Loading...
HomeMy WebLinkAbout2008.02.19 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 19, 2008 Please note that our Council Meeting will take place on Tuesday,February 19 as City Hall will be closed Monday, February 18 in honor of Presidents' Day, 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 Councilznembers 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 February 4,2008. (b) Sills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $73,319.04 ($73,319.04 consisting of Claim Warrants numbered. 164379 through 164399). (2007 Expenses) 2. To approve General Claims in the amount of$831,109.96 ($98,447.54 in the fonn of Wire Transfer Nos. 4906 and 4909; $51,148.36 consisting of Claim Warrants numbered 164375 through 164378; and., $681,514.06 consisting of Claim Warrants numbered 164400 through 164631). (2008 Expenses) 3. 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$185,435.43 and, of that amount, authorize $138,782.92 be turned over for collection. (c) 2008 .Interlocal Agreement for Correctional Facilities Use: 1. Agenda Report from Denis Austin, Chief of Police dated February 14, 2008. 2. Proposed Agreement (Council packets only; copy available in the Police Department, the Pasco Library or on the city's website at www.12asco-wa.gov for public review). To approve the 2008 Interlocal Agreement with Franklin County for Correctional Facilities Use and, further.,authorize the Mayor to sign the agreement. (d) Amendment to Lease for Pasco Boat Basin,Levee 1.2-1 with Corps of Engineers: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 26,2008. 2. Proposed Amendment to Lease. 3. Amendment Transmittal Letter. To approve Amendment No. 2, Department of the Army Lease for recreation purposes for the Pasco Boat Basin and Levee 12-1 and, further,to authorize the Mayor to sign the amendment. (e) Juvenile Detention Contract: 1. Agenda Report from Gary Crutchfield,City Manager dated February 6,2008. 2. Proposed Contract. To approve the contract with the Benton-Franklin Counties Juvenile Justice Center for juvenile detention services and, further, authorize the City Manager to sign the agreement. (f) Resolution No. 3068, a Resolution rescinding the February 2007 Real Estate Agreement with Michael and Susan Davidson. 1. Agenda Report from Gary Crutchfield,City Manager dated February 7, 2008, 2. Proposed Rescission of Real Estate Purchase and Sale Agreement. 3. Resolution. To approve Resolution No. 3068, rescinding the February 2007 Real Estate Agreement with Michael and Susan Davidson. txc} MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 February 19, 2008 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: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (None) 9. UNFINISHED BUSINESS: (a) Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07- 2-05: 1. Agenda Report from Michael McShane,City Engineer dated February 15, 2008. 2. Vicinity Map. 3. Bid Summary. 4. Letter from Bronson Brown,Kerr Law Group, dated 2/15/08. 5. Letter from T. Krutsch,CH2MHill, dated 1/25/08. 6. Letter from G. Bestebreur,Poland &Sons,Inc., dated 1/28/08. 7. Letter from G. Bestebreur,Poland& Sons, Inc., dated 2/1/08. (Note: attachments 5, 6 & 7 are in Council packets only; copy available in City Engineer's office for public review.) (RQ MOTION: 1 move to award the low bid for the Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07-2-05 to Intermech/Thompson in the amount of $396,506.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. 10. NEW BUSINESS: *(a) Road 84/Argent.Server and Water Improvements,Project No.07-1-06: 1. Agenda Report from Michael McShane,City Engineer dated February 13,2008. 2. Bid Summary. 3. Vicinity Map. SRC} MOTION: I move to award the low bid for the Road 84/Argent Sewer and Water Improvements, Project No. 07-1-06 to R.otschy, Inc. in the amount of$715,279.68 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(b) 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02: 1. Agenda Report from Michael McShane,City Engineer dated February 13,2008. 2. Bid Summary. 3. Vicinity Map. (RQ MOTION: I move to award the low bid for the 2008 WWTP Expansion (Solids Thickening Facilities) Project No. 08-1-02 to Fowler General Construction in the amount of$1,459,727.00 plus applicable sales tax and,further, authorize the Mayor to sign the contract documents. *(c) Baseball Stadium Seating Improvements: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated February 14, 2008. 2. Bid Summary. (RQ MOTION: I move to award the bid for the Baseball Stadium Seating Improvements to Nor-Pac Seating Co.,Inc., in the amount of$94,910.00 plus applicable Washington State sales tax, for the Base Bid and Alternate No. 1 and, further, authorize the Mayor to sign the construction contract. Regular Meeting 3 February 1.9,2008 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call.Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Tuesday, February 19, Conference Room #1 —LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 5:30 p.m., Wednesday, February 20, Roy's Smorgy—Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association.Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY, Alt.) 3. 12:00 p.m., Thursday, February 21, 720 W. Lewis Street—Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.; MATT WATKINS,Alt.) 4. 4:00 p.m., Thursday,February 21, 3416 Stearman Avenue-•Solid Waste Advisory Committee.Meeting. (COUNCILMEMBER MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS, Alts.) 5. 7:00 p.m., Thursday,February 21, Pasco Senior Center, 1315 N. 7"' Street--Community Forum. MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 4, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Michael McShane, City Engineer; Capt. Mike Aldridge, Police Department; Jeff Adams, Associate Planner; Reuel Klempel, Plant Division Manager and Jess Greenough, Field Division Manager. The meeting was opened with.the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 22, 2008. (b) Bills and Communications: To approve General Claims in the amount of$194,044.19 ($].94,044.19 consisting of Claim Warrants numbered 164142 through 164202). (2007 Expenses) To approve General Claims in the amount of$837,004.81 ($136,691.71 in the form of Wire Transfer Nos. 4895 and 4898; $112,313.39 consisting of Claim Warrants numbered 164136 through 164141; and, $587,999.71 consisting of Claim Warrants numbered 164203 through 164374). (2008 Expenses) To approve Payroll Claims in the amount of$1,589,598.49, Voucher Nos. 37449 through 37540; and EFT Deposit Nos. 30020862 through 30021342. (c) Resolution No. 3063, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Chestnut Street and "C" Street. To approve Resolution No. 3063, fixing 7:00 p.m., March 3, 2008 as the time and date for a public hearing to consider the proposed vacation. (d) Resolution No. 3064, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of the utility easement located south of and parallel to the Tri-Cities Prep School building. To approve Resolution No. 3064, fixing 7:00 p.m., March 3, 2008 as the time and date for a public hearing to consider the proposed vacation. (e) Resolution No. 3065, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of the alley located in Block S, Long's First Addition. To approve Resolution No. 3065, fixing 7:00 p.m., March 3, 2008 as the time and date for a public hearing to consider the proposed vacation. (f) Resolution No. 3066, a Resolution accepting work by Siefken & Sons Construction, Inc., under contract for Softball Complex Storage Facility Project. To approve Resolution No. 3066, accepting the work performed by Siefken & Sons Construction, Inc., under contract for the Softball Complex Storage Facilities Project. 3(a)A MINUTES REGULAR MEETI]IG PASCO CITY COUNCIL FEBRUARY 4, 2008 MOTION: Mr. Watkins 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. Watkins reported that he, Ms. Francik and Messrs. Yenney and Larsen attended the annual. A.WC Conference in Olympia. Mr. Garrison attended the TC Visitor& Convention Bureau board meeting, TRIDEC board meeting and the Hanford Communities Governing board meeting. Mr. Yenney reported on the AWC Conference in Olympia. Mr. Larsen attended the Emergency Medical Services board meeting. Mayor Olson gave the State of Pasco address at the Tri-City Chamber of Commerce meeting and attended the Franklin County Emergency Management Council meeting. Mayor Olson reported the Mayor of Walla Walla thanked her for Pasco's assistance with clean up after the January wind storm. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Resolution No. 3067, a Resolution accepting work performed by Transtate Paving Company under contract for the Burden Boulevard Widening, Project No. 05-3-06. MOTION: Mr. Watkins moved to approve Resolution No. 3067, accepting the work performed by Transtate Paving Company, under contract for the Burden Boulevard Widening, Project No. 05-3-06. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Water Sampling Station Installation, Project No. 07-2-05: Council and staff discussed the project. MOTION: Mr. Watkins moved to award the low bid for the Water Sampling Station Installation, Project No. 07-2-05 to Sharpe & Preszler Construction Company, Inc., in the amount of$43,505.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried unanimously. Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project No. 07-2-05: Mr. Crutchfield and Mr. Kerr updated Council on the status of the bid award, noting that the legal action initiated by the second-low bidder does not permit the Council to act on the bid award. MOTION: Mr. Watkins moved to table consideration of this bid award until the February 19t" regular meeting. Ms. Francik seconded. Motion carried unanimously. Special Permit: Placement of Wireless Communication Equipment at 6520 W. Court Street (Verizon Wireless) (MF#SP07-012): Council and staff discussed the proposed Special Permit recommendation. MOTION: Mr. Watkins moved to approve the special permit for the location of wireless communication equipment at 6520 West Court Street as recommended by the Plannin4 Commission. Mr. Garrison seconded. Motion carried 6-1. No—Larsen. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 4, 2008 MISCELLANEOUS DISCUSSION: Mr. Watkins recognized Pasco High School Students in the audience, working on earning Scouting badges. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:32 p.m. for approximately 30 minutes to consider acquisition of real estate and to discuss litigation or potential litigation with legal counsel. Mayor Olson called the meeting back to order at 8:03 p.m. ADJOURNMENT: There being no further business,the meeting was adjourned at 8:03 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 19`h day of February, 2008. 3 CITY OF PASCO Council Meeting of: February 19, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersi d,d re certify under penalty of perjury that the materials have been furnished,the services rende or a tabor pe rmed as described herein and that the claim is a just, due and unpaid obligation aga' t th city and that a are authorized to authenticate and certify to said clai ti Gary Crut field, City I Manag James W. ChaW, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Check No.s 164379 through 164399 are approved for payment in the amount of$73,319.04 on this 19th day of February,2008. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 0.00 Judicial 418.36 Executive (5.59) Police 1,007.94 Fire 5,759.00 Administration&Community Services 9,499.11 Community Development 45.21 Engineering 230.25 Non-Departmental 15,128.92 Library 0.00 TOTAL GENERAL FUND: 32,083.20 STREET 3,833.91 C. D. BLOCK GRANT 15,023.43 KING COMMUNITY CENTER 0.00 AMBULANCE SERVICE 672.00 CEMETERY 0.00 ATHLETIC PROGRAMS 0.00 SENIOR CENTER 10.01 MULTI MODAL FACILITY 0.00 RIVERSHORE TRAIL& MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 0.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 0.00 ME-FRO DRUG FORFEITURE FUND 20.80 GENERAL CONSTRUCTION 0.00 WATER/SEWER 20,035.69 EQUIPMENT RENTAL-OPERATING 1,590.00 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 50.00 CENTRAL STORES 0.00 FIRE PENSIONS 0.00 PAYROLL CLEARING 0.00 LID CONSTRUCTION 0.00 GRAND TOTAL ALL FUNDS: $ 73,319.04 2007 EXPENSES 3(b).1 CITY OF PASCO Council Meeting of: February 19, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the under ' ne , do he ify under penalty of perjury that the materials have been furnished,the services rende ed r the Eand 5t�h2alFie ed as described herein and that the claim is a just, due and unpaid obligation ag in the cit are au thorized to authenticate and certify to said cl ' �,,.. 4, Gary Crutc ield,lefty nager James W. C se, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4906 and 4909 in the amount of$98,447.54, have been authorized;that Check No.s 164375 through 164378 are approved for payment in the amount of$51,148.36; and Check No.s 164400 through 164631 are approved for payment in the amount of$681,514.06,for a combined total of$831,109.96 on this 19th day of February,2008. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,548.43 Judicial 12,545.09 Executive 7,322.31 Police 53,748.54 Fire 6,082.70 Administration&Community Services 93,519.97 Community Development 1,200.54 Engineering 2,289.15 Non-Departmental 75,625.95 Library 2,169.60 TOTAL GENERAL FUND: 256,052.28 STREET 54,910,59 C. D. BLOCK GRANT 8,355.45 KING COMMUNITY CENTER 3,317.74 AMBULANCE SERVICE 2,601.23 CEMETERY 2,979.78 ATHLETIC PROGRAMS 469.00 SENIOR CENTER 5,973.13 MULTI MODAL FACILITY 2,241.65 RIVERSHORE TRAIL&MARINA MAIN 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 713.50 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 0.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 13,807.44 METRO DRUG FORFEITURE FUND 178.96 GENERAL CONSTRUCTION 3,013.57 WATER/SEWER 134,840.05 EQUIPMENT RENTAL-OPERATING 37,765.36 TRI CITY ANIMAL CONTROL 714.11 MEDICAL/DENTAL INSURANCE 98,747.54 CENTRAL STORES 2,645,45 FIRE PENSIONS 1,015.81 PAYROLL CLEARING 34,071.70 LID CONSTRUCTION 166,695.62 GRAND TOTAL ALL FUNDS: $ 831,109.96 2008 EXPENSES 3(b).2 AGENDA REPORT FOR: City Council DATE: 2/13/08 TO: Gary Crutchf anager REGULAR: 2/19/08 Sta e 1 nis tive&Community Services Director FROM: JihLCha m 11 Manager SUBJECT: BAD D T WRITE-OFF'S/COLLECTION. I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. 1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move 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 $185,435.43 and, of that amount, authorize $138,782.92 be turned over for collection. Ill. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 6,141.70 6,141.70 Ambulance $ 46,652.51 15,728.22 62,380.73 Court A/R $ .00 116,150.00 116,150.00 Liens $ .00 710.00 710.00 Cemetery $ .00 .00 .00 General $ .00 53.00 53.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 46,652.51 138,782.92 185,435.43 IV, ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).3 AGENDA REPORT For City Council February 14, 2008 To Gary Crutchfi Manager Regular Mtg.: 2/19/08 From Denis Austin, hief of Police Subject 2008 Interlocal Agreement for Correctional Facilities Use I. REFERENCES: A) Proposed Agreement (Council packets only; copy available in the Police Department, the Pasco Library or on the city's website at www.pasco-wa.gov for public review). II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/19 MOTION: I move to approve the 2008 Interlocal Agreement with Franklin County for Correctional Facilities Use and, further, authorize the Mayor to sign the agreement. ITI. FISCAL IMPACT: $1,752,009 IV HISTORY AND FACTS BRIEF: A) The City's 2008 Interlocal Agreement for Correctional Facilities Use is similar to the 2007 contract. The attached tentative agreement represents a consensus of the parties who have Worked to develop it. This is the tenth year we have used the formula set forth in the agreement with Franklin County for housing City prisoners in the Franklin County Correctional Facility. B) This agreement provides for an adjusted formula for computing prisoner-lodging costs. This formula assures that the City and Franklin County pay the same cost per prisoner day for housing prisoners. At the same time, it provides a method of adjustment for what has been a disproportionate share of overall bookings by the City in comparison to its percentage of prisoners housed in the Franklin County Corrections Facility. Under the terms of the proposed Interlocal Agreement, the City will initially pay to the County an estimated prisoner lodging cost. The cost is based on the City's last completed year of lodging prisoners at the jail. It is paid to the County in 12 equal monthly payments. At the completion of the year, the actual prisoner lodging and booking numbers are used to reconcile the payment amount. The County credits overpayments to the City; underpayments are paid to the County within a specified period of time. V. DISCUSSION: A) The 2008 jail budget is $3,323,659 compared to the 2007 jail budget of$3,014,196. The $309,463 increase in the 2008 jail budget is due to increases in wages ($124,066), benefits ($58,343), supplies ($12,800), other services and charges ($39,318), maintenance charges ($8,242), corrections food service costs ($14,011), the Franklin County Auditor's Office budget specifically identified as a jail. expense ($25,235), the Franklin County Tnformation Services Budget specifically identified as a jail expense ($7,700), and the Franklin county Civil Service Budget specifically identified as a jail expense($3,400). B) Pasco's estimated cost for jail services in 2008 is $1,752,009. The estimated cost is paid monthly in the amount of$146,001. C) At the current population level of 194 prisoners per day average, the city's estimated cost for housing prisoners is $46.86 per day. The rate paid by Pasco is much lower than what other cities throughout the state pay to house prisoners. The final cost for housing prisoners is determined by the reconciliation process. VI. OTHER COMMENTS: The Interlocal Agreement for Correctional Facility Use has been written so that it may be renewed from year to year and provides an arbitration process if a dispute over compensation occurs. 