13,2021
Universal Field Services,Inc.
111 Main Street,Suite 105
Edmonds,WA 98020
Subject:Acceptance FYE 2020 ICR —Cognizant Review
Dear Mitch Legel:
We have accepted your ?rms FYE 2020 Indirect Cost Rate (ICR)of 51.05%of direct
labor based on the “Cognizant Review”from the Oklahoma State Department of
Transportation.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 ?rm 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
ERIK K.JONSON
Contract Services Manager
EKJ rah
consultantrates wsdot.wa.ov
Regards;
.,..\
Page 233 of 310
UFS 2021 WSDOT Rate Schedule
City of Pasco -Court St 8:Rd 68 Intersection 5/27/
2021
Classification Hourly OH 51.05%FF 30%Billing Rate
ROW Oversight $61.75 $31.52 $18.53 $111.80
Senior ROW Acquisition Specialist $50.00 $25.53 $15.00 $90.53
Title /Escrow Specialist $33.00 $16.85 $9.90 $59.75
Sr Administrative Specialist $27.00 $13.78 $8.10 $48.88
Page 234 of 310
May 27 2021 Universal Field Services,Inc.
Fee Estimate
City of Pasco I Court Street and Road 68 Intersection
Preliminary Right of Way Activities
SUBCONSULTANTS
N/A
DIRECT NONSALARY COSTS DNSC
Mileage 600 miles@ $0.560 $336
Miscellaneous Expenses (see note 3 below)$75
TOTAL (DNSC)=$411
City of Pasco Court Street &Road 68
DIRECT SALARY COSTS DSC
J>(.Of\J—\
Personnel
ROW Oversight
Senior ROW Acquisition
Title /Escrow Specialist
Specialist
Sr Administrative Specialist
Indirect Cost Rate (ICR)
Fixed Fee (FF)
Total Hours
62.0
109.5
54.5
8.5
234.5
51.05%
30.00%
Rate
X $61.75
X $50.00
X $33.00
X $27.00
Total Direct Salary Costs (DSC)=
TOTAL DSC
$9}$996999
$
3,829
5,475
1,799
230
11,332
5,785
3,399
20,516
TOTAL SUBCONSULTANT FEES =$
TOTAL ESTIMATE AMOUNT =$
Notes:
1.)Universal reserves the right to re—negotiate estimate total if Notice to Proceed not provided within
180 days from the date of this estimate.
2.)Mileage to be billed at $0.560/mile or the approved IRS rate at the time mileage is incurred.
3.)Reimbursable miscellaneous expenses including but not limited to postage,parking,ferry fees,
road tolls,etc.,at cost -no markup.
4.)There are federal funds participating in the project.
20,927
1of1
Page 235 of 310
StateWashington
Depatment nf'I'ransportatlon
Transportation Building
310 Mapde Park Avenue SE.
PO.Box 47300
Oiympva,WA 98504-7300
360 705»mot:
TTY‘1-Ba)-833-B388
www.wscIo1.wa gov
::.s;.‘::(a'7c»,n1 .'
/—;\.r;s'.‘xIasSJ.-.5'10 h’:L;j.»!<-,»l7+.'1~
..;f.'.*{:ia.WA gssuxz-,.;LV
—?'Ué5-700"
A J ‘I:1-?}3~L'3—I-C33-.’
»-,-»~;...;.,:,.-M,..._.r_,._,..,...1...
Sincerely,
Scuga.4.My
Schatzie Harvey,CPA
Agreement Compliance Audit Manager
cc:Steve McKerney,Director of Internal Audit
Larry Scho?eld,MS 47323
File
September 11,2020
Christopher Landreau,President
Reiss-Landreau Research,LLC
PO Box 2215
Yakima,WA 98907-2215
Re:Reiss-Landreau Research,LLC
Safe Harbor Indirect Cost Rate Extension
Dear Mr.Landreau:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the “safe harbor”indirect cost rate program on engineering and
design related service contracts,as well as for Local Public Agency projects.
We completed our risk assessment for Reiss-Landreau Research,LLC in July,2014.Our assessment
was conducted based on the documentation provided by the ?rm.The reviewed data included,but was
not limited to,a description of the company,basis of accounting,accounting system and the basis of
indirect costs.Based on our review,we found the ?rm eligible to use the Safe Harbor rate.Reiss-
Landreau Research opted to use the Safe Harbor rate,rather than provide a FAR-compliant rate.
Based on further review and discussion with the ?rm,we are issuing an extension of the Safe Harbor
Indirect Cost Rate of 110%of direct labor with a ?eld rate,where applicable,of 80%of direct labor for
Reiss-Landreau Research.
Reiss-Landreau Research agreed to improve Internal Controls and timekeeping processes in order to be
able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition
Regulations (FAR),Subpart 31.The WSDOT Internal Audit Of?ce has provided guidance and
information related to FARS and the AASHTO Audit Guide.You may use the Safe Harbor Rate of
110%,or 80%for ?eld of?ce situations,for agreements entered into prior to June 30,2022.For
agreements entered into after this date,please contact the WSDOT Consultant Services Of?ce (CSO)or
our of?ce for guidance.
The Safe Harbor Rate will n_ot be subject to audit.Please coordinate with CS0 or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions,please contact Steve McKemey or me at (360)705-7003.
Page 236 of 310
1.1
ProposedProposedICRFixedFee
0.3
Add RowLaborClassification
Principal Investigator
Archaeological Technician
Labor Rate
$70.00
$60.00
$45.00
Indirect
Cost Rate Fixed Fee
$77.00 $21.00
$66.00 $18.00
$49.50 $13.50
NTERate
$168.00
$144.00
$108.00
Date 10/6/20
Company Name:RLRCultural Resources
Address:PO Box 2215
City]State]Zip Yakima,WA 98907
Subject:Proposed Hourly Rate Statement
Attention:Manager,Consultant Services Office
Beloware the highest anticipated hourly billing rates for the identified labor classi?cations.
RLRCurturar Resources certifies they have an accounting system that contains separate accounts
or sub-accounts for unallowable costs in accordance with FAR(48 CFR Part 31),and the capacity to track direct costs that are
allocable directly to projects.
RLRCuhural Resources also certifies they have a Iabor-charging/time keeping system that is
complete and sufficiently detailed to allow for a nrooer determination ofdirect and indirect labor costs.
Title Project Manager
Signature Christopher Landreau Dugnnllysigned by Chnslophevundmu
DN:m:ChIislnph:r landruu,wnna vxmcConsulnng LLC.an.
emmlxnygainaplxdkram.5
on am“:as mazz-woo
Respectfully,
Delete Row
Researcher
Page 237 of 310
1.1
Date 10/6/20
Company Name:RLRCultural Resources LLC
Address:PO Box 2215
City/State/Zip Yakima,WA 98907
Subject:Proposed Hourly Rate Statement
Attention:Manager,Consultant Services Office
Below are the highest anticipated hourly billing rates for the identified labor classi?cations.
ProposedProposedICRFixedFee
0.3
Project Manager $77.00 $84.70 $23.10 $184.80
Clerical/Accounts $40.00 $44.00 $12.00 $96.00
Report -Principal $70.00 $77.00 $21.00 $168.00
Add RowLaborClassificationLaborRateIndirectFixedFeeNTERateCostRate
RLRCultural Resources LLC certifies they have an accounting system that contains separate accounts
or sub—accountsfor unallowable costs in accordance with FAR (48 CFR Part 31),and the capacity to track direct costs that are
allocable directly to projects.
RLRCuiturai Resources LLC also certifies they have a labor-charging/time keeping system that is
complete and sufficiently detailed to allow for a proper determination of direct and indirect labor costs.
