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HomeMy WebLinkAbout2012.02.06 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 6, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1_ Minutes of the Pasco City Council Meeting dated January 17,2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) I. To approve General Claims in the amount of$846,934.65 ($846,934.65 in the form of Wire Transfer Nos. 1163, 1164 and 1170; and Claim Warrants numbered 186012 through 186145 and 186162). 2011 EXPENSES 2. To approve General Claims in the amount of $1,074,294.58 ($155,853.27 in the form of Electronic Fund Transfer Nos. 8835, 8852 and 8920; and $918,441.31 in the form of Wire Transfer Nos. 1169, 1171 through 1174; and Claim Warrants numbered 186010, 186011, 186146 through 186161,and 186163 through 186313). 2012 EXPENSES 3. To approve Payroll Claims in the amount of$1,994,229.21, Voucher Nos. 43707 through 43774 and 80110 through 80119;and EFT Deposit Nos. 30049600 through 30050149. (c) Request for Streetlight Installation: 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 20, 2012. 2. Request from Property Owners. 3. Vicinity Map. To approve the installation of a streetlight at the intersection of Road 77 and Court Street. (d) Resolution No.3371, a Resolution approving a building lease for the Downtown Post Office. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated January 17, 2012. 2. Proposed Resolution. 3. LISPS Lease(Council packets only; copy available for public review in the A&CS office,the Pasco Library or on the city's webpage at http://www.pasco-wa.gov/citycouncilreports). To approve Resolution No. 3371, approving a building lease for the Downtown Post Office_ *(e) Resolution No. 3372, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications Project, 1, Agenda Report from Michael Pawlak, City Engineer dated February 2, 2012. 2. Resolution. To approve Resolution No, 3372, accepting the work performed by A&B Asphalt, Inc., under contract for the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications Project. *(f) Resolution No. 3373, a Resolution accepting work performed by Booth & Sons Construction, Inc., under contract for the Broadmoor Pump Station Improvements, Project No. 10-2-05. 1, Agenda Report from Mike Pawlak, City Engineer dated February 2, 2012. 2. Resolution. To approve Resolution No. 3373, accepting the work performed by Booth & Sons Construction, Inc., under contract for the Broadmoor Pump Station Improvements, Project No. 10-2-05. (RC MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 February 6,2012 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Mandatory Sidewalk Installation in LID 149(Kurtzman). 1. Agenda Report from Rick White, Community & Economic Development Director dated January 30, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Right-of-Way Inventory Map. 5. City Engineer's Determination. CONDUCT A PUBLIC HEARING Resolution No. , a Resolution ordering the installation of sidewalks on Hugo Avenue through Pasco Municipal Code Section 12.08. MO'l'ION: I movc ,o apprt)ve Resolution loo_ , ordering sidewalk installation on ]lug€ Avenue between _Alton and Lewis Strex:ts. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Code Amendment: Rabbit Hutch and Chicken Coop Setbacks Adjacent Alleys (MF #CA2012-001). 1. Agenda Report from Jeffrey Adams, Associate Planner dated February 2, 2012. 2. Proposed Ordinance. 3. Staff memo to the Planning Commission dated 1/19/12. 4. Planning Commission minutes dated 1125/12. MOTION FOR FINDINGS: I move to adopt the Findings as contained in thu staff memo it) the Plaaning.C.'ommiss ion dated 1/1'9/12. Ordinance No. an Ordinance relating to zoning and amending PMC Title 25 dealing with rabbit hutches/chicken coops and runs being located within five feet of alleys in residential zoning districts. MOTION FOR ORDINANCE: 1 move to Eidopi Ordinance loo, amending P VIC C haliter. 25.20, 25-22, 25,24. 2.5.26, 25,281 25,30, 25,32, 25,34. 25.36 and 25.38, [o nllo%y structUtes for the keeping of rabbits and chicken hens to be tocated within five feet of an adjacent alley and, further. authorizes publication by summary only, Q*(b) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a temporary use for a circus at 6200 Burden Boulevard. 1. Agenda Report from Shane O'Neill, Planner I dated January 26,2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 1/25/12. MCITION. I i ove to approtre Resolution No. approving a Special Permit for the Ineation of a temporary use(circus) at 6200 Burden Boulevard, Regular Meeting 3 _ February 6,2012 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Kurtzman Park Neighborhood Local Improvement District(LID) 149: 1. Agenda Report from Rick White, Community & Economic Development Director dated January 30,2012. 2. Vicinity Map. 3. Protest Tracking Matrix. 4. Map Showing Location of Owners/Properties Filing Protests. NO ACTION REQUIRED. (b) Architectural Services—Municipal Court: 1. Agenda Report from Stan Strebel,Deputy City Manager dated January 11,2012. 2. Proposed Agreement. MOTION.- I move to appiDve the agreement with. LCA+pH, LLC for architectural Wrxicos for the 1'ti+uinlcipFi I Court facility acrd, funher, authorize the Mayor to sign the Agreement. (c) Chiawana Park Restroom and Playground Replacement: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated January 17, 2012. 2. Vicinity Map. MOTION: I move to approve the puTul-wse of a restro-am building and plaiy Aructure from the State's bid fist,plus the necusmry cost ofiilstallation, the ioial not to exceed the budgeted amount of S210.000, (d) Commercial and Kahlotus Highway Lift Station: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 18, 2012. 2. Map. 3. Professional Services Agreement. MOTION: I tnrve to approve the Professional Services Agreement with CH2MHill authorizing professional services with respect to the Corr incrcial and Kahlotus Highway Lift Station, not to exceed$125,897 and, further. authorize;the Mayor to sign the agreement, *(e) 2012 Crack Sealing, Project No. M3-OV-3R-12-01: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 30,2012. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low Laid for the 2012 Crack Sealing. Project No. M3-OV-3R-12- 01 to Construction Ahead (dba Pavement Surtace Control), in the amount of 5185,247.76 arid, further, authorize the Mayor to sing the contract documents,. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Real Estate Acquisition (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: I. 1:30 p.m., Monday, February 6, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY,Alt.) 2. 7:00 p.m.,Tuesday, February 7, Pasco Senior Center—Community Forum. 3. 7:00 a.m., Thursday, February 9, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee Meeting. (COLNC[I-MEMBER BOB HOFFMANN,Rep.; REBECCA FRANCIK, Alt.). 4. 7:00 p.m., Thursday, February 9, TRAC Facility,Room#2—Community Forum. 5. 7:00 p.m., Thursday, February 9,Transit Facility—Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 17, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p,m, by Matt Watkins, Mayor. ROLL CALL: Couneilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated December 19, 2011. Minutes of the Special Pasco City Council Meeting dated January 9, 2012. (b) Bills and Communications: To approve General Claims in the amount of$995,974.88 ($89,594.92 in the form of Electronic Fund Transfer Nos. 8470 and 8598; and $906,379.96 in the form of Wire Transfer Nos. 1152, 1153, 1156 through 1162; and Claim Warrants numbered 185623 through 185776). (2011 EXPENSES) To approve General Claims in the amount of$434,333.14 ($434,333.14 in the form of Claim Warrants numbered 185809 through 185963). (201 1 EXPENSES) To approve General Claims in the amount of$522,508.67 ($161,596.80 in the form of Electronic Fund Transfer Nos, 8682, 8684, 8707, 8708, 8709 and 8757; and $360,911.87 in the form of Wire Transfer Nos. 1165 through 1 168; and Claim Warrants numbered 185777 through 185808 and 185964 through 186009), (2012 EXPENSES) To approve Payroll Claims in the amount of$3,232,224.23, Voucher Nos. 43622 through 43706 and 80100 through 80109; and EFT Deposit Nos. 30048765 through 30049599. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$239,674.30 and, of that amount, authorize $164,282.96 be turned over for collection. (c) Comprehensive Sewer Plan Community Resource Team Formation: To approve the formation of a Community Resource Team to provide input on the development of the City's Comprehensive Sewer Plan. (d) Estate Fence Committee Recommendations: To accept the recommendations of the Estate Fence Committee and, further, authorize the Mayor to sign the proposed letter to property owners. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 17, 2012 (e) Final Plat (MF#FP 2011-005) First Place, Phase 3 (Craig Angelo): To approve the final plat for First Place, Phase 3. (f) Final Plat (MF #FP2011-011) Northwest Commons PLED Phase 5 (Emerald Properties): To approve the Final Plat for Northwest Commons PUD, Phase 5. (g) Resolution No. 3365, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of South Maitland Avenue and East "C" Street. To approve Resolution No. 3365, setting 7:00 pm, Tuesday, February 21, 2012 as the time and date to conduct a public hearing to consider vacating a portion of Maitland Avenue and a portion of"C" Street. (h) Resolution No. 3366, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Pueblo Street, Superior Street, Nevada Avenue, Wyoming Avenue and Utah Avenue. To approve Resolution No. 3366, setting 7:00 pm, 'Tuesday, February 21, 2012 as the time and date to conduct a public hearing to consider vacating a portion of Pueblo Street. Superior Street, Utah Avenue, Nevada Avenue and Wyoming Avenue. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney attended the Public Works Forum for local asphalt/paving contractors. Ms. Francik attended the Martin Luther King Jr. Bell Ringing Ceremony at CBC. Mayor Watkins reported on the Ben-Franklin Transit Board meeting. Mr. Larsen attended the Senior Citizens Advisory Committee meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 4039, an Ordinance of the City of Pasco, amending Pasco Municipal Code Sections 3.07.190 Stormwater Utility charges. MOTION: Ms. Francik moved to adopt Ordinance No. 4039, adjusting the stormwater utility rates effective February 1, 2012 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 6-1. No — Larsen. Resolution No. 3367, a Resolution fixing the time and date for a public hearing to consider the installation of sidewalks on Hugo Avenue through Pasco Municipal Code Section 12.08. MOTION: Ms. Francik moved to approve Resolution No, 3367, setting 7:00 pm, Monday, February 6, 2012 as the time and date to conduct a hearing to consider sidewalk installation on Hugo Avenue between Alton and Lewis Streets. Mr. Martinez seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 17, ?012 Resolution No. 3368, a Resolution revising Citf policy on required street improvements on Oregon Avenue. Council and staff discussed the details of the proposed policy. MOTION: Ms. Francik moved to approve Resolution No. 3368, revising City policy on required street improvements on Oregon Avenue. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3369, a Resolution endorsing a Regional Emergency Communications System and urging the governing bodies of public safety agencies within Franklin County to implement such a system in calendar year 2012. Council and staff discussed the details of the proposed system. MOTION: Ms. Francik moved to approve Resolution No. 3369, endorsing a regional emergency communications system and urging the public safety agencies with Franklin County to implement such a system in calendar year 2012. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3370, a Resolution confirming Mayoral appointments of Councilmembers to various Boards and Committees. MOTION: Ms. Francik moved to approve Resolution No. 3370, confirming Mayoral appointments to various Boards and Committees. Mr. Garrison seconded. Motion carried 6-1. No — Larsen. NEW BUSINESS: Public Safety Sales Tax Measure: MOTION: Ms. Francik moved to authorize three additional police officer positions and one additional sergeant position to form the Street Crimes Unit. Mr. Garrison seconded. Motion carried unanimously. MOTION: Ms. Francik moved to authorize four additional police sergeant positions dependent on elimination of one police captain position and three corporal positions. Mr, Garrison seconded. Motion carried unanimously. Turbine Blowers for WWTP Optimization Improvements Project: Council and staff discussed the details of the proposed improvements. MOTION: Ms. Francik moved to award the low bid for the purchase of turbine blowers for the Wastewater Treatment Plant(WWTP) Optimization Improvements Project No. C3-10-51-SWR to Sulzer/ABS in the amount of$272,910.59 including sales tax and, further, authorize the Mayor to sign the contract documents, Mr. Garrison seconded, Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:1 I p.m. for approximately 15 minutes to review performance of a city employee. Mayor Watkins called the meeting back to order at 8:27 p.m. MOTION: Ms. Francik moved to approve a performance merit award of$10,000 to Mr. Crutchfield. Mr. Garrison seconded. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 17, 2012 MOTION: Mr. Hoffmann moved to amend the amount to $9,000. There was no second. Original motion carried 4-3. No- Larsen, Hoffmann, Yenney. ADJOURNMENT: There being no further business,the meeting was adjourned at 8:32 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 6`h day of February, 2012. 4 CITY OF PASCO Council Meeting of: February 6,2012 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We, the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the se 'ces rendered or the labor performed as described harem and that the claim is a just,due and unpaid bligalion a n the city and that we are authorized to authenticate certify to said claim. i Gary Crutchf)6[d, Ci ana er xj *105--masqX, Finance Services Manager i We, the undersigned City Ccuncilmembers of the City Council of the City of Pasco,Franklin County,Washington, do hereby certify on this 6th day of February, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 185012-186145. In The Amount Of: $846,934.65 186162 Electronic Funds Transfers: 1163, 1164, 1170 In The Amount Of: $0.00 Electronic Funds Transfers: (Journal Entries) _, r ,._� Combined total of $846.934.55 Cauncilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 489.49 Judicial 21,903.80 Executive 3,491.91 Police 23,761.01 Fire 47,544.99 Administration&Community Services 19,637.24 Community Development (122.64) Engineering 2,258.81 Non-Departmental 42,691.93 Library 0.00 TOTAL GENERAL FUND: 161,656,54 STREET 104,143.59 ARTERIAL STREET 5,881,62 STREET OVERLAY 0.00 C.D. BLOCK GRANT 17,650,20 KING COMMUNITY CENTER 1,656.09 AMBULANCE SERVICE 22,466,68 CEMETERY 678.13 ATHLETIC PROGRAMS 5,917.71 GOLF COURSE 11,817.31 SENIOR CENTER OPERATING 10,058.59 MULTI MODAL FACILITY 0.00 RIVERSHORE TRAIL&MARINA MAIN 0.00 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 687.15 REVOLVING ABATEMENT 0.00 TRAC DEVELOPMENT&OPERATING 0.00 PARKS 0.00 STADIUMICONVENTION CENTER 0.00 GENERAL CAP PROJ CONSTRUCTION 47,485.42 WATER/SEWER 448.890.03 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 6,879.92 EQUIPMENT RENTAL-OPERATING BUSINESS 878.03 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL-REPLACEMENT BUSINESS 0,00 MEDICALJDENTAL INSURANCE 0.00 CENTRAL STORES 0.00 PAYROLL CLEARING 0.00 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 167,64 TRI CITY ANIMAL CONTROL 0.00 SENIOR CENTER ASSOCIATION 0.00 GRAND TOTAL ALL FUNDS: 846,934.65 2011 EXPENSES 3(b). 1 CITY OF PASCO Council Meeting of. February 6.2012 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,the services rendered or the labor performed as described herein and that the claim is a just,due and unpaid obligation ag he city and lhatwe are authorized to authenticate and certify to said claim. Gary Crutchfield, 715rManage bunyele Maso ,Financ6 Services Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,do hereby certify on this 6th day of February,2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 186010-186011 In The Amount Of: $918,441.31 186146-186161 186163-186313 Electronic Funds Transfers: 1169. 1171 - 1174 In The Amount Of: $155,853,27 Electronic Funds Transfers: 8835,8852.892.0 Combined total of $1,074,294.58 (Journal En(ries) Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 628.15 Judicial 1,638.09 Executive 2,596.05 Police 67,882.86 Fire 6,409.49 Administration&Community Services 93,047.18 Community Development 1,952.74 Engineering 2,477,21 Non-Departmental 311,293.61 Library 92,763.07 TOTAL GENERAL FUND: 580,688.45 STREET 23.41 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D.BLOCK GRANT 36.60 HOME CONSORTIUM GRANT 5,200.00 NSP GRANT 932.09 KING COMMUNITY CENTER 1,195.68 AMBULANCE SERVICE 15,821.62 CEMETERY 115.27 ATHLETIC PROGRAMS 460.74 GOLF COURSE 44,542.69 SENIOR CENTER OPERATING 1,681.58 MULTI MODAL FACILITY 899.32 RIVERSHORE TRAIL&MARINA MAIN 72.00 SPECIAL ASSESS LODGING 13,046.12 REVOLVING ABATEMENT 713.00 TRAC DEVELOPMENT&OPERATING 39,325.00 INDUST DEVEL&INFRASTR 10,000.00 STADIUMICONVENTION CENTER 9,217.82 GENERAL CAP PROJ CONSTRUCTION 297.00 WATERISEWER 24,808.28 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 17,024.87 EQUIPMENT RENTAL-OPERATING BUSINESS 110.07 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 3,400.00 MEDICALIDENTAL INSURANCE 218,23232 PAYROLL 42,979.77 PUBLIC FACILITIES DiST 27,513.52 TRl CITY ANIMAL CONTROL 16,634.86 SENIOR CENTER ASSOCIATION 121.50 GRAND TOTAL ALL FUNDS: $ 1,074,294.58 2012 EXPENSES 3(b). 2 CITY OF PASCO Council Meeting of: Payroll Approval February 6,2012 The City Council City of Pascc Franklin County,Washington The fcllowi s a summa rf payroll claims against the City of Pasco for the month of January 2D12 whl(h re pres ed her with far your review and approval. Gary Qrutc:FField, C17 nager Rick Terwa , Kd-ministrafive & Com ity Services Director 1 We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 43707 through 43774 and 80110 through 80119 and EFT deposit No's.30049600 through 30050149 and City contributions in the aggregate amount of$1,994,229.21 are approved for payment on this 6th day cf February 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND; Legislative $ 7,821.29 Judicial 78,966.86 Executive 64,312.65 Police 582.455.45 Fire 262,38138 Administrative & Community Services 232,037.32 Community Development 89,047.43 Engineering 88,076.59 TOTAL GENERAL FUND 1,405,099.39 CITY STREET 57,816.94 BLOCK GRANT 6,368.18 MARTIN LUTHER KING CENTER 6.519.78 AMBULANCE SERVICE FUND 150,952.71 CEMETERY 9,432.13 ATHLETIC FUND 3,331.62 SENIOR CENTER 12,162.95 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 307,088.36 EQUIPMENT RENTAL-OPERATING 28,039.42 OLD FIRE PENSION FUND 7,417.73 GRAND TOTAL ALL FUNDS $ 1,994,229.21 Payroll Summary Net Payroll 907,666.54 Employee Deductions 562,075.55 Gross Payroll 1,469,742,09 City of Pasco Contributions 524,487.12 Total Payroll $ 1,994,229.21 3(b).3 AGENDA REPORT FOR: City Council January 20, 2012 TO: Gary Crutch anager Workshop Mtg.: 1/23/12 Regular Mtg.: 2/6/12 FROM: Stan Strebel, Deputy City Manager SUBJECT: Request for Streetlight Installation I. REFERENCE(S): 1. Request from Property Owners 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/23: Discussion 2/6: MOTION: I move to approve the installation of a streetlight at the intersection of Road 77 and Court Street, III. FISCAL IMPACT: Installation cost (existing pole): $550.00; monthly cost: $6.00 IV. HISTORY AND FACTS BRIEF: A) The City Council has a longstanding policy that it will not require the installation of streetlights for new residential developments in the "Riverview Area" in deference to residents' desire to maintain a more rural flavor in this part of the community. B) The City recently received the attached petition from property owners requesting the installation of a streetlight at the intersection of Road 77 and Court Street. As can be seen from the map, attached, virtually all of the property owners in the vicinity of the intersection, or who have need to enter Court Street from Road 77, have signed the request petition. V. DISCUSSION: A) The streetlight can be installed on an existing pole with minimal cost, It appears to be in the interest of public safety and in keeping with residents' wishes, therefore staff recommends approval of the installation. 3(c) pasco City Hall RECF-IVED 'Aid 0 3 2052 City Manager's office Gary Crutchfield Pasco City Manager 525 N. Third Ave Pasco, WA 99301 Dear Mr. Crutchiled, We request the city of Pasco install a street light at the intersection of Road 77 and Court Street. Installing a street light on this intersection will improve safety for those of us who use this intersection regularly. Signature Printed Name Address —CAee--C>- &UkS Aal )0, eD4-4 77 J N J s '-i-o;AU4 �" s 7 71 Y w e6 &"17 I O-s C-X+i 7 7 ',2-0 River L J,t IP Ali ICY 1.• o �. ..tea.-+-�:•-.-_ _. .-.:� 4v �.._ _ � _�-_ �,-.- � o �� l �� ,-` s �, _ l'`�. ,f>: ,. � � �• -mss -r---Z� -• - —- .. •.� ,� T �� � � S? �' �~ to !-�•� ` an�� • �y�-' .,}` �� ` � r � 1 / 1•+t � rte- L: i M' � y{V � 4• '.�i 6 is _ � Scale 1 :3,800 •1 � 1 �� AGENDA REPORT FOR: City Council 17, 2012 TO: Gary Crutchfie "t Mai. ger Workshop Mtg.: 1/23/12 Regular Mtg.: 2/6/12 FROM: Rick Terway, Director Administrative and Community Services Department SUBJECT: LISPS Lease at the Downtown Post Office Building 1. REFER-ENCEISh A. Proposed Resolution. B. USPS Lease (Council packets only; copy available for public review in the A&CS office, the Pasco Library or on the city's webpage at httg-//www;i?asco- wa.iov/citycouncilrelaorts) II. ACTION REQUESTED OF COUNCIL 1/23: Discussion 22 216: MOTION: I move to approve Resolution No. J� , approving a building lease for the downtown post office. III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. In 2002 the City entered into a lease with the United States Postal Service for space in the Downtown Post Office Building. The Lease was for 5 years with a 5 year extension, which is now coming to end an end. B. The Postal Service wishes to continue the lease with the city for another 5 years with the possible extension of an additional five years. V. DISCUSSION A. The terms and conditions of the new lease are similar to the current lease with the Postal Service paying rent of$20,085 annually and their portion of the utilities. B. Staff recommends continuation of the lease with the Postal Service. 3(d) RESOLUTION NO. : �� . A RESOLUTION approving a building lease for the downtown post offi ce. WHEREAS, the City acquired from the US Government the downtown post office building on the condition the City maintain the structure for historical purposes; and WHEREAS, the United States Postal Service (LISPS) has continued to occupy a portion of the building under lease from the City, which lease expires February 2012; and WHEREAS, the City Council finds it is in the interest of the community at large, as well as the downtown business area in particular, that the USPS occupancy continue; and WHEREAS, USPS has agreed to a reasonable lease payment and term for such occupancy; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1: That the building lease attached hereto as Exhibit 1 is hereby approved by the City Council. Section 2: That Pasco City Manager, Gary Crutchfield, is hereby authorized to sign said lease and any other documents necessary to effect said lease on behalf of the City of Pasco. Passed by the City Council of the City of Pasco this day of 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney _-M� t Mll TT-D MT Eg 705 Tt i rF'iMC F- w Lease PASCO-FEDERAL STATION (546524-001) 403 W LEWIS ST, PASCO, WA 99301-5663 MIM UNITED STATES Lease POSTAL SERVICE. Facility NamelLocation PASCO-FEDERAL STATION(546524-001) County:Franklin 403 W LEWIS ST, PASCO, WA 99301-5663 Lease.