3(e) 2008 CITY OF PASCO - FRANKLIN COUNTY CORRECTIONAL FACILITIES USE AGREEMENT This agreement is made and entered into this day of 2007 by and between Franklin County, a political subdivision of the State of Washington (hereinafter "County") and the City of Pasco, Washington, a municipal corporation (hereinafter"City"). For and in consideration of the considerations, covenants and agreement contained herein the parties agree as follows: I. PURPOSE The City, desiring to utilize Franklin County Correctional Facilities (hereinafter "Jail") and its personnel and services maintained by the County for the incarceration of City prisoners, in accordance with the Interlocal Cooperation Act (RCW 39.34) and the City and County Jails Act (RCW 70.48), hereby enters into an agreement with the County for use of jail and its personnel and services for confinement of City prisoners. It is the purpose of this agreement to provide for the joint use by the parties of the jail facilities and its personnel and services at the jail located at the Franklin County Correctional Facilities in the City of Pasco. II. DEFINITIONS A. "City Prisoner" shall mean a person who is booked into the jail pursuant to an arrest, in the City limits of Pasco, by a Pasco Police Officer, for the commission of a misdemeanor. B. "City Prisoner Day" shall mean any portion of a consecutive twenty-four hour period and shall include when a City prisoner is only booked and released, as calculated using the current I/LEADS methodology for counting jail days. C. "Average Daily Population" (ADP) is calculated by dividing the total number of prisoner days for all prisoners being held in the jail by the actual number of days in the year. D. "Total Prisoner Days" shall mean the total number of prisoner days for all prisoners housed at the Jail during a specified period of time without regard for the type of program they are being held under such as Trustee, work release, etc., the agency they are being held for, or the criminal charges they are being held on. E. "Jail Budget' for the purpose of this agreement shall not exceed $3,323,659 for the initial term of this agreement and shall only include the following expenses: 1. Budget accounting and reporting system (BARS) line items. a. Personnel and line items assigned to the 2008 Franklin County Corrections Budget#540: $3,024,060. b. Personnel and line items assigned to the 2008 Franklin County Jail Kitchen Budget#550: $263,264. Interlocal Agreement for Correctional Facilities Use-Page 1 2. That portion of the 2008 Franklin County Jail Support Services Budget: a. $25,235 (14.5%) of the Franklin County Auditor's Office Budget specifically identified as a jail expense. b. $7,700 of the Franklin County Information Services Budget specifically identified as a jail expense. c. $3,400 (48%) of the Franklin County Civil Service Budget that is specifically identified as a jail expense. F. "Intake Processing Cost" shall mean that portion of the jail expenditure budget attributable to the wages and benefits of those personnel assigned to the prisoner intake function. For year 2008 the intake processing cost will not exceed $278,100 and will increase in subsequent years only by actual increases to wages and benefits for the respective personnel through their collective bargaining agreement. III. AVAILABILITY OF JAIL FACILITIES The jail facilities and its personnel and services shall be available, on a space available basis, for confinement of City prisoners held upon arrest, awaiting trial, and serving sentences or jail terms. IV. COMPENSATION FROM CITY The City shall pay the County as total corpensation for its provision of jail facilities and personnel as specified herein: A. Jail Budget. The proposed jail budget for any renewal term of this agreement shall be established and provided to each agency housing prisoners at the jail by no later than third Monday in August of the current contract year. This will allow time for review and the filing of a request for binding arbitration (RCW 39.34) if compensation amount cannot be agreed on. B. Budget Approval. For the purposes of calculating prisoner day costs for the current calendar year, the total jail budget shall not exceed the budget approved by Franklin County Commissioners in December of the preceding year(December 2007 for 2008 Budget). C. Preliminary Estimation and Payment of Jail Costs. The City shall remit a monthly payment representing the City's estimated share of jail costs, determined as follows: 1. The estimated jail costs for the respective calendar year will be calculated by dividing the prospective jail budget (2008) by the total prisoner days recorded for the most recent complete calendar year (2006). The product of this process represents the daily prisoner lodging cost and will be multiplied by the total number of prisoner days charged to the City for the most recent complete calendar year (2006). This product will represent.the estimated annual prisoner lodging cost for the prospective year (2008). Interlocal Agreement for Correctional Facilities Use- Page 2 2. The prospective (2008) intake processing costs ($278,100) will be multiplied by the difference between the following percentages and the product will represent the estimated intake processing cost adjustment: a. City prisoner days as a percent of total prisoner days for the most recent complete calendar year(2006). b. Number of City bookings as a percent of total Jail bookings for the most recent complete calendar year(2006). 3. Not later than January Vt of prospective calendar year (2008), the estimated annual prisoner lodging cost and the estimated intake processing cost adjustment will be added and the sum divided by 12; the resulting figure will constitute the monthly estimated jail cost to be paid by the City not later than the last day of each month of the prospective calendar year. The Sheriff shall have the right to formally request reduced monthly payment amounts thus assuring against a large credit owing to the City during the Reconciliation Process outlined below. Jail Costs Estimation Formula Jail budget/total prisoner days from prior complete year= Prisoner day rate. Prisoner day rate X City's prisoner days = Estimated Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of booking cost to be paid for intake processing cost Prisoner lodging cost plus intake processing = Estimated annual City Jail cost Estimated annual City Jail cost/ 12 = Monthly payment of estimated City Jail cost D. Reconciliation Process. Not later than February 15t of each calendar year the actual prisoner days experienced in the preceding calendar year will be applied to the formula used for estimated jail cost (below), provided the total annual prisoner days attributed to the jail shall not be less than 38,326 (representing an average of 106 prisoners per day). The resulting annual cost will be compared to the estimated annual cost actually paid by the City. Any amount due the County by the City will be paid within 30 days of invoice to the City. Any amount due the City by the County will be credited in the March billing. 2008 Reconciliation Formula 2008 Jail budget($3,323,659)/total 2008 prisoner days = 2008 Prisoner day rate 2008 Prisoner day rate X City's 2008 prisoner days = Actual 2008 Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of$278,100 to be paid for intake processing cost 2008 Actual Prisoner lodging cost plus intake processing = 2008 Actual City Jail cost V. PAYMENT The City agrees to pay the County, by the 15t" of each calendar month, the amount pre- calculated using the formula outlined in Section IV.C, above. The County agrees to credit overpayments by the end of March of the following year(or in subsequent months) Interlocal Agreement for Correctional Facilities Use- Page 3 until total reimbursement has been completed. The City agrees to pay shortages, billed within 30 days of receipt of such billing. VI. MEDICAL COSTS AND TREATMENT A. The County shall have the right to refuse to accept a City prisoner who, at the time of delivery to the jail for confinement, is in need of medical attention until the City has made arrangements satisfactory to the County for such medical attention. B. The County will provide medical services for all prisoners within the jail in accordance with the provisions of WAC 289-20-120. C. In the event a prisoner requires medication or medical or dental treatment or care not available in the health care program within the jail, provided by the County, the City shall be responsible as follows: 1. With respect to City prisoners, the City will be responsible for all medication and all such medical or dental treatment or care to the extent such costs are not paid by the prisoner, insurance, public assistance or other sources. 2. With respect to those prisoners who are not City prisoners, as defined in Section II.A, but who are confined on the basis of charges initiated by City police officers, the City shall reimburse the County for the cost of medication and such medical or dental treatment or care provided to the prisoner prior to disposition of the charges by sentencing or otherwise to the extent that the cost is not paid by the prisoner, insurance, public assistance or other sources. D. The County agrees to use reasonable efforts to obtain reimbursement from the prisoner, insurance, public assistance or other sources, of such costs of medication, medical/dental treatment or care. The County shall, except in cases of emergency which prevent the County from obtaining City authorization, obtain advance authorization from the Chief of Police or his designee whenever a prisoner, for whom the costs of medication, medical/dental treatment or care is the responsibility of the City pursuant to this agreement requires such medication or medical or dental treatment or care. The City agrees to provide to the County, when requested, written verification of any authorization of, or refusal to authorize care or treatment for City prisoner. E. The County shall, subject to the City's authorization required by Section VI.D, have the authority to make arrangement for medication, medical/dental treatment or care not available in the health care program within the jail. F. It is agreed by the parties that the County shall have the authority to determine the existence of emergencies requiring medication, medical/dental treatment or care without the advance authorization from the City specified in Section VI.E. G. The County shall be responsible for all medical expenses due to injuries incurred during the course of a prisoner's incarceration caused by the negligent or intentional act of the County. Interlocal Agreement for Correctional Facilities Use- Page 4 VII. TRANSPORTATION OF PRISONERS The City shall