Title Project Manager
Signature Christopher Landreau oagmnysigned by Clvistnpher lzndrnau
DN‘:rI=(hrisluphev Landveiu.o-Avna Pad?c Consuhmg uc.nu,
erl\iil=cnyQainapari?:.:om,c-us
Dale’2020]0 D6 ‘#50:!2 —lU'(X)'
Respectfully,
Delete Row
Page 238 of 310
City of Pasco Court Street &Road 68
5-May-21
Expenses
Total
Josh Allen
Principle Investigator
RLRCultural Resources,LL
Task/Personnel
Project Management
Function
Title
Project Director
Principle Investigator
Pl
Archaeological Tech
Principle investigator
StaffArchaeologist
Rate]hr.Hours
Rate Hours
$108.00 4
$92.00 16
Total
$92.00 4
$64.00 30
Total
$92.00 20
$71.00 5
Total
TOTAL LABOR
Total
Total
$432
$1,472
$1,904
$368
$1,920
$2,288
$1,840
$355
$2,195
$6,387
Total Estimated Cost-Cultural Resources
5—May—
$6,387
Mileage $0.58
Fieldwork-Pedestrian Survey/Shovel
Testing
Report Preparation/Site Records
Page 239 of 310
Exhibit F -Title VIAssurances 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.
Local Agency A&E ProfessionalServices Cost
Plus Fixed Fee Consultant Agreement
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 ofModal OperatingAdministration),as they may be amended from time to time,which
are herein incorporated by reference and made a part of this contract.
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.]
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.]
Information and Reports:The contractor will provide all information and reports required by the Acts,the
Regulations,and directives issued pursuant thereto and will pennit access to its books,records,accounts,other
sources of information,and its facilities as may be determined by the Recipient or the (Title ofModal
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 ofModal
Operating Administration),as appropriate,and will set forth what efforts it has made to obtain the information.
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 ofModal
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.
Incorporation of Provisions:The contractor will include the provisionsof 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 ofModal 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.
21 -034
Agreement Number
Revised 02/01/2021
Page 240 of 310
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:
0 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.
0 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§
4601),(prohibits unfair treatmentof persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
0 F ederal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of
sex);
0 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;
0 The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination
on the basis of age);
0 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);
0 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 de?nition 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);
0 Titles 11and 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;
0 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);
0 Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and
Low—1ncomePopulations,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;
0 Executive Order 13166,Improving Access to Services for Persons with Limited English Pro?ciency,
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);
0 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).
21 -034
Local Agency A&E ProfessionalServices Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Page 241 of 310
Exhibit G-1 (a)
Exhibit G-1(b)
Exhibit G-2
Exhibit G
Certification Documents
Certi?cation of Consultant
Certi?cation of City of Pasco (WA)
Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters -
Primary Covered Transactions
Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying
I1-4'1‘,1 (‘/1 .rt 4 ‘n --Ix .
k»C1L11lU‘c1LC U1 \,u11cuL K/U5l U1’I'IlUlIlg JJ'clL'd
Agreement Number:21-034
Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit G-3
1'‘['1 ‘A r‘A
LJAIUL/ll,\J"l'
Page 242 of 310
July 9,2021
Signature(AuthorizedOf?cialof Consultant)Date
Exhibit G-1(a)Certification of Consultant
I hereby certify that I am the and duly authorized representative of the ?rm of
PBS Engineering and Environmental,Inc.
whose address is
400 Bradley Blvd,Ste 106,Richland,WA 99352
and that neither the above ?rm nor I have:
a)Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,
any ?rm or person (other than a bona ?de 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 ?rm or person in connection with carrying out this AGREEMENT;or
c)Paid,or agreed to pay,to any ?rm,organization or person (other than a bona ?de 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 AGREEl\/IENT;except as hereby expressly stated (if any);
I acknowledge that this certi?cate is to be furnished to the City of Pasco (WA)
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.
PBS Engineering and Environmental Inc.
Consultant(FirmName)
Agreement Number:21-034
Exhibit G Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Page 243 of 310
Exhibit G-1(b)Certification of City ofPasco (WA)
,I hereby certify that I am the:
City Manager
I:Other
of the City of Pasco (WA),and PBS Engineering and Environmental Inc.
or its representative has not been required,directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGIUEEMENT to:
a)Employ or retain,or agree to employ to retain,any ?rm or person;or
b)Pay,or agree to pay,to any ?rm,person,or organization,any fee,contribution,donation,or consideration
of any kind;except as hereby expressly stated (if any):
I acknowledge that this certi?cate is to be furnished to the City of Pasco,WA
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:21-034
Exhibit G Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Page 244 of 310
July 9,2021
Signature(AuthorizedOfficialof Consultant)Date
PBS Engineering and Environmental Inc.
Consultant(FirmName)
Exhibit G-2 Certification Regarding Debarment,Suspension and Other
Responsibility Matters -Primary Covered Transactions
1.The prospective primary participant certi?es to the best of its knowledge and belief,that it and its principals
:
A.
B.
D.
Are not presently debarred,suspended,proposed for debarrnent,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
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,falsi?cation or destruction of records,making false statements,or receiving
stolen property;
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 (l)(b)
of this certi?cation;and
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.
11.Where the prospective primary participant is unable to certify to any of the statements in this certi?cation,
such prospective participant shall attach an explanation to this proposal.
Agreement Number:21-034
Exhibit G Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Page 245 of 310
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certi?es,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 in?uencing or attempting to in?uence an of?cer or employee of any Federal agency,a Member
of Congress,an of?cer 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 modi?cation of Federal contract,grant,loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriatedfunds have been paid or will be paid to any person for
in?uencing or attempting to in?uence an of?cer or employee of any Federal agency,a Member of Congress,
an of?cer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal contract,grant,loan or cooperativeAGREEMENT,the undersigned shall complete and submit
Standard Form -LLL,“Disclosure Form to Report Lobbying,”in accordance with its instructions.
This certi?cation is a material representationof fact upon which reliance was placed when this transaction
was made or entered into.Submission of this certi?cation is a prerequisite for making or entering into
this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to ?le the required
certi?cation 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 certi?cation be included in all lower tier sub-contracts,which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly
PBS Engineering and Environmental Inc.
Consultant(FirmName)
July 9,2021
Signature(AuthorizedOfficialof Consultant)Date
Agreement Number:21 -034
Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Page 246 of 310
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 Identi?ed by Agency’s Project Manager
At the ?rst indication of potential consultant design error(s),the ?rst 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 detennined 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:2 l -034
Exhibit I -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Page 247 of 310
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 representativesof the agency and the consultant to review the alleged design error(s),and attempt
to ?nd a resolution to the issue.If necessary,LP will request assistance from the Attorney General’s Of?ce
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:21-034
Exhibit I -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
Page 248 of 310
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 agreemenfs scope of work,they may be entitled to a claim.The ?rst 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 classi?cation for each ?rm 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,pro?t 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 inthe 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.Infonn the consultant that the ?nal 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:21-034
Exhibit J -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Page 249 of 310
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 classi?cation for each ?rm 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,pro?t 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 ?nal 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 ?nal
decision regarding the consultant’s claim(s).Include the ?nal 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 ?nal payment for the agreement is subject to audit.
Agreement Number:21-034
Exhibit J Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
Page 250 of 310
AGENDA REPORT
FOR: City Council January 13, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Bid Award - North Industrial Way Stormwater Retrofit &
Overlay
I. REFERENCE(S):
Resolution
Vicinity Map
Bid Tabulations
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, award ing Bid No. 20101
for the North Industrial Way Stormwater Retrofit & Overlay project to Double J
Excavating, Inc. of Pasco, WA in the amount of $503,000.00 and further
authorize the City Manager to execute the contract documents and allowing all
necessary budget adjustments.
III. FISCAL IMPACT:
This project is funded by both the Overlay Fund (Fund 130) for $150,000 and
the Stormwater Fund (Fund 470) for $500,000.
