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2008.10.20 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 20, 2008 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 October 6, 2008. (b) Bills 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$1,100,644.17 ($85,543.49 in the form of Wire Transfer Nos. 5070 and 5075 and, $1,015;100.68 consisting of Claim Warrants numbered 168289 through 168525). 2. 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$164,876.13 and, of that amount, authorize $137,083.63 be turned over for collection. (c) Tourism Promotion Area: 1. Agenda Report from Gary Crutchfield, City Manager dated October 8, 2008. 2. 2009 TPA Budget Summary. 3. 2009 TPA Business Plan (provided in Council packets on 10/13/08; copy available in City Manager's office for public review). To approve the 2009 operating budget for the Tourism Promotion Area in the total amount of $823,000. (d) Inspection Services Contract Addendum with SAFEBUILT: 1. Agenda Report from Rick White, Community & Economic Development Director dated October 15, 2008. 2. Proposed Contract Addendum. To adopt the contract addendum for inspection and plan review fees with SAFEBUILT, Inc. (e) Emergency Communications Consultant: 1. Agenda Report from Denis Austin,Police Chief dated October 6, 2008. 2. Contract for Professional Engineering Services, ADCOMM Engineering. To approve the contract for consultant services for Emergency Communication Consultant service and, further, authorize the Mayor to sign the agreement. (f) Wagenaar Army Reserve Center: 1. Agenda Report from Jeff Adams,Associate Planner dated October 14, 2008. 2. Professional Services Agreement with Scope of Work and Fee Schedule. 3. Statutory Planning Timeline. To approve the Professional Services Agreement with Meier Enterprises, Inc., and, further, authorize the City Manager to sign the agreement. (g) WSDOT Local Agency Agreement, I-182/Road 100 Interchange Loop Ramp: 1. Agenda Report from Robert J. Alberts, Public Works Director dated October 9, 2008. 2. Proposed Agreement. 3. Map. To approve the Local Agency Agreement with WSDOT for the I-182/Road 100 Interchange Loop Ramp on a time and material basis not to exceed $1,779,006.00 and, further, authorize the Mayor to sign the agreement. Regular Meeting 2 October 20, 2008 *(h) Resolution No. 3112, a Resolution accepting work performed by Watts Construction, Inc., under contract for the Sewer ULID No. 143, Project No. 06-1-08. 1. Agenda Report from Michael McShane, City Engineer dated September 29, 2008. 2. Resolution. To approve Resolution No. 3112, accepting the work performed by Watts Construction Inc., under contract for the Sewer ULID No. 143,Project No. 06-1-08. *(i) Resolution No. 3113, a Resolution fixing the time and date for a public hearing to consider the vacation of right-of-way adjacent Block 5, Gray's East Riverside Addition, 1. Agenda Report from David I. McDonald, City Planner dated October 13, 2008. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 3113, fixing 7:00 p.m., November 17, 2008 as the time and date for a public hearing to consider the proposed vacation. *(j} Resolution No. 3114, a Resolution accepting work performed by Rotschy, Inc., under contract for the Road 84/Argent Sewer and Water Improvements, Project No. 07-1-06. 1. Agenda Report from Michael McShane, City Engineer dated September 30, 2008, 2. Resolution. To approve Resolution No. 3114, accepting the work performed by Rotschy, Inc., under contract for the Road 84/Argent Sewer and Water Improvements,Project No. 07-1-06. (tc) MOTION: I move to approve the Consent Agenda as read. 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) Financial Services Manager: General Fund Operating Statement through September 2008. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Sections 2.48.140, 2.48.180 and Section 3.07.060 of the Pasco Municipal Code regarding payments and fees for Cemetery goods and services. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 8, 2008. 2. Proposed Ordinance amending Cemetery payment options and fees. 3. Proposed Price List, 4. Ordinance No. 3454. MOTION: I move to adopt Ordinance No. , amending Sections 2.48.140, 2.48.180 and 3.07.060 of the Pasco Municipal Code regarding Cemetery payment options and fees and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, granting to PacifrCorp, an Oregon Corporation doing business as Pacific Power and Light Company, a non- exclusive franchise to construct, install, operate, and maintain an electrical power transmission and distribution system in, on, over, upon, along, and across certain designated public rights-of- way of the City of Pasco, Washington, prescribing certain rights, duties, terms and conditions with respect thereto, and establishing an effective date. 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 2, 2008, 2. Proposed Franchise Ordinance. (xc) MOTION: I move to adopt Ordinance No. , approving the Franchise with PacifiCorp and, further, authorize publication by summary only. Regular Meeting 3 October 20,2008 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Library Remodel and Temporary Closure: I. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 15,2008. 2. Proposed Agreement. 3. Letter from Library Executive Director. 4. Closure Schedule. MOTION: I move to approve the First Addendum to the Library Services Contract with the Mid-Columbia Library District for remodeling at the Pasco Library and, further, authorize the City Manager to sign the document. *(b) Kurtzman Park Drainage Improvements, Project No. C2008512-1: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 9, 2008. (RC) MOTION: I move to award the contract for the base and alternate bids for the Kurtzman Park Drainage Improvements Project, No. C2008512-1 to the low bidder, Quality Backhoe Services in the amount of$30,433.60, including sales tax. *(c) 2008 Miscellaneous Traffic Signal Upgrades,Project No. 08-4-01: 1. Agenda Report from Michael McShane, City Engineer dated October 15,2008. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the 2008 Miscellaneous Traffic Signal Upgrades, Project No. 08-4-01 to Sierra Electric, Inc., in the amount of$96,956.00 and, further, authorize the Mayor to sign the contract documents. 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. 3:00 p.m., Monday, October 20, CBC Board Room— Institute for Professional Development Advisory Committee Meeting. (MAYOR JOYCE OLSON) 2. 6:00 p.m., Monday, October 20, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 3. 5:00 p.m., Tuesday, October 21, TRAC Facility— TRAC Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 4. 7:30 a.m., Thursday, October 23, Tri-Cities Business and Visitor Center (7130 W. Grandridge), Bechtel Board Room—Tri-Cities Visitor&Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 5. 4:00 p.m., Thursday, October 23, Tri-Cities Business and Visitor Center (7130 W. Grandridge), Bechtel Board Room — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 6. 5:30 p.m., Thursday, October 23, 710 W. Court Street — Benton Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 6, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor Pro-Tem. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffinann, Tom Larsen, Matt Watkins and Al Yenney. Joyce Olson was excused. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; David McDonald, City Planner and Denis Austin, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated September 15,2008. (b) Bills and Communications: To approve General Claims in the amount of$1,966,414.75 ($167,582.25 in the form of Wire Transfer Nos. 5053, 5057 and 5060 and, $1,798,832.50 consisting of Claim Warrants numbered 168008 through 168288). To approve Payroll Claims in the amount of$1,799,425.68, Voucher Nos. 38668 through 38839; and EFT Deposit Nos. 30025350 through 30026110. (c) Bargaining Contract for Public Works and Facilities Maintenance Employees: To approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280 and, further, authorize the Mayor to sign the agreement. Removed from Consent Agenda and moved to Item 10(c). (d) Dedication of Right-of-Way at Road 52 and Sandifur Parkway: To approve the Dedication Deed from Richard J. and Margery Schmidt and acceptance of Right-of-Way at the northwest corner of Road 52 and Sandifur Parkway. (e) Final Plat: Mediterranean Villas Phase 5 (Fortunato, Inc.) (MF#FP08-010): To approve the final plat for Mediterranean Villas Phase 5. (f) Resolution No. 3105, a Resolution accepting work performed by J&B Constructiow, Inc., under contract for the Road 68 Reservoir Site Improvements (Landscaping), Project No. 07-2-06. To approve Resolution No. 3105, accepting the work performed by J&B Construction, Inc., under contract for the Road 68 Reservoir Site Improvements (Landscaping), Project No. 07-2-06. (g) Resolution No. 3106, a Resolution of the City of Pasco, Washington fixing a time and place for hearing on the final assessment roll for Utility Local Improvement District No. 143, and directing that notice thereof be given in the manner required by law. I 3(a)a MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 6, 2008 To approve Resolution No. 3106, setting 7:00 p.m., Monday, November 3, 2008 as the time and date to conduct a public hearing to consider the Final Assessment Roll for ULID No. 143. (h) Resolution No. 3107, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Lindsay Avenue. To approve Resolution No. 3107, fixing 7:00 p.m.,November 3, 2008 as the time and date for a public hearing to consider the proposed vacation. (i) Resolution No. 3108, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Road 32. To approve Resolution No. 3108, fixing 7:00 p.m., November 3, 2008 as the time and date for a public hearing to consider the proposed vacation. MOTION: Mr. Garrison moved to approve the Consent Agenda as amended. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mr. Watkins presented Certificates of Appreciation for September 2008 "Yard of the Month"to: Robert Hackwith, 420 N. 8th Avenue Greg and Rose LeBrun, 612 Road 36 Scott and Kelly Schadler, 4306 Riverhill Drive Chad and Stephanie Roan, 10420 Aspen Loop Mr. Watkins presented a Certificate of Appreciation for September 2008 "Business of the Month Appearance Award" to: Burger Ranch, 108 S. Oregon Avenue VISITORS - OTHER THAN AGENDA ITEMS: Mr. Watkins recognized Boy Scouts from Troop #159 in the audience. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the TCVCB Board Meeting and the TRIDEC Board Meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3880, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of Lots 3 and 4 of Binding Site Plan 95-05, from C-1 (Retail Business) to BP (Business Park). Mr. McDonald explained the details of the proposed zoning amendment. MOTION: Mr. Garrison moved to adopt Ordinance No. 3880, granting a rezone for the McClaskey property on West Court Street, from C-1 to BP as recommended by the Planning Commission and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3109, a Resolution of the City of Pasco,Washington, directing reconsideration of Special Permit Application (MF#SP06-10) of Central Pre-Mix Concrete Company. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 6, 2008 Council and staff discussed the details of this issue. MOTION: Mr. Garrison moved to approve Resolution No. 3109, remanding to the Planning Commission for reconsideration of the Central Pre-Mix Special Permit Application(MF #SP06-10). Ms. Francik seconded. Motion carried unanimously. Resolution No.3110, a Resolution relating to the reuse planning for the Wagenaar Army Reserve Center and appointing an Advisory Committee therefore. Council and staff discussed the details of this issue. MOTION: Mr. Garrison moved to approve Resolution No. 3110, establishing the advisory committee and the decision process for the Wagenaar Reserve Center redevelopment plan. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3111, a Resolution approving the Capital Improvement Plan for Calendar Years 2009-2014. Council and staff discussed the details of this issue. MOTION: Mr. Garrison moved to approve Resolution No. 3111, adopting the Capital Improvement Plan for fiscal years 2009-2014. Ms. Francik seconded. Motion carried 5-1. No—Hofftnann. NEW BUSINESS: Bid for Volunteer Park Improvements Project No. CDBG 08-007: Council and staff discussed the details of this issue. MOTION: Ms. Francik moved to ratify the City Manager's award of the contract for the Volunteer Park Improvements Project No. CDBG 08-007, to the low bidder Inland Asphalt Company, in the amount of$49,175.40, not including sales tax. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Special Permit: Location of a Middle School at Road 52 and Power Line Road (Pasco School District) (MF#SP08-007): Council and staff discussed the details of this issue. MOTION: Ms. Francik moved to approve the special permit for the location of a new middle school at Road 52 and Power Line Road, as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Bargaining Contract for Public Works and Facilities Maintenance Employees: Council and staff discussed the details of the contract. Council adjourned to Executive Session at 7:49 p.m. for approximately 20 minutes to discuss collective bargaining strategy and proposals with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:06 p.m. MOTION: Mr. Garrison moved to approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280 and, further, authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:07 p.m. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 6, 2008 APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 201' day of October, 2008. 4 CITY OF PASCO Council Meeting of: October 20, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the d rsigned certify under penalty of perjury that the materials have been furnished,the services ren ere r the labor p rformed as described herein and that the claim is a just, due and unpaid obligat" ga" st the city an at we are authorized to authenticate and certify to said p". Gary utch r ity Ma er James W: . hase, Finance Manager V 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 5070 and 5075 in the amount of$85,543.49, have been authorized; that Check No.s 168289 through 168525 are approved for payment in the amount of$1,015,100.68, for a combined total of$1,100,644.17on this 20th day of October, 2008, Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 27.69 Judicial 14,710.90 Executive 7,782.06 Police 48,493.72 Fire 9,013.65 Administration&Community Services 92,961.70 Community Development 36,642.36 Engineering 748.98 Non-Departmental 61,487.77 Library 3,796.30 TOTAL GENERAL FUND: 275,665.13 STREET 75,278.17 C. D. BLOCK GRANT 51,883.45 KING COMMUNITY CENTER 2,927.64 AMBULANCE SERVICE 3,855.52 CEMETERY 3,626.40 ATHLETIC PROGRAMS 623.34 SENIOR CENTER 5,367.10 MULTI MODAL FACILITY 2,884.46 RIVERSHORE TRAIL&MARINA MAIN 1,082.38 LITTER CONTROL 1,712.69 REVOLVING ABATEMENT 553.86 INDUSTRIAL DEVEL& INFRASTRUCT 3,250.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 2,810.14 TRI CITY ANIMAL CONTROL 4,424.48 METRO DRUG TASK FORCE 13,636.42 METRO DRUG FORFEITURE FUND 431.40 GENERAL CONSTRUCTION 4,195.30 WATER/SEWER 297,492.33 EQUIPMENT RENTAL-OPERATING 23,323.89 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 85,543.49 CENTRAL STORES 2,720.86 FIRE PENSIONS 0.00 PAYROLL CLEARING 44,179.15 LID CONSTRUCTION 193,176.57 GRAND TOTAL ALL FUNDS: $ 1,100,644.17 3(b).1 AGENDA REPORT FOR: City Council DATE: 10/15/2008 TO: Gary Crutchfield,City Manager REGULAR: 10/20/2008 Stan Strebel,Administrative&Community Services Director FROM: T t*BT once Manager SUBJECT: B WRITE-OFFS/COLLECTION. I. REFERENCE M: Write-off and collection lists are on file in the Finance Department. 11. 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 $164,876.13 and, of that amount, authorize$137,083.63 be turned over for collection. III. 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 $ 7.67 7,957.41 7,965.08 Ambulance, $ 27,784.83 .00 27,784.83 Court A/R $ .00 123,301.00 123,301.00 Liens $ .00 2,436.00 2,436.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 3,389.22 3,389.22 TOTAL: $ 27,792.50 137,083.63 164,876.13 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council October 8, 2008 FROM: Gary Crutchfie anager Workshop Mtg.: 10/13/08 Regular Mtg.: 10/20/08 SUBJECT: Tourism Promotion Area I. REFERENCE(S): 1. 2009 TPA Budget Summary 2. 2009 TPA Business Plan (Council packets only; copy available in City Manager's Office for public review) II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10113: Presentation by Kris Watkins, President and CEO, Tri-Cities Visitor and Convention Bureau. 10/20: MOTION: 1 move to approve the 2009 operating budget for the Tourism Promotion Area in the total amount of$823,000. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the proceeds of a"per night room assessment'on hotels/motels in the Tri- Cities, imposed by the hotels themselves. B) The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA requires the annual budget from the TPA to be approved by the City Council. V. DISCUSSION: A) The TPA "assessment' is remitted by the hotels to the state which, in turn, distributes it to the city in which it was collected. The city is obligated to pass the funds to the TPA, for use in accordance with the approved budget. The 2009 budget is generally the same as 2008, except for: • Expenditures for "Group Markets" (conventions, associations, etc.) will decline by about $50,000 next year, to make room for an increase in expenditures for tourism development. • Expenditures for "Tourism Development" will increase about $80,000 next year, reflecting a greater emphasis on marketing activities aimed at tourism. • Capital expenditures decline by $8,000, from $16,000 to $8,000. Reserves decline from $16,000 to $0. B) Council should approve the 2009 TPA operating budget or indicate changes necessary to gain approval. 3(c) Budget Summary Revenues 2008 Forecast 2008 Budget Proposed 2009 Budget Kennewick $352,800 42% $324,000 40% $324,000 39% Pasco $176,400 21% $170,100 21% $170,100 21% Richland $310,000 37% $315,900 39% $315,900 38% From 2008 Reserves 0 0 $13,800 2% Total: $840,000 100% $810,000 100% $823,000 100% Expenditures Group Markets City Wide Conventions $400,008 50% $347,971 43% Associations Corporate & Government SMERF (social, military, education, religious, fraternal) Sports Housing & Group Services $51,349 6% $57,085 7% Tourism Development $84,543 10% $166,555 20% Administration $148,500 18% $150,789 1811/0 (Administrative staff, office supplies, rent, telephone, dues/subscriptions, postage, equipment maintenance, etc.) Opportunity Fund $60,000 8% $60,000 7% Accounting/Professional $33,400 4% $33,400 4% Capital Expenditures $16,000 2% $8,000 1% Reserves $16,200 2% $0 0% Total: $810,000 100% $823,000 100% - 26 - AGENDA REPORT No. 61 FOR: City Council October 15, 2008 TO: Gary Crutchft 4,41Manager FROM: Rick White Director -Pj Regular Mtg.: 10/13/08 Community& Economic Development SUBJECT: Inspection Services Contract addendum with SAFEBUILT I. REFERENCE: 1. Proposed Contract Addendum. I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: 10/20: MOTION: I move to adopt the contract addendum for inspection and plan review fees with SAFEBUILT Inc. III. FISCAL IMPACT: Short term increased costs for Inspection Services IV. HISTORY AND FACTS BRIEF: A) The City has used a public/private partnership for building inspection services and construction plan review for the last 12 years. In 1995, the City contracted with the Building Department, Inc for plan review services; in 1998 part-time inspection services were added and in 2000, the City added full-time inspection services to the contract. In 2007, The Building Department, Inc was purchased by SAFEBUILT Inc. B) The City entered into a Contract with SAFEBUILT Inc. in January of 2008 for inspection services and construction plan review. Essentially, this Contract authorizes an hourly fee to SAFEBUILT of$33.20 for inspection services, a fee of fifty cents (.50¢) per mile for required travel and receipt of 45% of the construction permit fee for commercial plan review services. The Contract also provides a 30 day escape clause for SAFEBUILT or the City to terminate the Contract. C) In August of 2008, SAFEBUILT, Inc. requested a Contract revision for charges for services. The revision outlined several alternatives for payment, but primarily focused on an hourly fee of$60.00 for inspection services, elimination of the mileage fee and retention of the 45% fee for commercial plan review. D) SAFEBUILT has advised the City the present terms of the contract cannot be maintained, and has exercised its 30 day option for contract termination. V. DISCUSSION: A) Staff has conducted an initial analysis of the three alternatives presented by SAFEBUILT and a fourth alternative of using City employees for inspection and plan review services. B) Each of the alternatives presented by SAFEBUILT will increase costs to the City. Of the three contract alternatives presented by SAFEBUILT, the $60 hourly fee and 45% plan review charge (described in B above) represent the most favorable option to the City at this time. C) Staff recommends that the City revise the payment terms of the Contract with SAFEBUILT per the attached Contract Addendum. This will provide an immediate solution and maintain existing levels of service. During the upcoming budget process, staff will present Council with a detailed analysis and recommended course of action which maintains existing service levels at a reasonable cost. This analysis will include the cost and benefit of using City employees for inspection and plan review services. 3(d) CONTRACT ADDENDUM BETWEEN CITY OF PASCO, WASHINGTON and SAFEBUILT WASHINGTON, INC THIS CONTRACT ADDENDUM is entered into this 2& day of October, 2008, by and between the CITY OF PASCO, WASHINGTON(hereinafter"the City") and SAFEBUILT WASHINGTON, INC., a Washington Corporation (hereinafter "SAFEBUILT"). This CONTRACT ADDENDUM modifies paragraph # 7 of the CONTRACT between the City and SAFEBUILT approved by City Council on January 22,2008,and attached. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 7. SAFEBUILT shall be compensated by the City for services as follows: a. For consulting to the City for matters not covered under Subparagraphs(b)and(c)below, SAFEBUILT shall receive the sum of sixty dollars($60)per hour. b. For performing plan reviews for commercial and industrial projects SAFEBUILT shall receive forty-five percent(45%)of the construction permit fee for each project reviewed. For such projects, SAFEBUILT's portion of the permit fees shall be paid on a regular payment schedule to be agreed upon between the parties on a project-by-project basis. c. Project valuations shall be calculated pursuant to the City of Pasco's Building Valuation Data. When this method is not practical, valuations will be established by SAFEBUILT pursuant to industry standard practices. The City of Pasco reserves the right to adjust the valuations on specific projects when needed to address special construction circumstances. All other terms and provisions of the attached CONTRACT approved by City Council on January 22, 2008 remain intact. IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by their duly authorized representatives the day and year first above written. CITY OF PASCO,WASHINGTON SAFEBUILT WASHINGTON,INC. Joyce Olson Mike McCurdie Mayor President APPROVED AS TO FORM: Lee Kerr CONTRACT FOR SERVICES BETWEEN CITY OF PASCO,WASHINGTON and SAFEBUILT WASHINGTON,INC. THIS CONTRACT is entered into this :42-day of-1AnV4t 2008. by and between the CITY OF PASCO, WASHINGTON (hereinafter "the Cit ") and SAFEBUILT WASHINGTON,INC.,a Washington Corporation (hereinafter "SAFEBUILT"). WHEREAS, the City intends to regulate the process for construction and improvements within its boundaries to ensure compliance with its comprehensive plan and with its pertinent ordinances,laws, and regulations and to assure the overall operation of said enforcement; and WHEREAS, SAFEBUILT possesses knowledgeable and experienced persons familiar with the building permitting process, building codes, abatement procedures, and other such related activities ordinarily performed by a jurisdiction's building and code enforcement departments; and WHEREAS, the City wishes to assure itself of the availability of such qualified experts to assist in the administration of the City's building and code enforcement activities and SAFEBUILT is willing to provide such expertise to assist the City in this regard; NOVA',THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SAFEBUILT accepts the relationship of trust and confidence established between it and the City by this Contract. SAFEBUILT covenants with the City to furnish its best skill and judgment and to cooperate with the City in furthering the interests of the City. It agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the review and administration of the building permit application process and administration of the City's laws, ordinances, and regulations relating to the building and code enforcement processes in an expeditious and economical manner consistent with the interests of the City. 2. The City agrees to provide staff needed for the initial permit intake and the final issuance of permits at some pre determined location in the city. 3. The City has the option of exercising any or none of the provisions set forth below at its discretion. 