be responsible for all transportation of City prisoners to and from Franklin County Correctional facilities, excepting to and from Pasco Municipal Court at the Public Safety Building and the Franklin County Correctional facilities. VIII. TRANSFER OF CUSTODY City police officers delivering persons to the jail for confinement shall provide the receiving officer of the jail with an arrest warrant, citation, court order, other documentation or a completed detention request form satisfactory to the receiving officer which indicates the legal basis for confinement of the person and in the absence of such documentation the receiving officer may refuse to accept the person for confinement. A. City police officers delivering persons to the jail for confinement shall remain in the immediate presence of such persons, shall be responsible for such person and shall be considered to have such person in their sole custody until the jail receiving officer has accepted documentation for such person's confinement and physical custody of that person and has indicated that the delivering officer may leave. At such time, and only at such time, will the County have assumed custody of and responsibility for the person to be confined. B. City prisoners shall be subject to all applicable rules, regulations and standards governing the operation and security of the jail. All City officers delivering persons to the County jail shall comply with those rules, regulations and standards. IX. ACCESS TO PRISONERS City police officers and investigators shall have the right to interview prisoners at any reasonable time within the jail. City police officers shall be afforded equal priority for use of jail interview rooms with other departments, including Franklin County Sheriffs Department. X. POSTING OF BAIL The County shall serve as agent for the City in receipt of bail bonds or moneys posted for City prisoners only during those hours the courthouse is closed for business. XI. WORK RELEASE In the event that it is desired that a City prisoner participate in the jail Work Release program, City prisoners shall be treated exactly as County prisoners and shall be entitled to participate in the Work Release program solely on a space available basis. XII. CITY PRISONER City Prisoner shall be released from the jail only: A. Upon the authorized, written request of the City police; or Interlocal Agreement for Correctional Facilities Use- Page 5 B. By order of the Court having jurisdiction of a City prisoner and the matter for which such prisoner being confined; or C. For appearance by the prisoner in the Court having jurisdiction of such prisoner; or D. In compliance with a valid Writ of Habeas Corpus; or E. For necessary medical or dental treatment or care not available within the jail; or F. When the prisoner has completed service of the sentence, the charge pending against the prisoner has been dismissed, or bail or other satisfactory recognizance has been posted, as required by the Court. XIII. RECORD KEEPING The County, based on consultation with the City's Chief of Police, agrees to maintain a system of record keeping relative to the booking and confinement of each City prisoner in such a style and manner as is equivalent to the County's records pertaining to its prisoners under the current IILEADS system. The County shall, within 5 days of the conclusion of each month during the term of this agreement, provide the City with copies of its reports including monthly total prisoner days and City prisoner days including year- to-date total prisoner days and City prisoner days. XIV. INDEMNIFICATION A. The City shall indemnify and hold harmless the County and its officers, agents and employees from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever resulting from, arising out of, or incident to any act or omission of the City, its officers, agents, or employees in the performance of this agreement or in arresting, detaining, charging, transporting, interrogating or otherwise dealing with persons either before or after presentation to and acceptance by the County for confinement in the Jail. In the event that any suit based upon such a claim, action, loss, cost, expense, or damage is brought against the County, the City shall defend the County at its sole cost and expense; provided that the County retains the right to participate in any such suit if any principle of governmental or public law is involved. If final judgment is entered against the County, or its officers, agents, or employees, the City shall satisfy the same in full. B. The County shall indemnify and hold harmless the City and its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, cost, expenses and damages of any nature whatsoever resulting from, arising out of or incident to, any act or omission of the County, its officers, agents or employees in the performance of this agreement or in confining persons who have been presented by the City to and accepted by the County for confinement in the jail while said persons are in the jail or in the custody of the.County outside the jail. In the event that any suit based on such a claim, action, loss, cost, expense, or damage is brought against the City, the County shall defend the City at its sole cost and expense; provided that the City retains the right to participate in such suit if any Interlocal Agreement for Correctional Facilities Use-Page 6 principle of governmental or public law is involved. If final judgment is rendered against the City, or its officers, agents, or employees, the County shall satisfy the same in full. XV. NON-DISCRIMINATION POLICY It is the policy of Franklin County that no person shall be subjected to discrimination in the County or by its subcontractors because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. The City shall execute in writing, an assurance that it will comply with the County's Non- discrimination Policy and provide a copy to the County upon execution of the agreement. XVI. AUTHORITY A. This agreement shall become effective upon the approval of the Franklin County Board of Commissioners and the City Council of the City of Pasco, Washington in a manner authorized by law. B. As provided in Section XVII below, the Jail shall be administered by the Franklin County Sheriff and no separate legal or administrative entity is created for the purposes of this agreement. For the purposes of RCW 39.34.030, the Franklin County Sheriff is designated as the administrator responsible for administering this cooperative undertaking. Unless otherwise specifically agreed in writing, any real or personal property acquired, held, or utilized by the parties hereto shall remain the property of the acquiring party subject to full rights of reassignment and disposal. C. Nothing in this agreement shall preclude the City from creating, maintaining, operating or utilizing its own holding and other facilities for City prisoners. XVII. ADMINISTRATION This agreement shall be administered by the Franklin County Sheriff. XVIII. REMEDIES No waiver of any right under this agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to, or waiver of, any continuation of nonperformance or any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. XIX. DURATION The term of this agreement shall commence on January 1, 2008 and terminate at midnight, December 31, 2008 (hereinafter referred to as the original term). This agreement shall be automatically renewed for successive one (1) year terms (hereinafter referred to as renewal terms) in accordance with the same terms and conditions as provided herein, however, either party may terminate this agreement at the conclusion of Interlocal Agreement for Correctional Facilities Use- Page 7 the original term or any renewal term by providing the other and the office of the Department of Corrections with written notice of its intent to terminate at least 90 days prior to the conclusion of that term as required by RCW 70.48.090(1). XX. MODIFICATION Final approval for all modifications to the interlocal agreement shall be by the mutual written consent of both parties. XXI. TERMINATION AS BY AGREEMENT In addition to the method of termination by non-renewals provided in Section XIX above, this agreement may be terminated at any time by written agreement of the parties thereto. XXII. DISPUTE RESOLUTION Should any dispute arise concerning the interpretation, enforcement, breach, or default of this agreement, (excluding compensation issues which will be handled as provided for by RCW 39.34) dispute resolution shall be by arbitration located in Pasco, Washington. Arbitration shall be conducted by a mutually agreed arbitrator, however, if the parties are unable to agree on an arbitrator, arbitration shall be by tri-partite arbitration with each party selecting an arbitrator, and the chosen arbitrators selecting the third arbitrator. Arbitration shall be conducted in conformity with the rules established by the American Arbitration Association. Interlocal Agreement for Correctional Facilities Use- Page 8 DATED this day of , 2007. City of Pasco: Franklin County: Joyce Olsen Neva J. Corkrum Mayor Commissioner ATTEST: Robert E. Koch Deputy City Clerk Commissioner APPROVED AS TO FORM: Leland B. Kerr Rick Miller City Attorney Commissioner Richard Lathim Franklin Coun Sheriff APPROVED AS TO FORM: Rya erh Ip Chief Civil Deputy Prosecuting Attorney Interlocal Agreement for Correctional Facilities Use - Page 9 AGENDA REPORT FOR: City Council January 26, 2008 TO: Gary Crutchfie Manager FROM: Stan Strebel, 1x ini trative and Community Workshop Mtg.: 2/11/08 _1J Services Direr Regular Mtg.: 2/19/08 SUBJECT: Amendment to Lease