IV. HISTORY AND FACTS BRIEF:
North Industrial Way between Foster Wells Road and E. Kartchner Street is a
heavy truck route that serves several agricultural processors and other industrial
companies. Through many years of heavy use, the roadway has deteriorated to
a point where a grind and overlay are needed to extend the life of this street.
Also, due to significant ponding in the street after rain events, the drainage
system for this street will also be replaced. Staff prepared construction plans,
specifications, and a bid package for the proposed improvements.
V. DISCUSSION:
Page 251 of 310
On January 12, 2021, the City received Nine (9) bids for the project. The lowest
responsive bid was received from Double J Excavating, Inc. of Pasco, WA in the
amount of $503,000.00. The Engineer's Estimate is $570,575.00.
Staff has reviewed the bid submittal and found no exceptions or irregularities;
therefore, Staff recommends award of the contract to Double J Excavating, Inc.
of Pasco, WA.
Page 252 of 310
Resolution – Bid Award for the North Industrial Way Stormwater Retrofit & Overlay Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 20101 FOR THE NORTH
INDUSTRIAL WAY STORMWATER RETROFIT & OVERLAY PROJECT TO
DOUBLE J EXCAVATING, INC. OF PASCO, WASHINGTON AND FURTHER
AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT
DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET
ADJUSTMENTS.
WHEREAS, the City of Pasco has an identified capital improvement public works project
described as the North Industrial Way Stormwater Retrofit & Overlay project; and
WHEREAS, this project involves the partial grind and overlay of Industrial Way,
replacement of identified catch basins between Foster Wells Road and E. Kartchner Street, and
other work; and
WHEREAS, the City solicited sealed public bids for this project, identified as the North
Industrial Way Stormwater Retrofit & Overlay project; and
WHEREAS, on January 12, 2022 at 2:00 p.m., Nine (9) bids were received and opened
by the City; and
WHEREAS, the lowest responsive bidder was Double J Excavating, Inc. with a Bid of
$503,000.00, which is below the Engineer’s Estimate of $570,575.00; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the North Industrial Way Stormwater Retrofit & Overlay
project to Double J Excavating, Inc. of Pasco, Washington in the amount of $503,000.00; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 253 of 310
Resolution – Bid Award for the North Industrial Way Stormwater Retrofit & Overlay Project - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of February,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 254 of 310
VICINITY MAP Page 255 of 310
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?awWwwnoma4mc:_m:o:m.203.._:n:mn_._m_<<u<m3_.:_Eunm_.282.0»:...=aO<m«_w<3383«~32.85039._m=cm..<u~.88573?,’,j3sooo\:owLn4>u:~»—-g1-1»-5-hmNNMMNNNNHHHHHuaxu-nJ>u:~>-oxoooxna-.uoUmmnausos_<_oE__-:o:Eamon._.m=io$_.<A8838no=2o_._<=:.8:3.88888_»omn<<m<m:..<m<__._mQmnxmmm___._m._.mEmaim983.8088_um<m3m:n:Z_>n_.w\m_.8883.88_.:<_>3..vm<m3m_..nxmum:n_.w\m._umm>m.~mwm<m::...:»2288:.mxnm<m:o:__8_.Im:_muons$52vimam.3.U.3.c:qm&B_:Bum_::_»«m:o:._.«m:n:m<mnm3HN_:.Q83.m:o.._:monwasmxnm<mzo898:83.8.288H088...wmmi._.<mmN>883_<_m:_._o_mc:__.2n_.o$_:m>98"<8_<mmox_8_mn303820:9383noanamnm._.B1._n8288:8958..>358_<_O::3m=n93eano<m«9383noun.ma2a__A2328_._:mEmmzn<<Em_.m:m_._:m3838xm__3m_.._Qommim$388.2328mnou::m2838.:.mm._n>292_<=:o_.nrmawmmmnoaUB<<_:nm._<::.ma$88.88no3um:.2<m2%S83888888on88:823.~85.>__E88:m<mcam:«m<_ms:...n_u<:.__m038.888m__c=Um_m:nmmEmu32.38.__,mno33m_._n_:888:28....ammémnama3“Uo_._Em._mxnm<m::m._:n.2V9_U88_u3_.mmzmmmaD538.888N80N888888Hmo88whoNwNMNVHoeHom.w~H88S8:8:$5517»m<._.O2._.O2w<m>m>m>m»m»9Eum>m<m>_._nm».5mz?ammiumm=.=_n.m:8:E3._.o.B_>:._oc_.:mmo.oo8.o8mmo.8oo.88$9888.88mHoboobo39888.88m8.808888.8m8.88.88.88mmmhoobo388.88.8.88.88.88888.mumboobo38.8mH.n..moo.co38.8mH?moobo38.88m-.88.888.8m8.30.88m~.888.o8m8.88.8888.88.88888.8888$88.88wH?mmobo888.8.0.~.~m8.88$88.88mH~.Hoo.oo$88.88wNuoobommobow9888.88mmoobom8.888mmobommoobo3.8w3.88.888.88mmoobo3.88.8mHbocbo38.88m30.88$88.80wmboobo88.88.88mHoboobo3.88888w8088.888883.“8m8.mum.88._.O._.>_.ummuohumbo08828283.nm3..m_<<mm_.._:m8:>m_u_._m_»:8:3.8.38.>.so:3muu.m8..n.~m88.8888888.88.8888.88.888whoobo88.88.888Hummm.3m.oo88.8m8.88.88m88.88883.88.88888.88m8.88.88888.888.88.88888.88m8.88.88888.8883.88.888who88.88.8m8.88.8888.88.8888.88.8888.88.88838.8888.88.88mN88888.88.88m88.88m8.88.88888.888.88.88888.88.0.8.88.8m88.88~.888.88888.888.88.8888.88.0.Swmuhmm8.88888.88mubmobcmH.~mo.oom8.88888.8m88.888Nmoobom8.888.8888.888.888Hboobo.0.8.88.88888.888888.888h.O:~wan~O\..82.5._um<.:mca.3.8mmmmmmmmmvmmmmmmmmmmmmmmmmmm8.88.88uobooboHmhoobowhowhow~.mo88.8umbo3.83.8Nm.ooNwmobo8.88.88mmobo$8.8888.88mobo«Foowwobo888Foowho..r~mm.oo8.88HwmboHobooboHboobo._.o.w_>:..O:_...n-u;"./>1./$'1/$4.!)1/>10-U>U></>1I>1I>(l>(l><D1l>V$<l>1I>(hV>U$(/>'(n£h(I$V$<D3.88.888.88.888.88.888.88.8888.88.8885.88.8888.88.885888.888.88.883.88.888.88.888.88.88.u.m.So.oo8.88.888.88.888.88.88Fwmobo8.88.888.88.88C88888.85.8888.8fnmmbo88.8Nhmobo8.88.88.888885.8388mHH.whm.mo083.388...._u<<.xn8<~::mca:128._.o8_>:._o:_..nm-..n.88.8888588.8888.88.8888.88.8888.88.8888.88.888who88.88.888~88...8.88.888u-.mom88.88.88888.888.88.88888.888.88.88888.88m8.88.88888.885.88.8888.8muhoobow8888.88m8.88.8888.88.8885.88.8888.88.88888.88.8888.88.88888.88.88.5.88.88888.88.88m8.88$8.8888.8888.88.8m88.88m8.88.88m88.8888.88.8888.888.88.8888.88.0.Hboobo88.88.8888.88.8888.88HbmnhoM88.88mboobom8.888.88M.8.888.88mHboobomHboobo...88.88.88m88.888noaadngh.0883.3:8:3.88mwboobommbooboNoooboP8NmmCubeHmobomobo86.88-8.ooWoomhoobo8.38.88mmoborwoobamamboHombo8.888.838.88PwowhouhmoboH~.mou~m.oo3.88.88Hboobowmmmmmmmmmmmmmmvsmmmmmwmmmmm.33.>30:8.u5'(f>'1/‘A1/5113-'U¥(/$1/$<I¥(?'U5iD'U5(D'U1'U¥'U1'U$?/¥'(/¥(?1?-1h1I)1D'£D1h1DwwboobommbooboNoooboPwmobo~o.mA.n..oo88.88.88Hmboobo8.88.88-.>oo.oowm.moPooH.o~o.oo8.88.883.88.888.88.88uwhoobo8.88.8£88.88mbooboNbooboHboobo8.88.88woobo?umobouu~.moNmooboHobooboHboobommwhhwho88.88.8811:41:I'lPage 257 of 310
AGENDA REPORT
FOR: City Council February 2, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Banning Local Income Tax
I. REFERENCE(S):
Draft Resolution
Draft Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, expressing Council's
oppositions to a local income tax on the resident and businesses of the City of
Pasco.