4. The City agrees to forward the initial applications, plans and specifications to SAFEBUILT by fax and/or mail. 5. SAFEBUILT agrees to provide an ICC/1CB0 certified building inspectors on Monday through Fridays of each week, as needed, to conduct inspections for Washington State Building Code compliance of building permits covered under this agreement. Inspectors will not be provided on holidays recognized by the City. 6. SAFEBUILT agrees to act as consultant to the City's officials in matters concerning the operation of the City's building and code enforcement activities when requested by the City. Such activities may include,but are not necessarily limited to, _review of building plans _building inspections _abatement of dangerous buildings _code enforcement _drafting of ordinances Activities may also include working with the City's attorney in enforcing and prosecuting individuals charged with violation of the building codes and related regulations adopted by the City. 7. SAFEBUILT shall be compensated by the City for services as follows: (a) For consulting to the City for matters not covered under Subparagraphs (b) and (c) below, SAFEBUILT shall receive the sum of Thirty-three dollars twenty cents ($33.20)per hour. (b) . For performing plan reviews for commercial and industrial projects SAFEBUILT shall receive forty-five percent (45%)of the construction permit fee for each project reviewed. For such projects, SAFEBUILT's portion of the permit fees shall be paid on a regular payment schedule to be agreed upon between the parties on a project-by-project basis. (c) For calculating valuations and finalizing building permit applications and IBC inspections for projects, SAFEBUILT shall receive Thirty-three dollars twenty cents ($33.20) per hour plus fifty cents (.50) a mile for each mile travel while performing work for the city. (d) Project valuations shall be calculated pursuant to The City of Pasco's Building Valuation Data. When this method is not practical, valuations will be established by SAFEBUILT pursuant to industry standard practices. The City of Pasco reserves the right to adjust the valuations on specific projects when needed to address special construction circumstances. 8. SAFEBUILT shall provide the City with a monthly invoice which contains true and accurate references for each service performed and all time billed including, but not limited to, the name of each plan examiner or inspector, dates and hours worked and mileage accrued performing their duties. 9. The City shall pay SAFEBUILT's invoices with-in thirty day of receipt of SAFEBUILT's billing. SAFEBUILT Agrmrnmt Page 2 of 4 10. SAFEBUILT will carry errors and omissions insurance coverage in the minimum amount of $1 million, as well as liability insurance. SAFEMALT will name the City as additional insured on the liability policy. 11. This contract may be terminated by either party by giving thirty(30) days' written notice to the other party. If this contract is terminated, SAFEBUILT's final invoice shall be paid on the regular scheduled payment date. 12. It is understood and agreed that SAFEBUILT is an independent contractor and is not employed by the City and SAFEBUILT 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. 13. The term of this Contract shall be for a period of one (1) year commencing this Z' day of ri , 2008, and shall automatically renew each year absent notice of one party to the other of intdnt to cancel pursuant to Paragraph 13. 14. Any notice required to be given under this Contract shall be given by certified mail addressed as follows: To the City: Director of Community &Economic Development 525 North 3rd Avenue Pasco, Washington 99301 To SAFEBUILT: 2123 Robertson Drive Richland, Washington 99354 15. This Contract is made and entered into the State of Washington and shall be governed by and construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the breach, enforcement, or interpretation of this Contract, venue shall be placed in Franklin County, Washington, and the prevailing parties shall be entitled to its reasonable attorney fees and costs and additional judgment against the other party. 16. Time is of the essence of this Contract, and there are no other agreements between the parties, either oral or in writing, concerning the subject matter herein. 17. SAFEBUILT shall indemnify the City and its officers, employees and/or agents and bold them harmless from and against any and all claims, suits, and/or actions, loss or dainages resulting form or arising out of the services provided under this Agreement, or from negligent acts or intentional acts or omissions of SAFEBUILT. SAFEBUILT Agreement Page 3 of 4 IN WITNESS WHEREOF, the parties have caused this Instrwnem to be executed by their duly authorized representatives the day and year first above written. CITY OF PASCO, WASHINGTON SAFEBUILT WASHINGTON, INC. Joyce Ols /f Richard R. Mumma Jr. Mayor GNg1= i3✓ n� �) i`�ci�(G APPROVED AS TO FORIM. Lee Kerr SAFEBULT Agreement Page 4 of 4 AGENDA REPORT FOR: City Council October 6, 2008 TO: Gary Crutch Manager Workshop Mtg.: 10/13/2008 Regular Mtg.: 10/20/2008 FROM: Denis Austin, olice Chief SUBJECT: Emergency Communications Consultant I. REFERENCE(S): 1. Contract for Professional Engineering Services, ADCOMM Engineering II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10113: Discussion 10/20: MOTION: I move to approve the contract for consultant services for Emergency Communication Consultant service and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $49,000 IV. HISTORY AND FACTS BRIEF: The City of Pasco recognizes that emergency communications is important to public safety. Our current communication system utilized by the police department is 30+ years old and has required extensive modification over the last year or two. While working at an acceptable level today problems continue to surface. Advancement in technology has far surpassed the Counties present system and while our delivery of dispatching police services has remained the same over the years we recognize the need to examine other options. V. DISCUSSION: The consultant's report will provided the City of Pasco guidance concerning any possible enhancements to the current Police Department's communication system, as well as possible new systems that are available. Radio technology continues to advance, as does federal requirements placed on emergency services to improve such issues as interoperability between systems and agencies. Additionally, Pasco has seen the cost of dispatch services rise significantly over the past several years. This study will provide a look at our existing services, potential new options and provide recommendation as to which options might be best. These recommendations would include what the cost of each option would be. 3(e) Contract for Professional Engineering Services This contract dated between ADCOMM Engineering Company, hereinafter referred to as ADCOMM, and the City of Pasco, hereinafter referred to as Client, covers the following items, as mutually agreed upon. 1. Scope of Services. ADCOMM will provide Client with professional engineering services relating to Dispatch center and radio system options as outlined in Attachment A. It is agreed that the final report as well as all supporting data is the property of the City of Pasco. 2. Time of Performance. Start date January 1, 2009 or sooner, completion of the project 120 days from January 1, 2009. Work will begin on the radio system options as soon as possible. Delays caused by conditions beyond ADCOMM's reasonable control shall, upon mutual agreement from Client, extend the Time of Performance. ADCOMM shall notify Client, as soon as the delay is known. Client shall notify ADCOMM, as soon as events which may delay ADCOMM's performance are known. 3. Compensation and Method of Payment. A. Client agrees to reimburse ADCOMM for the services described in Section 1 in the following manner: Client shall pay ADCOMM for services on a fixed fee basis. The total amount for both labor and expenses for the completion of these tasks shall not exceed $49,000. B. Billing. ADCOMM will bill Client at the completion of the project. ADCOMM will submit an invoice including documentation that states the work completed. Client shall review the invoice to determine whether the task is completed and the amount billed is in conformance with the contract. If Client approves the invoice, Client shall pay ADCOMM within thirty (30) days of the receipt of the invoice by Client. C. Rate Increases. ADCOMM typically increases its hourly rates on January 1 of each year. Client agrees to pay ADCOMM based on the current rate sheet. The fee quoted is valid for the duration of this project. Any subsequent work charged on a time and material basis will be using the ADCOMM 2008 rates. Contract for Professional Services ADCOMM Engineering Company Page 1 4. Confidential Disclosure. ADCOMM will hold confidential all business information obtained from Client or it affiliates or generated in the performance of services under this agreement and identified in writing by client as "confidential." ADCOMM will not disclose such information without Client's consent except to the extent required for (1) performance of services under this agreement; (2) compliance with professional or ethical standards of conduct for preservation of public safety,health, and welfare; (3) compliance with any court order or other governmental directive; and/or; (4) protection of ADCOMM against claims or liabilities arising from performance of services under this agreement. ADCOMM's obligation hereunder shall not apply to information available to ADCOMM prior to this contract, information in the public domain or lawfully acquired on a non-confidential basis from others. 5. Limitations of Liability. All services to be rendered or performed under this agreement will be performed or rendered entirely at ADCOMM's own risk and ADCOMM expressly agrees to hold harmless and indemnify Client and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable costs of defense that they may suffer as a result of claims, demand, actions, or damages to any and all persons or property, costs or judgments against Client for negligent acts which are a direct result from the services to be performed by ADCOMM under this agreement. ADCOMM will not assume liability for action taken by Client and Client agrees to hold ADCOMM harmless against any such liability or claim of liability. In no case shall ADCOMM be responsible for job site safety for any of Client's officers, agents, employees, or any others; for any officers, agents, employees, or guests of any Contractor hired to perform any of construction work that may arise from any of the work ADCOMM performs for client. 6. Changes. Changes may be made to this contract upon mutual agreement of both parties. Changes shall be made in writing, signed by both parties, and included as part of the original contract. 7. Assignment/Subcontractors. A. ADCOMM shall not assign any portion of this agreement without the written consent of Client, and it is further agreed that said consent must be sought in writing by ADCOMM not less than thirty (30) days prior to the date of any proposed assignment. Contract for Professional Services ADCOMM Engineering Company Page 2 B. Any work or services assigned hereunder shall be subject to each provision of this agreement and proper bidding procedures where applicable as set forth by local, state and/or federal statutes, ordinances and guidelines. C. Any technical/professional service subcontract not listed in this agreement, which is to be charged to the agreement must have express advance approval by Client. 8. Nondiscrimination in Employment. A. Client is an equal opportunity employer. B. ADCOMM agrees that it will comply with all federal and state discrimination laws and that it will not discriminate against any employee or applicant on the grounds of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. 