for Pasco Boat Basin, Levee 12-1 with Corps of Engineers I. REFERENCE(S): 1. Proposed Amendment to Lease 2. Amendment Transmittal Letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/11/08: Discussion 2/19/08: MOTION: I move to approve Amendment No. 2, Department of the Army Lease for Recreation Purposes for the Pasco Boat Basin and Levee 12-1 and further, to authorize the Mayor to sign the amendment. III. FISCAL IMPACT: Approval of the lease amendment clears the way for the City to construct Phase 2 of the Sacagawea Heritage Trail, a project funded under the City's CIP and by grants totaling $418,000 from the Washington Department of Transportation. The cost of the Lease Amendment is $5,000, which is the COE fee for engineering and construction inspection expenses. IV. HISTORY AND FACTS BRIEF: A) The City has been working for several years to secure grant funding and Corps of Engineers approval for the final trail link of the Heritage Trail. The proposed Phase 2 construction will lower the levee by 6 feet from the existing trail (temporary end) at 13`h Ave. to the BNSF railroad bridge. The trail will then route to Ainsworth Ave. and cross the overpass toward a connection with the Port of Pasco portion of the trail, east of Grey Ave. B) The Corps of Engineers' approval of the City's plans is included in the proposed Amendment to the lease for the Boat Basin and Levee 12-1. In addition to the approval of the construction, the Amendment adds that portion of the levee (east of the Cable Bridge) which has not been included as land in the prior lease. C) The approved Amendment is necessary for the City to complete plans and get the project ready to bid for construction this summer. Staff recommends approval of the amendment. 3(d) AMENDMENT NO. 2, DEPARTMENT OF THE ARMY LEASE NO. W912EF-1-04-13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee, leased the premises indicated in Exhibit B of said lease for public park and recreation purposes; and WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the 12-1 pond from the premises; and WHEREAS, the City of Pasco has requested an addition to the premises including Tracts XX-3452, XX-3451 and the remainder of Tract XX-3460, said remainder not included in the premises of the original lease; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam Project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this Amendment by the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF-1-04-13 is hereby modified in the following particulars, but in no others: 1. Exhibit K and Exhibit L, attached hereto and made a part hereof, show the. area added to the premises by Amendment No. 2. 2. The Lessee's plans for lowering the portion of Levee 12-1 passing through the premises are approved as of December 14, 2008. During construction, the Lessee shall ensure that the project area is watered as needed to control dust, storm water barriers are present and all rip-rap reused on the levee is placed, not dumped. 3. The Lessee will provide information on any proposed interpretive signing on the premises to the District Engineer for review and comment. The information will, at a minimum, include proposed location, wording and sign design. In all other respects, the covenants, provisions and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this day of ) 2008. JANA L. BRINLEE Acting Chief, Real Estate Division Walla Walla District, Corps of Engineers This Amendment to Department of the Army Lease No. W912EF-1-04-13 is also executed by the Lessee this day of , 2008. JOYCE OLSON Mayor City of Pasco, Washington CERTIFICATE OF AUTHORITY I, certify that I am the of THE CITY OF PASCO, WASHINGTON, that who signed the foregoing instrument on behalf of the grantee, was then of I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the Lessee in executing said instrument. Date (signature) ACKNOWLEDGMENT STATE OF WASHINGTON ) : ss COUNTY OF WALLA WALLA) On this day of before me the undersigned Notary Public, personally appeared JANA L. BRINLEE, Acting Chief, Real Estate Division, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: (seal) a�M �ti PROJECT MAP ACQUISITION TRACT REGIS TER _^---• - _ - AQENCYs_kUL.._QF_THg.:±EiR TRACT •LANDOWNER'. s c,ee... REMARKS x •PI.x STATE--WASH"W4H________ v •J,�� FRANRLI s>aaES[NrrT olx. '" A S f I• N T O N CDYNT`[_______N-__-_____.__ i s n Prx t r N \ bIV1510N_NORTH_PACIFIC_________ SEWENT WALLA WA A DISTRICT__-_-__LL------------- - NTr•FwY re. » _ —_ .°N xwF*SK' R 4E ARMY AREA �Tll_ . •}d'RA w. �° r.drtc aH.r[ca I.m - . STATE- IMOE% v �!, ��• [app "-LOCATION OF PROJECT= YY•Sa<2 [.M vwWl..ry I aD W A L A , � aiasa w. s wlvw AR w - �p 22 MILES NE_OF_MGNARY DMISITE-_ [- a x! a M'. x.EO ° ra .. s• n w rs r r w. 1 . Yx-TN. cLPI]Irr.l rr.w I.]! re_e s. E N T O N w A rL4 _MILES OF_ PASCO___ R�lN! AR rr.iN D.[D ►AD ECT 5 E/ \J -E, "\ 1� - rx-sa<! var.a. d.M 0' Jt%O 3• �\u, � dx {�['r� wl./ ' ! +p arm DD 8 /\/\✓+,, - - -TRANSPORTATION FACILITIES- ]aT3 at a.ir[ - H �,\\J� _ x6[ y�E° y _ R.[ILROADS_-?IP RY._____-___-__ 3.,. IaY.. M.. o. A £{�\j �"Y V �' f�S+ � � STATE ROADS__________________ � n r.:i.rr • ^: Y %x-ia[v O'R E MOY a }? .aMiPN � FEDERAL ROADS_______________ s.w MF+'' AIRLINES---------------____s_ %r3aaFIE MH H.Hrw H H. L a�.Y $J _ —ACAUISITlDA3— [Lrn.r r..s H4 �`• rc.lYO'-IUwM _ _ TOTAL ACRES ACOUIR£O_-___.._- ACRES FEE---------------- ACRES TRANSF`D T.O WAR DEPT__-__.. rl ACRES LEA:IEV TO WAR DOM •�I w ACRES'LESSE11 1NTERESU DISPOSALk TOTAL ACRES DISPOSED OF ACRES SOLO CY WAR VIFT._________ T ACRES.TRANSFbBY M[xR.DEYE'__-..•.��: 'P ACRES RETRANSF'DTODDW'TADQE­__ y� NOES: ACRES LEASES TERVMAU.*s_ �_._ TH.Jnvwlq"i-1011]I of P:d'PM[M OCC way.w[ ACRES LESSER IMTg TERM.--_.—_ pN.d...WI.,-N19 o...M,xs lN4.l } rs W-il.-brew.a!oajxHlfi.Wr o.NN, { prrM.rreMad aw.rrar - •,\ zln[IHtw.Lm.otw.I.rgxl....... ^- LEGEND— t Y COxiR0. ANTDM privNr a..rwen s 4H mon j> pxF.wlsr pv u - - MOTE:"SS SYY[OLS:FRtiM FN.y-3D .Q[PT IaBIOfiL9 NaMlM[)PIIGES YI]b G.M. IL W.0 eM1..l'.nlPnd k.rM wbrr�Ylvn G4di-Sy.., �adyy SrY1M1 rpY - EXCEPT F0.1"A-,`v ro Ibpe rwvd.e In Ye[W.h[r 41�Ppl Mcada 0-M".RiixRprt AIw.R ro.axm nW.4 M VaL S,IMp[N, CO-W Aofr-I-H N W.8,Po9.N.PM]R[vsidL PESEWATION LINEMvxw YYi'01 I, Day 5,+ [y. A�MRADD[OMI3I - Tokl.9 Lfm r.vr.rrd OH"1964, - DA4 SITE hvu.r u Rrwsad Taking Linr Aipvrrd It M-161252 Y1-'-T--- • - 340•ce.r.r lirx'1dmI.lPx eppavnr rGNriAI VOMVN.p vvvlrMwvi. y Lease Tract --f Se rn9 L'nr ARp- B Fs I-1964 RESERVOIR SITE f­_...sl-- 9 _ —BLOC - - Levee 12-1 ----- CONTOUR LINES--r.-------•- �' ♦ - - I AA ISITION AUTHORI2ATIDN e a r - {r -`---- M.�. .: DISPOSAL------- , �•�s - - _� �I. I iier�rh.L�Y°s ir.'t 9a r:i:�..r�Y - D • 1 Stl y yia,..IPFrna OC[b PACT NUMBER -__-__-____ _ r Rs ' T11T1"d'C�>ZX� .Ae.:iMyl Rrra<I iY-Nri wIMRH 1 LO — am rly rra c[ls laM R.x oAEAro�re ,j - / r -� [LrlwHly IvY.nr:.ov.rm G[R REVISIONS BATE . ,. •�L I � r I i. N..r _sa-asonp:.N Aerw aTa.•° Yxsvr. i �i•'�Y`Y'T[TST�fH1A'�C[s�' {,� :�' '• - �• - 1 - - T-DEPARTMENT OF THE ARMY NO. •` �[ P E rf _ a Dr,11EWA[EAaM.L.Ir[rwG[ ExdIN[[a �� BLOCK 4 .:1 L— a�NORTH PACIFIC.DIVISION - • - ® .M ar ;r rt c[wr FIM CAA 140N[I'. .. '- .ix�ar.N"!r'vio.riadNlla. .. 1 REAL'ESTAY E ; Ex[% ; ?[GKEORT.RAl MCNARY LOCK ANp. D14�'' `_z iPNN MIO[t F�C!j Eix N.Nr[[rryrl x flax H xMpl.[aM-fr.nMN Cr.4Y pY a v'p S ITT L���c.O�\\'']]II 6c.o.awN a ru..ss,.r.M.n r.u.."..N ru..M.r Lo •ia.,a - COLUMBIA'RIVER,OREGON S WASHtN6TON_' r:r.w,nl.Y• M Ia rxY a Yrv. H..s.a y'1N.YI.!r.lM 9s.r r..r«..1'n.r.n s«.• " s cxcr wxaRU SEGMENT. "%% ' .S`.,r rrra r.r 1s 4na11N]a0'4aE-IINrR:Swrasn PMlIt1•[M•M01 (j �• - ]l.' I.LM.n AaN nC£AWL' Rn km ...OED •! \' . E,SWdil'8 o':.a+n r.n Ria:az:s.ocr ii p'ncA a.az a.rl s. PE• { ' I -' iA... *T Fa.%M D a,+,Ir+n r:vlwn[YI AY•r Mr,.n' aosf SUB YISiOF WT5 ra Wr..% M PIERRET'S SUBDrW N oAmI[s c UEwDR M EE I�Ex- IMtEx!.R�DSV[1[u D SONCIRE S M.[ O0xI1V6,w TAd IR r»Ex G.lER - !s - -�. PY:IRSTAC[ILx1pR dR i1M,KyCNa � sisEY,*-ap�as lun SACAGAWEA HERITAGE TRAIL PHASE 2 PASCO PROJECT NO. 06-6-02 -W7 -tM Oft Ri ZZ, w- K je� llj '19 Al CHARLES KILBURY zt AINSWORTH AVE OVERPASS f 4—L Z 77, 13 • A .- z�. ir ar Proposed Trail Routei,., EXISTING TRA CITY OF PA SC M &NAN, t Q� �� EXISTING TRAIL ........... 4Qj 1 DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT,CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362.1878 REPLY TO ATTENTION OF January 25, 2008 Real Estate Division Subject: Amendment No, 2, Lease No. W912-EF-1-04-13, City of Pasco, McNary Project Mr. Stan Strebel Administrative and Community Services Director City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Strebel: Enclosed for review and acceptance by the city of Pasco (the city) are two copies of the subject amendment. Please review the amendment carefully and completely. If it is acceptable to the city, please have both copies executed by Mayor Joyce Olson and complete both copies of the certificate of authority. Return both completely signed copies to me at the address above. Please include a check in the amount of five thousand dollars ($5,000) made payable to F&AO, USAED, WALLA WALLA. The payment will be used to fund engineering and construction inspection expenses. Any funds remaining at the end of the project will be returned to the city. When we receive the two copies and the payment, the amendment will be executed by the government and one completely executed copy returned to the city for use and record. If there are any questions, please call me at 509-527-7324. You may also contact me by e-mail at Paul.S.Shampine@usace.army.mil. Sincerely, Paul Shampine Realty Specialist Enclosures AGENDA REPORT TO: City Council February b, 2008 FROM: Gary Crutchfi Manager Workshop Mtg.: 2/11/08 Regular Mtg.: 2/19/08 SUBJECT: ;Iuvenile Detention Contract 1. REFERENCE(S): 1. Proposed Contract II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: i move to approve the contract with the Benton-Franklin Counties Juvenile Justice Center for juvenile detention services and, further, authorize the City Manager to sign the agreement. 