and/or
MOTION: I move to adopt Ordinance No. _____, creating a new Chapter 3.31
entitled, "Local Income Tax," within Title 3, "Revenue and Finance" of the Pasco
Municipal Code, to oppose a local income tax on the residents and businesses
of the City of Pasco.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The issue of a local income tax has been discussed by the City Council in their
previous three meetings. While Councilmembers speaking to the issue have
uniformly indicated they would not favor a imposing a local income tax, the
Council has not been as uniform in how to convey their collective position.
Page 258 of 310
At the January 24 Workshop meeting, a majority of Councilmembers indicated
their support of passage of an resolution or ordinance stating their City Council
opposition to the imposition of a local income tax.
V. DISCUSSION:
Consistent with the discussion at the January 24 Workshop and to assist in
Council's final action related to their stance on prohibiting a local income tax
within Pasco, the City Attorney's Office has prepared both a draft resolution and
draft ordinance for Council's review and determination:
• Draft resolution expressing Council's opposition to the imposition of a
local income tax by the City of Pasco.
• Draft ordinance amending the Pasco Municipal Code to provide for such
a prohibition.
Page 259 of 310
Resolution Opposing Local State Income Tax Option - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON, EXPRESSING ITS OPPOSITION TO
A LOCAL INCOME TAX ON THE RESIDENTS AND
BUSINESSES OF THE CITY OF PASCO.
WHEREAS, Article VII, § 1 of the Washington State Constitution establishes the basic
framework for taxation in the State of Washington, including what shall be permitted as a tax; and
WHEREAS, after the City of Seattle attempted to enact an income tax on certain
individuals applicable within its municipal boundaries, the Washington State Court of Appeals,
Division I, ruled that such a tax, when selectively applied, was unconstitutional and invalid.
Kunath v. City of Seattle, 10 Wash. App. 2d 205, 444 P.3d 1235 (2019), review denied 195 Wn.2d
1013 (2020)); and
WHEREAS, certain language in the Kunath ruling has caused discussion in various
communities across Washington as to whether cities have authority to impose a local income tax,
which, under Washington law, is legally considered a tax on property; and
WHEREAS, the Washington State Supreme Court denied the request for appeal of the
Kunath case such that the ruling stands at this time; and
WHEREAS, the Washington State Legislature recently introduced a bill (Senate Bill
5554) which proposed to repeal existing statutory language prohibiting local government from
levying a net income tax, and would authorize counties, cities and towns to levy a graduated tax
on personal or business net income - if the jurisdiction makes a corresponding reduction in the
amounts collected in certain uniform local taxes; and
WHEREAS, the City Council wishes to join many other Washington local jurisdictions,
including Battle Ground, DuPont, Granger, Kennewick, Longview, Moses Lake, Richland,
Spokane, Spokane Valley, Union Gap, West Richland and Yakima, as well as Chelan County,
Franklin County, Grant County, Spokane County and Yakima County, in publicly declaring its
position opposing the imposition of a local income tax on its residents and businesses; and
WHEREAS, businesses large and small provide the economic lifeblood in our City, the
County, the region, state and country; and
WHEREAS, businesses are already subject to a highly regressive business and occupation
tax imposed by the state of Washington, and although many cities across the state additionally
impose a local business and occupation tax, the Pasco City Council has deliberately chosen not to
do so, electing, instead, to create a regulatory and taxing climate based on opportunity in which
businesses may operate; and
DRAFT
Page 260 of 310
Resolution Opposing Local State Income Tax Option - 2
WHEREAS, the City Council knows that a strong and encouraging business climate is
one of the best ways to attract and retain good businesses to employ people in family wage jobs;
and
WHEREAS, use of a local income tax may generate additional revenue in the short term,
but would most likely result in less long-term revenue due to the dampening effect it would have
on our businesses.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the imposition of a local income tax on the businesses and residents of the City of
Pasco is opposed. Such a tax would be a direct conflict with the high value the City places on
promoting economic development through the attraction and expansion of financially healthy,
family wage paying employers. Small businesses are the backbone of our local, regional, state,
and national economy and it is imperative that the City not put unnecessary hurdles in the way of
their success. As such, the City Council of the City of Pasco opposes the imposition of a local
income tax in the event a local income tax is determined legal and permissible by the Washington
State Supreme Court or the Washington State Legislature, and
Be It Further Resolved that the City Manager is authorized and directed to forward
executed copies of this Resolution to the appropriate representatives of both houses of the
Washington State Legislature, and of the Association of Washington Cities, in Olympia,
Washington, and
Be It Further Resolved that this Resolution shall be effective upon adoption.
PASSED by the City Council of the City of Pasco, Washington, this ______ day of
_________________, 2022.
____________________________
Blanche Barajas
Mayor
APPROVED AS TO FORM:
____________________________ ____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 261 of 310
Ordinance – Amending PMC, Creating Chapter 3.31 - 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
CREATING A NEW CHAPTER 3.31, ENTITLED “LOCAL INCOME TAX,”
WITHIN TITLE 3, “REVENUE AND FINANCE” OF THE PASCO MUNICIPAL
CODE, TO OPPOSE A LOCAL INCOME TAX ON THE RESIDENTS AND
BUSINESSES OF THE CITY OF PASCO.
WHEREAS, Article VII, § 1 of the Washington State Constitution establishes the basic
framework for taxation in the State of Washington, including what shall be permitted as a tax; and
WHEREAS, after the City of Seattle attempted to enact an income tax on certain
individuals applicable within its municipal boundaries, the Washington State Court of Appeals,
Division 1, ruled that such a tax, when selectively applied, was unconstitutional and invalid.
Kunath v. City of Seattle, 10 Wash. App. 2d 205 (Div. 1 2019); and
WHEREAS, certain language in the Kunath ruling has caused discussion in various
committees across Washington as to whether cities have authority to impose a local income tax,
which is legally considered a tax on property; and
WHEREAS, the Washington State Supreme Court denied request for appeal of the Kunath
case such that the ruling stands at this time; and
WHEREAS, the City Council wants to declare its opposition regarding a local income tax
on its residents and businesses; and
WHEREAS, businesses large and small, provide the economic lifeblood in our City, the
region, state, and country; and
WHEREAS, the City Council knows that a strong and encouraging business climate and
quality of place are the best ways to attract and retain good businesses to employ people in
family wage jobs; and
WHEREAS, use of a local income tax would most likely result in less long-term revenue
due to the dampening effect it would have on our businesses and local economy.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a new Chapter 3.31 entitled “Local Income Tax” of the Pasco Municipal
Code shall be and hereby is created and shall read as follows:
Chapter 3.31
Local Income Tax
Sections:
3.31.010 Purpose.
Page 262 of 310
Ordinance – Amending PMC, Creating Chapter 3.31 - 2
3.31.020 Local Income Tax Banned.
3.31.010 Purpose.
The imposition of a local income tax on the businesses and residents of the City of Pasco is a direct
conflict with the high value the City places on promoting economic development through the
attraction and expansion of financially healthy, family wage paying employers. Small businesses
are the foundation of our local, regional, state, and national economy and it is imperative that the
City not put unnecessary obstacles in the way of their success.