9. Relationship of Parties. A. The parties intend that an independent contractor/Client relationship will be created by this agreement. Client is interested primarily in the results to be achieved; the implementation services will lie solely with ADCOMM. No agent, employee, servant or representative of ADCOMM shall be deemed to be an employee, agent, servant or representative of Client for any purpose, and the employees of ADCOMM are not entitled to any of the benefits Client provides for its employees. ADCOMM will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors or otherwise during the performance of this agreement. B. In the performance of the services herein contemplated, ADCOMM is an independent contractor with the authority to control and direct the performance of the details of the work; however, the services contemplated herein must meet the approval of Client and shall be subject to Client's general rights of inspection and review to secure the satisfactory completion hereof. C. In the event that any of ADCOMM's employees, agents, servants or otherwise, carry on activities or conduct themselves in any manner which may jeopardize the funding of this agreement, ADCOMM shall be responsible for taking adequate measures to prevent said employee, agent or servant from performing or providing any of the services contained in this agreement. Contract for Professional Services ADCOMM Engineering Company Page 3 10. Suspension,Termunation and Close-out. If ADCOMM fails to comply with the terms and conditions of this agreement, Client may pursue such remedies as are legally available including, but not limited to, the suspension or termination of this agreement in the manner specified herein. A. Suspension. If ADCOMM fails to comply with the terms of this agreement, or whenever ADCOMM is unable to substantiate full compliance with the provisions of this agreement, Client may suspend the agreement pending corrective action or investigation, effective not less than 7 days following written notification to ADCOMM or its authorized representative. The suspension will remain in full force and effect until ADCOMM has taken corrective action to the satisfaction of Client and is able to substantiate its full compliance with the terms and conditions of this agreement. No obligation incurred by ADCOMM or its authorized representative during the period of suspension will be allowable under the agreement except: 1. Reasonable,proper and otherwise allowable costs which ADCOMM could not avoid during the period of suspension; 2. If upon investigation ADCOMM is able to substantiate complete compliance with the terms and conditions of this agreement, otherwise allowable costs incurred during the period of suspension will be allowed. B. Termination for Cause. If ADCOMM fails to comply with the terms and conditions of this agreement and any of the following conditions exist: 1. The lack of compliance with the provisions of this agreement are of such scope and nature that Client deems continuation of this agreement to be substantially detrimental to the interest of Client; 2. ADCOMM has failed to take satisfactory action as directed by Client or its authorized representative within the time specified by the same; 3. ADCOMM has failed within the time specified by Client or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this agreement; then, Client may terminate this agreement in whole or in part, and thereupon shall notify ADCOMM of the termination, the reasons therefore, and the effective date provided such effective date shall not be prior to notification to ADCOMM. After this effective date, no charges incurred under any terminated portions are allowable. Contract for Professional Services ADCOMM Engineering Company Page 4 C. Terminations for Other Grounds. This agreement may also be terminated in whole or in part as follows: 1. Termination by Mutual Agreement. This agreement may be terminated by the mutual agreement of the parties. Such termination shall be in writing, signed by both parties and shall include the conditions for termination, the effective date and in the case of termination in part, that portion to be terminated. 2. Termination for Lack of Funding. In the event that funding from state, federal or other sources is withdrawn, reduced or limited in any way after the effective date of this agreement, and prior to the normal completion date of this agreement, Client may summarily terminate this agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provision of this agreement. If the level of funding withdrawn, reduced or limited is so great that Client deems that the continuation of the program covered by this agreement is no longer in the best interests of Client, Client may summarily terminate this agreement in whole, notwithstanding any other termination provisions of this agreement. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by Client to ADCOMM. After the effective date, no charges incurred under this agreement are allowable. Client agrees to notify ADCOMM promptly of any proposed reduction in the funding of which Client is notified. ADCOMM agrees that upon receipt of such notice from Client, it shall take appropriate and reasonable action to reduce its spending in the affected funding areas so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. D. Close-out. In the event that this agreement is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by ADCOMM, Client shall make or arrange for payment to ADCOMM of allowable reimbursable costs not covered by previous payment; 2. ADCOMM shall immediately refund to Client any unencumbered balance of funds paid for the budgeted,but unspent for the service(s) terminated; 3. ADCOMM shall submit, within thirty (30) days after the date of expiration of this agreement, all financial, performance and other report required by this agreement; Contract for Professional Services ADCOMM Engineering Company Page 5 4. In the event a financial audit has not been performed prior to closeout of this agreement, Client retains the right to withhold a just and reasonable sum from the final payment to ADCOMM after fully considering the recommendations on disallowed costs resulting from the final audit. 11. Jurisdiction. A. This agreement 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 agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. B. Dispute Resolution. In the event of a dispute arising regarding the breach, interpretation or enforcement of this agreement, the parties shall first meet in a good faith effort to resolve the dispute, either with or without the assistance of a mediator. If the dispute remains unresolved, the dispute shall be resolved by arbitration pursuant to RCW 7.04A and the Court Rules of Mandatory Arbitration. Venue for arbitration shall be in Pasco, Washington and the arbitration award shall include reasonable attorney's fees and costs of the substantially prevailing party assessed as an additional award against the other party. 12. Insurance. I£ required, ADCOMM shall provide to Client a copy of a certificate of Insurance covering General Liability coverage in the amount of$1,000,000, a copy of automobile accident liability and shall certify to notify Client if any change in this insurance status occurs. ADCOMM shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by ADCOMM, their agents, representatives, employees,or subcontractors. ADCOMM shall provide documentation of insurance evidencing: A. Commercial General Liability Insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000) combined single limit per occurrence and two million dollars ($2,000,000) aggregate for personal injury, bodily injury, and property damage. B. Professional Liability Insurance with limits no less than one million dollars ($1,000,000)per occurrence. Any payment of deductible or self-insured retention shall be the sole responsibility of ADCOMM. ADCOMM's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Contract for Professional Services ADCOMM Engineering Company Page 6 13. Intergovernmental Purchasing. ADCOMM agrees to make available to other public agencies as allowed under applicable local and state regulations similar services for the same terms and conditions as outlined in this contract. 14. Contract Renewal. This contract is renewable on a yearly basis by written request of Client. Any changes made in the contract at that time will be made by written contract addendum and signed by both parties. 15. Severability. A. It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision which may conflict therewith shall be deemed modified to conform to such statutory provision. 16. Entire Agreement. The parties agree that this agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated here in are excluded. 17. Waiver of Terms. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this agreement does not constitute a waiver of the provision of this agreement. ADCOMM Engineering Company City of Pasco Joe Blaschka, President (date) Joyce Olson, Mayor (date) Contract for Professional Services ADCOMM Engineering Company Page 7 ATTACHMENT A Statement of Work City of Pasco Dispatch Center Options Study The following statement of work outlines the tasks and deliverables required to complete the City of Pasco Dispatch Center Options Study. 1. Analysis of the current system would include the following tasks: • A comprehensive analysis of existing services, service providers, and costs. • Research existing procedures, protocols, and department mission objectives. • Interviews with first responders to establish the level of effectiveness of the current • System. • A high-level technical audit to determine the type, age, condition, and estimated reliability of communications hardware currently in use. • A high-level FCC radio license review. 2. Research and recommend dispatch alternatives and options: • Overview of other regional dispatch operations and services provided. • Advantages, disadvantages, and best practices of "in-house" dispatch models including startup, sustaining activities, and estimated"one-time" and recurring costs. • High-level analysis of funding strategies available through taxing authorities, grants, and public private partnerships with emphasis on Pasco. • Research interoperable regional radio communications systems in use or planned and suitability for Pasco. • High-level cost comparisons of existing system and feasible options. 3. Evaluation of Radio System Alternatives and a summary report that precedes the final dispatch center option report. 4. Summary of findings and recommendations. Estimated schedule to complete the study is 120 days with a start date estimated to be January 1, 2009. ADCOMM will attempt to start the project earlier, especially the radio system option analysis. The cost will be $49,000 a single fixed fee due at the completion of the project. Contract for Professional Services ADCOMM Engineering Company Page 8 AGENDA REPORT NO. 64 FOR: City Council October 14, 2008 TO: Gary Crutchfi Manager Regular Mtg.: 10/20/2008 Rick White, D ec �7 Community& conomic Development FROM: Jeff Adams, Associate Planner SUBJECT: Wagenaar U.S. Army Reserve Center(MF# INFO 08-025) I. REFERENCE(S): A. Professional Services Agreement with Scope of Work and Fee Schedule B. Statutory Planning Timeline 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/20 MOTION: I move to approve the Professional Services Agreement with Meier Enterprises Inc. and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Use of approximately $40,000 Federal Grant. IV. HISTORY AND FACTS BRIEF: A. The PFC Daniel L. Wagenaar U.S. Army Reserve Center in Pasco was selected for closure under the 2004 round of Base Realignment and Closure (BRAC) as part of the transformation of the Reserve Component in Washington. B. The Port of Pasco initiated the Local Redevelopment Authority (LRA) role but withdrew in January 2008, in view of perceptions that the Port had a conflict of interest. Consequently, the Department of Defense Office of Economic Adjustment requested the City assume the LRA role. C. The Pasco City Council has since approved Resolution 3074 designating the City of Pasco as the LRA. The City intends to essentially start over with outreach and reuse planning to ensure that the process is free of perceived conflicts. D. The City of Pasco received a grant for about $40,000 to defray most of the costs of the BRAC process by contracting for consulting assistance. Staff subsequently requested qualifications from land use and economic development consultants to assist in the planning process. V. DISCUSSION: A. Two consultant submittals were received. City staff evaluated both submittals. Following the evaluation, staff is of the opinion that Meier Enterprises, Inc. is the most qualified firm. Meier is recommended due to specific training and past experience with the Base Realignment and Closure (BRAC) process, familiarity with the current project, and for experience with development issues in the cities of Pasco, Kennewick and Richland. B. Staff recommends Council approve of the attached professional services agreement with Meier Enterprises, Inc. 3(f) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Meier Enterprises, Inc., a Washington Corporation hereinafter referred to as "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to base reuse planning for the PFC Daniel L. Wagenaar U.S. Army Reserve Center. 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 the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. 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 by the Consultant and shall not be considered public records, provided, however,that: A. All final reports, presentations and testimony prepared by the 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. B. The City and the US Office of Economic Adjustment, the US Comptroller General, and any of their authorized representatives shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the 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 contract. The summary of work done shall be prepared at no additional cost. 