111. FISCAL IMPACT: $50/day; same as prior contract IV. HISTORY AND FACTS BRIEF: A) The City of Pasco operates its own Municipal Court. Although most juvenile crime is statutorily reserved to Superior Court and the County Prosecutor's office, a few criminal traffic violations are directed to Municipal Court. Those include juvenile DUI, hit and run, reckless driving, etc. Because the adjudication of these cases can result in detention time, the city must have available an appropriate facility for convicted offenders (juveniles cannot be detained in the county jail). B) The city has long contracted with the Juvenile Justice Center located in Kennewick and operated by Benton and Franklin counties. The contract provides that the center will detain those offenders properly directed to it by Municipal Court in exchange for the payment of a daily fee of$50/day for such detention service. V. DISCUSSION: A) The proposed contract provides for the same basic provisions (availability and cost), but does include a mutual indemnity clause and a 90-day notice provision for termination. B) Given the need for this service and the terms and conditions of the proposed contract, staff recommends approval. 3(e) JUDGES BENTON-FRANKLIN COUNTIES JUVENILE JUSTICE Han.Dennis D.Yule Hon.Craig J.Matheson w Hon.Robert G.Swisher ��5,., Mon.Carrie Runge CENTER Hon.Cameron Mitrhell 1v .. SHARON PARADIS,Administrator Juvenile Court Services SUPERIOR COURT OF THE STATE OF WASHINGTON JO K.MOSEEPP H R.SCHNEI HNEIDER JERRI G.POTTS 5606 W CANAL PLACE,SUITE 106•KENNEWiCK,WASHINGTON 99336-1388 Court Commissioners PHONE(509)783-2151 •FAX (509)736-2728 FEE FOR SERVICES RENDERED CONTRACT BETWEEN BENTON AND FRANKLIN COUNTIES SUPERIOR COURT, JUVENILE DIVISION, AND THE CITY OF PASCO, WASHINGTON This Contract is made and entered into by and between Benton County, a political subdivision, with its principal offices at 620 Market Street, Prosser, WA 99350 and Franklin County, a political subdivision, with its principal offices at 1016 North Fourth Avenue, Pasco, WA 99301, by and for the Benton-Franklin Counties Juvenile Justice Center, a bi-county agency located at 5606 W. Canal Place STE 106, Kennewick, WA 99336 (hereinafter collectively referred to as "Counties"), and the City of Pasco, a Washington Municipal Corporation (City) with its principal offices at 525 North Third Avenue, Pasco, Washington, 99301, (hereinafter"City"). In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATION OF CONTRACT The term of this Contract shall begin January 1, 2008, and shall expire on December 31, 2008, and will renew for successive one-year periods on January 1 of each year unless the Counties notifies the City no later than October 1 that the Counties is not renewing this Contract for the following year. The Counties shall complete all work by the time(s) specified herein, or if no such time is otherwise specified, no later than the expiration date. 2. SERVICES PROVIDED A. The City requires a facility to detain 16-year-old and 17-year-old juveniles offenders ordered to detention by the City Municipal Court for traffic and other misdemeanor offenses. B. The Counties is authorized and willing to detain such juveniles at the Juvenile Justice Center located at 5606 W Canal Place in Kennewick, Washington. C. To the extent that bed space is available, the Counties shall detain 16-year-old and 17-year-old juveniles ordered to detention by the City Municipal Court. The terms and conditions of detention shall be in strict compliance with the applicable Municipal Court Order, City_of Pasco_Contract_2008_Renewable.doc Page 1 of 5 D. The Counties is not required to open new or unused facilities to house City referred juveniles, nor is it required to hire additional staff, above that level of staffing in existence on the effective date hereof. E. The City, at its own cost, shall transport its juveniles to and from the Benton-Franklin Counties Juvenile Justice Center. 3. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. For CITY: Gary Crutchfield, City Manager City of Pasco 525 N Third AVE Pasco WA 99301 Phone: (509) 544-3080 B. For COUNTIES: Sharon Paradis, Juvenile Court Administrator Benton-Franklin Counties Juvenile Justice Center 5606 W Canal PL STE 106 Kennewick WA 99336 Phone: (509) 736-2724 4, COMPENSATION A. The City shall pay $50.40 per day, per juvenile detained in the Juvenile Detention Center. B. The Counties shall submit a monthly-itemized statement setting forth the number of City juveniles detained, the number of days each juvenile was detained in the center and the amount due from the City for service provided in the preceding month. C_ The City shall pay the Counties for services rendered within thirty (30) days from the date of receipt of invoice. D. No payment shall be made for any work performed by the Counties, except for work identified and set forth in this Contract. 5. AMENDMENTS AND CHANGES IN WORK No amendment, modification or renewal shall be made to this Contract, unless set forth in a written Contract Amendment signed by authorized representatives of both parties. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the Administrator of Benton-Franklin Juvenile Justice Center and both Benton and Franklin Counties Boards of County Commissioner's Chairperson and shall not be binding until so approved. City_of Pasco_Contract-2008_Renewable.doo Page 2 of 5 6. HOLD HARMLESS AND INDEMNIFICATION The City shall hold harmless, indemnify and defend the Counties, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in the performance of this Contract. PROVIDED, that the City's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the Counties, its officers, officials, employees or agents. The County shall hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the County's acts, errors or omissions in the performance of this Contract. PROVIDED, that the County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees or agents. 7. TERMINATION A. The Counties may terminate this Contract in whole or in part whenever the Counties determine, in its sole discretion, that such termination is in the best interests of the Counties. The Counties may terminate this Contract upon giving ninety (90) days written notice by certified mail to the City. B. If either party herein breaches any of its obligations hereunder and fails to cure the breach within ninety (90) days of written notice to do so by the non-breaching party, the non-breaching party may terminate this Contract by providing written notice by certified mail to the breaching party. C. In the event this Contract is terminated by either party prior to end of a calendar month, the City shall pay the Counties on a pro-rated basis for services performed up to the termination date. 8. ASSIGNMENT, DELEGATION AND SUBCONTRACTING A. The Counties shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of the Counties under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY. B. The Counties warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for Counties, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. City_of_Pasco_Contrad 200$_Renewable.doe Page 3 of 5 9. NON-WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 10. COMPLIANCE WITH LAWS Both parties agree to comply with all applicable federal, state and focal laws, rules and regulations in performing this Contract. 11. NONDISCRIMINATION Both parties agree that each party, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, religion, national origin, age, sex, marital status, veteran status, the presence of any disability, or based on any other protected status. 12. DISPUTES Differences between the City and the Counties, arising under and by virtue of this Contract, shall be brought to the attention of the parties at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the Counties shall be decided by the Counties' Contract Representative or designee. All rulings, orders, instructions and decisions of the Counties' Contract Representative shall be final and conclusive, subject to the City's right to seek judicial relief. 13. CHOICE OF LAW, JURISDICTION AND VENUE A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. B. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Benton and Franklin Counties, Washington. 14. SUCCESSORS AND ASSIGNS The Counties, to the extent permitted by law, and the City each bind themselves, their partners, successors, executors, administrators, and assigns to the other party to this Contract and to the partners, successors, administrators, and assigns of such other party in respect to all covenants to this Contract. 15. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall City_of Pasco_Contract_2008_Renewable.doc Page 4 of 5 not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. B. if it should appear that any provision of this Contract is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. 16. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 17. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the Contract Representatives Section of this Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately, if personally served. For service by facsimile, service shall be effective at the beginning of the next working day. The parties have caused this Contract to be signed as follows: City of Pasco Benton Franklin Counties Juvenile Justice Center Gary Crutchfield Date Sharon A. Paradis Date - City Manager Juvenile Court Administrator BENTON COUNTY APPROVAL FRANKLIN COUNTY APPROVAL Approved as to Form: Approved as to Form: Agreed Review Performed by Franklin County Sarah Villanueva, Deputy Prosecuting Attorney Date Ryan Verhulp, Civil Deputy Prosecuting Attorney Date By: By: Name: Name: Title: Chairman Board of Commissioners Title: Chairman Board of Commissioners Date: Date: Attest: Attest: Clerk of the Board: Clerk of the Board: City_of Pasco_Contract_2008_Rene"bW.doc Page 5 of 5 AGENDA REPORT TO: City Council February 7, 2005 FROM: Gary Crutchfiel Manager Workshop Mtg.: 2/11/08 Regular Mtg.: 2/19/08 SUBJECT: Rescission of P chase and Sale Agreement(Davidson) I. REFERENCE(S): 1. Proposed Rescission of Real Estate Purchase and Sale Agreement 2. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/11: Discussion 2/19: MOTION: I move to approve Resolution No�g rescinding the February 2007 real estate agreement with Michael & Susan Davidson. III. FISCAL IMPACT: Return of the sale proceeds previously received by city (approximately $54,000) IV. HISTORY AND FACTS BRIEF: A) The city solicited proposals for the sale of Lot 2, Short Plat 2003-05, situated at the southwest corner of the intersection of 5th & Brown Street, in 2006. City Council selected the Davidson proposal, based on the combination of purchase price and commitment to build an office building of certain size and in similarity to the adjoining property (Davidson Law Office). The purchase and sale agreement obligated Davidson to substantially complete construction of the building within 18 months of sale. B) Due to personal circumstances, Davidsons have concluded they will not be able to fulfill the obligation to construct by the deadline and prefer to rescind the sale rather than hold the property .for future development. V. DISCUSSION: A) In addition to realizing market value for the property, it is important to the city that the property be developed timely and of substantial investment value, thus generating annual property tax income that does not presently exist. Given the potential for the property to sit vacant for a period of years under the current purchase and sale agreement, staff recommends rescission of the agreement and marketing of the parcel for a new sale agreement and development commitment. 3(f) RESCISSION OF REAL ESTATE PURCHASE AND SALE AGREEMENT In February 2007, Seller, City of Pasco and Purchasers, Michael and Suzanne Davidson entered into a Purchase and Sale Agreement whereby the Seller agreed to sell and the Purchasers agreed to purchase that real property legally described as follows: Lot 2, Short Plat 2003-05, City of Pasco, Franklin County Assessor's Parcel Number 112-152-300 records of Franklin County, Washington, Approximately 25,746 square feet. For the total purchase price of Fifty-Five Thousand and no/100" (555,000.00). Title was transferred to Purchasers by Statutory Warranty Deed. Purchasers and Seller have now agreed to a Rescission of that Real Estate Purchase and Sale Agreement. By execution of this Rescission of Real Estate Purchase and Sale Agreement, Seller agrees to return to Purchasers the total purchase price of$55,000.00 less $670.28 in prior costs (net payment of $54,330.72) and release all interest in that certain Certificate of Deposit (Performance Bond) in the amount of$4,000.00, deposited with the City of Pasco at the time of closing, and Purchasers agree to execute a Statutory Warranty Deed in favor of the City of Pasco releasing any and all interest in the above described real property and, further, agree to pay any costs associated with effecting this rescission. DATED this day of February, 2008. PURCHASERS: Michael J. Davidson Suzanne Davidson 1310 N. Fifth Avenue Pasco, WA 99301 SELLER: Gary Crutchfield, City Manager RESOLUTION NO. t-�? A RESOLUTION Rescinding the February 2007 Real Estate Agreement with Michael and Susan Davidson. WHEREAS, the city, in February 2007, sold Lot 2, Short Plat 2003-05, situated at the southwest corner of the intersection of Brown Street and 51h Avenue, to Michael and Susan Davidson with the condition that an office building of substantial similarity to the office building next door be completed within 18 months of the sale; and WHEREAS, the Davidsons have determined, due to circumstances unanticipated at the time of sale, that they cannot fulfill the construction obligation of the contract of sale; and WHEREAS, both parties (City and Davidsons) prefer to rescind the sale in lieu of other options; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1: That the City Council hereby authorizes and directs the City Manager to execute the rescission of Real Estate Purchase and Sale Agreement attached hereto as Exhibit"A." PASSED by the City Council of the City of Pasco this 18th day of February, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 11 FOR: City Council February 15, 2008 TO: Gary Crutchfi. (Manager Robert J. Albe u 1 Works Director FROM: Michael McS1100 Engineer Workshop Mtg.: 01/28/08 Regular Mtg.: 02/19/08 SUBJECT: Award Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project#07-2-05 1. REFERENCE(S): 1. Vicinity Map 2. Bid Summary 3. Letter from Bronson Brown, Kerr Law Group, dated 2/15/08 4. Letter from T. Krutsch, CH2MH:il.1, dated 1/25/08 5. Letter from G. Bestebreur, Poland& Sons, Inc., dated 1/28/08 6. Letter from G. Bestebreur, Poland& Sons, Inc., dated 2/1/08 (NOTE: attachments 4 through 6 are in Council packets only; copy available in City Engineer's office for public review.) 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 01/28: Discussion 02/19: MOTION: I move to award the low bid for the Butterfield WTP Modifications Valves Replacement and Weirs Installation Project, #07-2-05 to Intermech/Thompson in the amount of $396,506.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. 111. FISCAL IMPACT: Water Fund IV. HISTORY AND FACTS BRIEF: A) On January 23, 2008 staff received. three (3) bids for Butterfield WTP Modifications Valves Replacement and Weirs Installation Project, #07-2-05. The low bid was received from Intermech/Thompson in the amount of $396,506.00 plus applicable sales tax. Interrnech/Thompson's proposal form had minor irregularities which, upon review, did not affect the outcome of the bid. The second lowest bid was received from Ray Poland& Sons, Inc. in the amount of$398,264.00 plus applicable sales tax. The Engineer's estimate for this project is $379,500.00 plus applicable sales tax. B) This project includes: Valve Replacement—approximately $170,000 Install 49 valves and actuators for the filter and backwash operations to replace aging and broken valves and actuators. The City previously purchased 45 valves and the contractor will purchase an additional 4 valves prior to installation. The contractor will then repaint filter gallery piping and valves. Sedimentation Weirs and Isolation Gate—approximately $1.25,000 Furnish and install stainless steel weirs to provide better control over the operations of the plant. Provide an isolation gate between the two sides of the treatment plant for maintenance and more versatile operations control. New and Relocated Turbidity Meters—approximately $105,000 Install eight new turbidity meters in filter drain piping allowing for a more automated operation of the filters. Relocate eight existing turbidity meters for operator accessibility. The turbidity meters monitor the turbidity of the water as it leaves the plant. 9(a) C) This project is identified in the CIP as part of the Water Filtration Plant Improvements project, which is budgeted at $800,000. Included in the Water Filtration Plant Improvements project is the purchase of valves for approximately $200,000 and the installation of sampling stations for approximately$50,000. V. DISCUSSION: A) Ray Poland& Sons, Inc. (Poland) has objected to the staff recommendation to award the bid to Tntermech/Thompson (Intermech). Poland requested and obtained a temporary restraining order two weeks ago preventing Council award of the contract at its February 4 meeting. Superior Court Judge Runge considered Poland's arguments on February 14 and ruled that the irregularities reflected in Intermech's bid were "minor" and do not present an obligation on the Council to reject or disqualify Intermeeh's bid, as contended by Poland. As Intermech's bid is valid and is lowest, staff reiterates its recommendation that the bid be awarded to Intermech(as reflected in the recommended motion). B) If Council deems the irregularities of the Intermech bid to disqualify it from consideration, then the bid should be awarded to Poland; in that event, the following motion would be appropriate: MOTION: I move to award the low bid for the Butterfield WTP Modifications Valves Replacement and Weirs Installation Project, No. 07-2-05 to Ray Poland & Sons, Inc. in the amount of$395,264.00 plus applicable sales tax and, further, authorize the Mayor to sign the contract document. C) Given the time required to complete certain portions of the proposed work prior to peak (summer-time) water production, staff urges Council to award the contract to one of the two contractors at its February 19 meeting or, in the alternative, reject all bids and direct staff to re-bid the project with modified deadlines. t �t ` � ilb � �4C i� .awl �•� � � ,, �1�. � ! k J�1,�4,. �' /• � 0 9 5 �r4 f ,c�r;y/4 \ K �''• y 4 4'{_-••?yi.±��'•'.M.-i: yp - a� !;�i' "—•.,•,mow /'�,�p t� •LS }�;`.•i« Y 1 A 7` �, v y; kg d91� } •JI A "_ $e`lJ4a N R` • .,� "'C. � 1 I 1 �Tkµ r w.' .