3.31.020 Local Income Tax Prohibited.
No local income tax shall be imposed upon the Residents or Businesses of the City of Pasco.
Section 2. 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 ________,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ______________________
Page 263 of 310
AGENDA REPORT
FOR: City Council January 28, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Velicanin RS-20 to either RS-12 or RS-1 Rezone (Z 2021-016)
I. REFERENCE(S):
Vicinity Map
Hearing Examiner Recommendation
Hearing Examiner Report from January 12, 2022 Hearing
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to concur with Hearing Examiner findings and recommendation
and deny a request to rezone a parcel located at 8812 West Court Street in
Pasco, WA from RS-20 to either RS-12 or RS-1.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On January 12, 2022, the the Hearing Examiner held a public hearing to consider
a request to rezone Lot 1, Block 2, Lakeview Addition (Parcel No. 118331010);
located at 8812 West Court Street on the southwest corner of Road 88 and West
Court Street in Pasco, WA from RS-20 (Low-Density Residential) to RS-12 (Low-
Density Residential) or RS-1 (Low-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended denial of the applicant's request for a rezone from RS-20 (Low-
Density Residential) to RS-12 (Low-Density Residential) or RS-1 (Low-Density
Residential).
No appeals of this recommendation have been received.
Page 264 of 310
V. DISCUSSION:
The initial review criteria for considering a rezone application are explained in
Pasco Municipal Code (PMC) Section 25.210.030. The Applicant has the burden
of proof to demonstrate compliance with all applicable laws, rules and
regulations.
As per the Hearing Examiner, and as shown in the Hearing Examiner's
recommendation, the Applicant has not been able to satisfy its burden of proof
to show compliance with all of the applicable criteria set forth within PMC Section
25.210.030. Therefore the Hearing Examiner concluded this rezone application
is not consistent with the PMC.
Review of the Hearing Examiner's recommendation would occur through a
"Closed Record Hearing" in which Council would consider the record from the
Open Hearing and subsequent Recommendation of the Examiner.
Page 265 of 310
ROAD 88WHIPPLE
ROBERTS
COURT
WHIPPLE
0 140 280 420 56070
Feet
0 140 280 420 56070
Feet
Vicinity
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 266 of 310
CITY OF PASCO HEARING EXA1V[[NER
IN THE MATTER OF )RECOMMENDED FINDINGS OF
)FACT,RECOMMENDED
)CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2021-016 )
Velicanin )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
January 12,2022,the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact,Recommended Conclusions of Law,and Recommended Decision as
follows:
I.RECOMIVIENDED FINDINGS OF FACT
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal:Lot 1,Block 2,Lakeview Addition,located in Section 20,Township 9 North,
Range 29 East,W.M.,Records of Franklin County,Washington (Parcel 118331010).
1.2 General Location:8812 West Court Street;located on the southwest corner of Road
88 and West Court Street in Pasco,WA.
1.3 Prope?y Size:.6 Acres (26,050.64 Square feet).
1.4 Applicant:Sabira Velicanin,8812 West Court Street,Pasco,WA 99301
1.5 Request:Rezone Velicanin RS-20 to either RS—12or RS-1.
2.ACCESS:The parcel has access from West Court Street and Road 88.
3.UTILITIES:Municipal water and sewer services are located in both West Court Street and
Road 88.
4.LAND USE AND ZONING:The property is currently zoned RS-20 (Low-Density
Residential).The site is developed with a Single-Family Dwelling Unit (SFDU)and a shed.
Surrounding zoning and land uses are likewise zoned RS-20 and developed with SFDUs.
5.CONIPREHENSIVE PLAN:The Comprehensive Plan Land Use Map designates the area
“Low—DensityResidential,”the “Low—DensityResidential”designation allows for single
family residential development at a density of 2 to 5 dwelling units per acre.Allowable
Comprehensive Plan to support a finding of changed conditions.6.ENVIRONNEZNTAL DETERMJNATION:The City of Pasco is the lead agency for thisproject.Based on the State Environmental Policy Act (“SEPA”)checklist,ComprehensivePlan,applicable regulations,and other information,a threshold determination resulting in aZ2021016VelicaninPage1of5Page 267 of 310
10.
Determination of Non-Signi?cance (DNS)was issued on 22 December 2021 for this project
under WAC 197-11-158.
REQUEST:Sabira Velicanin,has submitted an application to rezone Parcel 118331010,
located along the south side of West Court Street and Road 88,from RS-20 (Low-Density
Residential)to RS-12 (Low—DensityResidential)or RS-1 (Low—DensityResidential).The
Applicant wishes to create a 2-lot subdivision on the .6-Acre site.
SITE:The site comprises .6 Acres (26,050.64 square feet)and has frontage access on West
Court Street and Road 88.The Comprehensive Plan designates the lot “Low-Density
Residential.”The “Low-Density Residential”designation allows for RS-20,RS-12,RS-1,R-
1,R-1-A,and R-1 A-2 zoning and may be developed with Single family residential uses.
Residential density may range from 2 to 5 dwelling units per acre in the “Low-Density
Residential”designated area.The RS-12 and R-1 zones are consistent with the
Comprehensive Plan Land Use Map designation.
HISTORY:The site was annexed into the City in 2002 (Ordinance #3532)and assigned RS-
20 (Low—DensityResidential)zoning (Ordinance #3533)in conjunction with the annexation.
The site has not been rezoned since.In support of their petition,Applicant has noted one
duplex three houses down located at 8904 West Court Street which was developed in 1970,
as well as two houses built on 12,000-square-foot lots on the corner of West Court Street and
road 92,also built nearly 50 years ago.These units were all built under old Franklin County
regulations over 30 years prior to annexation.Those regulations no longer apply.
REZONE CRITERIA:The initial review criteria for considering a rezone application are
explained in PMC 25 .210.030.The Applicant has the burden of proof as to all criteria.The
criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The site was assigned RS-20 (Low—Density Residential)zoning in
conjunction with the 2002 annexation.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;
however there have been no substantial changes in the designated area.
10.2.2 The Applicant submitted no evidence of changed conditions to support this
criteria.
10.3 Facts to justify the change on the basis of advancing the public health,safety and
general welfare:
10.3.1 The existing RS-20 (Low—DensityResidential)zoning is intended to allow
10.3.2 While the rezone application is consistent with the Pasco ComprehensivePlan,the Applicant submitted no evidence demonstrating compliance withthiscriteria.10.4 The effect it will have on the value and character of the adjacent property and theComprehensivePlan:Z 2021 016VelicaninPage2of5Page 268 of 310
11.
12.
14.
10.5
10.6
10.4.1
10.4.2
10.4.3
The area consists primarily of fully developed half-acre lots.If subdivided as
per applicant’s plan it would also be the only quarter-acre lot in the
immediate vicinity.While this rezone may feel like “spot-zoning”—one RS-
l2 (or RS-l)lot in the middle of an RS-20 zoning district—the classic
de?nition of spot zoning is “the process of singling out a small parcel of land
for a use classification totally different from that of the surrounding area for
the benefit of the owner of such property and to the detriment of other
owners”(See:Anderson’s American Law of Zoning,4th Edition,§5.12
(1995)).In this instance,RS-12 and RS-1 zoning represent higher density,
but do not necessarily constitute “totally different”land use classi?cations.