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 as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$35,000. 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 biweekly 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 and after all other pending matters are closed. Copies shall be made available upon request. D. Access to books, documents, records, and papers, and accounts pertaining to this Agreement shall be made available to the City, the Office of Economic Adjustment, and the US Comptroller General, and any of their authorized representatives for the purpose of making audit, examination, excerpts, and transcriptions. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. Work shall commence upon approval of this contract by the City Council and shall be completed according to the Statutory Planning Timeline found in Exhibit D. 5. Hold harmless agreement. In performing the work under this contract, Consultant agrees to protect, indemnify and save the City, its officials and employees ("City") harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising from the negligent acts of the Consultant, its agent, employees, representatives or subcontractors in the performance of professional services under the terms hereof. Consultant specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Consultant may have under that title with respect to, but only to, the City. Consultant further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This paragraph shall not apply to damages or claims resulting from the sole negligence of the City. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. 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 (As per U.S. Executive Order 11246 of September 24, 1965, U.S. Executive Order 11375 of October 13, 1967& D.O.L. 41 CFR Chapter 60). S. 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 shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract 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. This agreement for professional services may be terminated by the City for cause which may include: A. Abandonment or failure of performance B. Substantial breech uncorrected within fifteen (15) days of written notice. C. Performance falling below the standard care of professional engineering services that remain uncorrected after fifteen (15) days advance written notice, D. Actions violating any State, Federal or local rules, regulations or ordinance. The City may terminate this Agreement upon advance thirty (30) day written notice of loss or insufficient funding for completion of the project, or an election by the City to terminate or not to proceed with this project. Consultant may terminate this Agreement upon substantive breech by the City of its requirements under this Agreement which remain uncured after fifteen (15) days advance written notice. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit C. 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 Exhibit 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-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that 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 contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee (as per Copeland "Anti-Kickback" Act 18 U.S.C. 874). 15. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO P. O. BOX 293 PASCO,WA 99301 Notices to the Consultant shall be sent to the following address: Meier Enterprises, Inc. 8697 Gage Blvd Kennewick, WA 99336 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. 16. General Provisions. For the purpose of this agreement, time is of the essence, In the event a dispute regarding the breech,interpretation, or enforcement of this Agreement, the parties shall first meet in a good faith attempt to resolve or mediate the dispute. In the event, it remains unresolved by mediation, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration. Venue for such arbitration shall be placed in Pasco, Washington, and the prevailing party shall be awarded its attorney fees and costs as additional judgment against the other party. DATED THIS DAY OF , 2008. CITY OF CONSULTANT: By: By: Mayor M.E.I. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney STATE OF WASHINGTON } }ss COUNTY OF } On this day of , 2008_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Exhibit "A" SCOPE OF WORK—Wagenaar Reserve Center, Pasco, WA Task 0: Pre-Project Imperatives • Prepare grant application and apply for Federal assistance Task 1: Project Start-Up • Obtain Consultant assistance (to be completed by City of Pasco staff) • Gather LRA information (with consultant assistance) • Request LRA Recognition • Revise Scope of Work for completing the BRAC process as needed (completed by City of Pasco staff with consultant assistance) Task 2: Develop and implement public involvement process and outreach program • Identify stakeholders • Develop plan for public involvement and outreach to homeless assistance providers and public benefit eligible entities • Coordinate identification of regional homeless agencies with HUD • Collect information on homeless needs in the vicinity of the installation (i.e. Continuum of Care, etc) • Prepare Notice of Availability of Surplus Property (outreach notice)and instructions for submitting Notices of Interest • Conduct outreach to homeless assistance providers and public benefit conveyance eligible entities • Hold public workshop for those interested in submitting a Notice of Interest • Provide Notice of Interest applications and instructions to interested homeless assistance providers Task 3: Analysis and Integration of Existing Conditions Investigations and Surveys • Review Buildings inventory • Review Personal Property inventory • Review Environmental Condition of Property Report (ECP) • Provide input on filling of data gaps Task 4: Planning • Develop goals and vision for reuse of the Wagenaar ARC • Evaluate Notices of Interest from homeless assistance providers and public benefit agencies • Identify approximately 3 reuse alternatives for the site for further evaluation • Evaluate adjacent land uses and compatible development options • Determine uses compatible with environmental condition • Develop draft redevelopment plan: ° Objective of plan: Provide a sustainable, comprehensive plan for redevelopment of property that stakeholders and LRA agree upon. Redevelopment plan contents: a) facility description, b)requirements for Notice of Interest from interested parties, c) public involvement process, d) ? CO 111--' 04' V% OP.K I final 1V iuen�iu� Uentcr Its-08-208) doc PWU_- i01'2 I.&hl }11 iot«I 1 0,8'2008 10:24:00 V-d Exhibit "A" discussion of alternative uses, e) redevelopment plans vs. environmental condition, f) proposed land use, g)preferred option for redevelopment, h) schedule for redevelopment, g) preferred conveyance process. The redevelopment plan should be accompanied by a homeless submission that will include, a)description of the homeless needs in the vicinity of the installation, b) description of outreach process followed, c) evaluation of Notices of Interest received from homeless assistance providers, d) description of homeless accommodations, if any, e) legally binding agreements, if any, reached with homeless assistance providers, and 0 summary of public comments. Redevelopment Plan and Homeless Submission preparation: plan and application to be developed by consultant based on decisions and input provided by LRA. • Hold public hearing to take final comments or remarks • Make use recommendation and finalize redevelopment plan and homeless assistance submission Proposed Schedule: Jun. 4, 2008 OEA recognizes City of Pasco LRA Aug. I-Sep. 1, 2008 Develop public process and outreach program Aug. 1, 2008 Advertise NOI Workshop and Letter to Homeless Agencies Sep. 24, 2008 NOI Workshop Dec. 1, 2008 Advertised NOI acceptance period ends Dec 31, 2008 Maximum 180-day NOI acceptance period ends Jan l- May 30, 2009 Existing Conditions Investigations and Surveys Jan I- May 30, 2009 Develop Property Alternatives Jan 1- May 30, 2009 Refine Concept and develop Preliminary Alternatives Jan 1- May 30, 2009 Prepare Draft Redevelopment Plan Jan 1- May 30, 2009 Make Use Recommendation and Finalize Redevelopment Plan Jun 18, 2009 Public Hearing on Draft Redevelopment Plan July 16, 2009 Public Meeting & Recommendation to City Council Sep 7, 2008 Resolution to City Council Sep 27, 2009 Homeless and PBC applications due Sep 27, 2009 Submit Plan to Army and HUD 0I' '%k ORK I-irlal d0c 1. hl Pl-iilLed i 01 S;2008 0:24:00 ME 1 E R Enterprises, Inc. 8697 Gage Boulevard Kennewick,WA 99336 phone 509.735.1589 fax 509.783.5075 Exhibit B www.meierinc.com October 9, 2008 MEIER GENERAL RATE TABLE CATEGORY BASE RATE Project Manager/Principal Architect 105.00 Architect/Planner 92.00 Designer/Planner 70.00 Technical Editor 55.00 Administrative Assistant 55.00 BASE POINT GENERAL RATE TABLE CATEGORY BASE RATE Planner 99.00 rates are subject to review and change on an annual calendar year basis 10/9/08 MEIER Enterprises, Inc. + . 8697 Gage Boulevard Kennewick,WA 99336 phone 509.735.1589 fax 509.783.5075 wymmeierinc.com October 9, 2008 EXHIBIT C Jeff Adams Associate Planner City of Pasco Community and Economic Development 525 North Third Avenue Pasco WA 99301 RE: PROPOSAL FOR BASE REDEVELOPMENT PLANNING PROCESS WAGENAAR RESERVE CENTER, 1011 E. A.INSWORTH, PASCO, WASf[IN'G'].'ON Dear Jeff- Thank you for your notification that MEIER Enterprises, Inc. (M.EIER) and Base Point have been selected as c011sultants to continue and complete the work for the redevelopment of the PFC Daniel L. Wagenaar Reserve Center site, The work will be in conjunction with the efforts of the City of Pasco,acting as talc Local Redevelopment Authority. The process will be in alignment with the Department of Defense; "Base Redevelopment and Realignment Manual", and in accordance with the Base Closure Community Redevelopment and Homeless Assistance Act of 1994, as amended. Our scope will follow the tasks outlined in "Exhibit A" of the City of Pasco Professional Services Agreement, and the schedule included with the scope of work. The schedule indicates completion with the Final Redevelopment Plan submission to HUD and DoD in late September, 2009. We propose to complete the described work oil a time and expense basis, not to exceed $35,000.00. A rate schedule for MEIER and Base Point is attached, and is considered to be Exhibit B to the Professional Services Agreement. Invoices for accrued labor and expenses will be billed monthly. As mentioned in our original letter of interest, MEIER is excited about the opportunity to assist the City of Pasco, and we look forward to commencement of the work. Sincerely, V& ( - Rick Giberson Dir Projects/Principal Architect RAG:sjm Attachment Proposal No. P08-0297 Letter No. 08-616 ao 0 0 co N = C _ g H W ... °�7`r 2• x � w o o o m o o 'ra � � O N u_i ® �x d C _m m (CD n � t � � L 10 @ 0 d a tt! ifT E C O � 77b J o E co c O O U Q E a o IUD CL o � mQZ N aui � E CL 0 0- 0 3 Z y Q � cn .0 L _C fly V E O 0 of m _ Z � •Y; CC m La IiM r� .rte E5 co N E Q g v a C 06 y wGs Q .6 O QCF)L) Z3 ._ 0 0 w N LU 2 5 O 4 p c O O L7 I iJ on � o 0 z :r m AGENDA REPORT NO. 25 FOR: City Council October 9, 2008 TO: Gary Crutchfi i anager FROM: Robert J. Alb �'�b�is.l�Vorks Director Workshop Mtg.: 10/13/08 Regular Mtg.: 10/20/08 SUBJECT: WSDOT Local Agency Agreement/I-182 Road 100 Interchange Loop Ramp I. REFERENCE(S): i. Proposed Agreement 2. Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/13: Discussion 10/21: MOTION: I move to approve the Local Agency Agreement with WSDOT for the I-182 Road 100 Interchange Loop Ramp on a time and material basis not to exceed $1,779,006.00, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In July 2005 the City and WSDOT entered into an agreement (GCA 4559) for improvements at Broadmoor Blvd. and I-182. The agreement includes the Access Decision Report and the design of the improvements constructed in 2006. V. DISCUSSION: A) The proposed agreement is to continue the improvements that were identified in the 2005 Access Decision Report. The project is to design and construct a new I-182 west bound loop on-ramp from Broadmoor Blvd. The majority of the funds will be federal funds and competitive STP funds. The City will provide approximately $200,000 in matching funds from the Arterial Street Fund. The state requests $69,200 to finish the design and complete the bid document. The schedule is to bid the project in February 2008. The total estimated cost of project is approximately $1.8 million. Staff recommends Council approve the agreement with the fee not to exceed $1,779,006.00. 