� A4 •i e.:,; '� .i`i y � ,gg+wuY +jj 4.��j� ti �'• y`i lily T 1 �h ct !;� Z �� •I��IM�,ji���,,y`Iq -.4 r 1N �5•Ix'y: 'r �: ~� .'L *!!.pl rME4 .,,WWI ����r.r11\/ C 1 IM K'��` •— �f� � ' $,'.�iy JIL de CIA LLJ ��- I "fir�Y i�'4�! YSA��T 1�•T 4 Rw ��� +- � I n� 1 � 1 r �i 1"a � r pp��. �f�!r• i [t � 1 � � r w� ,Yyr1 '� • g� a � t i City of Pasco Butterfield WTP Modifications Valves Replacement and Weirs Installation, Project #07-2-05 January 23, 2008 BID SUMMARY 1. Intermech/Thompson $396,506.00 2. Ray Poland & Sons, Inc. $398,264.00 3. Triad Mechanical, Inc. $588,333.00 Leland B.Kerr Attorney at Law Uis l Ikerr<akc:rrtam-grvult.net 5[�'Jati:•:tjr{•. .�iM1"w:YV•"ni�! RrYrrtyon J.Bro- mi Aitortte at l.aw J<-F,RR I I.AW t... l:y bfirnum.(q?kerrta.wy,-oup.net T-ebnaary 15, 2008 Nfr. Gary Crutchfield. City.Manager CITY OF PASCO f 525 'North 3"' Pasco WA 99301 RE-: Ray Poland & Soils, file. vs. City of Pasco Franklin County Superior Court No. 08-2-50134-8 Dear Crary: On February 14, 2008, the C:atlrt heard the natter of Ray Poland & Sons v5, City of Pasco can the Defendant City of Pasco's Motion to Quash the Temporary Restraining Order which was restraining the City from awarding the public works project of, Butterfield WTP Modification Valves Replacement and Weirs :Installation Project. to Inten-nech. The Plaintiffs, Ray Poland & Sons, alleged that Interni.ech's bid had several irregularities, therefore; the Court should restrain the City from awarding the bid to Intertnech and deem them as nonresponsive. The Court went through each of the. allegations of irregularities and deternitned that each irregularity was immaterial, and therefore, waivabie. After deeming each of the irregularities immaterial, the Court Signed the enclosed Order to Quash the Temporary Restraining Order, thereby, allowing the City to proceed with the award of the bid to Intenmech. The City now can proceed to officially award the Butterfield Project to the low bidder, Interrneeh. If you have any further questions,please do not hesitate to contact,me. Sincerely yours, Bronson J. Brown KERR LAW GROUP BJB/sIa Enclosure 7025 West Carandrid$e Boulevard,Suite A,Kennewick,Washington 99336 Telephone: 509.735-1542 Pax, 509 73,5,0506 A Pmjeesional Limired Liability Company AGENDA REPORT NO. 10 FOR: City Council A February 13, 2008 TO: Gary Crutchfi 1 Manager Robert J. Albe s, Pu lie Works Director FROM: Michael McSha ity Engineer Regular Mtg.: 02/19/08 SUBJECT: Award Road 84/Argent Sewer and Water Improvements, Project#07-1-06 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/19: MOTION: I move to award the low bid for the Road 84/Argent Sewer and Water Improvements, Project #07-1-06 to Rotschy, Inc. in the amount of $715,279.68 plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On February 13, 2008 staff received eight (8) bids for Road 84/Argent Sewer and Water Improvements, Project #07-1-06. The low bid was received from Rotschy, Inc. in the amount of$715,279.68 plus applicable sales tax. The second lowest bid was received from Pegram Construction in the amount of $717,787.38 plus applicable sales tax. The Engineer's estimate for this project is $785,000.00 plus applicable sales tax. V. DISCUSSION: A) This project includes the installation of a gravity sewer main on Argent from Road 72 to Road 84 and on Road 84 from the mobile home park down to Argent. It will also install a new lift station at the corner of Argent and Road 84, and a force main along Argent tieing into the existing sewer at Road 72. A new water main on Road 84 is also included. Road improvements including new signals are currently being designed and will be constructed after these utility improvements are completed. B) Staff recommends award of this contract to Rotschy, Inc. 1o(a) City of Pasco Road 84/Argent Sewer and Water Improvements Project #07-1-06 February 13, 2008 BID SUMMARY 1. Rotsch.y, Inc. $715,279.68 2. Pegram Construction $717,787.38 3. Safco, Inc. $756,098.45 1 � i� i.5x...: 1 �,/•\'i �v 4', 0 �0�� �,�0 � X p � �.� ��"rFs�' �.r ....__ �G�, MGWL°d7V11�" p� 3(Y"+"�� W � 1� � 1 � T'}• ,� 1 "�i7g#"' ly ' N ,Fy ' .a4" v ' Y.++"' , 1F k � 't•? CCU ,t,F t � �• ° *N'S.::tl��Y r >• � y�,�":1. J.;f s�,✓ ` !'f �C.. w7! j XW `�I 16P�1' e X. Ilk k •f t. .N' � 9 ,F' 4. 4 d 9 � 4•. iii t w: ° a f {9 e s 6 rr/E >w 3X Ore Pf X • � "� tJ'„ ' :. ' � ( $an °iN 4a+Y%h 4�.'14�fYSx^'.. Y' 1' r., r a. AGENDA REPORT NO. 9 FOR: City Council February 13, 2008 TO: Gary Crutch V, ulb3 anager Robert J. AlWorks Direc tor FROM: Michael Mcngineer Regular Mtg.: 02/19/08 SUBJECT: Award 2008 WWTP Expansion (Solids Thickening Facilities)Project, 408-1-02 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02/19: MOTION: I move to award the low bid for the 2008 WWTP Expansion (Solids Thickening Facilities) Project, 408-1-02 to Fowler General Construction in the amount of $1,459,727.00 plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On February 13, 2008 staff received three (3) bids for 2008 WWTP Expansion (Solids Thickening Facilities) Project, #08-1-02. The low bid was received from Fowler General Construction in the amount of$1,459,727.00 plus applicable sales tax. The second lowest bid was received from Triad Mechanical, Inc. in the amount of $1,476,490.00 plus applicable sales tax. The Engineer's estimate for this project is $1,545,000.00 plus applicable sales tax. V. DISCUSSION: A) This project will install a rotary screen thickener (RST) and build a structure to house the unit with associated solids pumps, controls and polymer feed system. By thickening the digester solids the capacity of the drying beds is increased. The building was also designed for future expansion to install a screw press. B) This project is identified in the CIP as WWTP Expansion Project#08-1-02, which is budgeted at $1,650,000.00. Included in this budgeted amount is the Professional Services Agreement with CH2MHill for design, approved on ]Vovember 19, 2007 in the amount of $176,900.00. An additional need for construction services is still being determined as outlined in the Professional Services Agreement,which is estimated at $82,700.00. Staff recommends award of this contract to Fowler General Construction and $110,000.00 be added to the year end supplemental budget to allow award of construction. 10(b) City of Pasco WWTP Expansion (Solids Thickening Facilities) Project #08-1-02 February 13, 2008 BID SUMMARY 1. Fowler General Construction $17459,727.00 2. Triad Mechanical, Inc. $1,476,490.00 3. Mountain States Construction $115705276.00 , A� � •+BRA r•. A S /^•ate — yw'' 7 a�etiA WASTE WATER TREATMENT PLANT EXPANSION :�sznxw+• tarsw`` (',. MINOR-- ",�, .•'. ��U. •r�{..yy��yy 1. 4 s Mfr;. ■:.� ,r 'f, ,+f�' ry� T `�r4�td&'��,+j rr, � ��"._.1�' �•A�5} ��a � 51yi `T2J,^ Wyya y ww��y�� 5•vv� � - gqyyq��Ay T�•.. �' N ' F ��� f-:� J "^tea � .;. +•y t � �4 • • ufi.,, F, _ _ � r NA Y q�. WA, 7" a �_,- �'-, t� �, : K' ,:� �,�q�a�'�'n:�,r t(Y� _y t?G S� "' 'P"A ,•;IF:,s It � r � � �w^. 1•q� a °54�ay,�y�1 II i „c"ww.ux'......... .... .. .._..�.v..>f.•iai AGENDA REPORT FOR: City Council February 14, 2008 TO: Gary Crutchfie Manager FROM: Stan Strebel, A in' tr U and Community Services Director r. - Regular Mtg.: 2/19/2008 SUBJECT: Award of Bid, Baseball Stadium Seating Improvements I. REFERENCE(S): 1. Bid Summary II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/19: MOTION: I move to award the bid for the Baseball Stadium Seating Improvements to Nor-Pac Seating Co., Inc., in the amount of $94,910.00 plus applicable Washington State sales tax, for the Base Bid and Alternate No. 1 and further, authorize the Mayor to sign the construction contract. III. FISCAL IMPACT: Of the $666,000 granted by the 2007 legislature for baseball stadium improvements, $342,386.76 was used to complete the shade structure project last year. This project is expected to require approximately $108,000 including sales tax and engineering. The balance of the granted funds (less a state administrative fee of$8,325) is earmarked for the replacement of the stadium scoreboard. IV. HISTORY AND FACTS BRIEF: A) On January 13 the City received two bids for the Baseball Stadium Seating Improvements as shown on the attached summary. Staff recommends award of the project to the low bidder, Nor-Pac Seating Co., Inc., for the Base Bid (seating and installation) and Alternate I (old seating removal). Staff believes that Alternate 2 (relocation of seat backs), can be accomplished with City workers and minimal contract work for less than $1,000. Therefore, that alternate is not recommended for award. B) This project will replace existing bleachers with back rests in the upper deck - stadium center, with folding chair seats (approximately 600). Some of the bleachers with back rests will be relocated to the side stadium bleacher areas which have no back rests. Staff anticipates some of the old bleacher seats and backs may be available for reuse. CBC has expressed interest in acquiring unneeded bleacher seats. C) The contract requires the project to be complete by June 1St so as not to interfere with the baseball playing schedule. 10(c) BID TABULATION -Baseball Stadium Seating Improvements Bid Opening, Wednesda , Februa 13, 2008 Page 1 of 1 CONTRACTOR: CONTRACTOR: CONTRACTOR: CONTRACTOR: CONTRACTOR: Base Bid En ineees Estimate Nor-Pac Ray Poland NO.IDESCRIPTION BID BID - BID BID BID BASE BID (New plastic seats) $85,089.00 $147,736.00 Certified By: Alternative Bids NO. DESCRIPTION BID JBID BID JBID JBID 1 Demolition& Repair $9,821.00 $14,360.00 2 Relocate Backs $6,200.001 $12,200.00 Total Base Bids &Alternates $100,000.00 $101,110.00 $174,316.00 t Certified Bye"- z XA