Substantial public testimony,described below,clearly demonstrates that the
requested rezone,and subsequent short plat with extremely small lots with
limited buildable area due to easements and setbacks,renders this rezone
request inconsistentwith the character of the surrounding neighborhood.
The rezone application would not be consistent with the character of the
neighborhood.
The effect on the property owner or owners if the request is not granted:
10.5.1 If the property retains the current RS-20 zoning designation the owners
would still enjoy the same right and privileges as owners of the surrounding
lots.This criteria has not been satis?ed.
The Comprehensive Plan land use designation for the property:
10.6.1
10.6.2
10.6.3
The Land Use Element of the Plan now designates the lot “Low-Density
Residential.”The “Low-Density Residential”designation allows for RS-20,
RS-12,RS-1,R-1,R-1-A,and R-1 A-2 zoning and may be developed with
Single family residential development.
Per section 12.36.050 of the Pasco Municipal Code,adequate and proper
right-of-way improvements shall be required at the time of development.
10-feet of ROW dedication needs to be made along Court Street and Road
88.This right-of-way dedication adjacent to W Court Street would reduce lot
size by 1,307.4 sq.ft.to approximately 24,841 sq.ft.This would result in
tight tolerances for short platting into two lots under RS-12 zoning.The rear
setback of the dwelling will severely impact the allowable proximity of a
new lot line near the existing dwelling.Without knowing the height of the
dwelling,it is not possible to determination if a division would be possible if
the property were to be rezoned to RS-12.
Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on December 20,2021.
There have been no substantial the area.
impact the allowable proximity of a new lot line near the existing dwelling.An open record public hearing after due legal notice was held January 12,2022 viavideoconference.Z 2021 016VelicaninPage3of5Page 269 of 310
15.
16.
17.
18.
19.
Appearing and testifying on behalf of the Applicant were Amel Velicanin and Sabira
Velicanin.Ms.Velicanin is a co—owner of the home.Amel Velicanin is Sabira Velicanin’s
son.Mr.Velicanin testified they wanted to have a short plat so they can build a second home
on the property for the use of his parents,who are elderly.When questioned by the Hearing
Examiner,Mr.Velicanin admitted that they have no evidence for the criteria of a change of
conditions.He did point out the other homes in the area that have multiple residences on one
lot,but agrees that they were built a long time ago.
Testifying from the public were the following individuals:
16.1 Dana Crutch?eld.Ms.Crutch?eld raised concerns regarding notice provided to the
neighborhood.She also testified that the requested rezone and creation of two small
lots would change the character of the neighborhood.
16.2 Gag Crutch?eld.Mr.Crutch?eld discussed certain segments of the staff report.He
recognized that the Comprehensive Plan uses,along with the actual zoning,has not
changed since annexation.He believed that allowing this rezone to allow the
creation of two very small lots would be to the detriment to the value and character of
the neighborhood.He offered his opinion based upon his observations that because of
RS—12 and R-1 lots are not consistent with the surrounding neighborhood.Mr.
Crutch?eld questioned page 6,section 2 of the staff report regarding some factual
information that he did not feel was accurate for this project.Staff later agreed that
this information related to a separate project.
16.3 Tom Robinson.Mr.Robinson testified in opposition to the project indicating that this
corner lot has PUD easements and multiple setbacks that will further restrict the size
of buildable areas on each lot.
The Hearing Examiner finds that the smaller lots that would be a result of this rezone are not
consistent with the character of the current neighborhood and current lot sizes in the
neighborhood
The staff report,application materials,agency comments and the entire ?le of record were
admitted into the record.
Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
H.RECONHVIENDED CONCLUSIONS OF LAW
Before recommending approval or denial of a rezone,the Hearing Examiner must develop ?ndings of
fact from which to draw its conclusions based upon the criteria listed in PMC 25.2l0.060.The
criteria are as follows:
1.
2.
The Hearing Examiner has been granted authority to render this recommendeddecision.
torulesandregulations.The Applicant has not been able to satisfy its burden of proof to showcompliancewithalloftheapplicablecriteriasetforthwithinPMC25.210.030.Therefore,this rezone application is not consistent with the Pasco Municipal Code.Z 2021 016VelicaninPage4of5Page 270 of 310
3.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based upon the above recommended Finding of Facts and recommended Conclusions of Law,
the Hearing Examiner recommends DENIAL of rezone application Z 2021-016.
Dated this 18”‘day January,2022.
CIT OF PASCO HEARING EXAMINER
g/ggl//7
drew L.Kottkamp
Z 2021 016VelicaninPage5of5Page 271 of 310
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 12 January 2022
6:00 PM
1
MASTER FILE #: Z 2021-016
APPLICANT: Sabira Velicanin
8812 West Court Street
Pasco, WA 99301
REQUEST: REZONE: Velicanin RS-20 to either RS-12 or RS-1
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lot 1, Block 2, Lakeview Addition, located in Section 20, Township 9 North, Range
29 East, W.M., Records of Franklin County, Washington (Parcel 118331010).
General Location: 8812 West Court Street; located on the southwest corner of Road 88
and West Court Street in Pasco, WA.
Property Size: .6 Acres (26,050.64 Square feet).
2. ACCESS: The parcel has access from West Court Street and Road 88.
3. UTILITIES: Municipal water and sewer services are located in both West Court Street and
Road 88.
4. LAND USE AND ZONING: The property is currently zoned RS-20 (Low-Density Residential).
The site is developed with a Single-Family Dwelling Unit (SFDU) and a shed. Surrounding
zoning and land uses are likewise zoned RS-20 and developed with SFDUs.
5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area “Low-
Density Residential;” the “Low-Density Residential” designation allows for Single family
residential development at a density of 2 to 5 dwelling units per acre. Allowable zoning
for the “Low-Density Residential” land use designation includes the RS-20, RS-12, RS-1, R-
1, R-1-A, and R-1 A-2 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
Determination of Non-Significance (DNS) was issued on 22 December 2021 for this project
under WAC 197-11-158.
Page 272 of 310
2
ANALYSIS
Request
Sabira Velicanin, has submitted an application to rezone Parcel 118331010, located along the
south side of West Court Street and Road 88, from RS-20 (Low-Density Residential) to RS-12 (Low-
Density Residential) or RS-1 (Low-Density Residential). Applicant wishes to create a 2-lot
subdivision on the .6-Acre site.
Site
The site comprises .6 Acres (26,050.64 square feet) and has frontage access on West Court Street
and Road 88.
The Comprehensive Plan designates the lot “Low-Density Residential.” The “Low-Density
Residential” designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2 zoning and may be
developed with Single family residential uses.
Residential density may range from 2 to 5 dwelling units per acre in the “Low-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 in 2002 (Ordinance #3532) and assigned RS-20 (Low-Density
Residential) zoning (Ordinance #3533) in conjunction with the annexation. The site has not been
rezoned since.
In support of their petition, Applicant has noted one duplex three houses down located at 8904
West Court Street which was developed in 1970, as well as two houses built on 12,000-square-
foot lots on the corner of West Court Street and road 92, also built nearly 50 years ago. These
units were all built under old Franklin County regulations over 30 years prior to annexation. Those
regulations no longer apply.
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:
The site was assigned RS-20 (Low-Density Residential) zoning in conjunction with the 2002
annexation. Zoning for the site has not changed since then.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Page 273 of 310
3
City Council has recently approved an update to the Comprehensive Plan; however there have
been no substantial changes in the designated area.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The existing RS-20 (Low-Density Residential) zoning is intended to allow for suburban densities
within the Urban Growth Area (UGA).