3(g) LOCAL AGENCY AGREEMENT FOR STATE AD AND AWARD AGREEMENT NUMBER, GCA 5871 CITY of PASCO/I-182; Road 100 Interchange- SW LOOP RAMP This Agreement is made and entered into between the STATE OF WASHINGTON, Department of Transportation, hereafter the "STATE," and CITY of PASCO., hereinafter the "LOCAL AGENCY." WHEREAS, the LOCAL AGENCY has secured funding for improvement of the I-182/ Road 100 Interchange to add the SW Loop Ramp (hereinafter, Project), and WHEREAS, the LOCAL AGENCY previously requested and the STATE modified this interchange by design and construction of other modifications and including completion of an Access Point Decision Report securing Federal approval to add this loop ramp through a previous Agreement, GCA 4559, and WHEREAS, the LOCAL AGENCY now requests the STATE to secure permits and design approvals, prepare Plans, Specifications and Estimate (PS&E), advertise and, if bid is acceptable, award and administer the construction of the Project, and WHEREAS, the STATE has agreed to perform the requested work on behalf of the LOCAL AGENCY, NOW, THEREFORE, pursuant to RCW 47.28.140 and in consideration of the provisions, covenants, terms, conditions and performance contained herein or attached and incorporated.and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1 Term of Agreement 1.1 Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is entered into and shall continue until the Project is accepted by the LOCAL AGENCY pursuant to Section 9 and all Project related costs are reimbursed to the STATE. 2 Design 2.1 The LOCAL AGENCY will review and approve the Project PS&E prior to contract advertisement for bid. 2.2 The Project PS&E will be prepared by the STATE in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction (Standard Specifications), and amendments thereto and adopted design standards, unless otherwise noted herein. Agreement GCA 5871 Page 1 of 9 Pasco—Rd 100 I/C Loop Ramp 2.3 The STATE will obtain all necessary permits. 2.4 The STATE will prepare the contract documents. 3 Project Ad and Award 3.1 The STATE will advertise the Project for construction bids in accordance with the STATE's Standard Specifications and/or amendments thereto. 3.2 The Project cost estimate for construction is shown in Exhibit A, attached hereto and by this reference made a part of this Agreement. 3.3 Upon bid opening, the STATE shall submit a list of bid tabulations and bid results to the LOCAL AGENCY prior to award of the Project. 3.4 In the event bids exceed the Project cost estimate, the STATE shall request written concurrence in contract award or rejection from the LOCAL AGENCY. The LOCAL AGENCY shall provide written concurrence in contract award within 15 working days of receipt of the STATE's written request for concurrence. If the LOCAL AGENCY does not notify the STATE within fifteen (15) working days, or as mutually extended in writing, the STATE will reject all bids. The LOCAL AGENCY shall be responsible for all costs incurred by the STATE, including design costs, up to and including costs associated with rejection of bids. 3.5 If the Project is to be re-advertised, the provisions of this Agreement shall still apply between the LOCAL AGENCY and the STATE. All additional costs for re-advertisement of the Project shall be the LOCAL AGENCY's obligation. 4 Construction 4.1 The STATE will be the LOCAL AGENCY's representative during construction and will act as lead agency in the administration of the construction Project. A description of the work to be accomplished on the Project and location of the Project is shown in Exhibit B, attached hereto and by this reference made a part of this Agreement. The Project Contract Plans and Specifications are by this reference made a part of this Agreement as if fully attached herein. The STATE has designated a STATE Project Engineer to provide all necessary services and tools, including but not limited to construction administration, inspection, materials testing, and the representation necessary to administer and manage the construction contract for the Project to ensure that the work is constructed in accordance with the Contract Plans and Specifications. 4.2 The LOCAL AGENCY may consult with and inquire of the STATE Project Engineer, attend all meetings, and have access to all documentation as Agreement GCA 5871 Page 2 of 9 Pasco—Rd 100 UC Loop Ramp to all matters concerning the Project. The LOCAL AGENCY shall not provide direction, directly or indirectly to the contractor. All formal contacts between the LOCAL AGENCY and the STATE's contractor shall be through the STATE's representative. 4.3 The STATE will prepare the final construction documentation in general conformance with the STATE Construction Manual. The STATE will maintain one set of plans as the official "as-built" set, then make notations in red ink of all plan revisions typically recorded per standard STATE practices, as directed by the Construction Manual. Once final acceptance of the Project has occurred, the STATE will submit one reproducible set of as-built plans to the LOCAL AGENCY within 45 working days. 5 Termination 5.1 This Agreement shall terminate upon completion of the work and acceptance of the Project pursuant to Section 9, or if the Parties determine that Project continuation is no longer feasible pursuant to Section 8.8. 5.2 The Governor or Secretary of Transportation (Secretary) may terminate this Agreement without liability in whole, or from time to time in part, for public convenience, whenever: 5.2.1 The STATE is prevented from proceeding with the work as a direct result of an Executive Order of the President of the United States of America(President) with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State of Washington with respect to the preservation of energy resources. 5.2.2 The STATE or STATE's contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the STATE or STATE's contractor. 5.2.3 The Governor or Secretary determines that such termination is in the best interests of the STATE. 5.3 If this Agreement is terminated, any claim by the STATE's contractor for costs associated with the termination shall be processed and resolved pursuant to Section 10. 6 Payment and Records 6.1 The LOCAL AGENCY, in consideration of the faithful performance of the construction administration work to be done by the STATE, agrees to reimburse the STATE for all of the STATE's actual direct salary and related Agreement GCA 5871 Page 3 of 9 Pasco—Rd 100 I/C Loop Ramp direct non-salary costs associated with the Project construction administration work, said cost obligation shall commence on the day of bid advertisement. Further, the LOCAL AGENCY, in consideration of the faithful performance of the construction work to be performed by the STATE's contractor, agrees to reimburse the STATE all construction cost, including all costs associated with change orders and change ordered work. 6.2 An itemized cost estimate for construction of the Project is set forth in Exhibit A. The cost of the construction includes items set forth in the bid documents. Construction contingencies of 4% shall be used for cost increases, including any change orders. Construction engineering of 15% shall include all STATE costs incurred in advertising, awarding and administering the Project construction. 6.3 The STATE will hold progress cost estimate review meetings with the contractor as needed. The STATE will invite the LOCAL AGENCY to participate in these reviews. The LOCAL AGENCY may audit the STATE's payment applications and all costs in connection with the Project. STATE's overhead cost recovery rate will not be charged pursuant to the Reciprocating Agreement for Overhead Charges agreement OH 00172, executed on June 3, 1996. 6.4 The STATE shall invoice the LOCAL AGENCY for STATE costs and construction work. The LOCAL AGENCY agrees to make payment to the STATE to cover the costs incurred within thirty (30) days after invoice receipt, except for the final invoice. Invoices and payments are not to be more frequent than one (1) per month. 6.5 Payments made by the LOCAL AGENCY shall not constitute the LOCAL AGENCY's acceptance of the appropriateness of any cost item. At the time of final invoice, all required adjustments will be made and reflected in the final payment. 6.6 Records: During the progress of the work, the STATE shall keep all Project records. Upon LOCAL AGENCY's acceptance of the Project, the STATE shall provide the LOCAL AGENCY with all Project Records, and the LOCAL AGENCY agrees to maintain the Project records for a period of not less than three (3) years from the date of receipt. The records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the LOCAL AGENCY and/or federal government, and copies of all records, accounts, documents, or other data pertaining to the work will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. Agreement GCA 5871 Page 4 of 9 Pasco--Rd 100 I/C Loop Ramp 6.7 The LOCAL AGENCY agrees to the STATE's use of previously authorized Federal SAFETEA-LU funds for preliminary and construction engineering and to provide 2009 Federal STP(U) funds for use by STATE for construction expenses including construction administration that exceed the available SAFETEA-LU funds. 6.8 The LOCAL AGENCY agrees to pay Local Match on Federal STP(U) funds. 6.9 The LOCAL AGENCY agrees that if payment for the work is not made within ninety (90) days after receipt of a STATE invoice, the STATE may deduct and expend any monies to which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund, as provided by RCW 47.24.050, until full payment for the work is received by the STATE. 6.10 The LOCAL AGENCY agrees that it shall be solely liable for all construction contractor costs and shall hold harmless the STATE from the payment of any of said costs. Further, the LOCAL AGENCY agrees that it shall be liable for all STATE costs incurred, including reasonable attorneys fees, should the LOCAL AGENCY fail to pay construction contractor costs. 7 Increased Costs 7.1 In the event unforeseen conditions require an increase in costs over the contract award amount (including sales tax) by more than 10 percent, the LOCAL AGENCY agrees to amend this Agreement to cover said increase. 8 Change Orders 81 Changes to the contract will be documented by change order as defined in the current edition of the Standard Specifications, and amendments thereto, 8.2 Required change orders involve such changes in quantities or alterations in the work as are necessary to satisfactorily complete the Project as determined by the STATE. All other change orders shall be considered elective. The STATE shall process all required change orders in the manner as set forth in subsection 1-2.4C(3), Approval of Changes, STATE Construction Manual, current edition. 8.3 The LOCAL AGENCY hereby authorizes the STATE to initiate, negotiate, document and execute all required change orders. 8.4 The STATE will advise the LOCAL AGENCY of any proposed required change order and provide it with an opportunity, if time permits, to review the change order before execution. The STATE will determine the length of the review time based upon the need to expedite the change order to avoid delay to the Project. Agreement GCA 5871 Page 5 of 9 Pasco—Rd 100 IIC Loop Ramp 8.5 Any elective change order shall require the written approval of the LOCAL AGENCY. A decision to execute an elective change order shall be made by mutual agreement of the STATE and LOCAL AGENCY. 8.6 The LOCAL AGENCY may request additions to the contract (elective change orders) through the STATE. The STATE will comply with the requested change provided that the change complies with the Standard Specifications, Project permits, state and/or federal law and applicable rules and/or regulations and/or design policies. 8.7 The STATE will make available to the LOCAL AGENCY all change order documentation. 8.8 In the event it is determined that the LOCAL AGENCY does not have sufficient funds to complete the Project, the STATE and the LOCAL AGENCY shall negotiate to determine the future of the Project. If it is determined that the Project cannot proceed, the Project shall be brought to a level that is safe for public use and the STATE will terminate the construction contract. In the event the contract is terminated under this section, Section 9 shall apply for that portion of the Project up to the time of termination. All costs associated with construction contract termination will be the responsibility of the LOCAL AGENCY. 9 Project Acceptance 9.1 Prior to Project acceptance, the STATE and LOCAL AGENCY will perform a joint final inspection. The LOCAL AGENCY agrees, upon satisfactory completion of the work involved and receipt of Notice of Physical Completion, as determined by the STATE, to deliver a letter of acceptance which shall include a release of the STATE from all future claims or demands of any nature resulting from the performance of the STATE's work and the construction work under this Agreement, subject to any contractor claims for the construction work or contractor claims caused by the negligent acts or omissions of the STATE in administering the Project pursuant to Section 10.1. 