-E00000376539 This Lease made and entered into by and between CITY OF PASCO hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the'General Conditions to U.S. Postal Service Lease,'attached hereto and made a part hereof. Upon which is a multi-tenant,concrete building and which property contains areas, spaces, improvements,and appurtenances as follows: AREA SQ. FEET Net Interior Floor Space 2,678 Exterior, Platform and Ramp 340 USPS occupies 44.38%. Total Site Area: 3,918.00 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: FIXED TERM: The term becomes effective February 25, 2012 with an expiration date of February 24, 2017,for a total of 5 Years. 3. RENTAL: The Postal Service will pay the Landlord an annual rental of: $20,085.00(Twenty Thousand Eighty Five and 001100 Dollars)payable in equal installments at the end of each calendar month, Rent for a part of a month will be prorated. Rent checks shall be payable to: CITY OF PASCO PO BOX 293 PASCO,WA 99301-0293 February 2004 1 UNITEDSTATES Lease POSTAL SERVICE. 4' RENEWAL OPTIONS:The Lease may be renewed at the option of the Postal Service, for the following separate and consecutive terms and at the following annual rentals: EFFECTIVE DATE EXPIRATION DATE PER ANNUM RENTAL 02/25/2017 02/24/2022 $21,1 56.20 provided that notice is sent, in writing,to the Landlord at least 30 days before the end of the original lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts,and/or forms were agreed upon prior to execution and made a part hereof: Utilities Services& Equipment Rider, Maintenance Rider-Landlord Responsibility. 6. TERMINATION: The Postal Service may terminate this Lease at any time by giving 30 days written notice to the Landlord. 7. LEGAL DESCRIPTION: See Attached Addendum February 2004 2 rWgk1TEDS7ZTES Addendum POSTAL SERVICE. Facility Name/Location PASCO-FEDERAL STATION (546524-001) County: Franklin 403 W LEWIS ST, PASCO, WA 99301-5663 Lease: E00000376539 7. LEGAL DESCRIPTION: Legal description for property at the address of 403 W Lewis St, Pasco WA as follows: That part of School Block Addition to the City of Pasco, Washington, descibed as Lots Numbers One(1), Two(2), Three(3)and Four(4) and that part of Lot Number Five(5)in said School Block Addition, described as follows: beginning at the southeasterly corner of said Lot Five as the point of beginning; thence southwesterly along the South line of said lot, a distance of twenty(20)feet: thence in a northeasterly direction, parallel with the West line of said lot, a distance of one hundred and forty(140)feet to the alley in said block;thence along the North line of said lot Five, a distance of twenty(20)feet to the northeasterly corner of said lot,thence, in a southeasterly direction, along East line of said lot, a distance of one hundred and forty (140)feet, to the point of the beginning; all according to the plat of said School Block Addition on file in the office of the County Auditor of Franklin County, Washington, and recorded in Book No. 23, at page 135, of Deed Records; said lots of parcels of land lying and being in Section Twenty-nine(29), Township Nine (9) North of Range thirty (30) East of the Willamette Meridian. UTILITY REIMBURSEMENT. The Postal Service will reimburse the Lessor for water, sewer charges, heating and electricity. For the purpose of this lease,the USPS's percentage of occupancy is 44.38% based on occupying 2,678 sq ft. The Lessor will submit applicable utility bills quarterly to the local Postmaster, the Postmaster will then verigy the amount due to the Lessor and issue payment. February 2004 3 AUUNITEVSTATES Lease POSTAL SERVKE EXECUTED BY LANDLORD this day of_ GOVERNMENTAL ENTITY By executing this Lease,Landlord certifies that Landlord Is not a USPS employee or contract employee(or an immediate family member of either),or a business organization substantially owned or controlled by a USPS employee or contract employee(or an immediate family member of either). Name of Governmental Entity: City of Pasco Name&Title:Gary Crutchfield,City Manager Name&Title: Name&Title: Name&Title: Landlord's Address: PO BOX 293 PASCO, WA 99301-0293 Landlord's Telephone Number(s): (509) 544-3066 E-mail Address:terwayr @pasco-wa.gov Federal Tax Identification No.: XX-XXX1264 Witness witness a. Where the Landlord is a governmental entity or other municipal entity,the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies)to execute the Lease to bind the governmental entity or municipal entity for which he(or they)purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above,or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to"Contracting Officer,U.S,Postal Service"at the address specified below,or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: Candace S Kinne Contracting Officer Signature of Contracting Officer Western FSO 7500 EAST 53RD PLACE, RM 1108, DENVER, CO 80266-9918 Address of Contracting Officer LEASE(June 2003) 4 laUNITEDSTdTES General Conditions to LISPS Lease POSTdC SERVICE 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and,unless in his sole discretion the contracting officer waives the requirement,the Landlord must furnish a Mortgagee's Agreement,which will consent to this Lease and shall provide that, in the event of foreclosure,mortgagee,successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators,successors,and assigns. b. If this contract provides for payments aggregating$10,000 or more,claims for monies due or to become due from the Postal Service under it may be assigned to a bank,trust company,or other financing institution.including any federal lending agency,and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment,together with a true copy of the instrument of assignment,is filed with: 1. the contracting officer;and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this Clause will be grounds for termination of the contract`or default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises,provided that: 1.such transfer is subject to this Lease agreement and 2.both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer;and in the case of new leased space projects,the lease may only be assigned or ownership of the property transferred following commencement of the fixed term,unless prior written consent is obtained from the Postal Service. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration,agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors(other than the landlord)is performing work at the premises,the Postal Service will be responsible for obtaining all necessary and applicable permits,related items,and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. RESTORATION AND ALTERATIONS a.Upon written notification by Landlord within 30 days of the expiration or termination of this Lease,the Postal Service shall restore the premises to a "broom clean" and usable condition, excepting the following: reasonable and ordinary wear and tear; and damages by the elements or by circumstances over which the Postal Service has no control. If Landlord provides the above notice,the Postal Service and Landlord shall negotiate and reach agreement on necessary items of restoration and the reasonable cost for restoration;the Postal Service shall pay Landlord this agreed- upon amount and shall have no further restoration duties under this Lease. b.The Postal Service shall have the right to make alterations,attach fixtures and erect additions,structures or signs in or upon the premises hereby leased(provided such alterations,additions,structures,or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located);which fixtures,additions or structures so placed in,upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. gencond2 Oct2006 GC-1 >>�PuNITEDSrATFS General Conditions to USPS Lease OSTAL. ERV/CE. S. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978(41 U.S.C.601-613)("the Act"). b. Except as provided in the Act,all disputes arising under or relating to this contract must be resolved under this clause, c. "Claim,"as used in this clause,means a written demand or written assertion by one of the contracting parties seeking,as a matter of right,the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However,a written demand or written assertion by the Landlord seeking the payment of money exceeding$100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher,invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding$100,000,the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith,that the supporting data are accurate and complete to the best of my knowledge and belief,that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable,and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For landlord claims of$100,000 or less,the contracting officer must,if requested in writing by the Landlord,render a decision within 60 days of the request. For Landlord-certified claims over$100,000,the contracting officer must,within 60 days,decide the claim or notify the Landlord of the date by which the decision will be made. I. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim,regardless of dollar amount,before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1.the date the contracting officer receives the claim(properly certified if required);or 2.the date payment otherwise would be due,if that date is later,until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract,pending final resolution of any request for relief,claim,appeal, or action arising under the contract,and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material"(ACBM)means any material containing more than 1%asbestos as determined by using the method specified in 40 CFR Part 763,Subpart E,Appendix E."Friable asbestos material"means any ACBM that when dry,can be crumbled,pulverized,or reduced to powder by hand pressure. The landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material(PACM)which includes all thermal system insulation,sprayed on and troweled on surfacing materials,and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose,to the best of its knowledge,any information concerning the presence of lead based paint,radon above 4 pCi/L,and lead piping or solder in drinking water systems in the building,to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service.A contaminated soil,water,underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises,the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines;prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work,such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined,identified,or known to the Landlord,the Landlord agrees to conduct,at Landlord's sole expense,an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost pfus administrative costs,from future rent payments or recover these costs from Landlord by other means, or may,at its sole option,cancel this Lease. In addition,the Postal Service may proportionally abate the rent for any period the premises,or any part thereof,are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. gencond2 Oct 2006 cc-2 UNITED STATES Genera! Conditions to USPS Lease I/POSTAL SERVICE. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers,agents,representatives,and employees from all claims,loss, damage,actions,causes of action,expense,fees and/or liability resulting from,brought for,or on account of any violation of this clause. The remainder of this clause applies 0 this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances,including friable asbestos materials,as defined by applicable State or Federal law; b. that there are no undisclosed underground storage tanks or associated piping,ACBM,radon,lead-based paint,or lead piping or solder in drinking water systems,on the property;and c. it has not received,nor is it aware of,any notification or other communication from any governmental or regulatory entity concerning any environmental condition,or violation or potential violation of any local,state,or federal environmental statute or regulation,existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease,the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules,regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES,STATUTES,OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices,accessible at wwn-, szp_s_cQmu4licati�ns. Clause 1-5,Gratuities or Gifts(March 2006) Clause 1.6,Contingent Fees(March 2006) Clause 9-3, Davis-Bacon Act(March 2006) Clause 9-7,Equal Opportunity(March 2006) Clause 9-13,Affirmative Action for Handicapped Workers(March 2006)3 Clause 9-14,Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era(March 2006)' Clause B-25,Advertising of Contract Awards(March 2006) Note: For purposes of applying the above standard clauses to this Lease,the terms"supplier,""contractor,"and"lessor"are synonymous with "Landlord,"and the term"contract"is synonymous with"Lease." 'For premises with net interior space in excess of 6,500 SF and involving construction work over$2,000. 2 For leases aggregating payments of$10,000 or more. 3 For leases aggregating payments of$10,000 or more. `For leases aggregating payments of$25,000 or more. gencond2 Oct 2006 oc-3 �'''—�*'�+ uN/TEDSTdTES Maintenance Rider POSTAL SERVICE_ Landlord Responsibility 1. The Landlord shall, except as otherwise specified herein and except for damage resulting from the act or negligence of Postal Service agents or employees, maintain the demised premises, including the building and any and all equipment,fixtures, systems, and appurtenances, whether severable or non-severable, furnished by the Landlord under this Lease,in good repair and tenantable condition, during the continuance of the Lease. Landlord's duties include repair and replacement as necessary. Notwithstanding the above, the Postal Service will be responsible for regular cleaning of gutters and downspouts connected to the outer edge (i.e„the eaves area)of the roof, Landlord will be responsible for regular cleaning of any other gutters, downspouts,troughs, scuppers, roof drains, etc. For the purpose of so maintaining said premises and property, the Landlord may, at reasonable times,and upon reasonable notice to the facility manager, enter and inspect the same and make any necessary repairs thereto. 2. Landlord is responsible for inspection, prevention and eradication of termites and any other wood-eating insects and for repairs of any damage resulting therefrom during the continuance of the Lease. 3. Landlord shall paint all interior and exterior previously painted surfaces as follows; no later than six(6)months following the start of the lease, and at least once every five (5)years during the continuance of the lease unless required more often because of damage from fire or other casualty, or unless the time period is specifically modified in writing by the Contracting Officer. Landlord is required to apply only one coat of paint. USPS will be responsible for cost of additional coats of paint, including application costs. USPS will be responsible for movi ng furniture and equipment away from walls as required. 4. Any heating system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; such system must be capable of providing a uniform temperature of at least 65 degrees Fahrenheit(65°F.)in all enclosed portions of the demised premises(excluding the rear vestibule)at all times. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system, any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank, shall be the responsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service or its agents. The Postal Service shall be responsible for regular replacement of filters. Boilers (heating and hot water supply)and unfired pressure vessels provided by the Landlord as part of the leased premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA)-70, National Electric Code; and/or ASME Safety Code No. CSD-1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers (ASME)Boiler and Vessel Code, must be provided by the Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment,the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. 5. Any elevators, escalators and dumbwaiters provided by the Landlord as part of the leased premises shall be maintained,and, if necessary, replaced by the Landlord during the continuance of the Lease in accordance with ASME A17,1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator inspectors Manual;ASME All 7.3 Safety Code for Existing Elevators and Escalators;ASME All 7.4, Emergency Evacuation Procedures for Elevators;and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal,state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment,the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. LJ"ordno(n106!290[. �+ UNITEDSTATES Maintenance Rider i%PM'rAt SERVICE. Landlord Responsibility 6. Any air-conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; air-conditioning must be capable of providing a uniform temperature of no greater than 78 degrees Fahrenheit(78°F.)in all enclosed portions of the demised premises at all times. Landlord shall be responsible for servicing of the air-conditioning equipment during the continuance of the Lease, including, refrigerant as required for proper operation of the equipment. The Postal Service shall be responsible for regular replacement of filters. 7. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good working order,and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider. 8. Any wiring, including, but not limited to,wiring for the Electronic Security and Surveillance Equipment(ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS),etc., installed by the Landlord shall be maintained,and if necessary, replaced by the Landlord during the continuance of the Lease. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with,the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes,telephone handsets, and Point-of-Service (POS)equipment. 9. Whether public or private water or sewer systems are provided, said systems are to be maintained and replaced by the Landlord during the continuance of the Lease, including any inspections that may be required. 10. If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or are otherwise determined by the Postal Service to be unfit for use and occupancy,or whenever there is a need for maintenance, repair, or replacement which is the Landlord's obligation under this Maintenance Rider, the Postal Service will require the Landlord to rebuild or repair the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. The Postal Service will, except in emergencies, provide the Landlord with written notice stating a reasonable time period for completion of all necessary repairs. (A copy of any such notice shall be sent to the Landlord's mortgagee and any assignee of monies due or to become due under this Lease whose names and addresses have been furnished to the Postal Service by the Landlord. Failure to give such written notice to the Landlord or to the mortgagee or assignee shall not affect the Postal Service's rights to recover expended costs under this provision, provided that the costs expended by the Postal Service are reasonable in amount.) The Postal Service, acting through the Contracting Officer,may proportionately abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such condition. If the Landlord (or the mortgagee or assignee, on behalf of the Landlord)fails to prosecute the work with such diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, the Postal Service shall have the right to perform the work(by contract or otherwise), and withhold the cast plus any administrative cost and/or interest, from rental payments due or to become due under this Lease. Alternatively,the Contracting Officer may, if the demised premises are determined to be untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety, without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. 11. The Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA);and LandlordmalnlOt ON. ��,, UNITED STdTES Maintenance Rider P OS Th L SER VICE. Landlord Responsibility b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with a; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this agreement; and (2) Postal Service employees; and (3) the public. The Landlord must include this clause in all subcontracts hereunder and require its inclusion in all subcontracts of a lower tier. The term"Landlord"as used in this clause in any subcontract must be deemed to refer to the subcontractor. tandtordwini 08/2004. UNITED ST4TES joy UNITED SERVICE Utilities, Services, & Equipment Rider Facility Name/Location PASCO-FEDERAL STATION(546524-001) County: Franklin 403 W LEWIS ST, PASCO, WA 99301-5663 Lease: E00000376539 1. HEAT Landlord must furnish heating system in good working order, in accordance with the Maintenance Rider, during the continuance of the lease.Any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank,shall be the responsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service. The Postal Service pays all recurring fuel charges, provided such charges are separately metered for postal consumption. 2. AIR CONDITIONING Landlord must furnish air conditioning equipment in good working order, in accordance with the Maintenance Rider, during the continuance of the lease. The Postal Service pays for recurring charges for power for the equipment, provided the power is separately metered for postal consumption. 3. ELECTRICITY Landlord must furnish a separately metered electrical system in good working order for the demised premises, in accordance with the Maintenance Rider, during the continuance of the lease. The Postal Service will pay all recurring electric bills. 4. LIGHT Landlord must provide light fixtures in good working order, in accordance with the Maintenance Rider,during the continuance of the lease. Landlord is not responsible for replacement of light bulbs. February 20D4 U-1 �UNITED STATES POSTALSERVICE. Utilities, Services, & Equipment Rider 5. WATER Landlord must furnish a potable water system in good working order, in accordance with the Maintenance Rider,during the continuance of the Lease. The Postal Service pays for all recurring water bills during the continuance of the Lease, provided a separate meter or separate invoice is furnished by the appropriate authority. 6. SEWER Landlord must furnish a sewer system in good working order, in accordance with the Maintenance Rider, during the continuance of the Lease. The Postal Service pays for all recurring sewer bills during the continuance of the Lease, provided a separate meter, or separate invoice is furnished by the appropriate authority. 7. TRASH The Postal Service agrees to furnish and pay for all trash removal for the demised premises during the continuance of the Lease. 8. SNOW The Postal Service agrees to furnish and pay for the timely removal of snow and ice from the sidewalks, driveway,parking and maneuvering areas,and any other areas providing access to the postal facility for use by postal employees, contractors, or the public(including,but not limited to, stairs, handicap access ramps, carrier ramps, etc.)during the continuance of the Lease. The Landlord is responsible for timely removal of snow and ice from the roof. February 2004 U-2 ,ON UNITED STATES JMW POSTAL SERVICE. Mortgagee's Agreement (To be executed and attached to lease) Facility Name/Location PASCO-FEDERAL STATION(546524-001) County: Franklin 403 W LEWIS ST, PASCO, WA 99301-5663 Lease:E00000376539 The undersigned, Holder(s)of a mortgage(or similar encumbrance,such as a Deed of Trust). in the sum of on the property situated at: hereby consent(s)to the leasing of said property to the U.S. Postal Service and agree(s)for itself, its successors, executors,administrators, and assigns that in the event it should become necessary to: a)foreclose said mortgage or similar encumbrance,the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b)take any other action terminating the mortgage or transferring title,the Mortgagee will cause such action to be made subject to said lease. MORTGAGEE Name of Mortgage Company By: Witness Signature of Mortgagee's Officer Its: Title of Mortgagee's Officer Street Address City,State and 21P+4 Subscribed and Sworn to before me,a notary public, in and for County, State of this day of Notary Public My commission expires February 2004 M-1 AGENDA REPORT NO. 1 FOR: City Coun 11 ti February 2, 2012 TO; Gary Crutchfield' C1 anager Ahmad Qayouml,, W s Director FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 02/06/12 SUBJECT: Accept Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications 1. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02/06: MOTION: I move to approve Resolution No. 37c accepting the work performed by A&B Asphalt, Inc., under contract for the Wastewater Treatment Plant Sludge Bed Paving and V6'all Modifications project. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On November 1, 2010, Council awarded the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications project to A&B Asphalt, Inc. for$58,288.12. V. DISCUSSION: A) The final project cost was $60,138.81. The overage was due to additional patching to tie bed paving into the existing driveway. The work is now complete and staff recommends acceptance of this work. 3(e) RESOLUTION NO. � � - A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT, INC. UNDER CONTRACT FOR THE WASTEWATER TREATMENT PLANT SLUDGE BED PAVING AND WALL MODIFICATIONS PROJECT. WHEREAS, the work performed by A&B Asphalt, Inc. under contract for the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications project, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by A&B Asphalt, Inc., under contract for the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be it Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of February, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT NO. 2 FOR: City Council �' i February 2, 2012 TO: Gary Crutchfie "t Manager Alunad Qayou is Works Director FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 02/06/12 SUBJECT: Accept Broadmoor Pump Station Improvements, Project #10-2-05 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02/06: MOTION: I move to approve Resolution Nc.-5 � accepting the work performed by Booth & Sons Construction, Inc., under contract for the Broadmoor Pump Station Improvements, Project #10-2- 05. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) On November 15, 2010, Council awarded the Broadmoor Pump Station Improvements, Project #10-2-05 to Booth & Sons Construction, Inc. for $463,729.56, including applicable sales tax. V. DISCUSSION: A) The final project construction contract totaled $481,966.33, including sales tax, which is 3.9% over the original bid award amount of $463,729.56. The original CIP construction budget (2010) was $600,000. There were two construction change orders on the project which affected the cost: • Change Order No. 1 ($15,367.77, including sales tax): This Change Order was for the upgrade of the Motor Control Center equipment as requested by Plant Operations. • Change Order No. 3 ($9,800.54), including sales tax): This Change Order included a number of miscellaneous items necessary to successfully complete the project including relocation of an irrigation control box, additional ductile iron piping for relocation of a fire hydrant, fence modifications, and control density fill to protect existing footings. These items are typical of minor changes and modifications required in the field during the course of a project (not reflected in the original construction documents). The work is now complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. 3 A RESOLUTION ACCEPTING WORK PERFORMED BY BOOTH & SONS CONSTRUCTION, INC. UNDER CONTRACT FOR THE BROADMOOR PUMP STATION IMPROVEMENTS, PROJECT#10-2-05. WHEREAS, the work performed by Booth & Sons Construction, Inc. under contract for the Broadmoor Pump Station Improvements, Project #10-2-05, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Booth & Sons Construction, Inc., under contract for the Broadmoor Pump Station Improvements, Project #10-2-05, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of February, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Councilt` January 30, 2012 TO: Gary Crutchfiel - Manager Regular Mtg.: 2/6112 FROM: Rick White Community& Economic Development Director V SUBJECT: Mandatory Sidewalk Installation in LID 149{Kurtzman) I. REFERENCE(S): I. Vicinity map 2. Proposed Resolution 3. Right of way inventory map 4. City Engineer's Determination I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct a Public Hearing 2/6: MOTION: I move to approve Resolution No. , ordering sidewalk installation on Hugo Avenue between Alton and Lewis Streets. Ill. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. LID 149 for the northern portion of the Kurtzman neighborhood was formed at the December 19`" 2011 Council Meeting and the 30 day protest period has ended. If the LID moves forward, the project will soon be under design and go to bid. Block Grant and owner contributions will pay for the infrastructure improvements. Use of Block Grant funds in LID I49 has resulted in 55% of the total project cost estimate to be paid for with federal funds. In addition, CDBG monies will be requested in the 2013 allocation process for LID assistance for qualifying low/moderate income households once construction is complete. B. Improvements under an LID must be located within the public right of way. Most properties on Hugo have dedicated needed right of way for full street improvements but four owners have not. This will result in the installation of curb and gutter adjacent these Four properties through LID 149, but not the installation of sidewalk. The net effect will be an irregular pattern of sidewalk installation on Hugo between Alton and Lewis Streets that compromises pedestrian safety, C. The City Engineer has determined that continuous installation of sidewalk within the LID 149 area is necessary for public safety and convenience. PMC 12.08 allows installation of public sidewalk through Council Order under these circumstances. The process is similar to the local improvement district process, and provides for a lien against the property if sidewalk installation does not occur within the time specified by the Council Order. V. DISCUSSION: A. Neighborhood improvements in areas lacking infrastructure is a longstanding Council goal. The use of CDBG monies for an area-wide benefit and for LID assistance reduces the impact of improving neighborhood infrastructure on low/moderate income households. B. If City Council orders installation of sidewalk on the four properties that have not dedicated needed right of way, the property owners may decide to participate fully in LID 149 by dedicating the right of way and using the LID process to install sidewalk. That decision should be concluded before the project goes to bid— approximately by early March 2012. If property is not dedicated and sidewalk is not installed through the LID process, then the owners must install attheir own higher costs through individual contractor agreements. C. Individual installation of sidewalk outside of LID 149 is estimated to cost $20 per linear foot, compared to $12 per linear foot through LID 149. The final actual cost of individual instailation is mostly dependent on contractor availability for smaller projects and time of Installation. D. Adoption of the proposed Resolution would require individual sidewalk installation to be complete by December 31, 2012, the approximate completion date of LID 149. 7(a) uum :emu �Imw i ce j Ism � q�� � =.r �G,�t�l „ • E i qA �. � _ Ila®�� �A SURNr bwm air',�i IR"' •�-=ti -- ' ' r' -s�• �,.,. • -.�,�� .,•��'- � � . •�1�+' _'� W Uri, 4A jr a� �MIId1 1 .�fi•; s . ,.' ,,.I� -� .' �L� ! rr i F` � '+ ,a r RESOLUTION NO. A RESOLUTION ORDERING THE INSTALLATION OF SIDEWALKS ON HUGO AVENUE THROUGH PASCO MUNCIPAL CODE SECTION 12,08. WHEREAS, Local Improvement District 149 was formed to install street infrastructure improvements that include curb,gutter and sidewalk;and WHEREAS, Sidewalks are urban amenities that provide pedestrians a safer alternative to walking within a travelled roadway: and WHEREAS, Hugo Avenue within Local Improvement District 149 provides a route for pedestrians to Virgie Robinson Elementary School;and WHEREAS,Owners of isolated lots within Local Improvement District 149 have not dedicated rights of way to allow construction of sidewalks through Local Improvement District 149 which will result in irregular sidewalk installation;and WHEREAS, The missing segments of sidewalks will not provide a consistent walking surface for pedestrians and will pose a tripping hazard;and WHEREAS, The missing segments of sidewalks will be rough and uneven during periods of wet or freezing weather; and WHEREAS,The missing segments of sidewalks will not conform to the Americans with Disabilities Act and will prevent access to properties for residents with mobility issues; and WHEREAS, The engineered design for LID 149 is expected to be complete approximately in March of 2012 and the projc;t will go to bid approximately in April of 2012; and WHEREAS, Owners of property that have not dedicated public right of way to allow the inst,,cation of sidewalk through LID 149 need a reasonable time to construct sidewalk through their own means; and WHEREAS, The City Engineer has determined that continuous sidewalk is necessary for public safety and that sidewalks be constructed within the area of Local Improvement District 149 meeting current Americans with Disabilities Act standards and City requirements;and WHEREAS, Pasco Municipal Code 12.08 allows City Council to order construction of sidewalks upon receipt of a report from the City Engineer that such construction is necessary for public safety and convenience; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Pasco City Council hereby orders the installation of sidewalk meeting all City Standard Specifications on the following properties on Hugo Avenue north of Alton Street and south of Lewis Street within LID 149: 1. The south 100 feet of Lot 2 and the north 25 feet of Lot 3, Block 2,Acre Park Addition to Pasco recorded in Volume "B" of Plats, page 11, records of Franklin County, Washington; of which the estimated cost of such sidewalk construction is$2,500; and 2. The north 60 feet of the south 120 feet of Lot 12, Block 1, Acre Park Addition to Pasco recorded in Volume"13" of Plats, page 11, records of Franklin County, Washington; of which the estimated cost of such sidewalk construction is $1,200; and 3. The south 50 feet of the south half of Lot 3, Block 2, Acre Park Addition to Pasco records of Franklin County, Washington; of which the estimated cost of such sidewalk construction is $1,000;xid 4. Lot 8, Block 1 Acre Park Addition as recorded in Volume "B" of Plats, page 22, records of Franklin County, Washington; EXCEPT the south 50 feet deeded to the City of Pasco under Auditors File No. 547861; of which the estimated cost of such sidewalk construction is $6,700. Section 2. Sidewalk installation on the above described properties shall be in accord with all City Standard Specifications and shall be completed on or before December 31, 2012. If installation is not complete by the above date, the City shall construct the sidewalk and assess the costs of such construction against the applicable property. Passed by the City Council of the City of Pasco this day of , 2012 Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie L. Clark, City Clerk Leland B. Kerr, City Attorney 50' LEWIS 60' N a W • • . • . • • • . • Legend • LID 149 50' LTON ST ® Row Needed Houses LID 149 ROW Widths 94[jqJ1 i Public Works Department Me o Engineering Division To: Rick White, Director, Community& Economic Development From: Michael A. Pawlak, PE, City Engineer Date: January 4, 2012 Re: Sidewalk Construction within Local Improvement District#149 At your request and at the direction of City Council, Engineering Division staff has reviewed the areas along Hugo Avenue, Cedar Avenue and Alton Street located within the proposed Local improvement District #149 (LID #149). These streets are currently unimproved and do not have sidewalks or other pedestrian facilities. Sidewalks are an urban amenity that provide pedestrians with a safer aftemative to walking within the travelled way (roadway). One of the primary reasons for establishing LID #149 is to improve the street and frontage infrastructure, including providing sidewalks along this particular residential neighborhood. Installation of the sidewalks will provide the neighborhood with a safer pedestrian environment than what currently exists. There are, however, a few properties which have not dedicated the necessary right-of-way to construct sidewalks. These "missing segments" provide a larger safety issue than no sidewalks at all. Once sidewalks are installed, the pedestrian has the expectation that there will be a continuous sidewalk facility. The missing sidewalk segments will not provide a consistent walkway surface for pedestrians including persons with disabilities. The surfaces will likely be rough and uneven as well as potentially soft during periods of wet weather. The surface unevenness will also provide the potential for tripping hazards and possibly prevent access to those residents with mobility issues. The missing sidewalk segments will essentially jeopardize the ability of the sidewalk facilities along the streets to conform to the current Americans with Disabilities Act (ADA) requirements. Because of these issues, it is my determination that continuous sidewalk be constructed within the area of LID #149. It is my recommendation that Cfty Council require property owners within LID #149 who have not dedicated the necessary right-of-way for sidewalk construction along their frontage, to construct new sidewalk at their own cost. Such sidewalk shall conform to current ADA requirements and match the sidewalk being constructed by the LID. 0 Page 1 AGENDA REPORT FOR: City Council February 2, 2012 TO. Gary Crutchfie 'it '.Manager Regular Mtg.: 02/06/12 Rick White, Community & Economic Development Director �KV,( FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Code Amendment: Rabbit Hutch and Chicken Coop Setbacks Ad'acent Alleys (MF#CA 2012-001) I. REFERENCES 1. Proposed Ordinance 2. Staff memo to the Planning Commission dated 1/19/2012 3. Planning Commission Minutes dated 01/25/2012 II, ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 216: Motion for Findings: I move to adopt the Findings as contained in the staff memo to the Planning Commission dated 1%19/2012. Motion for Ordinance: I move to adopt Ordinance No. , an Ordinance amending PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36, and 25.38, to allow structures for the keeping of rabbits and chicken hens to be Iocated within 5 feet of an adjacent alley, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 19, 2011 the City Council passed an ordinance amending PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36, and 25.38 to allow for the keeping of rabbits and chicken hens in residential zones, with provisions limiting number of animals, yard location and size of rabbit hutches/chicken coops and runs. B. During the course of the Council discussion it was suggested that hutches, coops and runs could be located within five feet of property lines along alleys, rather than the ten feet required by the newly passed ordinance. It was also suggested that the Planning Commission review such a setback at the January Planning Commission meeting and return the proposal to Council for action at the first Council meeting in February. C. This Code Amendment was reviewed by the Planning Commission at a public hearing on January 25, 2012, and a recommendation was made to amend the code to change the rear yard setback requirements for rabbit hutches/chicken coops to allow them to be located within five feet of rear property lines when the rear property line abuts an alley. D. The PIanning Commission considered this amendment as a minor code amendment not adversely affecting the community health, safety, or welfare. There were no comments from the public at the hearing on January 25, 2012. 8(a) ORDINANCE NO. AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 DEALING WITH RABBIT HUTCHES/CHICKEN- COOPS AND RUNS BEING LOCATED WITHIN FIVE FEET OF ALLEYS IN RESIDENTIAL ZONING DISTRICTS. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure that the public health, safety and welfare are maintained; and, WHEREAS,the City of Pasco has zoning regulations that encourage orderly growth and development of the city, and, WHEREAS, the City Council has reviewed the Planning Commission's recommendations, and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 25, '_SOW, THEREFORE, THE CITY COUNCIL OF THE CI'T'Y OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.20.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.20.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory in the R-T district: (1)Accessory dwellings; (2)Home occupations (see definition in Section 25.12.220); (3) Ranch and farm buildings appurtenant to an agricultural use and agricultural uses (limited), as defined in Section 25.12,040, except that the keeping of animals shall be permitted on parcels consisting of at least ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; and (4) Uses incidental and customary to a permitted use. (Ord. 3354 Sec. 2, 1999.); (5) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (6) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens,the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops a iacent an alley may be placed within five (5) feet of the aligy line wrovided there a_re ny openings is the wall Iaarallel to the alky. Property owners shall not allow such structures to become a nuisance due to noise or odor. Page 1 of 7 Section 2. That Section 25.24.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows- 25.24.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 18 feet in height and 1,200 square feet in area; (2)Home occupations as defined in Section 25.12.220; (3) Storage buildings not exceeding 260 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8)Accessory dwellings. (Ord. 3688 Sec. 2, 2004; Ord. 3354 Sec.2, 1999.) (9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens,provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling, rabbit hutches and/or chicken coons adiacent an alleyipav b2 lalaced within five (5) feet of the alley line tt vided there are no open nos in the wall_graliel t� the ailev Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 3. That Section 25.26.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.26.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet; (2)Home occupations as defined in Section 25.12.220; Page 2 of 7 (3) Storage buildings not exceeding 200 square feet of gross floor area and fifteen feet in height; provided no container storage,as defined in Section 25.12.430, will be permitted; (4) Agricultural uses (limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel; (5) One animal unit (as defined in Section 25.12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel, provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; (6) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; and (8)Accessory dwellings. (Ord. 3688 Sec. 3, 2004; Ord. 3354 Sec. 2, 1999.) (9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coons adiacent an alley may be placed within five t5,1 feet of the allee.y line urovided there are no oven. . the wall tarallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 4. That Section 25.28.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.28.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred(7,200) square feet (2) Density: One dwelling unit per lot, except as provide in 25.28.030 (7); (3) Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side: Five(5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit.hutgIe and/or_chic:k op n allen �r may be placed within five (5) feet of the alley line Provided there are no openings in the wall parallel to the a,]Lty. Property owners shall not allow such structures to become a nuisance due to noise or odor; Page 3of7 (5) Maximum building height: (a) Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen (15) feet. (6) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; (8) Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085 (Ord. 3731 Sec. 10, 2005; Ord. 3354 Sec. 2, 1999.) Section 5. That Section 25.30.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.30.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred (7,200) square feet; (2)Density: One dwelling unit per lot, except as provided in 25.30.030 (7); (3) Maximum Lot Coverage: Forty(40) percent; (4)Minimum Yard Setbacks: (a) Front: Twenty(20) feet. (b) Side: Five(5) feet (c) Rear: Principal Building: Equal to the height of the dwelling, but not less than ten (10) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit coovs a ce t im alloy may be 121aced within five S feTt of the allc line p rovided fige are - �° i t ,l a 1 parallel to the alley, Property owners shall not allow such structures to become a nuisance due to noise or odor; (5)Maximum building height: (a) Principal building.Twenty-five(25) feet. (b) Accessory buildings: Fifteen (15)feet. (6) Fences and hedges: See Chapter 25.75; (7)Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25.75.(Ord. 3354 Sec.2, 1999.) Section 6. That Section 25.32.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.32.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Seven thousand two hundred(7,200) square feet; (2) Density: One dwelling unit per lot,except as provided in 25.32,030 (7); (3)Maximum Lot Coverage: Forty (40) percent; (4) Minimum Yard Setbacks: (a)Front: Twenty(20) feet. (b) Side: Five(5) feet. (c)Rear: Principal Building: Equal to the height of the dwelling, but not less than ten (10) feet. Page 4 of 7 Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops a iacent an allc. may be placed within five(5) feet of the alley line vrovided there are no ovenines in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor; (6)Maximum building height: (a)Principal building. Twenty-five(25) feet. (b)Accessory buildings: Fifteen(15) feet (7)Fences and hedges: See Chapter 25.75; (8)Parking: See Chapter 25.78; and (9) Landscaping: See Chapter 25.75. (Ord. 3354 Sec, 2, 1999.) Section 7. That Section 25.34.050 of the Pasco Municipal Code he and the same is hereby amended to read as follows: 25.34.050 DEVELOPMENT STANDARDS. (])Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling per 5,000 square feet of lot area except as provided in 25.34.030 (7); (3) Maximum Lot Coverage: Forty(40) percent; (4) Minimum Yard Setbacks: (a) Front: Twenty(20) feet. (b) Side: Five(5) feet. (c) Rear: Principal Building:Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches =n Lor chi�ken coops aAjacejg an all v may be placed within five (5) feet of the alley line_yrovided there are no ovenin" in the wall parallel to the alloy.. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5)Maximum building height: (a)Principal building: Twenty-five(25) feet, except a greater height may be approved by special permit. (b)Accessory buildings: Fifteen(15) feet. (6)Fences and hedges: See Chapter 25.75; (7)Parking: See Chapter 25.78; (8)Landscaping: See Chapter 25.75; and (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 14, 2005; Ord. 3354 Sec. 2, 1999.) Page 5 of 7 Section 8. That Section 25.36.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.36.