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.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
The area consists primarily of fully developed half-acre lots. If subdivided as per applicant’s plan
it would also be the only quarter-acre lot in the immediate vicinity. While this rezone may feel like
“spot-zoning”—one RS-12 (or RS-1) lot in the middle of an RS-20 zoning district—the classic
definition of spot zoning is “the process of singling out a small parcel of land for a use classification
totally different from that of the surrounding area for the benefit of the owner of such property
and to the detriment of other owners” (See: Anderson’s American Law of Zoning, 4th Edition, §
5.12 (1995)). In this instance, RS-12 and RS-1 zoning represent higher density, but do not
necessarily constitute “totally different” land use classifications.
The rezone application would not be consistent with the character of the neighborhood.
5. The effect on the property owner or owners if the request is not granted:
If the property retains the current RS-20 zoning designation the owners would still enjoy the same
right and privileges as owners of the surrounding lots.
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Plan now designates the lot “Low-Density Residential.” The “Low-
Density Residential” designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2 zoning and
may be developed with Single family residential development.
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. However, the proposed zoning request with potential for 10,000-
12,000-square foot lots, is not necessarily consistent with the character of the neighborhood,
being completely surrounded by 20,000-square-foot lots.
In support of their petition, Applicant has noted one duplex three houses down located at 8904
West Court Street, which was developed in 1970, as well as two houses on the corner of West
Court Street and road 92 (9122 West Court Street and 2213 Road 92) which were built in 1967
Page 274 of 310
4
and 1972, respectively. These three units were all built under old Franklin County regulations over
30 years prior to annexation. Franklin County zoning regulations no longer apply.
Per section 12.36.050 of the Pasco Municipal Code, adequate and proper right-of-way
improvements shall be required at the time of development.
10-feet of ROW dedication needs to be made along Court Street and Road 88. This right-of-way
dedication adjacent to W Court Street would reduce lot size by 1,307.4 sq. ft.to approximately
24,841 sq. ft. This would result in tight tolerances for short platting into two lots under RS-12
zoning. The rear setback of the dwelling will severely impact the allowable proximity of a new lot
line near the existing dwelling. Without knowing the height of the dwelling, it is not possible to
determination if a division would be possible if the property were to be rezoned to RS-12.
Given the above, it would make more sense for Applicant to request the R-S-1 rezone (10,000
square -foot minimum lot size) than R-S-12 (12,000 square-foot lot size); this would give the owner
more flexibility in terms of building and setback placement but would still limit the subdivision of
the original 26,050.64 square-foot parcel to two lots.
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 20 December 2021.
2. Applicant wishes to rezone Parcel #118331010, from RS-20 to either RS-12 or RS-1.
3. The site is located along the south side of West Court Street and Road 88.
4. The site comprises .6 Acres (26,050.64 Square feet)
5. The site has frontage access on West Court Street and Road 88.
6. Applicant wishes to create a 2-lot subdivision on the site.
7. The Comprehensive Plan designates the lot “Low-Density Residential.”
8. The “Low-Density Residential” designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and
R-1 A-2 zoning
9. The “Low-Density Residential” designation may be developed with Single family
residential uses.
10. Residential density may range from 2 to 5 dwelling units per acre in the “Low-Density
Residential” designated area.
11. The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
12. The site was annexed into the City in 2002.
13. The site was assigned RS-20 zoning in conjunction with the annexation.
14. The site has not been rezoned since.
15. Applicant has cited exception to the zoning code in proximal properties as follows:
a. A duplex located at 8904 West Court Street developed in 1970
Page 275 of 310
5
b. Two houses at 2213 Road 92 and 9122 West Court Street built on 12,000-square-
foot lots, built in 1967 and 1972, respectively.
16. These three units were all built under old Franklin County regulations over 30 years prior
to annexation.
17. Franklin County zoning regulations no longer apply.
18. There have been no substantial changes in the designated area.
19. Per PMC 12.36.050 adequate and proper right-of-way improvements shall be required at
the time of development.
20. Ten feet of ROW needs to be dedicated along West Court Street and Road 88.
21. The 10’ ROW dedication adjacent to West Court Street would reduce lot size to
approximately 24,841 sq. ft.
22. With RS-12 zoning the 10’ ROW dedication adjacent to West Court Street would severely
impact the allowable proximity of a new lot line near the existing dwelling.
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.
Development of the site with a 2-lot subdivision in conformance with RS-12 or RS-1 zoning
standards would help to implement the City’s comprehensive plan. The site is located adjacent
to West Court Street, a principal arterial street as designated under the City’s Street Classification
plan, and Road 88.
The “Low-Density Residential” designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2
zoning and may be developed with Single family residential development.
Residential density may range from 2 to 5 dwelling units per acre in the “Low-Density Residential”
designated area.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Goal LU-4: increase community accessibility through proper land use planning.
Land Use Policy L U-4-B: Encourage infill and higher density uses within proximity to major
travel corridors and public transportation service areas.
The site is located immediately adjacent to West Court Street, which is designated as a
principal arterial street.
Land Use Policy LU-4-D: Designate areas for higher density residential developments
where utilities and transportation facilities enable efficient use of capital resources.
*NOTE * The proposed rezone is not in an area designated by the Comprehensive Plan Land Use
Map for higher density development.
Page 276 of 310
6
Land Use Goal LU-5: maintain a broad range of residential land use designations to accommodate
a variety of lifestyles and housing opportunities
Land Use Policy LU-5-A: Allow a variety of residential densities throughout the UGA
The proposed rezone would help to provide a variety of residential densities by providing
an area of small lot single family residential development.
Land Use Policy LU-5-B: Encourage higher residential densities within and adjacent to
major travel corridors, Downtown (Central Business District), and Broadmoor
RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2 zoning would provide for higher density zoning
along a major travel corridor: West Court Street and Road 88.
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.
Housing Policy H-1-B 1-B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
Low-Density Residential development of the site would be compatible with the type and density
anticipated under the Pasco Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential.”
The “Low-Density Residential” designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2
zoning and may be developed with Single family residential development.
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 designates the lot “Low-Density Residential.”
The “Low-Density Residential” designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1 A-2
zoning and may be developed with Single family residential development.
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.
Page 277 of 310
7
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.
RECOMMENDATION
If the Hearing Examiner found it appropriate to recommend the R-S-1 rezone (10,000 square-foot
minimum lot size) rather than R-S-12 (12,000 square-foot lot size) this would give the owner more
flexibility in terms of building and setback placement but would still limit the subdivision of the
original 26,050.64 square-foot parcel to two lots. However, RS-12 zoning would be closer to the
current site and surrounding zoning and would likely be seen as more appropriate for the
established neighborhood.