9.2 If a letter of acceptance is not received by the STATE within 90 days following Notice of Physical Completion of the Project work, the STATE's work and the construction work shall be considered accepted by the LOCAL AGENCY and shall release the STATE and contractor from all future claims and demands of any nature resulting from the performance of the STATE's work and construction work, subject to any contractor claims for the construction work or contractor claims caused by the negligent acts or omissions of the STATE in administering the Project pursuant to Section 10.1. 9.3 The LOCAL AGENCY may withhold its acceptance of the STATE's work and/or construction work by submitting written notification to the STATE within 90 days following Notice of Physical Completion of the work. This notification shall include the reason(s) for withholding the acceptance. Agreement GCA 5871 Page 6 of 9 Pasco —Rd 100 I/C Loop Ramp 10 Claims 10.1 Claims for Additional Payment 10.1.1 In the event the contractor makes a claim for additional payment, the STATE will immediately notify the LOCAL AGENCY of such claims. Such claims shall be made in the manner and form as provided for in the Standard Specifications. 10.1.2 The LOCAL AGENCY shall have the right to review and discuss the settlement of all claims. The ultimate decision to pay a claim will be by mutual agreement of the LOCAL AGENCY and the STATE. In the event such claims are not resolved, the LOCAL AGENCY shall defend such claims at its own cost and shall pay any court judgment or arbitration award resulting from such claims, provided that the LOCAL AGENCY shall not be obligated to pay such claims or the cost of defense to the extent that the claims are caused by the negligent acts or omissions of the STATE in administrating the construction contract. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense of the claim(s). The LOCAL AGENCY shall reimburse any STATE costs incurred in providing such assistance. 10.2 Claims for Damages 10.2.1 After Project acceptance, in the event of claims for damages or loss attributable to bodily injury, sickness, death, or injury to or destruction of property that occurs within the Project limits, the LOCAL AGENCY shall defend such claims and hold the STATE harmless therefrom and the STATE shall not be obligated to pay any such claim or the cost of defense. Nothing in this section, however, shall remove from the STATE any responsibilities defined by the current laws of the State of Washington or from any liabilities for damages caused by the STATE's own negligent acts or omissions independent of the work performed under this Agreement. 11 Disputes 11.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: 11.2 The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board, these two members shall select a third member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The cost of the third member will be paid by the LOCAL Agreement GCA 5871 Page 7 of 9 Pasco —Rd 100 VC Loop Ramp AGENCY; however, each Party shall be responsible for its own costs and fees. 12 General Provisions 12.1 Right of Entry and Ownership of the Project 12.1.1 The LOCAL AGENCY hereby grants to the STATE a right of entry upon all land in which the LOCAL AGENCY has an interest for the purpose of constructing the Project and, if necessary, maintaining the improvements prior to Project acceptance. 12.1.2 Upon completion of the Project, ownership of all improvements and facilities located on the LOCAL AGENCY's right of way shall be the LOCAL AGENCY's and all future operation and maintenance of the LOCAL AGENCY's improvements and facilities shall be at the sole cost of the LOCAL AGENCY and without expense to the STATE. 12.2 Modification 12.2.1 No modification of this Agreement is valid unless evidenced in writing by amendment to this Agreement and signed by both Parties. No verbal agreement may supersede, replace or amend this Agreement. 12.3 Assignment 12.3.1 Neither Party to this Agreement shall transfer or assign any right or delegate any obligation hereunder without the prior written consent of the other Party. 12.4 Severability 12.4.1 Should any section, term or provision of this Agreement be determined to be invalid, the remainder of this Agreement shall not be affected and the same shall continue in full force and effect. 12.5 Legal Relations 12.5.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their employees, authorized agents, and/or contractors, while acting within the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; Provided that, if such claims, suits, or actions result from the concurrent negligence of(a) the STATE, its Agreement GCA 5871 Page S of 9 Pasco —Rd 100 I/C Loop Ramp employees, authorized agents, or contractors and (b) the LOCAL AGENCY, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees, authorized agents, and/or contractors. 12.5.2 The LOCAL AGENCY agrees that its obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the LOCAL AGENCY, by mutual negotiation, hereby waives with respect to the STATE only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of chapter 51.12 RCW. 12.5.3 This indemnification and waiver shall survive the termination of this Agreement. 12.5.4 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County superior court. Further, the Parties agree that each will be solely responsible for payment of their own attorneys fees, witness fees, and costs. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below. LOCAL AGENCY WASHINGTON STATE CITY of PASCO DEPARTMENT OF TRANSPORTATION By: Print Name Don Whitehouse, Regional Administrator Signature Date Title Date Agreement GCA 5871 Page 9 of 9 Pasco —Rd 100 I/C Loop Ramp AGREEMENT GCA 5871 EXHIBIT A-COST ESTIMATE I-182/ROAD 100 INTERCHANGE-SW LOOP RAMP 1-182, MP 6.3 TO MP 7.4 PRELIMINARY ENGINEERING ESTIMATE Date: August 2008 WORK DESCRIPTION Days Time(Hr) Rate Total Hydraulic Report Engineer 15 120 $47 $5,640.00 Region Review 5 40 $50 $2,000.00 Headquarter Review 5 40 $55 $2,200.00 Interchange Plan Engineer 5 40 547 $1,880.00 Cadd Operator 5 40 $42 $1,680.00 Region Review 3 24 $50 $1,200.00 PS&E Engineer 3 10 80 $50 $4,000.00 Engineer 2 20 160 $47 $7,520.00 Cadd Operator 30 240 $42 $10,080.00 Region Review 20 160 $50 $8,000.00 Traffic Office Signal Revision Est $6,000.00 Illumination Revision Est $2,000.00 Signing Revision Est $2,000.00 HQ PS&E Review and Publication PS&E Review,Print&Advertise Est $10,000.00 Enviromental Program Complete NEPA/review Existing Documentation Est S5,000.00 Total Preliminary Engineering Estimate $69,200.00 Agreement GCA 5871 Exhibit A Page 1 of 3 AGREEMENT GCA 5871 EXHIBIT A - COST ESTIMATE I-182/ROAD 100 INTERCHANGE-SW LOOP RAMP I-182, MP 6.3 TO MP 7A CONSTRUCTION ESTIMATE Date: August 2008 STD ITEM UNIT ITEM NO. NO. ITEM UNIT PRICE QUANT. AMOUNT PREPARATION 1 0001 MOBILIZATION LS S75,096.00 2 0025 CLEARING AND GRUBBING ACRE $2,500.00 11.40 $28,500.00 3 0090 REMOVING CEMENT CONC,PAVEMENT SY $30.00 448.00 $13,440.00 GRADING 4 0310 ROADWAY EXCAVATION INCL.HAUL CY $6.75 41,500.00 $280,125.00 5 0470 EMBANKMENT COMPACTION CY $2.00 10,900.00 $21,800.00 DRAINAGE 6 3482 CL V REINS CONC.STORM SEWER PIPE 18 IN DIAM. LF $45.00 732.00 $32,940.00 SURFACING 7 5100 CRUSHED SURFACING BASE COURSE TON $11.00 11,275.00 $124,025.00 ASPHALT CONCRETE PAVEMENT 8 5767 HMA CL.112 IN.PG.64-28 TON $80.00 5,650.00 $452,OW.00 9 5830 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALL. * $13,560.00 10 5835 COMPACTION PRICE ADJUSTMENT CALC. * $9,040.00 EROSION CONTROL 11 6414 SEEDING,FERTILIZING,AND MULCHING ACRE $1,200.00 11.40 $0,680.00 TRAFFIC 12 6776 PRECAST CONC.BARRIER TYPE 2 LF $28.00 1,936,00 $54,208.00 13 6781 TEMPORARY CONCRETE BARRIER LF $12.00 3,640.00 $43,680.00 14 7440 TEMPORARY IMPACT ATTENUATOR EACH $3,500.00 2.00 $7,000.00 15 6832 FLEXIBLE GUIDE POSTS EACH $24.00 106.00 $2.544.00 16 6806 PAINT LINE LF $0.20 30,725.00 $6,145.00 17 6858 PAINTED STOP LINE LF $6.00 168.00 $1,008,00 18 6990 PERMANENT SIGNING L.S. $10,000.00 1.00 $10,000.00 19 6904 ILLUMINATION SYSTEM LS. $50,000.00 1.00 $50,000.00 20 6912 TRAFFIC SIGNAL SYSTEM(Additional cos[) LS. $60,OW.00 1.00 $60,000.00 21 6956 SEQUENTIAL ARROW SIGN HR $3.00 300 $900.00 22 6973 OTHER TEMPORARY TRAFFIC CONTROL L.S. $2,000.00 1 $2,000.00 23 6980 FLAGGERS AND SPOTTERS HR $35.00 400 $14,000.00 24 6974 TRAFFIC CONTROL SUPERVISOR L.S. $1 O,OW.00 1 $10,000.00 Agreement CCA 5871 Exhibit A Page 2 of 3 AGREEMENT GCA 5871 EXHIBIT A-COST ESTIMATE I-182/ROAD 100 INTERCHANGE-SW LOOP RAMP I.182, MP 6.3 TO MP 7.4 CONSTRUCTION ESTIMATE(Con'd) Date: August 2008 STD ITEM UNIT ITEM NO, NO. ITEM UNIT PRICE QUANT. AMOUNT OTHER ITEMS 25 7725 REIMBURSEMENT FOR THIRD PARTY DAMAGE EST. $5.00 26 7728 CREDIT/DEBITS-MINOR CHANGE CALC. -81.00 41.0() 27 7735 SPCC PLAN L.S. $1,000.00 $1,000.00 SUBTOTAL W/O MOBILIZATION $1,251,600.00 MOBILIZATION@ 6% $75,096.00 SUBTOTAL WITH MOBILIZATION $1,326,696.00 SALES TAX @ 8.3% $110.1 16.00 SUBTOTAL $1,436,812.00 ENGINEERING @ 15% $215,522.00 CONTINGENCES @ 4% $57,472.00 CONSTRUCTION TOTAL ESTIMATE $1,709,806.00 PRELIMINARY ENGINEERING TOTAL ESTIMATE $69,200.00 TOTAL AGREEMENT COST ESTIMATE(Preliminary and Construction) $1,779,006.00 (See EXTRA WORK clause)If it is anticipated that this threshold will be exceeded,the Project Manager must initiate an Amendment to this Agreement prior to incurring expenses above the Agreement Total Threshold Amounl. Notes: The above Construction Engineering&Administration percentage is an estimate only. Actual direct salary and direct non- 1,) salary ousts incurred will be charged,not to exceed the Agreement Total Threshold Amount 2.) Administrative Overhead=Not Applicable,see Reciprocal Overhead Agreement OH00172. Agreement GCA 5871 Exhibit A Page 3 of 3 tu (f URE w j i y o N bo CA i 0 ■ R f � W ,i ,11 •111� : � 00 5 uj 4 1 ,^�'��: •:+111',`+.. � G m Q'f �"�`• �i"� ��•'.��',`' `� `•1'1�1', Ci < _ /i 2_.-a z X071/./ �•'� :�l�, '�� 07 � �� 9� s ''i �� `+-��,�� ,1 v � 11`•. x' `!y ,`\;. � a� \•, tai a 4 11 \\ 4e\ �c��'fit,;,• ` '.,`\.', W r` •'` ul w.1lU AGREEMENT GCA 05871 EXHIBIT B - Plans and Specifications CITY OF PASCO I-182; Road 100 Interchange-Loop Ramp The work proposed under this Agreement contemplates the improvement of I-182, Road 100 Interchange by adding the SW Loop Ramp, a collector distributor lane at the west end of the interchange and modify the existing traffic signal system to fit the revised roadway configuration. Work to be Performed by the State 1. Design and secure all approvals and documentation for the improvements. 2. Prepare all contract documents for advertisement of the Project. 3. Advertise, Award, and Execute the contract for construction of the Project. 4. Administer the construction of the Project. 5. Provide all surveying, and inspection, for the Project. Work to be performed by the Local Agency 1. Review and approve PS&E prior to contract advertisement. 2. Review and approve/reject contract bids if they exceed the engineer's estimate. 3. Review and approve/disapprove any major changes to contract documents. 4. Reimburse the State for all actual direct salary and related direct non-salary costs, including contract payments to the contractor, associated with the Project. The LOCAL AGENCY and the STATE have identified the following individuals as project engineers: STATE PE LOCAL AGENCY PE Moe Davari, P.E. Bob Alberts, P.E. 1655 Fowler P.O. Box 293 Richland, WA 99350 Pasco,WA 99301 Phone: 509 222-2400 Phone: 509 545 3444 Agreement GCA05871 Exhibit B Sheet 1 of 2 Sheets • A I 100 AND RAMPS ♦ , SANDIFUR SIGNAL �' �`F'.�1,"y�•C�� y�;�{��iy,,, .,w i• � w '` .c .i.!T b...i•••� l!� .is } r •a�1.� . ,�,:. �4� l .�1 y_.. d. i�� �� . �R 'his :9 i'' ' ` 'd•::' ''y`� i k' } Y� - �� y� 1i• ,�'it+'}•S•:.I-., , Yf o• , }• !��.;„�.•[: .rs�/ J�•. •,-�'-Yi'fn M._' � { .� ♦f H F: 0 4•'' �s,�:='at",. i''»°,� .r./,� � '" z;;yr,- "W x �.. �i i�'k,p,��'''�}tt :�1,`}, r �r � � a•� �A7 `°f�F �e �' f1F �t 1. -ys a� r'" .:,,� S `v n. -. �:.\ ..... •5.3yµ i {p+� .st;..+.' M. '�• ,..,,r.......ii�- �yrlr 1�.t�"�,� _ ,=�__ } ,.��,..r A L •3uiww�jLi� i, � 4. { �'•r1-.13 :sr .!"+`' 1a�t,� r;'{+.-.^wr•..r ry h 3'0.•,3o-S�`h..,.uT,��S'� r�? �{ LIM ?rir. � t?, � .. .. . '`.. ,�lir .� - . ;.•, ry•riwNidi^s, p,y`,ye,,(!�+�"', u1t �� r�{',�y. r'1 `�µLL�. .. � i �,,{ �a...: ,�„q„3 ,,, •. ' . f �{.. f ,: /���, '. r •`fib ••.,,,b..aT , met JJJ AAA •a ..� �{bra,. _^.a.�-�.._�.,�'�.:.� 3 '� F ?�aJ :•'�R _ii.Lt"� �� 'ri^..:- e3 ��``^"`^V.v �N �nnslF'::w SZ •.� .;.+F��?fDY' �3 "�* y y .. lam'- l � -�y'��y r•1 hl �'i� Y "r ■•'i11+T' rR�%W ar Acl' t 1j! •� •' ro. s.. .. wM 1� tt1Mn4 fit, �11�!R�_+'► 'Y l' j` - n . '?�. " ,: .�i � l .+.. �,�_il•�.�.r,R..a`�diF�•r��le�'lc•!ltr�' ,+] 1 � wur� b 'y .;,1;f= :! � ( 1 � a:tR ,s�! 't[/« -i--�•�-i�.'_^!^- S r t � r•i.r..