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 3,000 square feet of lot area for multiple family dwellings; (3)Maximum Lot Coverage: Sixty(60)percent; (4) Minimum Yard Setbacks: (a)Front: Twenty(20) feet. (b) Side: Five (5) feet. (c)Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops a4Racent an dlcv may be placed within five (5) feet of the alley line provided there are no openings in the wall parallel to_the.allev..,_Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building: Thirty-five (35) feet, except a greater height may be approved by special permit. (b)Accessory buildings: Fifteen(15) feet. (6)Fences and hedges: See Chapter 25.75; (7)Parking: See Chapter 25.78; and (8)Landscaping: See Chapter 25.75; (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 16, 2005; Ord. 3354 Sec, 2, 1999.) Section 9. That Section 25.38.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.38.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: Five thousand (5,000) square feet; (2) Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 1,500 square feet of lot area for multiple family dwellings; (3) Lot Coverage: Sixty(60)percent; (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet. (b) Side:Five(5) feet. (c) Rear: Principal Building: Equal to the height of the dwelling. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley twenty (20) feet. Where there is no alley, the setback shall be five (5) feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located Page 6 of 7 behind the rear line of the dwellbig. Rabbit hutches and/or chicken coons adiac=as a][gy gxav_be12 lagcd the E] ev lime 2MVided there are no operinP-s in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum building height: (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b)Accessory buildings: Fifteen (15) feet. (b) Fences and hedges: See Chapter 25.75; (7) Parking: See Chapter 25.78; and (8) Landscaping: See Chapter 25.75; (9) Residential Design Standards: See Chapter 25.70.085. (Ord. 3731 Sec. 18, 2005; Ord. 3354 Sec. 2, 1999.) Section 10. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2012, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland S.Kerr City Clerk City Attorney Page 7 of 7 MEMORANDUM January 19, 2012 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner RE: Rabbit hutches/chicken coops and runs to be located within five feet of alleys. Issue statement The City Council recently passed an ordinance amending PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36, and 25.38 to allow for the keeping of rabbits and chicken hens in residential zones, with provisions limiting number of animals, yard location and size of rabbit hutches/chicken coops and runs. During the course of the Council discussion it was suggested that hutches, coops and runs could be located within five (5) feet of property lines along alleys, rather than the ten (10) required by the newly passed ordinance. This Code Amendment proposal is to change the rear yard setback requirements for rabbit hutches/chicken coops and runs to allow them to be located within five (5) feet of rear property lines when the rear property line abuts an alley. Staff does not see this proposal as one adversely affecting the community health, safety or welfare, and considers it a minor amendment. As such, the Planning Commission is requested to both consider the proposal through tonight's public hearing, and also offer Council a recommendation. Findings of Fact 1. Rabbits and chickens are currently allowed in all residential zones in the City. 2. The Pasco Municipal Code (PMC) allows for the keeping of up to 20 rabbits and chickens in the RS-20, RS-12, and R-S-1 zones for personal use, provided there is a minimum lot size of 22,000 square feet (PMC 25.12.040) and allows for the keeping of up to 40 rabbits and chickens in the RS-20, RS-12, and R-S-1 zones for personal use, provided there is a minimum lot size of 32,000 square feet (PMC 25. 12.040). 3. PMC Title 25 currently allows up to 3 (each) dogs, cats, rabbits, and/or chickens, not to exceed-6 animals total, in all residential zones, except as noted above in 42. 4. Rabbit hutches and chicken houses in the RS-20, RS-12, and R-S-1 zones must be located at least ten feet from any adjoining or abutting Page 1 of 2 property held under separate ownership and twenty-five feet from a public roadway. 5. Rabbit hutches and chicken houses in all residential zones zones must be located at least ten feet from any property line and must be located behind the rear property line of the house, except as noted in #4 above. 6. A request has been received to consider an amendment to the Pasco Municipal Code to allow that hutches, coops and runs could be located within five (5) feet of property lines along alleys, rather than the ten (10) required by the newly passed ordinance. Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the January 19, 2012 staff memo on Code Amendments for PMC Section 25. MOTION: I move the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36, and 25.38 as indicated on the attached Ordinance to allow hutches, coops and runs to be located within five (5) feet of property lines along alleys in residential ("R") zoning Districts. Page 2 of 2 PLANNING COMMISSION MINUTES January 25, 2012 A. Code Amendment Zoning Code Revisions Title 251 Hens & Rabbits in "R" Zones (MF# 2012-001) Chairman Cruz read the master file number and asked for comments from staff. Community & Economic Development Director, Rick White, stated that recently the Planning Commission made a recommendation to City Council to allow hens and rabbits in limited numbers in residential districts. During the Council review process the Council asked the Planning Commission to reconsider the 10 foot rear yard setback requirement for chicken coops where rear property lines abut an alley. The suggestion was made for a 5 foot minimum setback with no openings in the hutch or coop if the rear property abuts a public alley. Mr. White explained from Staffs perspective, this is a fairly minor amendment and would request that the Planning Commission both consider the amendment and provide a recommendation to City Council that would go to the next City Council Meeting, February 6, 2012. The public hearing was closed after the Chairman called three times for public comments. No comments were received. Commissioner Anderson moved, seconded by Commissioner Kempf to adopt the Findings of Fact as contained in the January 19, 2012 staff memo on Code Amendments for PMC Section 25. The motion passed S to 1 with Commissioner Hay dissenting. Commissioner Anderson moved, seconded by Commissioner Kempf to recommend the City Council adopt the proposed Code Amendments modifying PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36, and 25.38 as indicated on the attached Ordinance to allow hutches, coops and runs to be located within five (5) feet of property lines along alleys in residential ("R") zoning Districts. The motion passed 5 to 1 with Commissioner Hay descending. AGENDA REPORT FOR: City Council January 26, 2012 TO: Gary Crutchfi , , City Manager Regular Mtg.: 2/6/2012 Rick White, Community& Lonomic Development Directot�,VLj FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT - Temporary Use Shriners Circus) (MF# SP 2011-0161 I. REFERENCE(S): i. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 1/25/12 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 2/6: MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a Temporary Use (circus) at 6200 Burden Boulevard. III, FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On January 25, 2012 the Planning Commission held a public hearing to determine whether or not to recommend approval of a Special Permit to allow the location of a temporary circus at 6200 Burden Boulevard. B. Following conduct of the January 25, 2012 public hearing, the Planning Commission recommended the Temporary Use in question be granted a Special Permit with certain conditions. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. S(b) Item: El Katif Shriners Circus Vicinity -. Applicant: 1 Map File #: SP2011 -016 !tt 1}1 : .. �....■ � �-+ •.s..,•t v t.D._t._7 n,r sS-i/�'�', I tel:W� � /1. � �,�• � `T t� � ?v w--- _.o-.. 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Pig moon No, 1, ; ��► '� ���1 _A113.�..v.�,.'ha . �� wt �tt�l411W out w e In a•Aar-�.t�� O I _ • yeti._ a _lUlf'- • �� v 'i , roc �d Lai -sue I v �.�: 1riitj./.•��•;����vr4V,• _ �+�:'•s''* _ RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A TEMPORARY USE FOR A CIRCUS AT 6200 BURDEN BOULEVARD WHEREAS,El Katif Shriners submitted an application for the location of a temporary circus (Tax Parcel 117370015);and, WHEREAS, the Planning Commission held a public hearing on January 25, 2012 to review the proposed temporary circus; and, WHEREAS, following deliberations on January 25, 2012 the Planning Commission recommended approval of a Special Permit for the temporary circus with certain conditions; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to EI Katif Shriners for the location of a temporary circus in a C-1 (Retail Commercial) District and an RT (Residential Transition)under Master File# SP2011-016 with the following conditions: a) The Special Permit for a circus shall apply to Tax Parcel# 117370015; b) The Special Permit may be renewed annually for a three year period after Community & Economic Development Director review of nuisances, complaints or issues concerning circus operations. Subsequent renewal after the initial three year period must be through the Special Permit process (PMC 25.86); c) The circus must comply with all fire and health and safety codes; d) The site must be maintained free of litter and trash during the circus event: e) The site must be cleaned and left as it was prior to the circus event; f) The circus event, including set-up and dismantling, shall not occur for more than seven days in any calendar year; g) Diesel generators must be located to the south and west of the main circus tent; h) The circus must obtain a special event license approval each year. Passed by the City Council of the City of Pasco this 6"'day of February, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark,City Clerk Leland B.Kerr,City Attorney REPORT TO PLANNING COMMISSION MASTER FILE # SP 2011-016 APPLICANT: El Katif Shriners HEARING DATE: 1/19/2012 7217 W. Westbow Ave. ACTION DATE: 1/19/2012 Spokane, WA 99224 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Temporary Use (Shriners Circus) in a C-1 [Retail Businessl Zone and an RT (Residential Transition) Zone 1. PROPERTY DESCRIP'T`ION: A portion of the west 1/2 of Section 15 Township 9 North Range 29 east lying northerly of the northerly line of Highway I- 182 except the west 1630 feet thereof. General Location: 6200 Burden Blvd. (Northerly 500 feet of the GESA Stadium parking lot) Property Size; Approximately 68 acres (Circus site 5.75 acres) 2. ACCESS: The GESA parking lot site has direct access from Burden Boulevard and Homerun Road. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The parcel has split zoning. A majority of the parcel is zoned RT (Residential Transition) while the portion of the parcel to be used for the circus is zoned C-1 (Retail Business). The parcel contains a parking lot, baseball stadium and the Tri-Cities youth soccer complex. The Soccer Complex and Ball Stadium were originally established with approval of Special Permits. The zoning and land use of the surrounding properties are as folIows: NORTH: C-1 - Commercial Businesses SOUTH: R-3 - Hwy 1-182 & Four-Plexes EAST: C-1 & R-1 -- Single Family Residences WEST: C-1 -TRAC 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Government/Public uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other 1 information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The Shriners have operated a benefit circus in Pasco for a number of years. (For twenty years an annual circus was located in the Edger Brown Stadium. After the football field was replaced with artificial turf the circuses had to find new locations on which to operate.) For the last two years the Shriners Circus has been located on TRAC property at the corner of Homerun Road and Convention Place. Due to scheduling conflicts the site on the TRAC property is not available this year. The Shriners have located a potential site for the circus adjacent to the TRAC Facilities at the north end of the GESA Stadium parking lot. The GESA Stadium parking lot is zoned C- 1 (Retail Business) and RT (Residential Transition); as such does not permit the location of a circus. However, PMC 25.86.030 permits the granting of Special Permits for uses not otherwise permitted in a zoning district provided the use is clearly temporary in nature and the use does not involve the erection of permanent structures. It is under the provisions of PMC 25.86.030 that the Shriners have applied for a Special Permit to operate their benefit circus in the GESA Stadium parking lot. The Shriners are seeking Special Permit approval that would allow the benefit circus to be located on in the GESA parking lot on an annual basis. The proposed circus would arrive in the early spring of each year and provide shows for four (4) consecutive days. The hours of operation will be between 11 am and 10pm. The benefit program which involves hiring a professional circus company such as Tarzan Zambini, will arrive in self- contained circus vehicles, set up the main circus tent and arrange their equipment on-site. Diesel generator(s) will power the operations. The GESA Stadium parking lot is part of the WRAC/Pasco Sports Complex which was specifically developed for regional events, trade shows, recreational events and sports tournaments. The site in question contains a parking lot with over 1,110 parking stalls, an outdoor baseball stadium and multiple (16+) outdoor soccer fields. The parking lot can be directly accessed from Burden Boulevard or Homerun Road without traversing other properties. The TRAC Facilities directly to the west contain the TRAC event center and annex building, an RV park for TRAC patrons, outdoor stables for rodeo animals, the City's Softball Complex and several large parking lots that are used for parking and various outdoor events. Past use of TRAC property has demonstrated the Shriners Circus does not conflict with the events and activities occurring in and around the TRAC event center or on nearby sports facilities such as the GESA Stadium, the Softball Complex and the Soccer Complex. No complaints have been 2 received by the City as a result of the Shriners Circus operation on the TRAC property. The circus is anticipated to serve a maximum of approximately 2,000 people which is significantly lower than the attendance at major TRAC events or a sellout crowd at the 3,500 seat GESA Baseball Stadium. The proposed location for the Shriners Circus is considerably closer to residential neighborhoods than the former location at the corner of Convention Place and Homerun Road. The proposed site is located about 440 feet south of the Sunny Meadows subdivision and about 600 feet west of the Linda Loviisa subdivision. The Sunny Meadows subdivision is separated from the circus site by Burden Boulevard, and commercial properties containing offices and a mini-storage facility. The Linda Loviisa subdivision is separated from the circus site by an 8 foot block wall and 600 feet of soccer fields. By contrast the Edger Brown Stadium, which was home to benefit circuses for many years, is located within 170 feet of a residential subdivision. In terms of noise impacts, the diesel generator(s) will be housed inside of a noise deadening container and should not be a nuisance to surrounding businesses or residences. Traffic may be noticeable to surrounding properties but should not exceed that experienced during a baseball game. Other aspects of operational logistics such as Fire Code compliance and sanitation will be addressed during the Temporary Event licensing stage. Conditions may be added to the Temporary Event license. 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 Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in the 6200 block of Burden Boulevard. 2. The site is located in the northern 500 feet of the GESA Baseball Stadium parking lot. 3. Much of the site is zoned RT (Residential Transition). 4. The portion of the parcel to be used for the circus is zoned C- I (Retail Business). 5. The Comprehensive Plan designates the site for Government/Public uses. 6. The site is part of the TRAC/Pasco Sports Complex which was specifically developed for regional events, trade shows, recreational events and sports tournaments, 3 T Trade shows, regional events, and sports tournaments occur continuously all year at the TRAC/Pasco Sports Complex facilities. 8. The Shriners Circus will last for four (4) consecutive days once per year. 9. For the past 2 years the Shriners Circus has located on TRAC property at the corner of Convention Place and Homerun Road. 10. Prior to the installation of artificial turf, circuses were an annual event at the Edger Brown Stadium on Sylvester Street. 11, Edger Brown Stadium is located in an R-1 (Single Family Residential) zoning district. 12. Circuses in the Edger Brown Stadium were located 170 feet from a residential neighborhood. 13. Circuses are not a permitted use in residential zoning districts. 14. PMC 25.86.030 permits the granting of Special Permits for uses not otherwise permitted in a zoning district provided the use is clearly temporary in nature and the use does not involve the erection of permanent structures. 15. The Shriners Circus does not involve the erection of permanent structures. 16. The proposed circus site is located 440 to 600 feet from residential neighborhoods. 17. The site is buffered from residential neighborhoods by a major arterial street, commercial property and buildings, a soccer complex and a block wall. 18. The Shriners benefit circus has operated on adjoining TRAC property for the past 2 years without complaints about noise or other issues. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT The Planning Commission must make Findings of Fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan Land Use Designation for the site is Government/Public. The TRAC Facility, GESA Stadium and Tri-Cities Youth Soccer Association complex were previously developed as the result of receiving Special Permits. These facilities are intended to serve the general public consistent with the designations of the Comprehensive Plan. The policies of the Plan are designed to address the general welfare of the community. The proposed circus will provide recreational opportunities for some residents thereby addressing general welfare needs within the community. 2. Will the proposed use adversely affect public infrastructure? 4 The proposed circus will operated for four days per year and is self- contained with respect to public infrastructure needs. Public streets will be the only infrastructure impacted by the proposal. However, Burden Boulevard was specifically designed with four lanes to handle event traffic from the TRAC/Pasco Sports Complex. 3. Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The site is part of the TRAC/Pasco Sports Complex which was developed specifically for recreational events, trade shows, rodeos, sporting tournaments, seasonal sporting events and similar one time or temporary events. The proposed Shriners Circus has been a part of the existing character of the TRAC/Pasco Sports Complex for the past two year and has operated in harmony with said facilities. The proposed circus is similar in nature to other events occurring in the general vicinity and is anticipated to be operated in harmony with these events as it has in the past. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The TRAC/Pasco Sports Complex was purposefully developed for recreational events, trade shows, rodeos, sporting tournaments, seasonal sporting events and similar one time or temporary events such as circuses. Properties nearby the TRAC/Pasco Sports Complex continue to be developed with commercial or residential buildings indicating temporary and seasonal events that regularly occur on or near the site do not discourage development of permitted uses within the general area. The main tent associated with the proposed circus will not be taller than the sun screen structure of the GESA Stadium and will not be taller than the TRAC building, the softball complex lighting and the cellular tower in the TRAC RV Park. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Temporary one time seasonal events occur in and around the site continually during the year. The proposed circus has been a part of those events for the past two years. Past operations of circuses in the general vicinity have not created objectionable conditions for other uses and temporary events occurring in the vicinity. Past circuses have proven to be no more objectionable than other uses periodically held on-site or at the TRAC facility. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? 5 The only uses that will occur on the site and adjoining TRAC properties will be similar temporary and seasonal events, The TRAC/Pasco Sports complex was specifically developed for these types of events. Previous circuses on the TRAC property have not become a nuisance or a hazard to the public or to other activities in the area. APPROVAL CONDITIONS 1. The Special Permit for a circus shall apply to Tax Parcel # 117370015; 2. The Special Permit may be renewed annually for a three year period after Director review of nuisances, complaints or issues concerning circus operations. Subsequent renewal after the initial three year period must be through the Special Permit process (PMC 25.86); 3. The circus must comply with all fire and health and safety codes; 4. The site must be maintained free of litter and trash during the circus event; 5. The site must be cleaned and left as it was prior to the circus event; 6. The circus event, including set-up and dismantling, shall not occur for more than seven days in any calendar year; 7. Diesel generators must be located to the south and west of the main circus tent; 8. The circus must obtain a special event license approval each year. RECOMMENDATION The Shriners have been discussing the proposed circus move with staff since the early summer of 2011. Other staff activities have postponed this item from being present to the Planning Commission until now. Staff is therefore recommending this matter be forwarded to the City Council after the initial hearing. MOTION: I move to close the hearing on the proposed temporary circus and initiate deliberations. MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 19, 2012 staff report. MOTION for Recommendation: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to El Katif Shriners for the location of a temporary circus with conditions as contained in the January 19, 2012 staff report. 6 E - M t Land Use Item: El Katif Shriners Circus Map Applicant: Katif File #: SP2011 -016 !1111!!1/ :■ ■t�■n■■■t■it■ : : •� ■■ ♦- ♦-�- -��• ■ rr �• . ■ ■■ ■■ 1111 0 ♦♦ /�/► �■ ■ 11 1111 ■■t■■■■1► r� �,� i it■■tiii■t1i■■ . ■■ ■� �� ♦♦ �� ♦♦� ♦ / ■■ ■ 1111111 - • ■■ii■■■lam: r%/iti■It t■�fttttl�� i ii am� ♦� ♦� ♦♦♦♦♦♦♦♦�`�■ ■i ■ 1 ■ ■ ■■�■■■■w■■■r ■■■i■i■■■■ itt■tt■■trtit . ■■ ���,♦♦♦1 ����♦ SEE X1111 ' Commerciaj-�.--Rwmm 1101 a• ■1llt ♦ Means�� I V—LLIJ NINE ON INS �ti■■■ y � : � ♦��►�■ �11111111 ■r � �■ ■tea■ I IN WIN Ml 0 Nang gloom 1 �M ■■ 111111111 ■ ■��I wiw � � :: �■ 111111111 ■ �� �� � Vacant • ,,� 1 owa_ +. Own- _���� ♦�� - - I • 1 1�111111� a►s� sr�!1,,, ��„s,,,,, . ■ �i ■■ ♦ ♦ I KNOW �r � �' � ,,,,,,�r .B, • � ,. ■ .■ 1111 �♦ ♦♦ ��► !■ r • . .i .,,,, ....�t,�,■ , . .. •■ ••. ♦• ,•,•• ♦ , .. 1111111 i �II�lI Ef i„i—mtl1ll ����f���!! i ii �I ♦♦�♦,�♦'��♦�j�■ .� 11111 Bosoms .■ man .. �% ♦� ~ •� I�1/ ■ r ♦1111 �� ■1111 ■��� ����I■���� ....N. .,..■! �- .■■iii ' � ���% � ♦ ♦SEMEN 0 ■s sss� MIZZ Ml Mom m m mom � p :: �� lll111111 � IN mm ,1 IS IN mom r ; �: i■' 111!11!11 MI� = : :■ i ■ i now ' +► 9 ° .T r,• Im SWINNN � V rt• \ 14 f NUNN MINIMUM] , r _ ._ � "„iiw ,,, !t 4•{�i sir— .. i ♦4 .'� y qll ■ t Y�� e �-y_�. .�.5�+: , N.mow , • ` fi�r�,:y • � •,�,. �..,e _ r-'��]f t't+`•.. .•41�jib.+ •g,r _ � `��.�•�.�'� _ �_�..