Page 278 of 310
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0 710 1,400 2,100 2,800360
Feet
Overview
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 279 of 310
ROAD 88WHIPPLE
ROBERTS
COURT
WHIPPLE
0 140 280 420 56070
Feet
0 140 280 420 56070
Feet
Vicinity
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 280 of 310
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
2-4 Units
SFDU other
Commercial
VacantROAD 88WHIPPLE
ROBERTS
COURT
WHIPPLE
0 140 280 420 56070
Feet
Land Use
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 281 of 310
R-S-20
R-S-20R-S-20
R-S-20R-S-20
R-S-20R-S-20
ROAD 88WHIPPLE AVE
ROBERTS DR
W COURT ST
WHIPPLE AVE
0 140 280 420 56070
Feet
Zoning
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 282 of 310
Low Density
Residential
Low Density
Residential
Low Density
Residential
Low Density
Residential
ROAD 88WHIPPLE
ROBERTS
COURT
WHIPPLE
0 140 280 420 56070
Feet
Comp Plan
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 283 of 310
ROAD 88WHIPPLE AVE
ROBERTS DR
W COURT ST
WHIPPLE AVE
0 140 280 420 56070
Feet
"Exhibit A"
RS-12
or
RS-1
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
Page 284 of 310
Looking North
Page 285 of 310
Looking Northeast
Page 286 of 310
Looking East
Page 287 of 310
Looking Southeast
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Looking South
Page 289 of 310
Looking Southwest
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Looking West
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Looking Northwest
Page 292 of 310
Site
Page 293 of 310
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee:$825
Master File # Z 2 0dv) -O! W Date Submitted: 1�\f\1.-\ 2J 2 \
Applicant Info
Name:
��,T-: '\IJ. CouC-1""' :>4-
C-0 Wf\ q �o�Phone: so� ---�, -30 '6) Email:
Owner Info (if different than applicant) Name: �-V\. \fc::L-!G�I Address: � 1ft:A'J-w . Co\J._ct -v, ;f o:s '\JJ ()'\ °'. C\ � O �
Email: 0Cl<l!J\ '°'�oO.Co� r,(O\ .\JellCO,JJ\\\A \.Aoo - C.O vV1
ProjectAddress: ii�c?-\1J. Cov..(,,-� �C\�cc? Wo... �<>(1:701\
Project Parcel Number: 11 � i 'zJ?JlO l-0
Current Zoning: --�-4---"'"""'. ::.......;:;_:o=-----------------------
Requested Zoning: b 0 ·\ Q \ � \ 2--
Describe the nature and effect of the proposed change: _____________ _
'XJ? \Vvv\\
\ \'\ -+wu ±u uii--�·v')f
l--o.\-s
tDD
Estimated time frame of development: {? �v'"V\"'T � ±v .{ y� \
Updated July 2019
Page 294 of 310
What conditions warrant the proposed rezone? _________________ _
, � v �v J e '""' e 0\-=z -\-a tx:�� ½
How will the proposed rezone advance the health, safety, and general welfare of the community? ·:t,,e �,\\ � cLe.ti{vve(') Vv't'L\ L:trv:\?("£\t'fJ
What effect will the proposed change have on the value and character of adjacent property?
\ 'l i \ l _'a � i \I 11:J
\)(02 �e f-1· -e " "v\ l1,.e, o\ \he, �<Co,C( 1J uv ,Jv; t½ ,;,w, Qunt\l ,1 c
\
How does the proposed rezone relate to the City's Comprehensive Plan? \VJ, l \ 6 \\I\ c.\ 0 flt
What effect will be realized by the owner(s) if the proposed rezone is not granted? _____ _
W\\\ b? Pf\Chle ·-t-u ,-c�\�cc:. c1y\ o�c\ef \:)Pt1t? A.½J \%f.d \-0 be
� \i\$= lX\ c�J ut·, \ ·, 1\ , s
NOTE:Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
...
Page 295 of 310
Fee for Rezone
Environmental Checklist
Radius Notification
[J SEPA Checklist
S�nature of Applicant
*Notarized Signature of Property Owner
State of Washington )
County of Franklin
ss.
□Site map
$700.00
$ 75.00$ 50.00
$825.00
C Fee of $825
Fee:$825
On this I�µ...
day of fult.l'YlW 1.ov , before me the undersigned, a Notary Public in and
for the1 S�te \ pf W�shington, duly commissioned A� sworn, personally appearedt'()Q..l(J :{-l 'CGlJ)LV'1 being duly sworn o�her oath that he/she has prepared
and read the foregoing statements and has ackpgw.ledged to me that the recitations contained
therein are true, and has signed this instrument �her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this _l&_day of �w-, de9--£
Updated July 2019 ·-.. ,,,.,,; .•
Notary Publi i
Residing at_....\--"-________ _
Page 296 of 310
Page 297 of 310
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: Sabira Velicanin has submitted a rezone application (Z 2021-016) from RS-20 (Low-Density Residential) to
RS-12 (Low-Density Residential) or RS-1 (Low-Density Residential), for Lot 1, Block 2, Lakeview Addition, located in
Section 20, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington (Parcel 118331010).
Said property is situated on the southwest corner of Road 88 and West Court Street in Pasco, WA. 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 12 January 2022. 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:
planning@pasco-wa.gov.
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on 12 January 2022
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 Rezone application (Z 2021-016) from RS-20 to RS-12 or RS-1 at this
meeting.
If you wish to participate in the hearing virtually, please register at least 24 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 recommendation to City
Council on the Rezone application within ten (10) business days of the close of the public hearing.
Prepared 20 December 2021 by Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441
Page 298 of 310
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Overview
Map
Item: Velicanin Rezone RS-20 to RS-12 or RS-1
Applicant: Sabira Velicanin
File #: Z 2021-016
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Community Development Department
PO Box 293,525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: 22 December 2021
Project Name: Velicanin R-S-20 to R-S 12 or R-S-1 Rezone
Project Number: SEPA 2021-092 /Z 2021-016
Proponent:
Applicant:
Sabira Velicanin
8812 West Court Street
Pasco, WA 99301
Sabira Velicanin
8812 West Court Street
Pasco, WA 99301
Description of Proposal: Rezone (Z 2021-016) of approximately .6 Acres (26,050.64
Square feet) from RS-20 (Low-Density Residential) to RS-12 (Low-Density Residential) or
RS-1 (Low-Density Residential) for Franklin County, Washington Parcel 118331010, in
anticipation of a future 2-lot subdivision.
Location of Proposal:
General Location: 8812 West Court Street; located on the southwest corner of Road 88
and West Court Street in Pasco, WA.
Legal: Lot 1, Block 2, Lakeview Addition, located in Section 20, Township 9 North, Range
29 East, W.M., Records of Franklin County, Washington (Parcel 118331010) ..
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:� bt<2 ., -
Rick White, Community & Economic Development Director
Page 300 of 310
Page 301 of 310
AGENDA REPORT
FOR: City Council February 2, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 2/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Duarte RS-12 to R-1 Rezone (Z 2021-017)
I. REFERENCE(S):
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to set March 7, 2022 as the date for a closed record appeal
hearing for the Hearing Examiner recommendation of denial of a rezone request
on the northeast corner of North 28th Avenue and West Ella Street.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
On January 12, 2022, the the Hearing Examiner held an open record public
hearing to consider a request to rezone a parcel located on the northeast corner
of North 28th Avenue and West Ella Street from RS-12 (Low-Density Residential
12,000 sq ft minimum) to R-1 (Low-Density Residential 7,200 sq ft minimum).
Following the conduct of the public hearing, the Hearing Examiner
recommended denial of the applicant's request from RS -12 (Low-Density
Residential) to R-1 (Low-Density Residential).
The applicant has appealed the decision. Council is required to hold a closed-
record appeal hearing (with no new evidence or limited new evidence) to
consider the applicant's appeal. The next available date for a hearing is March
7, 2022.
Page 302 of 310
V. DISCUSSION:
The initial review criteria for considering a rezone application are explained in
Pasco Municipal Code (PMC) Section 25.210.030. The applicant has the burden
of proof to demonstrate compliance with all applicable laws, rules and
regulations.
The recommendation of the Hearing Examiner concluded that the applicant has
not been able to satisfy their burden of proof to show compliance with all of the
applicable criteria set forth within PMC Section 25.210.030.
Council will be provided the entire record of the application; a verbatim transcript
of the Open Record Hearing and a link to the recording of the same, prior to the
March 7th date for the closed record appeal hearing.
Page 303 of 310
ELLA28THI-182
WILCOX
ELLA
US 395WERNETT
S E A BROOK
ROAD 30J A Y
I-182
US395TOI182U S 3 9 5 T O I 1 8 2I182TO20TH
I182TOUS395
0 140 280 420 56070
Feet
0 140 280 420 56070
Feet
Vicinity
Map
Item: Duarte Rezone RS-12 to R-1
Applicant: Juana Veronica Porras Duarte
File #: Z 2021-017
Page 304 of 310
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 305 of 310
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 306 of 310
• 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 307 of 310
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 308 of 310
• 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 309 of 310
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
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