� Looking North Looking East Ain r +.� -• WPER=o low Looking Southeast Looking south Looking West ° IP N A • _ I Q e ` �'• a •`�• . . �:.+ ,.+�•.�.� Looking North, west im Ow law r • .,,,�rilc a+.ej`_�1,q�t*'. � ,.•._: -�% - 1� ,"{ °� � _ _ •14j •.�T-, • �� � •. � • _ •.tom � PLANNING COMMISSION MINUTES January 25, 2012 A. Special Permit Shriners Circus 1MF# SP2011-016 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, reviewed details of the report for the benefit of the Planning Commission. El Katif Shriners applied for a special permit to operate a temporary circus on a portion of the GESA stadium parking lot located at 6200 Burden Boulevard. The parking lot is zoned both C-1 (Retail Business) and RT (Residential Transition). The proposed site is part of the 68 acre Stadium/soccer complex that has direct access from Burden Boulevard and Homerun Road and can be accessed without traversing other properties. The Comprehensive Plan Land Use Designation for the site is Government/Public, which is in line with the proposed use. For the last two years, the Shriners Circus has been located on the TRAC property directly to the west of the subject site. To Staff's knowledge it has operated without generating any complaints. The Shriners are seeking special permit approval to operate the circus located on the GESA Stadium parking lot on an annual basis for up to three consecutive years as conditioned in the staff report. The GESA Stadium is part of the TRAC/Sports Complex. The site contains a parking lot with 1100 parking stalls and 16 soccer fields. The site is buffered from the adjacent residential neighborhood by an 8' block wall and 600 feet of soccer field. The applicant proposes to have the circus once per year for up to four days from 7;00 a.m. to 10:00 p.m. Power generators will be housed in sound deadening containers. Floyd Johnson, 315 Canyon Lakes Drive, spoke in support of the Shriners Circus. He stated that the circus has been in Pasco for a number of years and all of the proceeds go to support Shriners Hospitals who treat children throughout the Northwest with orthopedic problems. He had no concerns about the proposed special permit or its conditions. Commissioner Levin moved, seconded by Commissioner Kempf to close the hearing on the proposed temporary circus and initiate deliberations. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Kempf to adopt the Findings of Fact and Conclusions therefrom as contained in the January 19, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Kempf based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to El Katif Shriners for the location of a temporary circus with conditions as contained in the January 19, 2012 staff report. The motion passed unanimously. Staff explained this item go to the next Regular City Council Meeting on February 6, 2012. AGENDA REPORT FOR: City Council r January 30, 2012 TO: Gary Crutchfi61d. — =)N anager Regular Mtg.: 02/06/12 mss,. FROM: Rick White ; + Community & Economic Development Director 1�f q SUBJECT: Kurtzman Park Neighborhood Local Improvement District SLID? 149 I. REFERENCE(S): 1. Vicinity Map 2, Protest Tracking Matrix 3. Map showing location of owners/properties filing protests U. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02/06: No action is necessary unless Council wishes to terminate LID 149. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Following a public outreach effort in 2006, the City accepted the Kurtzman Park Action Plan in early 2007. The Plan was developed as a result of neighborhood input and established a priority system for neighborhood improvements including infrastructure (sidewalks, curbs, gutters, street lights and in some cases utilities), increased code enforcement efforts and an increased police presence. B. In order to implement the Action Plan, LID 146 was completed in 2010 for the southern portion of the Kurtzman neighborhood using a combination of federal stimulus and Community Development Block Grant (CDBG) funds and owner contributions. LID 148 for the middle portion of the neighborhood is nearly complete using CDBG funds and owner contributions, and LID 149 for this last portion of the Kurtzman neighborhood was formed at the December 19, 2011 Council Meeting through Ordinance 4035 at an estimated cost of$626, 413. C. Council allocated $350,000 in CDBG funds as a means of financing a portion (55%) of the missing infrastructure in the LID area. CDBG funds can also be used to pay assessments for lower income residents similar to a program now in place for the payment of utility LID'S. Staff intends to request CDBG funds in the 2013 allocation process for LID assistance if necessary, D. The 30 day protest period for LID 149 has ended, Reference 92 contains the results of the protests received. There were 3 property owners (out of a total of 31) timely protesting the LID representing 5.l% of the total assessment to the property owners ($276,413). An additional protest was received after the 30 day deadline, which if added to the total protests received represents 6.5% of the total assessment to the property owners. Both of these amounts are well below that required to terminate the LID (60%). V. DISCUSSION: A. Neighborhood improvements in areas lacking or experiencing decay of infrastructure is a longstanding Council goal. The use of CDBG monies for an area-wide benefit and for LID assistance can minimize the impact of improving neighborhood infrastructure on low income households. B. The percentage of protests filed against LID 149 is a very small percentage of the total improvement value; thus, staff recommends the LID proceed to design and construction. If Council wishes to terminate LID 149, an ordinance that repeals adopted Ordinance 4035 will be prepared and returned to Council for formal action. 10(a) -2 b _ ►i. '. i RL.�..� • t` .J. Vii. y-•- ;- � ����'(( �p.�,r� _ r"�ll�'. '1� "t '�. t r i -wx A '� .. �" iii' •* •- ..� :! ,. a � s � =4 . . Moral . rNC Iwo WA OK dt (tom. ' �• t !f r� � hw-- :.,% s =_;�i{�][�l t•i 1 J\'L ter , . �^ +iPl�' _� ���■_- _r �,. -iii' K IN U� r { LID 149 PROTEST TRACKING 1/17/2012 LID 149-Kurtzman Park Area Phase 3• Slreet Improvements Tlie following is a listing ol"properry owners who protest LID 149 City Council adopted Ordinance No 4035 creating LID 149 on December 19,2011 End oi'rhe Protest Period was January 18,2012. 31 =Number ol'L.ots in LID 149 varies =Cost per Lot S 276,412.96 =Total Assessment for the LID Percent Accurn. Account Type of Date Assessed of Percent of Number Name Protest Received Value Protest Protest 1 3 Charles A Madden Mailed 119!2012 S 7,097.85 2.6% 2.6% 2 8 Rosa Biriueto(ETAL) Mailed 1/17/2012 $ 3,787.12 1.4% 319% 3 26 Rosa Monies Hand delivered 1/18/2012 S 3,202.88 1.2% 5.1% 4 0.0% 5.1% 5 0.0% 3A% 6 Received after the deadline 0.0% 5.1% 7 1s Maria Mendez Letter 1/20/2012 S 3,884 50 1.4% 6.5% 8 0.0% 6.5% 9 0.0% 6.5% 10 00% 6.5% 11 0.0% 6.5% 12 0.0°1/16 6.5% 13 0.0% 6 5% 14 0.0% 6.5% 15 0.0% 6.5% 16 0.0% 6.5% 17 18 19 20 21 22 I,Dovle L Heath,the duly appointed,qualified Professioual Engineer of the City of Pasco,Washington,do hereby certify that there were—_protests filed against the formation of Local Improvement District(LID)No, 149 of the City-These protests are by llte pr operty owners,as recorded in the Franklin County Courthouse,of the parcels included in LID No 149.The calculation of the protests is based on the preliminary assessment roil and on protests filed prior to expiration of the 30-da protest period as provided in the Ordinance Dated this —22_day of _)anuajy_, 2012 / -�e L Doyle L ff6lh,PE City of Pasco,Washington Page 1 do S. i IUG-O AVE N HU60 A L 2L e ash colp Oil cr �,,� 1i .. : • �, ;�; a - ` +. f' ♦M tr 2w 123 S. VIALDI JI ,! - - C � Cl) CD . CEDAR r _S. -C --a �- a -M� D _ 0 CD CD CD T � CD CD CA) CD Q CD l tn • r 1 + ����� �� �•�.. ° 00 . , t " � •, . � DVS rQ 3 OT AGENDA REPORT FOR: City Council January 11, 2012 TO: Gary Crutchfiel t Manager Workshop Mtg.: 1/23/12 Regular Mtg.: 2/6/12 FROM; Stan Strebel, D puty ity Manager SUBJECT: Architectural Services— Municipal Court I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 1/23: Discussion 2/6: MOTION: I move to approve the agreement with LCA+pH, LLC for architectural services for the municipal court facility and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $220,292.00 (8.69% of estimated $2.5 million construction cost) IV. HISTORY AND FACTS BRIEF: A) Following the decision of the Franklin County Commission to move forward with the November 2011 Public Safety Sales Tax Ballot proposal, City staff participated in a process to select a new architect for the jail construction and renovation project. LCA+pH, LLC, with offices in Seattle and Boise, was determined to be the most qualified firm to perform the services. B) LCA has successfully completed a number of criminal justice facilities in the region, including: Umatilla County (Pendleton) Oregon, Yakima County and Cowlitz County, Washington and Kootenai County (Coeur d'Alene) and Ada County (Boise) Idaho. C) As the County is contracting with LCA for the jail construction project, it only makes sense for the City to contract with the firm for the municipal court as part of the same project. LCA's proposed fee is reasonable and within the range of architectural fees previously experienced by the City. The proposal fee of $220,292 is based on a 10,000 sq ft facility for the Court, plus common space and a pro-rata share of site work. At this point, the estimate of the total cost for the court facility is $3,045,000. D) Staff recommends approval of the proposed agreement. V. DISCUSSION: A) The agreement provides for design, bidding and construction management (not including special inspection) services. It is anticipated that the jaiUcourt construction project will take place under a single contract administered by Franklin County. B) The entire project has been put on a schedule which anticipates bidding the work in August 2012 with completion anticipated within 13-14 months of start. 10(b) ::, Document B101"' - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Tllirlieth day of December in the year Two Thousand and Eleven (fit bards, irfdicale da),, mend?ark!},ear:) ADDITIONS AND DBLETIONSt BETWEEN the Architect's client identified as the Owner: The author of this document has (Name, legal stales, address and otbel•information) added Information needed for its completion.The author may also City of Pasco,Washington ALA revised the text of the original ALA standard form.An Additions and Box 293 Avenue Pelallons Report that notes added Pasco, WA 119301 information as well as revisions to the standard form text Is evallable from the author and should be reviewed.A and the Architect: vartical line in the left margin of this (Nature,legal slalus,address and other Information) document Indicates wh ere the author has added necessary Information LCA+pH, LLC and where the author has added to or 1809 7`h Avenue,Suite 806 deleted from the original AIA text. Seattle, 1VA 98101 This co;umenl has imporlanl legal consequences,Consultation with an attorney is encouraged with respect for the following Project: to Its completion or modllication, (Nrvne, location and detailed desc)-iption) Franklin County Corrections Facility-Pasco City Courts LCA+pH No: 11022.03 0•a This project involves the incorporation of approaintately 10,000 Sgtmre Feet of Municipal Courts space on the Lower Floor ofthe Franklin County Corrections Facility expansion located at 1016North 4's Avenue in Pasco,Washington. Tile estimated construction cost for the City ofPasco's involvement is$2,535,000.00, The project ,vilI be designed and constructed as one project in conjunction with the Franklin County Corrections Remodel and Expansion project wile the county. The Owner and Archilect agree as follows. A document 8101°1-2007 formerly B151'"-1887),Copyright O 1974,1976,1987.1997 and 2007 by The American Institute or Archltects.All rights loll. W reserved.WARNING:This AIA� Document Is protected by U.S.Copyright haw and International Treaties.Unaulhorlsed rsproducUon or distribution of .� this AIA Document,or arty portion of n,rosy result In severe civil and criminal penalties,and wlti be proaeouled to the maximum extent possible under 1 the law.This documentwas produced byAIA software at 14;20:04 on 01109!2012 under Order No.7095992816 1 which expires on 0112312012,and Is not for resale. User Notes: (a94391907) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COSTOFTHEWORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article I: The initial basis far defining(lie scope of work will be information provided lender the previous study by LCA+pH completed August 5,2011. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: to be determined .2 Substantial Completion date: to be determined § 1.31he Owner and Architect{nay rely oil the Initial Information.Both parties,however, recognize that such information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the schedule,the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth ill this Agreement. § 2.2 The Architect shall perforin its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or sitnilar locality under the same or siulilar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. AIA Do0umsnl B101T"—21107 (Ormedy B161'"-1997).Copyright O 1974.1878,1987.1997 and 2007 by The American Institule of Architects.All rights Init. ruerved.WARMING:This AJA� Document Is protected by U.S.Copyright Lew and Internatlonol Treaties.Uasuthorixed reproduction or distribution of 2 this AIAe Document,or any portion of A,may result In severs civil and criminal panailies,and will be prosecuted to the maximum extant possible undo f the law.This document was produced by AIA sofhvere at 18:22:38 on 014so2012 urnderOrder No.709599281 S_1 which expires on 0112312012,and is not for ressia, User Notes: (1887988078) § 2,3 Tlie Architect shall identify a representative authorized to act on behalf of the Architect wills respect to the Project. § 2.4 Except with the O%vner's knowledge and consent,the Architect shall not engage in any activity, or accept oily ennploymeut,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2,5 The Architect shall maintain the follo%tmtg meth-ance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains,the Otviter shall reimburse the Architect for any additional cost: (Ident)5 lypes and flinits of fnsurance coverage, acid other insurance rrqui),emenis applicable to the Agreemem, iJ co".J (Paragraphs deleted) .1 Professiolial Liability limit of$1,000,000 per clans and$1,000,000 annual aggregate ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,mechanical,electrical and civil engineering along with landscape architecture services . Services not set forth in this Article 3 are Additional Services. § 3.1,1 The Architect shall manage the Architect's services,consult with llie Owner,research applicable design criteria,attend Project meetings,communicate with members of the Project team and report progress to the Ou mer. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the O%viter if the Architect becomes aware of any error,omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a schedule for the perfornnance of the Architect's services.Tile schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion ofthe Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the 01YL1er's review, for the perfor7uance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction risdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,ifnecessary,as the Project proceeds until the commencement of construction. § 31,4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall,at appropriate times,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project, § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3,2,9 The Architect shall review the program and other information filrnished by the Owner,and shall review laws, codes,and regulations applicable to the Architect's services. § 3.2,2 The Architect shall prepare a preliminary evalitation of the Owner's program,schedule,budget for die Cost of the Work,Project site, and the proposed procurement or delivery method and other Initial Information,each in teruns of the other,to ascertain(lie requirements of the Projec(.The Architect shall notify the Owner of(1)any AIA Document 8101--2007 fformedy B1611*—1997).Copyri0htC 1974,1970,1987,1997 and 2007 by The American Insillute of Archilecls,All rights Intl. raserved.WARNING;This AIAy Document is proloclad by U.S.Copyright Low and International Trealies.Unauthorised reproduction or distribution of 3 this AJA' Docurnont,or any portion of it,may result in severe civil and criminal penaf as,and will be prosecuted to the maxlmum extent possible under ! the law.This document was produced byAfA software at 10:22:38 on 01103!2012 under Order No.7095992616_1 which expires on 0112312012,and Is notfor resale. User Notes: (1667966078) inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Pioject. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches,7I1e Architect shall reach an tuiderstanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with die Owner,the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of tine preliminary design,the Architect shall prepare Schematic Design Documents For the Owner's approval.The Schematic Desigii Documents shall consist of cirnwhngs and other documents including a site plan,if appropriate,and preliminary building plans,sections acid elevations acid may include some combination of study models,perspective sketches,or digital modeling.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives,such as material choices and building orientati o11,together with other considerations based on program and aesthetics,in developing a design that is consistent with lice Omier's program,schedule and budget for the Cost of the Work. § 3.2,5.2 The Architect shall consider The value of alternative materials, buildhig systems and equipment,together with other considerations based oil program and aesthetics, in developing a design for the Project that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3,2.6 The Architect steal l submit to the Owier aii estimate of the Cost of the Work prepared in accordance with Section 6.3. § 317 The Architect shall submit the Schematic Design Docu menis to tike Owner,and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval ofthe Schematic Design Documents,and on the Owner's authorization orally adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Doetllnents for the Owner's approval,The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,acid diagrammatic layouts of building systems to fix and describe die size and character of tine Project as to architectural,structural,mechanical and electrical systems, and such other elements astray be appropriate.The Design Development Docunielrts shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work § 3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Ownier of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Doctunents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials slid systems and other requirenierus for the construction of tlhe Work.The Owlier and Architect acknowledge Ihat in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submi(tais, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governinerital aulliorities having jurisdiction over the Project, AIA Document 6101'"—2007 formerly 8161 1"—1987).Copyright O 1874,1978,1987,1997 and 2007 by The American InsiJiLte of Archllws.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and Iniernattonal Traatles.Unauthorized reproduction or dHUibution of 4 Ihla AIA4 Document,or any portion of h,may rasuit to severe ctvg and crimtnai penaltlea,and will be prosecuted to the maxtmum extent posslbts under r the taw,This document was produced by AIA software at 16:22:38 on 011=2012 under Order No.7095992816_1 which expires on 01123/2012,and Is not for reaels. User Notes; (1667988078) § 3.4.3 During the development of the Construction Documents,the Architect shall assist the O%vner in the development and preparation of(])bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Olvlier and Contractor;and(3) the Conditions of the Contract for Construction(General,Supplementary and other Conditions),The Architect shall also compile a project manual Iliat includes the Conditions of the Contract for Construction and Specifications and ruay include bidding requirements and sample forms. § 3.4,4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submir the Construction Documents to the Owner,advise the O%vtier of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval, § 3.5 BIDDING OR NEGOTIATION PRASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establisl6ig a list of prospective contraclors.Followhng the Owner's approval of the Construction Documents,the Architect shall assist the Owner in (I)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)delcrinilning the successful bid or proposal,if any;and, (4)awarding and preparing contracts for construction, § 3,5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2,2 The Al-chitect shall assist the Owner in bidding the Project by; .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders,requesting their return upon completion of the bidding process,and maintaining a log of distribution and retrieval and of the amounts of deposits, if any,received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; ,4 preparing responses to questions from prospective bidders and providing clarifications and Interpretations of the Bidding Documents to all prospective bidders in the form of addenda;and ,5 organizing and conducting the opening of the bids,and subsequently documenting and dislribulilig the bidding results,as directed by(Ile Owner. § 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to ail prospective bidders, (Paragraphs mfelelecl) § 3.6 CONSTRUCTION PRASE SERVICES § 3.6.1 GENERAL § 3.6,1,1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A2017^L-2007, General Conditions of the Contract for Construction, If the Olvner and Contractor modify A1A Document A201--2007,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6,1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to flue extent provided in this Agreement.The Architect shall not have control over,charge of or responsibility for file construction means,methods,teclut]ques,sequences or procedures,or for safety precautionsand programs in coluneclion with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of, slid shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3,6.13 Subject to Section 4,3,the Architect's responsibility to provide Construction.Phase Services commences with the award ofthe Contract for Construction And tenninales on the date the Architect issues the final Certificate for Payment. AJA Document B101'"-5007 fomlerly 916114—1997).Copydghl01974,1978,1987,1997 and 2007 by The American hlsUiLta of Architects,An rights Init reserved.WARNING:This AIA Document Is protected by U,S.Copyright Low and tokmallonal Troatles.Unauthorized rtproduclion or dlotrlbullon of 6 this AIAs Docomont,or any portion*fit,moy result In severs civil and ulmlnef penailiss,and will be prosecuted to the maabnum extent possVe under ❑rt law.This document was produced by AlA software at 15:22:38 on 0110312012 under Order No.7095992816_1 which expires on 01123/2012,and Is nol for ressfe. User Notes: (1687988078) § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2,4 Tire Architect shall visit the site at intervals appropriate to the stage of construction,or as ollierwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to detennine,in general,if the Work observed is being performed in a manner indicating that the Work,when fiilly completed,will be in accordance with flue Contract Documents. However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check tine quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Oalier reasonably informed about the progress and quality of the iiorlion of the Work completed, and report to ilia Owner(1)luhown deviations front the Contract Documents and fi-otn the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed bi the Work. § 3.622 The Architect has line authority to reject Work that does not conform to the Contract Doeunients. Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Docurilents,whether or not such Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in goad faith either to exercise or not to exercise such authority shall give rise to a dtity or responsibility of the Architect to the Contractor, Subcontractors,material and equipinenl suppliers,their agents or employees or other persons or entities performing portions of the Work. § 3,613 The Architect shall Interpret and decide(natters concerning performance tinder,and requirements of,the Conitaet Documents an%witten request of either the Owiter or Contractor.The Architect's response to such requests shall be made in writing within any time liniiis agreed upon or otherwise willh reasonable promptness. § 3.614 interpretations and decisions of tine Architect shall be consistent with the intent of and reasonably inferable from Ilse Contract Documents and shall be in writing or in tine form of drawings. When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results ofinterpretations or decisions rendered in good faith,Tile Architect's decisions on matters relating to Restlietic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.6 Unless the O%Nmer and Contractor designate another person to serve as an Initial Decision h4aker,as(hat term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents, § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 Tile Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to die Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge,informaticii and belief,the Work has progressed to the point indicated and that the quality of tile Work is in accordance with the Contract Documents,Tile foregoing representations are subject(1)to an evaluation ofthe Work for confornnance with the Contract Documents Upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations fi-om the Contract Dccunlents prior to completion,and(4)to specific qualifications expressed by the Architect, § 3.6.31 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quanlity of the Work,(2)reviewed construction nimns,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received front Subcontractors and material suppliers and other data requested by the Owner to siubstantiate the Contractor's right to paytrrent,or(4)ascertained how or for NOiat purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.613 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall reviewthe Comractor's submiltal schedule and shall not unreasonably delay or withhold approval.The Archi(ect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient tone Ii the Architect's professional judgment to permit adequate review. AlA Document 131011"—2D07`rformerly 8161161-1987),CopyrightO 1974,1978.1987,1997 end 2007 by The American Inctitule of Architects.All tights Init, reserved.WARNING:This AIA y Document is protected by U.S.Copyright Law and internallonal 7roat4".Unauthorized reproduction or distribution of 6 this AIA`'Document,or any porllon of tt,may rosull In severe clvli and criminal penalties,and will be prosecuted to the maximum oxtent possible under the law.This documartl was produced by AIA software at 16:22:38 on 0 110 312 01 2 under Order No1095992818_1 which explres on 01!2312012,and Is not for resale. User Notes: (1687988078) § 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed itt the Contract Docutnenls.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of NNbicli the item is a component. § 3.6,4,3 If tike Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials or equipment,(he Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review Shop Drawings and other submittals related to(he Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information about (lie Contract Documents.The Architect shall set forth in file Contract Documents(lie requirements for requests for inforniatioit.Requests for information shall include,at a ininit11um,a detailed writlen statement that indicates the specific Drawings or Specifications ift need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any lithe limits agreed upon or otherwise with reasonable promptness,if appropriate,the Architect shall prepare and issue supplcnilental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance wilh the requirements of the Contract Docunierles. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consisteltt with the intent of the Contract Documents and do trot involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to the provisions of Section 4.3,the Architect shall prepare Change Orders and Construction Change Direclivcs for 1he Owner's approval and execution in accordance with the Contract Documents. § 3.6.5,2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3,6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and(he date of fhol completion;issue Certifleates of Substantial Completion;receive from(he Contractor and forward to the Owner,for the Owlter's review and records,written tivarranties and related documents required by the Contract Documents and assembled by tike Contractor;and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements ofthe Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the O%vihcr to check conformance of the Work with the requirements of1he Contract Documents and to verify the accuracy and completeness ofthe list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3\%'lien the%%rot k is found to be substantially Complete,the Architect shall inform the Owner about(lie balance of the Contract Sum remaining to be paid the Contractor,including die amount to be retained from the Contract Sum, if any, for final completion or correction ofthe Work. § 3.6.6.AT'he Architect shall forward to the O�Yner the following information received from the CahUactor.(1) consent of surety or sureties,if any,to reduction in or partial release ofrelainage or the making of final payinent;(2) affidavits,receipts,releases and waivers of liens or bonds indemnifying(he Owner against liens;and(3)any other documentation required of the Contractor under tic Contract Documents. A1A Document 81011°—2007 fOMWOy 8161"'-11997).Copyright 01974.1978.1987,1897 and 2107 by The Amariean Institute of Architects.All rlghls halt. reserved.WARNING!Tfds ALAS Document is protected by U.S.Copyright Law and International Treaties,Unauthorked reproduction or distribution of 7 this AJO Document,or any portion of it,may result in severe civil snd eAndnal penafiios,and will be prosecuted to the maximum extent pasMie under j the law.T his document was produced by AlA sofhvare at 16:2238 on 0110312012 under Order No.7095992815_1 which expires on 0112312012,and is nol for resale. User Notes: (1667958078) § 3.5.6,5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation, conduct a meeting with the Owner to review tine facility operations and performance. § 3.6.6,5.1 As part of Basic Services under this Agreement,The Architect shall be a representative of and assist the Owner in securing correction of defects that becoltie apparent diming the Contractor's one(1)year warranty period. § 3.6.6,5.2 The Owner shall cooperate with and assist die Architect during this phase with particular emlllhasis on reporting ally warranty defects. § 3.6.6.5.3 The Architect and Owner shall make a warranty inspection of the}project eleven months aller the date of substantial completion and compile a list ofanty warranty work required by the Contractor, The Architect shall then work%vilh the Otvrner to gel all valid items on the warranty list corrected by the General Contractor and the subcontractors. During this period,the Architect shall maintain communications with the contractors and keep tine Owner informed of the progress and/or problems encountered with conhpleting the list. if%work on the list has nos been completed within six inonths after the end of the waiTauly period, the Architect and Owner shall negotiate a price for continuing services by the Architect. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2, (Designate the Additional Services the A)-cllltect shall pro14de in the second coltulnr ofthe table below. In the third colrfnnl indicate whedrer the service description is located W Section 4.2 or in an attached exlrlbll.If fir an erhibil, identify file a hibit,J Additional Services Responsibility Location of Service Deacription (Architect, Chi4ne7- (Section 4.2 below)or in alt avidbit OP attached to this document and Not Provided ldenti ed below) 4,11 Pr2grainilling Architect 0.2 Multiple preliminary designs Not Provided 4.1.3 Measured drawings Architect 4.1.4 Exist4ig facilities surveys Not Provided 4,1.5 Site Eveluationn and Planning B203TA1-2007 Not Provided 4.1,6 Building information model in Not Provided 4.1.7 Civil engineering Architect 4.1,8 Landscape design Architect 4.1.9 Architectural biterior Design 13252M-2007 Not Provided 4.1.10 Value Altal ysis B204TM-2007 Not Provided 4§ 1,11 Detailed cost estimating Not Provided 4.1.12 On-site project representation Not Provided 4.1.13 Conformed construction docnurhents Not Provided 4.1.14 As-Designed Record drawings Not Provided 4.1.15 As-Constructed Record drn%vin s Not Provided 0,16 Post occupancy evaluation Architect See Article 3.6.6.5 41.17 Facility Su porl Services B2107"1-2007 Not Provided 4.1.18 Tenant-related services Not Provided 4.1.19 Coordination of Owner's consultants Not Provided 4.1.20 Telecornnnunicntions/date design Not Provided § 4.1.21 Security Evaluation and Planning Not Provided 8206761 2007) 4.1,22 Commissioning B21]TA1-2007 Not Provided 4.1.23 Extensive envtronnlen[ally responsible design Not Provided 4.1.24 LEED Certification B214Tb1 2007 Not Provided 4.1.25 Fast-track design services Not Provided AIA Document 81011"—2007 Formerly 81611"—79971,CopyrightO 1974,1978,1907,1997 and 2007 by The American Imiltute Of CWLects.All rights Init. reserved.WARNING:This AIA oocumonl Is protactod by U.S.Copyright Law and Intemalle"Treaties.Unauthorised roproduetlon or dlstdirutlon of this AIA Document,or any porilon of it,may rasua In*ever*civil and criminal ponaltks.and will be prosecuted to the ma0murn extent posslbk under the law,This dowmenl was produced by AIA software at 09:51:17 on 01104/2012 under Order No.7o95992815_1 which expires on 0112312012,and Is not for resale, U sor Notes: (2053205820) 4.1,26 Historic Preservation B205Tm-2007 Not Provided § 4.1.27 Furniture, Furnishings,and Equipment Design Not Provided 6253T 14-2007) (Paragraphs deleted) § 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Lxcept for services required due to the fault of lie Architect,any Additional Services provided in accordance with this Section 4,3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and cil'cuntstances giving rise to the need.The Architect shall not proceed to provide the following services until ttte Architect receives the Omier's written authorization: .1 Services necessitated bya change in the htitial Information,previous instructions or approvals given by the Owner,or a material change in the Project including, but not limited to,size,quality,complexity, the Owner's schedule or budget for Cost of the Work,or procurement or delivery lucthod; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material research,energy modeling,or LEED9) certification; ,3 Changing or editing previously prepared Instruments of Service necessitated by the miactment cm- revision of codes,laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered im a timely fnatiner or ally other failure of performance on the part of the Owner or the Owner's consultants of,contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Olvner authorized recipients; ,6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; .6 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during cottstrtictiau;or .11 Assistance to the Initial Decision Maker,if other than die Architect. § 4,3.2 To avoid delay ui the Construction Phase,the Architect shall provide die following Additional Services,notify the Owncr with reasonable promptness,and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all of-parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have uo further obligation to compensate The Architect for those services; .1 Reviewing a Contractor's submittal otlt of sequence fi,on)the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests fur information that are not prepared in accordance with the Contract Documents or where such information is available to Ilse Contractor front a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; 13 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of instruments of Service; .4 Evaluating an extensive ntunber of Claims as the initial Decision Maker; ,5 Evaluating substitutions proposed by the Owner or Contractor and snaking subsequent revisions to Instruments of Service resulting therefrom;or .6 To The extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(I)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial Completion identified in Initial hiformatioti, whichever is earlier, § 4,3.3 The Architect shall provide Construction Phase Services exceeding(lie limits set forth below as Additional Services. When the limits below are reached,the Architect shall notify the Owner: AIA Document B`10111/—2007 forrnedy 8161 TM—1997).Copyright®1974,1976,1967,1887 and 2007 by The American Institute of Architects.All rights tell' reserved.WARNING:This AIA Document Is protected by U.9,Copyright Law and lnleanslional Trestles.Unaulhorized reproduction or distribution of $ this AIA Oucunwnl,or any portion of it,may rosuh In severe civil and criminal penalties,and will be proseeutod to the rnaximum extent possible under r Clio law,This document was produced by AIA software at 1612:38 on 0110312012 under Order No.T095992816_1 which expires on 01 12 3120 1 2,end is not for resale, User Notes: (1667986078) I Two (2)reviews oreach Shop Drawing,Product Data item,sample and similar submittal of the Contractor 2 Twenty-#'our (24)visits to the site by the Architect over the duration of the Project during construction 3 Two (2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 Two (2)inspections for any portion of tine Work to determine final completion § 4.3.4Ifthe services covered by this Agreement have not been completed within thirty-six (36 )months of fife date of this Agreement,through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additioual Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the 0%Nmer shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives,schedule, constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and siterequu,eurents.Withht 15 days after receipt ofawriltern request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights, § 5,2 The Owner shall eslablisli and periodically update the Ov►gier's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs; acid,(3)reasonable contingencies related to 0 of these costs.if the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,die Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf%vitli respect to(he Project.The Owner shall render decisions and approve(lie Architect's submittals in a tinnely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall flirnisli surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site.The surveys and legal information shall include,as applicable, grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours ofthe site;locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;acid information concerning available utility services and lines,both public and private,above and below grade, inchfding inverts and depths.All the information on the survey shall be referenced to a Project benclurlark. § 5.5 The Owner shall furnish services ofgeotechnical eiigineers,which may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditioiis,With Mitten reports acid appropriate recommendations. § 5,6 The Owner shall coordinate the services of its otvn eonstdtants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants."fhe Owner shall furnish(lie services of consultants other than those designated in this Agreement,or authorize(he Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. Tlie O%vrier shall require Ntat its consultants maintain professional liability insurance as appropriate to the services provided, § 5.7 Tlie Omier shall ftirnish tests,inspections and reports required by law or the Contract Documents, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.6 The Owner shall furnish all legal, insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet tine Otvlier's needs and interests. AIA Document 610111"—2007 formerly 6161111-1 887).Copyright®1974,1878.1887.1987 and 2007 by The American Institute of Arehitects,All rights Init. reserved.WARNING:This AIA Documonl Is protecled by U.B.copyright Law and International Trestles.Unauthorized reproduction or dlstributlon or 10 this AIA1 Document,or any portion of ht,may reeuK in severe civil and criminal penNlies,and will be prosecuted to the maximum extent posslble undar ! the law,Thls document was produced by AIA sotnware at 16:22;38 on Ot/03/2012 under Order No.7095902816 1 which expires on 01!2312012,and IG not for resole, User Notest (1667988078) § 5.9 The Owner shall provide prompt 1%Titten notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement,or when direct communications have been specially authorized,the Owner sliall endeavor to communicate with the Contractor and(lie Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents,The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement,"Ilse Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction, § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6,1 For purposes of this Agreement,the Cost ofthe Work shall be Ilhe total cost to the Owner to construct all elements ofthe Project designed or specified by the Architect and sliall include contractors' general conditions costs, overhead and profit.The Cost ofthe Work does not include the compensation of the Architect,the costs ofthe land, rights-of-way,financing,contingencies for changes in the Work or other costs that are the respnnsihility ofthe Owner, § 6,2 The Owner's budget for the Cost of the Work is provided in hihial Information,and may be adjusted throughout the Project as required under Sections 5.2,6.4 and G.S.Evaluations ofthe Owner's budget for the Cost of the Work,the preliminary estimate ofthe Cost ofthe Work and updated estimates of the Cost ofthe Work prepared by the Architect, represent ilia Architect's judgment as a design professional. his recognized,however, that neither the Architect nor the Owner has control over the cost oflabor,materials or equipment;the Contractor's inethods ofdetennining bid prices; or competitive bidding,market or negotiating conditions.Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices►vill not vary from the Owner's budget for the Cost of ilia Work or fronh any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 63 In preparing estimates of the Cast of Work,the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials,equipment, component systems and types of construction are to be included in(lie Contract Documents;to make reasonable adjhisiments in the program and scope of the Project; and to include in the Contract Documents alternate bids as inay be necessary to adjust the estimated Cost of the Work to meet the OvAier's budget for the Cost of the Work.The Architect's estimate of the Cost ofthe Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services,the Architect shall provide such services as an Additional Service under Article 4, § 6.4 If the Bidding or Negotiation phase has not commenced within 90 days after the Architect submits tie Construction Documents to ilia Otnher,through no fault of the Architect,the O►nhcr's budget for the Cost ofthe Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market, § 6,5 If at any time(lie Architect's estimate of the Cost of the Work exceeds the Otnher's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate%vith the Architect in snaking such adjustments. § 6.6 I f the Owner's budget for the Cost of the Work at the conclusloai of the Construction Documents Phase Services is exceeded by the lowest bona fidebid or negotiated proposal,the Owner shale .1 give written approval of an increase in the budget for the Cost of the Work; ,2 authorize rebidding or renegotiating of the Project within a reasonable tinne; .3 terminate in accordance with Section 4,S; A in consultation with the Architect,revise the Project program, scope,or quality as required to reduce ilia Cost ofthe Work;or .5 implement any other nultually acceptable alternative. AIA Document 5101 O1—2007 fonnerty B161'"—19971.Copyright O 1974,1978,1987,1897 and 2007 by The American lnstilute of Architects,All rip his Enit, reserved.WARNING:This AIA� Document Is protected by U.S.Copyright Law and Inimnatlonal Troaties,Unsuthorized reproducltan or dttlrlbulion or Ihls MAL Document,or any portion of R.may result In severe civil and criminal penaltlet,and will be proseculed to the maximum extent posslblo under j the law,Thls document was produced byAIA software at 16:22:36 on 0110312012 under Order No.70959928$6-1 wNch expires on 0112372012,and Is not for resale, User Notes: (1667969076) § 6.7 If the Owner chooses to proceed wider Section 6.6.4,the Architect,without additionat compensation,shall modify the Construction Documents as necessary to comply with file Owner's budget for the Cost of the Mork at the conclusion of tine Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Omer warrant that in transmitting Instruments of Service, or any other information,the transmitting party is the copyright oni►er of such information or has permission from the copyright omier to transmit such information for its use on the Project.If the Owner and Architect intend to trtunsinit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7,2 The Architect and tine Architect's cnnsultruus shalt be deemed (lie authors and onhners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in comiection with the Project is not to be construed as publication in derogation of the reserved rights ofthe Architectand tine Architect's consuhauts. § 7.3 Upon execution of this Agreement,(lie Architect grants to the Owner a nonexclusive license to use the Arehileel's Instruments of Service solely and exclusively for purposes of conslrltcting,using,maintaining,altering and adding to the Project,provided Ihal the Owner substantially performs its obligations,including prompt payment of all sums when due, tinder this Agreement.The Architect shall obtain similar nonexclusive licenses froln the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and materiel or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable potiioris of the Instruments of Service solely and exclusivelyfor use in performing services or construction for the Project.Ifthe Architect rightfully terminates this Agreement for cause as provided in Section 9,4,the license granted in this Section 7.3 shall ternnivale, § 7.3.1 In the event(lie Oa'lner uses the Instruments of Service withotn retaining the author of the Instrtunnents of Service,the Omer releases the Architect and Architect's constillant(s)fi•onn all claims and causes of action arising From such uses.The Owner, to the extent permitted by law, flirther agrees to indemnify and hold hatinless the Architect and its consultants from all costs and expenses,including the cost ofdefense,related to claims and causes of action asserted by any third person or entity to tine extent such costs and expenses arise from the Owner's use of the Instruments of Service tinder this Section 7.3.1.The terms of this Section 7.3.1 shall not apply ifthe Owner rightfully terminates this Agreement for cause wider Section 9.4. § 7.4 Except for tine licenses granted in this Article 7,no other license orright shall be deemed granted or implied under this Agreement.The Owner shall not assign, delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without lute prior written agreement of the Architect. Any unauthorized use of(lie Instruments of Service shall be at the Otwner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all clainns and causes of action,Nvhether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance%vilh the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable late, but in any case not more than 10 years after the date of Substantial Completion ofthe Work.'i'hc Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1,1, § 8.1.2 To the extent damages are covered by properly insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for daunages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. taut AIA tocumenl B101111—2007`formerly B151 19971,Copyrlpht O 1974,1976,19B7.1997 and 2007 by The American Insritito of Architects.All rights reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and lnternationalTreallas.UnauthorUed raproduclton or dlitrlbullon of 12 this A1At Document,or any portion of h,mpy result In severe civil and criminal ptnatltte,and Wit be prosecuted to the max"Lim extant posalhre under 1 the law.Thlt document was produced by AtA sortware at 16:22.36 on 0110312012 under Order No.7095992815 1 whlch expires on 0112312012,and is nolfor resale. User Notes: (1667988078) § 8.1.311he Architect find Owner waive consequential dain ages for claims,dlspules or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim,dispute or other matler in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of lien arising out ofthe Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor io resolve claims,disputes and other matters in question between linem by mediation which,unless the parties mutually agree oUurwise,shall be administered by the American Arbitration Association in accordance with its Cotstruction Industry Mediation Procedures in effect on the date of the Agreement, A request for mediation shall be made in writing,delivered to the other party to the Agreement,and filed wish the person or entity administering the mediation. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held its the place where the Project is located,unless another location is mutually agreed upon. Agreements ruched in medintion shall be non-binding. § 8.2.4 if the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resollltioh shall be the following: (Check the appropriate box. V'the Owner and Archilect do not select a molhod of binding dfspiae resolution belor, or do riot subsequently agree in writing to a binding dispute resolution method olher than lftrgation,the elisprde will be resolved hr a cour7 gfcomperenl jurisd(climi.) ( ] Arbitration pursuant to Section 8.3 of this Agreement (X] Litigatiolt in a court of competent jurisdiction ( ] Other(Specify) (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Ifthe Owner fails to make paynieuts to die Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at theArcltitect's option,cause for suspension of performance of services under this Agreement.lfthe Architect elects to suspend services, the Architect shall give seven days' written notice to the Otvner before suspending services. In 11te event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all stems due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Arehitecl shall be compensated for services performed prior to notice of such suspension,Wien the Project is resumed,the Architect shall be compensated for expenses htcurred in the interruption and resumption of the Arch itect's services, Tlhe Architect's fees for the remaining services and[lie time schedules shall be equitably adjusted. § 9.3 if the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may lenninate this Agreement by giving not less than severs days'hvrilte i notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' \vritten notice should the other party fail substantially to perform in accordance►vith tlhe terms of this Agreement through no foul(of the party initiating the termination. At 0"urlhertt 8101^'—2007 tormody B161'"—18971.Copyright 01974,1978,1987,1897 and 2007 by The American Institute of ArcMtects.Al rig hie [nit. reserved.WAIT NING:Tnls AA� Document Ic pro tae lad by UA COPY rtyhl Law and internalionat Treaties.UnauIhoriied mproductlon or distrIbulion of 13 this A1A'* noeunrent,or any portion of i4,may result In sevoro civil and criminal pona)0ga,and will be prosoeutod to the maxbnum extent possible under t tuo law.This documentwas produced by AIA software at 18:22:38 on 01!0312012 under Order No 7095992815_1 whkh expires on D1/23120 1 2,artd is not tot resole, UserNalas: (1667988078) § 9.5"1'he O%iier play tenninate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 in the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to tenninntion,together with Reimbursable Expenses their due and all Tennination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which (he Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instrtunents of Service in the event of a tenmination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, § 10.2 Ternis iu this Agrecnhent shall have Ilse same rueauing as those in AIA Docmmcnt A.201 2007, General Conditions ofthe Contract for Construction. § 10.3 Tlie Ownerand Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither(lie Owner nor the Architect shall assign this Agreement without the wrilten consent of the ollier,except that the Owner may assign Ilus Agreement to a lender providing Financing for lice Project if the Iender agrees to assume the Owner's rights and obligations tinder this Agreement. § 10.4 if the Owner requests the Architect to execute certi ficaies,(lie proposed language of such certificates shall be submitted to life Architect for review at least 14 days prior to the requested dates of execution. If(lie Owner requests the Architect to execute consents reasonably required to facilitate assignment tc a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond Cite scope of this Agreenieltt. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or acause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artis(ic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations, However,the Architect's materials shall not include the Owner's confidential or proprietary information ifthe Olvnerhas previously advised the Architect in writing ofthe specific information considered by the Owner to be confidential or proprietary,The Owner shall provide professional credit for the Architect in the 0%�%er's promotional materials For the Project. § 10.8 If the Architect ol-Owner receives information specifically designated by the other party as "confidential" or "business proprietary,"Elie receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees, (2)those-who need to know the content orsucll infomation in order to perform services or construction solely and exclusivelyfor lite Project, or(3)its consultants and contractors whose contracts include similar restrictions on the use ofconfidential information. ARTICLE 11 COMPENSATION § 11.1 rorthe Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Insert aniount of, or basisfo►',co1»!mns( ott) AIA Doeu Mont 8101"'—20 8 07 lormerty 161 TM—18971.Copyright O 1874,1978,1987,1987 and 2007 by T ho Arnsdcan inslilute of Arehllw*All tights Intl. reserved.WARNING:Thls AJA� Document is protected by U.S.Copyright f.sw and International Treaties.Unauthorised reproduction or distribution of 14 this AIA' Document,or any portion of it,may result In sever&civil and criminal penalties,and will be prosecuted to the maxtmum extant possible undo( the law.This document was produced by AIA software at 16:22:36 on 01103(2012 under Order No.7095992B16_1 which expires on 01/23/2012,and Is not for resale, User Motes: (1687988078) I, Compensation for the work shall be a fixed fee of$220,292.00($2,535,000 x$,69%),pies reimbursable expenses. § 112 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows. (Insert muouni of or basis for, cwnpeffsation.If necessrn),,list speciTc seii,low to whiehrarticrdar methods of Courpeusaliai apply+.) Hourly rates identified in Article 113. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3,the Otvller shall compensate the Architect as follows: (Insert owounl of, or basis,for; compensalion,) i Saine as Article 11.2. § 11.4 Compensation for Additional Services of the Architect's consultants whcn not included in Section 11.2 or 1 1.3, shall be the amount invoiced to the Architect plus one point two five percent( 1.25 %),or as otherwise stated below: § 11.51Yltere compensation For Basic Services is based on a stipulated suin or percentage of the Cost of the Work,the compensation for each phase of services shall be as follows: Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty percent ( 20 %) Construction Documents forty percent ( 40 %) Phase Bi dding or Negotiation Phase five percent ( 5 %) Construction Phase twenty percent ( 20 %) Total Basic Conipensatfon one hundred percent ( 100 %) § 11.6 When compensation is based oil a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,thenhast recent estimate of the Cost of the Wort:for such portions of the Project.The Architect sihali be entitled to compensation in accordance with this Agreement for all services performed whether or not Nte Construction Phase is commenced. § 11.7 The hourly billingrates for services of the Architect and the Architect's consultants,Vany,are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If ayplicable,allach an exhibil of houril,billing rates or insert them belciv.) MA Document 8101*"—2007 formeriy at61--1897).Copyrlght01974,1978,1987,1997 and 2007 by The American Institute of Atchiteela.Alt rights Intl, reeervsd.WARNING:This AIA� Doeuenenl is protected by U.S.Copyright tow and Internellonal Treatiss.Unauthorized reproduction or dlatribulion of ,his AIA' Document,or arty portion of 14 nhay result in severe civil end orlminal penalliss,and will be prosecuted to the maximum extent Possible under 1 Iho law.This docunlantwas produced by AIA soflwere at 14:20:04 on Oi/09l2012 under Order No1095992al5 1 whktt explros on DIM/2012,and Is not for resale. User Notes, (894391907) (Row deleledj Employee or Category Rate Principal $145 Associate Principal $125 Architect $115 Interior Designer $95 Project Manager $95 Job Captain $85 Itllem/CADD $85 Word Processing $65 § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11,8.1 Reimbursable Experses are In addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and lire Architect's consultants directly related to the Project,as follows: A Transportation and authorized out-of to%vii travel and subsistence: .2 Long distance services, dedicated data mid communication services,teleconferences,Project Web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over Ate Project; ,4 Printing,reproductions,plots, standard forte documents; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the 0w%,ner; .7 Renderings,models,tnock-ups,professional photography,and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits i f the Owner requests such insurance in excess of that normahy carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; ,10 Site office expenses;and .11 Other similar Project-related expenditures. § 11.8,2 Foi•Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus one point one percent( 1.1 %)of the expenses incurred. § 11,9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its conveniencetmder Section 9.5,or the Architect terminates this Agreement tender Section 9.3,the Owner shall pay R licensing fee as compensation for the Owner's continued use of the Architect's Instrumnents of Service solely for purposesofconhpleting,using and maintaining Arc Project as follows; 0.00 § 11,10 PAYMENTS TO THE ARCHITECT § 11.10,1 An initial payment of zero (S 0.00)shall be made upon execution of this Agreement and is the ntininntiut paynnettt under this Agreement.It shall be credited to the Owner's account in the final invoice, § 11,10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thitly-one (31 )days after the invoice date shall bear interest at the rate entered below, or in the absentee thereof at die legal rate prevailing from time to time at the principal place of business of the Architect. (fuser!),we of monthly or annual luteresl agreed upon.) Per annum % § 11.10.3 The Owner shall not withhold amounts front the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset stuns requested by or paid to contractors for the cost of changes in the INIork unless the Architect agrees or has been ftxtnd liable for the amounts in a binding dispute resolution proceeding. AIA Document 6101+x.-2007 formerly 81611m—1997),Copyright*1974,1878,1987,1997 and 2007 by The American InsGlute o(Archilecls,All rights (nit, reserved.WARNING:This AIA Document is protected by U,B,Copyright Law and Intarnatlonst Trestles.Unauthorized reproduction or dlstributlon of 16 this AIA' Doeumani,or any portlon of R,may result In severs civil and crimloW penalties,snot will be prosecuted to the maximum extent possible under 1 the low.This document was produced by AIA software at 16:22:38 on 0110 312 01 2 under Order No.7096992816_1 which expires on 01123!2012,and is not for resele. User Holes: (1667988078) § 11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owalcr at mutually convenient times, ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special ternns and conditions that modify this Agreement are as follows: 12.1 In the event the Architect is required to retain the services of all Attorney to collect auy sums due under the Agreement,the Architect shall be entitled to reasonable Attomey's fee for said Attorney's services in addition to other sums due under lliis Agreement. 12.2 The Ch met-agrees to limit the Design Professional's liability to the Owner on the project,chic to the Design Professional's professional negligent acts,errors,or omissions,such that the total aggregate liability of each Design Professional to all those named shall not exceed 5500,000.00 or the Design Professional's total fee for services rendered on this project or whichever is greater. 123 The Americans with Disabilities Act(ADA)provides that it is a violation of the Ada to dtsigli and construct a facility for first occupancy later than January 26, 1993,that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. The Architect, therefore,Fill itse its best professional efForts to interpret applicable ADA requirements and other federal,state and local laws,rules,codes, ordinances and regulations as they apply to the Project. The Architect,however,cannot and does not warranty or guarantee that Owner's project will comply with all interpretations of the ADA requirements and/or the requirements of other federal, state and local laws,rules,codes,ordinances and regulations as they apply to file Project. 12.4 IRS 179 DEDUCTION: In accordance with the Energy Tax Licentive Act of 20D5, 0mier hereby designates the Architect as its primary designer of the Project and allocates,to the extent permissible,any deduction applicable to the Project. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the O%Nmer and the Arcldtect and supersedes all prior negotialions,representations or agreements,either`written cr oral.This Agreement may be amended only by written instrument signed by both Owner and Architccl. § 13.2 This Agreenent is comprised of the following doctnnents listed below: .1 AiA Document BI 017,11-2007,Standard Fonn Agreement Between Owner and Architect (Pareigraphs deleted) This Agreement colered into as ofthe day and year first~, itten above. N, OWNER A HITECT (Signature) (Signature) Russell Moorhead, AiA Principal (Printed manna and title) (Printe(i name and Bile) AIA Document 8101 TM—2007 rrforrnerty 9161 TM—1991).Copyright 1974,1979,1967,1997 and 2047 by The American tristituto ofArchltecia.WI rights InIL reserved.WARNING:This AIA! Document f►protected by U.S.Copyright Law and Intemailonal Troatles.Unauthorisod reproduction or distrihullon of 17 lnls AIAa Document,or any portion of R,may result in severe dvil and criminal penalties,and will be prosecuted to the maaln,um•alent possible under f the law.This document was produced by AiA software at 16:22:39 on 01103!2012 under Order No,7095992815_1 ivhiah expires on 0 1/23120 1 2,and Is not for resale, User Notes: (1 50 7 9 980 7 8) AGENDA REPORT FOR: City Counci January 17, 2012 TO: Gary Crutchfiel , it anager Workshop Mtg.: 1/23112 Regular Mtg.: 2!6!12 FROM: Rick Terwa t. irector Administrative and Con? unity Services Department SUBJECT: Chiawana Park Restroom and Playground Replacement 1. REF'ERENC E(S): A. Vicinity Map II. ACTION REQUESTED OF COUNCIL 1/23: Discussion 216: MOTION: I move to approve the purchase of a Restroom Building and Play Structure from the State's Bid List, plus the necessary cost of installation, the total not to exceed the budgeted amount of$210,000. III. FISCAL IMPACT Park Impact fees $173,000 and General Fund $37,000 IV. HISTORY AND FACTS BRIEF: A. Since 2008 the city has been working with the Corp of Engineers to replace the restroom and playground located at the east end of Chiawana Park. The city removed the old restroom in the fall of 2010 prior to the building becoming a historical structure and subject to further review by the State Historical Preservation Office. In late August of 2011 the city finally received approval from the Corp to proceed with the project. B. Part of the approval was that the trench to supply the power, water and sewer to the building had to be monitored by the Corp of Engineers archeologist. Due to budget issues with the Corp, they requested the city complete the trenching as soon as possible. The city moved forward with the trenching when the park closed in October of 2011 to comply with the Corp's request. V. DISCUSSION C. Staff is now ready to purchase the pre-fabricated restroom building in the amount of $88,455. Staff will also purchase a play structure to replace the old equipment for approximately $68,000. Both items are on the State's Bid List and can be purchased without going through a separate bidding process. Other costs include permit fees, trenching, PUD charges for power supply and some additional excavation work required to install a sewer lift station. (estimated costs for installation $3,500) D. Staff requests approval for completion of this project, as part of the 2012 Capital Improvement Plan. 10(c) CHIAWANA PARK RESTROOM PROJECT Its K• :I:.S•SI r, i �)41s��t �1r�, � _�'' F'•' � rt `r�'['��_~_F•�^- .. � , vCaG..'lT%N. Rt -..�j�3_�"�_ '��`�,�.lr:t � �T � '':_ :?�7l"�e(��ri I� ✓t� . ..iL•i• �.• f :ti. .�� : '��w=l!-+- •yj,y. y^' •• �'t�! fit, s�• � { ,f 'M j •�}- __;` '.�.it fY�•�, ,•� lw- h � ti S � � �e.• �. N'P !`" ��.a, .. yea' :; ' " �~'��' •� ,r��y�l�. � •~�� Q�_ ry_ �t�2�����'� ..e P PIP �'siY f W�:' .'X''�.LT`I'�:�'r�i i?o't�+•_i•'t� f ° r�CCj�+�+�'ry�P-'` 17 y)�` _ ,' _� ,� _� '. �� 'M- f`,� _��{;f•� � � � Q 11- .TTii ,� _ �� j 7f'' �.�� ,� •�J , �,. '' ♦� !�{y '. r _r $J^'Sgi!rk! yyFy1�tP UP .► *e w3l SL ` - 'tom • f \ r` l; .f �!F - F�:}�7�+ ,; _TtI�IFS�t•'� - AGENDA REPORT No. 1 FOR: City Council -) January 18, 2012 TO: Gary Crutch i d anager IIf FROM: Ahmad Qayoum}, Public Works Director Workshop Mtg.: 1/23/12 Regular Mtg.: 2/06/12 SUBJECT: Commercial and Kahlotus Highway Lift Station I. REFERENCE(S): 1. Map 2. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/23: Discussion 2/06: MOTION: I trove to approve the Professional Services Agreement with CH2MHILL authorizing professional services with respect to the Commercial and Kahlotus Highway Lift Station, not to exceed $125,897 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Sewer Fund Bonds IV. HISTORY AND FACTS BRIEF: A) The City's Comprehensive Sewer Plan includes the UGA north and east of SRI 2, principally an industrial area. The sewer system presently ends at SR12, but a crossing is in place to accommodate the extension east of SRI 2. Due to topography and existing sewer elevations, a lift station is required to facilitate sewer services east of SRI 2. B) On September 26, 2011, the City was awarded a grant in the amount of$75,000 by the HAEIFC (Hanford Area Economic Investment Fund Committee) for construction of the proposed sewer lift station. The proposed lift station will provide sewer services for approximately 4,000 acres of future industrial developments and food processors east of US Highway 12. Approximately 2,500 acres will be outside of the current UGA area. C) The CIP includes this project for 2012 and the funds are available from the 2010 Utility Revenue Bond. V. DISCUSSION: A) The intended project will include not only the lift station but 5,300 linear feet of gravity sewer. The gravity sewer will be able to serve Freeze Pak, BPA and a number of other industrial areas. B) On December 23, 2011, the City sent a request for proposals (RFP) to eight consulting firms. We received proposals from five. After review of the proposals by our review team, four of the firms were selected for interviews, from which the review team selected CH2MHILi, for the project. 1o(a) Commercial Ave & Kahlotus Hwy Lift Station w � S ' �'�s- •�•J yr. ��C I •�h ILe r•ti`�wa�i. Y'�M ti1•a.L:�,�r•.r� �jr f? �J � _ �r�J �'}�fas'� 1'{,-��y��rV:;t��'[S''�>f.-r-�• '�'- ' h/ 1 � • w -�• -�. . �� - :�: � f PROJECT SITE I ki P �Il• R.j �TMI.;�1� i l.�n{n�.r..:l����� .iJ�t4••+tY'+4-•' '' - _ w _. � - , +.i;� .""�'•�rAi` Tt;-4p�� 'ti U:�?..i f� r 'i ��-r1� ee. � ti �1 y ...:�i..� � ' if I!ti�i." ,*- tl- �y:.: 7� _�'��1_7��. ►,.,�+e'y���'�F•-.�Q"�{'l�I�,;,, rte' +,z.R'•' - J.. `ter � �- y''-,� f+ri�l ��I°?rl"� '-�.��;wp l,'Y"-.a.---��� ' Ji`�a '.- `� � •�::+_ `w. .wTJ-j- ?I . •� - 4',11. f.♦' �• _ F[ i'} ''' [;,l�J`';, .i�i{ � "�i •.f _TI �"� ��_ � '�'..' �;�', •,�1, -� _CELL _ � .+j� r ' Wti:+ r [• •' :Jf mss;_ •w ia:-.i.�..�a'r.; •�..•�,11-�_ a> I rr si .. 11 y :..a,' '-�.: '�jy`,�" :lsa) aJii 4rj i��i"d."r�-,'�2''}•t{. ._`'^^ _ � i�rh:�ti�r•� {t -' •rte, 1`.'a._ - _ ^_ �.- - � G°`. EAST SERVICE AREA IN OPTION ALFA T, RMM OPTION SE1fS6 WITCUnR " {} R c L+.•w a w ►t<n ac' Bl(IMG S9M IWN SB U LIFT STATION EM TREATY NT w�' r� 1�-( PLAM •- CITY IIliil3 r • BOMAlIY lf 'r R .r * •-� PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and CH2M HILL ENGINEERS, INC. hereinafter referred to as the "Consultant" WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to the Commercial and Kahlotus Highway Lift Station, and Consultant has demonstrated that it is highly qualified to perform these services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Attachment A. 2. Ownership and use of documents. A. The parties acknowledge that this Agreement shall be governed by RCW Chapter 42.56 and any other State or Federal law relating to confidentiality, intellectual properties, and public disclosure. The parties shall make a good faith effort to comply with such laws, and to the fullest extent allowed by law, comply with the provisions of this section. B. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered shall not be considered public records, provided, however, that: (1) All final reports, presentations and testimony prepared by Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. (2) The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of Consultant, copy any work product. (3) In the event that Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by Consultant. If the Agreement is terminated Professional Services Agreement—CH2MHILL- COMMERCIALIKAHLOTUS through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed under this Agreement for a minimum period of three (3) years after completion of the work. This provision shall survive termination of this Agreement. (5) Consultant shall respond to requests by the City for records within five (5) business days by either providing the records, or by identifying in writing that additional time is necessary to provide the records with a description of the reasons why additional time is needed. Records shall be provided to the City within twenty (20) days of the date of the request. Provisions of Section 5 in this Agreement shall specifically apply to any claim arising out of Consultant's failure to properly maintain or timely produce records as described herein and as otherwise required by law. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a lump sum basis as set forth on the fee schedule found in Attachment A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $125,897, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and before April 30, 2012. 5. Hold harmless agreement. In performing the work under this Agreement, the Consultant agrees to indemnify the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, including attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including Professional Services Agreement—CH2N[MLL- COM-MERC1AL/KAHLOTUS death, to the proportionate extent caused by the negligence or willful misconduct of Consultant, its employees or subcontractors. City agrees to indemnify Consultant from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of the City, its employees or contractors. b. General and professional liability insurance. Consultant shall secure and maintain in full force and effect during the performance of all work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per occurrence and $2,000,000 aggregate for property damage; errors and omissions insurance in the amount of$1,000,000; and automobile insurance as required by law. Each such insurance policy shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policies, except upon thirty (30) days written notice to the City. The City shall be named as a certificate holder on each insurance policy. Certificates of coverage shall be delivered to the City within. fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shalI be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this Agreement. Consultant shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment benefits. Consultant shall comply with all State and Federal laws including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195. 9. Cite approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. 10, Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Professional Services Agreement—CH2MHILL- COMMERCIAL/KAHLOTUS 11. Integration. The Agreement between the parties shall consist of this document and any schedules or exhibits listed in this agreement and attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties, In the event of any conflict between this written Agreement and any provision of Attachment A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non nable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against continent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona tide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,or contingent fee. 15. Standard of Care. The standard of care applicable to Consultant's services will be the degree of skill and diligence normally employed by professional engineers performing the same or similar services at the time Consultant's services are performed. Consultant will re-perform any services not meeting this standard without additional compensation. lb. City Furnished Data. City will provide Consultant all data in City's possession relating to Consultant's services under this Agreement. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. 17. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and cost. In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 18. Notices. Notices to the City of Pasco shall be sent to the following address: Professional Services Agreement—CH2MHILL- COMMERCIAL/KAHLOTUS City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: CH2M HILL ENGINEERS, INC. Thomas J. Helgesen,P.E. 295 Bradley Blvd., Suite 300 Richland, WA 99352 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: CH2M HILL ENGINEERS, INC. By: By: Matt Watkins, Mayor Thomas J. Helgeson, P.E., Vice President ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement—CH2MHILL- COMMERCIAL/KAHLOTUS ATTACHMENT A SCOPE OF WORK CHMlVIHIL.L East Service Area Sanitary Sewer Improvements Background The City of Pasco (CITY) wishes to provide sanitary sewer service to an area in the general vicinity of US Highway 12 and the Pasco-Kahlotus Road. This area serves light industrial uses (predominantly food processing) and CITY desires to expand its service area in the future to include additional like development in the future. Specifically, CITY selected CH21VI HILL ENGINEERS, INC. (CONSULTANT) to provide the design for the following infrastructure elements needed to support this future development: • Approximately 5,000 If of gravity sanitary sewer, including manholes and appurtenances • A sanitary sewer lift station sized to receive the flows from the "sewer basin" to be defined as part of this project as well as an adjacent area to the northwest of Pasco-Kahlotus Road • A force main to connect the new lift station to the existing pipes at the Commercial Avenue and US Highway 12 utility crossing General Assumptions and Considerations Our approach and level of effort is based on the following assumptions and considerations: 1. A U,S.Army Corps of Engineers (USACE)404 permit will not be required since there will not be any obstruction of U.S.waters or wetlands. 2. Construction Erosion and Sediment Control requirements will fall under the sole jurisdiction of the Washington Department of Ecology(WDOE)since the project falls outside the necessary Columbia River setback. 3. There will be no land use-based permitting review required by Franklin County per County's verbal disclosure to CONSULTANT. 4. It is CITY's intent that the western segment of the East Service Area collection system will be designed and constructed through a separate agreement with one or more developers. CONSULTANT shall include estimated flows from the contributing area in the design of the lift station and shall provide provisions for connection of the segment to the lift station. CONSULTANT shall rely on CITY to communicate relevant design information in the provision of lift station capacity and connectivity. 5. The Sheet List provided at the end of this Scope of Work represents the planned number of sheets included in the design package. 6. In soils,foundation,groundwater,and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost and/or execution.These conditions and cost/execution effects are not the responsibility of the CONSULTANT. 7. Any cost opinions or Project economic evaluations provided by CONSULTANT will be on a basis of experience and judgment, but, since CONSULTANT has no control over market conditions or bidding procedures, CONSULTANT cannot warrant that bids, ultimate construction cost, or project economics will not vary from these opinions. 8. Project surveying will be performed separately by CITY or their contractor, Survey information will be provided to CONSULTANT, EAST SERVICE AREA SANITARY SEWER IMPROVEMENTS 9. Geotechnical field investigation and lab analysis will be provided by CITY or their contractor based upon CONSULTANT's field investigation plan. Geotechnical engineering evaluation will be performed by CONSULTANT. Scope of Work The following Tasks describe the work to be performed under this Agreement.Changes to the work effort described shall be mutually agreed to in advance of any work and may result in changes to the schedule or fee and may require an amendment to the Agreement. Task 1 — Project Management Under this task,the following general project management activities will be provided: • Prepare, implement, monitor, and update the project schedule and work plan. • Conduct regular project discussions with the City's project team (engineering and operations).These are separate from scheduled design review meetings and will be held by telephone. • Prepare and submit invoices to the City on a monthly basis.The invoice will include a brief status report outlining work accomplished during that invoice period. Deliverables: Monthly invoices with integrated status updates Perindic meeting summaries Task 2- Permitting Under this Task, CONSULTANT shall provide permitting services as described below. Subtask 2.1: Preparation and Facilitation in obtaining WDOE Permits CONSULTANT will prepare and submit the necessary Washington Department of Ecology(WDOE) permits. Water Quality Permit WDOE will be reviewing the lift station and force main design and specifications for the project prior to approval for construction.The sanitary sewer main does not require a separate permit so long as its design and specification follow what is identified in the approved City's General Sewer Plan. CONSULTANT will submit a "Permit Set" to the WDOE at the 60 percent submittal stage. It is anticipated that WDOE will review the permit application for a period of up to 30 calendar days. CONSULTANT will participate in two meetings with WDOE for this permit application and review. Notice of intent Acceptance A Notice of Intent(NOI) will need to be filed with the WDOE. CONSULTANT, on behalf of CITY, will file for the NOI during the Preliminary Design phase. It is intended that the N01 will then be transferred from CITY to the contractor awarded the construction project. Deliverables: Department of Ecology Water Quality Permit Application with 60%drawings Department of Ecology N01 Filing Meeting summaries Subtask 2.2: Franklin County Road Crossing The design shall locate the crossing sufficiently far away from the WSDOT Limited Access Area for the US Highway 12/Kahlotus-Pasco Road interchange so that jurisdiction lies with Franklin County. Given the design and utilization of Commercial Avenue, a reasonable and accessible detour route is assumed to be readily available. CITY prefers that the crossing of Pasco-Kahlotus Road be accomplished using an open cut and the Franklin County Public Works Department has indicated this approach is acceptable for this project. CONSULTANT will meet with Franklin County Public Works twice during the design phase to facilitate the eventual application for Permission to Construct by the contractor. Deliverables: Meeting summaries EAST SERVICE AREA SANITARY SEWER IMPROVEMENTS Task 3 -- 30 Percent Design Development and Coordination with the City Under this Task,CONSULTANT will prepare the design criteria and 30%design for the project. Specific activities are described below. Subtask 3.1: Compile and Review Existing Data CONSULTANT will review existing data available provided by CITY pertaining to the topography, existing underground utilities, ownership boundaries, and any other information that could influence the proposed project's design and development. At this time, a determination of whether any additional field work, as discussed in Subtask 3.2,will be made. Deliverables: Data request Compiled data memorandum Subtask 3.2: Perform Geotechnical Exploration and Analysis Exploration of subsurface conditions is necessary to reduce the risk associated with excavating pipe trenches and the wetwell in unverified or under-documented conditions. CONSULTANT will develop a plan for field borings to be performed by a drilling contractor. CONSULTANT will be on site observing the drilling operations and preparing logs for subsequent engineering evaluation.Two days of field work are assumed to perform the required borings. Both the drilling contractor and analytical laboratory will be hired directly by CITY. Deliverables: Boring plan Geotechnical drilling and testing summary. Draft geotechnical recommendations Subtask 3.3: Establish Criteria for the Project's Design CONSULTANT will develop the project's design criteria including identifying existing and projected sewage sources, applicable density criteria, peaking factors,and operation constraints from upstream and downstream sanitary sewer elements. The east service area is expected to be light industrial development, likely to be dominated by food processing facilities. The design criteria will consider the nature and timing of food processing wastes in order to develop the most meaningful flow criteria. Deliverables: Aerial depiction of the usage areas Design criteria memorandum Subtask 3.4: Project Chartering and Design Criteria Confirmation Meeting CONSULTANT shall facilitate a meeting with appropriate CITY staff to establish/confirm basic functional parameters for the project team. Specific understandings and procedures will be developed for communication, escalation of issues, change management provisions, and confirmation of the overall project schedule. During this meeting,the design criteria developed in Subtask 3.3 will be reviewed and confirmed. This meeting will occur at a location to be determined in the immediate area of the City (i.e., in the Tri-City area) and CONSULTANT will be responsible for coordinating. Deliverobles: Meeting Notice/Agenda Meeting Summary Confirmed Design Criteria Memo Subtask 3.4: Assess Property Acquisition Needs CONSULTANT will review existing easements for the project site with the intent to confirm that additional property acquisition will not be necessary. As part of the 30%design, the lift station footprint and the pipe alignment will be confirmed. Should property acquisition services be required, CONSULTANT and CITY will mutually agree to the level of effort as well as potential additional fee. Deliverables: Summary memorandum as to potential property issues EAST SERVICE AREA SANITARY SEWER IMPROVEMENTS Subtask 3,5: 30 Percent Plan Set Development The overall and enlarged plans and profiles for the Sanitary Sewer Gravity Pipeline will be developed. CITY's standard lift station design will be integrated and modified to match project-specific design criteria.The 30 percent plan set will be inclusive of the sheets shown in the Sheet Listing excluding the electrical design sheets. The primary purpose of the 30 percent design is to detail the project layout and identify constraints or issues that need to be addressed before progressing into detailed design. The plan set will be submitted electronically to CITY and reviewed at a pre-scheduled team meeting. Deliverables: 30 Percent Plan Set Subtask 3.6: Develop Table of Contents for the Technical Specifications Based on the 30 percent design and our experience with similar projects, the table of contents for the technical specifications will be developed.The purpose of developing the table of contents at this stage is to: • Confirm the level of effort required to complete this component of the construction documents. • Initiate certain discussions with CITY at an early stage to identify lessons learned with other projects where information was missing or unclear in the technical specifications which resulted in the need for project change orders. The table of contents will be submitted electronically. Deliverables: Technical5pecifications Table of Contents Subtask 3.7: Develop a 30 Percent Cost Estimate CONSULTANT will utilize the CH2M HILL Parametric Estimating System (CPES), an internal cost estimating tool to develop a Class 3 cost estimate per the Association for the Advancement of Cost Engineering (AACE International). Class 3 estimates are generally prepared during the design development stage for budgeting construction costs and have accuracy ranges of+30 percent to -20 percent.The cost estimate will be submitted electronically, Deliverables: Class 3 Cost Estimate Subtask 3.8: 30 Percent Design Meeting CONSULTANT will meet with CITY to discuss and review the 30 percent documents. Meeting notes and action items will be submitted electronically following the meeting. It is assumed that two members of CONSULTANT's team will attend in person. Deliverables: Meeting Notes and Action Items Task 4 — 60 Percent Design Development and Coordination with the City Subtask 4.1: Develop 60 Percent Plans CONSULTANT will proceed with plan development to the 60 percent stage based on the direction determined during the 30 percent design meeting.The 60 percent plans will include the development of the electrical design sheets and will be submitted electronically. Deliverables: 60 Percent Plan Set Subtask 4.2: Develop 60 Percent Technical Specifications CONSULTANT will develop the specifications based on project requirements and conclusions of the 30 percent design meeting. The 60 percent technical specifications will be submitted electronically as independent documents, CITY input and decisions will be identified during the 60 percent design meeting. Deliverables: 60 Percent Technical Specifications Subtask 4.3: 60 Percent Design Meeting CONSULTANT will meet with CITY to discuss and review the 60 percent documents. Meeting notes and action items will be submitted electronically following the meeting. It is assumed that two members of CONSULTANT's team will attend in person. EAST SERVICE AREA SANITARY SEWER IMPROVEMENTS Deliverables: Meeting Notes and Action Items Task 5 — 90 Percent Design Development and Coordination with the City Subtask 5.1: Develop 90 Percent Plans and Specifications During this stage, drawings and technical specifications will be substantially complete and ready for final review by the project team. These drawings will be electronically submitted.After CITY's review of the 90 percent documents, CONSULTANT and CITY will meet to review any final comments that will be implemented in the construction ready documents. Subtask 5.2: Develop 90 Percent Cost Estimate CONSULTANT will produce a Class 1 (definitive) estimate per AACE International.The Class 1, prepared to estimate virtually construction ready documents, will have a+15 percent to -10 percent variance.The cost estimate will be submitted electronically. Deliverables:Class 1 Cost Estimate Subtask 5.3: 90 Percent Design Meeting CONSULTANT will meet with CITY to discuss and review the 90 percent documents. At this time,the bidding process will be planned and the responsibilities of team members'established. Meeting notes and action items will be submitted electronically following the meeting, It is assumed that two members of CONSULTANT's team will attend in person. Deliverables: Meeting Notes and Action Items Task 6 — Construction Ready Documents and Coordination Subtask 6.1: Develop Construction Ready Plans and Specifications Construction-ready contract documents will be developed. CONSULTANT will deliver the construction-ready documents to the City but does not anticipate a formal meeting. Deliverables; two half size sets, two full size sets, and one CO set of Construction Ready Documents including the Design Technical Memorandum, Class I Estimate and all required calculations. Subtask 6.2: Update the 90 Percent Class 1 Cost Estimate CONSULTANT will make final adjustments to the 90 percent Level 1 cost estimate resulting from any final changes. if adjustments were made,the updated estimate will be submitted electronically, Task 7 — Bidding Assistance Subtask 7.1: Bidding Assistance CONSULTANT will assist in the bidding process by providing the following services: • Participate in a pre-bid meeting organized and run by CITY. One CONSULTANT staff will attend. • Prepare responses to Bidders' questions during the document review period leading up to the submittal of bids • Prepare a summary tabulation of bidders' responses and recommendation of award. Deliverobles: Meeting summaries Responses to Bidder questions Memorandum summarizing bids and recommendation of award Task 8 — Construction Phase Services CONSULTANT is available to provide Services During Construction to include review of submittals, clarifications of design intent, and similar assistance. EAST SERVICE AREA SANITARY SEWER IMPROVEMENTS The level of effort associated with these services will be defined at a later time and no budget for this task is provided in this Scope of Work.The level of effort and associated fees will be mutually agreed to by CITY and CONSULTANT and will be documented via amendment to this Agreement. Sheet Index The following sheets will be provided for this project. Preliminary Sheet List G-1 Location Map,Vicinity Map,and Index to Drawings G-2 General Notes,Legend, Symbols and Abbreviations G-3 Structural and Mechanical Notes G-4 Electrical Notes and Symbols C-1 Overall Site Plan C-2 Gravity Sewer Plan and Profile STA 00+00TO 12+00 C-3 Gravity Sewer Plan and Profile STA 12+00 TO 24+00 C-4 Gravity Sewer Plan and Profile STA 24+00 TO 36+00 C-S Gravity Sewer Plan and Profile STA 36+00 TO 48+00 C-6 Gravity Sewer Plan and Profile STA 48+00 TO 54+00 and Force Main Plan and Profile STA 00+00 TO XX+XX C-7 Lift Station Enlarged Plan C-8 Wetwell Section&Details GC-1 General Civil Details 1 GC-2 General Civil Details 2 GS-1 General Structural Details 1 GM-1 General Mechanical Details E-1 Lift Station One-Line Diagram and Schedules E-2 Electrical Plan Sheet E-3 Control Diagram E-4 P&ID GE-1 Electrical Details EAST SERVICE AREA SANITARY SEWER IMPROVEMENTS Compensation Compensation for the services described in this document shall be on a Time & Materials basis with a total fee not to exceed $125,897(One Hundred Twenty Five Eight Hundred Ninety Seven Dollars) without written amendment mutually agreed to by CONSULTANT and CITY. The total fee is broken down by Task as follows.Amounts not used to complete a Task may be reassigned to another Task without requiring a formal amendment, but such a reassignment requires approval by CITY Project Manager. Fee Budget by Task Task 1 Project Management $11,801 Task 2 Permitting $4,071 Task 3 30%Design Stage $32,740 Task 4 60%Design Stage $28,788 Task 5 90%Design Stage $33,393 Task 6 100%Design Stage $15,104 Total Fee $125,897 AGENDA REPORT NO. 1 n FOR: City Council i January 30, 2012 TO: Gary Crutchfield; Manager FROM: Ahmad Qayounii, Public Works Director Regular Mtg.: 2/6/2012 SUBJECT: Award 2012 Crack Sealing, Project No. M3-OV-3R-12-01 I. REFERENCE(S): 1 . Bid Summary 2, Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02/06: MOTION: 1 move to award the low bid for 2012 Crack Sealing, Project No. M3-OV-3R-12-01 to Construction Ahead (dba Pavement Surface Control), in the amount of $185,247.76, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Overlay Fund IV. HISTORY AND FACTS BRIEF: A) This project involves the cleaning, sterilizing, and applying sealant to pavement cracks in several areas of Pasco. This process will extend the life of the driving surface and prepares the streets for future overlays. B) The project was bid with a base bid and ten (10) alternates. This was done to allow the City the flexibility to award the base bid with any or none of the alternates. C) Staff recommends award of the base bid and eight (8) of the alternates. The attached vicinity map shows the base bid area and all ten (10) alternates. The eight (8) alternates chosen to be awarded are highlighted. The two areas not selected were determined based on the cost of the area compared to the length of street and the overall cost of the project. V. DISCUSSION: A) On January 27, 2012 staff received two (2) bids for 2012 Crack Sealing, Project No. M3-OV-3R-12-01. The low bid was received from Construction Ahead (dba Pavement Surface Control) in the amount of $185,247.76. The second lowest bid received was in the amount of$272,891.08. The Engineer's Estimate for the project is $210,000. Staff recommends award of this contract to Construction Ahead (dba Pavement Surface Control). 10(e) City of Pasco 2012 Crack Sealing Project No. M3-OV-3R-12-01 January 27, 2012 BID SUMMARY Total Engineer's Estimate $210,000.00 1. Construction Ahead (dba Pavement Surface Control) $1855247.76 2. Stripe Rite $272,891.08 CITE' OF PASCO 2012 CRACK SEAL PROJECT r�-----_ ----�� _ - = _-? i_ _ _ t Area ' 1� - - - _ —E — Area 9 rr j � t, `J f Area 2 I f f l ! r ! �\ `t "- t ! 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