-w• � °� eM AGENDA REPORT NO. 36 FOR: City Council September 29, 2008 TO: Gary Crutchfi Manager Robert J. Albe s, lic Works Director FROM: Michael McS4*Engineer Regular Mtg.: 10/20/08 SUBJECT: Accept Sewer ULID #143, Project#06-1-08 1. REFERENCE(S): 1. Resolution H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10120: MOTION: 1 move to approve Resolution No.3(1 a accepting the work performed by Watts Construction, Inc., under contract for the Sewer ULID #143, Project #06-1-08. 111. FISCAL IMPACT: L.I.D. Fund IV. HISTORY AND FACTS BRIEF: A) On November 5, 2007, Council awarded the Sewer ULID #143, Project #06-1-08 to Watts Construction, Inc. for$2,040,668.50 plus applicable sales tax. V. DISCUSSION: A) The final project cost was $2,215,182.60, plus applicable sales tax. The overage was principally due to additional paving resulting from wider trenches than anticipated in the project design; and also unforeseen circumstances with the waterline upgrade and working around unknown existing utilities. In addition, two streets (Willow Way and Road 101) were paved wider than original design, so as to eliminate gravel shoulders adjacent to sidewalks. The work is now complete and staff recommends acceptance of this work. 3(h) RESOLUTION NO.3-10— A RESOLUTION ACCEPTING WORK PERFORMED BY WATTS CONSTRUCTION, INC. UNDER CONTRACT FOR THE SEWER ULID #143, PROJECT #06-1-08. WHEREAS, the work performed by WATTS CONSTRUCTION, INC., under contract for the Sewer ULID #143, Project #06-1-08, 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 WATTS CONSTRUCTION, INC., under contract for the Sewer ULID #143, Project #06-1-08, 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 20th day of October, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 63 FOR: City Council October 13, 2008 TO: Gary Crutchfie ana er Regular Mtg.: 10/20/08 Rick White, Diiconomic f r �1� Community & Development FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION: A portion of E.Washington St. & S. Gray Ave. and the E/W alley in Block 5, Gray's East Riverside Addition (MF# VAC08-010) I. REFERENCE(S): 1. Proposed Resolution and Vicinity Map 2. Vacation Petition IL ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/20: MOTION: I move to approve Resolution No. 13r J , fixing 7:00 p.m., November 17, 2008 as the time and date for a public hearing to consider the proposed vacation. IILFISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. Roger Swigart, the owner of two parcels on South Gray Avenue has petitioned to vacate a portion of South Gray Avenue, a portion of East Washington and the East/West alley in Block 5, Gray's East Riverside Addition. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is November 17, 2008. 3(i) RESOLUTION NO. 3 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT-OF-WAY ADJACENT BLOCK 5, GRAY'S EAST RIVERSIDE ADDITION. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the East 10 feet of South Gray Avenue and the North 10 feet of East Washington adjacent Block 5, Gray's East Riverside Addition, together with the East/West alley in said Block 5, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on November 3, 2008. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney r 4) o a) * room( 4) > Cid co o � � v a co V �_ FEE $200 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # Q. " O W DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: T iy OKKTP t.� X.,4= APPLICANT: PROPERTY OWNED (Legal Description) Print Nameq, :.,>. OA /lZ y0Z- 0/'� Sign Name: r-U- Address: 3 rgs!lt,�G Phone # 531- 0S/c Date I� r y Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT NO. 38 FOR: City Council September 30, 2008 TO: Gary Crutchfi Manager Robert J. Albe Cc Works Director FROM: Michael MCSh*Engineer Regular Mtg.: 10/20/08 SUBJECT: Accept Road 84/Argent Sewer and Water Improvements, Project#07-1-06 I. REFERENCE(S): 1. Resolution 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/06: MOTION: I move to approve Resolution No. '3 i t 1 q accepting the work performed by Rotschy, Inc., under contract for the Road 84/Argent Sewer and Water Improvements, Project#07-1-06. 1I1. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On February 19, 2008, Council awarded the Road 84/Argent Sewer and Water Improvements, Project#07-1-06 to Rotschy, Inc. for$774,647.89. V. DISCUSSION: A) The final project cost was $720,215.91. The work is now complete and staff recommends acceptance of this work. 3(j) RESOLUTION NO. 3 1 l 1 A RESOLUTION ACCEPTING WORK PERFORMED BY ROTSCHY, INC. UNDER CONTRACT FOR THE ROAD 84/ARGENT SEWER AND WATER IMPROVEMENTS, PROJECT#07-1-06. WHEREAS, the work performed by ROTSCHY, INC., under contract for the Road 84/Argent Sewer and Water Improvements, Project #07-1-06, 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 ROTSCHY, INC., under contract for the Road 84/Argent Sewer and Water Improvements, Project #07-1-06, 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 20th day of October, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH SEPTEMBER 2008 CASH BASIS YTD %OF YTD TOTAL % OF 2008 2008 ANNUAL 2007 2007 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,257,896 5,503,000 59.2% 2,811,306 5,077,608 55.4% SALES 6,844,484 8,050,000 85.0% 6,460,862 8,652,647 74.7% UTILITY 5,829,950 7,070,000 82.5% 5,162,482 6,788,746 76.0% OTHER 722,736 940,000 76.9% 686,372 908,784 75.5% LICENSES & PERMITS 1,224,000 970,900 126.1% 1,492,237 1,708,999 87.3% INTERGOV'T REVENUE 1,282,689 1,186,500 108.1% 1,072,744 1,348,642 79.5% CHARGES FOR SERVICES 1,843,986 2,598,500 71.0% 1,968,926 2,534,636 77.7% FINES&FORFEITS 667,111 874,900 76.2% 710,584 951,007 74.7% MISC. REVENUE 640,093 853,300 75.0% 748,710 1,031,475 72.6% OTHER FINANCING SOURCES 31,526 133,000 237% 185,113 192,405 96.2% TOTAL REVENUES 22,344,471 28,180,100 79.3% 21,299,336 29,194,949 73.0% BEGINNING CASH BALANCE 6,455,578 6,000,000 5,574,230 5,574,230 TOTAL SOURCES 28,800,049 34,180,100 84.3% 26,873,566 34,769,179 77.3% EXPENDITURES: CITY COUNCIL 81,016 115,325 70.3% 73,672 95,638 77.0% MUNICIPAL COURT 802,013 1,113,625 72.0% 734,885 1,019,344 72.1% CITY MANAGER 574,473 670,400 85.7% 497,159 674,083 73.8% POLICE 7,811,593 10,223,061 76.4% 7,349,085 9,976,604 73.7% FIRE 3,153,395 3,855,500 81.8% 2,804,539 3,748,069 74.8% ADMIN &COMMUNITY SVCS 3,852,666 5,092,640 75.7% 3,524,595 4,727,687 74.6% COMMUNITY DEVELOPMENT 830,784 1,080,695 76.9% 1,055,442 1,335,287 79.0% ENGINEERING 932,860 1,176,600 79.3% 717,075 993,182 72.2% MISC. NON-DEPARTMENT 3,245,647 5,398,010 60.1% 2,947,882 4,640,790 63.5% LIBRARY 844,587 1,161,010 72.7% 830,383 1,102,917 75.3% TOTAL EXPENDITURES 22,129,034 29,886,866 74.0% 20,534,717 28,313,601 72.5% ENDING FUND BALANCE 4,293,234 6,455,578 TOTAL EXPEND AND END FUND BAL 34,180,100 34,769,179 AVAILABLE CASH BALANCE 6,671,015 6,338,849 PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS 75.0% Authorized but non-budget expenditures of $179,850 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(h) AGENDA REPORT FOR: City Council October 8, 2008 TO: Gary Crutchfie anager FROM: Stan Strebel, A ministrw v and Community Workshop Mtg.: 10/13/08 Services Director - Regular Mtg.: 10/20/08 SUBJECT: Cemetery Sales Financing Options, Adjustments to Fees and Charges I. REFERENCE(S): A. Proposed Ordinance amending Cemetery payment options and fees. B. Proposed Price List C. Ordinance No. 3454 IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/13: Discussion 10120: Motion: I move to adopt Ordinance No. amending Sections 2.48.140, 2.48.180 and 3.07.060 of the Pasco Municipal Code regarding Cemetery payment options and fees and authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Sales at the City cemetery for plots, services and other products are close to $300,000 annually through 150-175 different purchases. Approximately 52% of the total sales volume is paid in cash at the time of the sale — with the balance of sales contracts financed. B) The City offers two financing options, both requiring 1/3 down: 1) 60 days—same as cash and 2) 12 month financing with interest charged at I%per month. About two-thirds of the contracts financed are for 12 months. C) We are experiencing an increasing number of delinquencies with contract repayments recently. (We currently have 12 such contracts — about $16,000 turned over to Washington Collectors for follow-up.) D) Staff anticipates with a tightening economy and natural growth in the City, that we will experience a growing number of delinquencies with purchase contracts. Options for limiting the City's exposure in the future include: 1) Increasing the required down payment. 2) Accepting credit cards only for those who do not pay cash. 3) Applying more credit history information to the decision to allow customers to finance purchases. E) Staff notes that we have few problems with the 60 day contracts (frequently used when insurance policies are pending) but suggests that an increase in the down payment amount to 50% may be prudent as a way to limit some exposure to delinquency. The primary exposure is with 12 month contracts which staff recommends be discontinued. F) Our cemetery customer service representative estimates that 50% of customers ask if they can use credit cards. Accepting credit cards for cemetery purchases will 8(a) allow the City to eliminate the need to finance sales contracts longer than 60 days. If 50% of our purchases were by credit card we would experience charges from the card companies of roughly $4,500 per year. This could be offset by a modest increase in the cemetery rates and sales charges. (Any increase would have to apply to all sales as we cannot apply a higher price to goods and services purchased by credit card under card company rules.) G) Staff does not recommend increased credit history activity as it becomes time consuming, costly and intrusive. H) Staff recommends allowing the use of credit cards for cemetery goods and services and discontinuation of city financed sales contracts over 60 days, effective January 1 st. Since it has been nearly two years since cemetery fees and charges were adjusted, an inflation/market adjustment is also in order. Staff proposes a general increase of approximately 7% to cover inflationary cost increases and the anticipated chargeback costs for allowing credit cards. I) In 2000, the Council adopted Ordinance No. 3454 (attached) which sets forth base fees and charges for the cemetery and authorizes the City Manager to offer additional products and services (owing to the variety of possible products and changing prices) consistent with the base fees and market conditions after 10 days notice to the Council. While we have followed this practice, the Ordinance has not been codified. Staff recommends that these provisions be included in the PMC for convenient further reference. J) The attached price list, which includes a number of package options, is tied to the base fees and the cost of resale goods or market conditions, as noted. Staff suggests these changes also be effective January I" K) The attached, proposed Ordinance adjusts the payment options, increases the base fees and codifies the existing price setting procedure. Staff recommends adoption by Council. ORDINANCE NO. 3881 AN ORDINANCE of the City of Pasco, Washington, amending Sections 2.48.140, 2.48.180 and Section 3.07.060 of the Pasco Municipal Code regarding payments and fees for Cemetery goods and services. WHEREAS, The City Council of the City of Pasco, Washington, has determined that certain amendments regarding payment for Cemetery goods and services are necessary. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: (deletions by interlineations, additions by underlining) Section 1. That Section 2.48.140 of the Pasco Municipal Code is hereby amended to read as follows: 2.48.140 PAYMENT FOR L0-T8 n M NICHES CEMETERY GOODS AND SERVICES. All le4s, cemetery_goods and services must be paid for in cash or by credit card, either at the time of sale, or before burial, provided, however, upon application made to the City, lets or niehes goods and services may be sold on time, not exceeding *..elve M^^*''° sixty days; provided, that the purchaser thereof shall make a cash or credit card down payment of no less than one-thud half of the total purchase price and shall give a note therefore, payable to the City, and running for a period of not more than twelve meet 60 with sureties to be approved by the City. Such note at the time of sale, and execution thereof, shall be filed with the City Manager or his designee for collection. Failure to pay the note and the contract on a regular and consistent basis shall make the total callable. Interest shall be charged at the rate of one percent per month on all accounts not paid in full within sixty days of purchase (Ord. 3384 Sec. 1, 1999; Ord. 2420 Sec. 1, 1982; Ord. 2398 Sec. 1, 1982; Ord. 1459 Sec. 13, 1971.) Section 2. That Section 2.48.180 of the Pasco Municipal Code is hereby amended to read as follows: 2.48.180 CHARGES FOR LOTS, NICHES AND OTHER GOODS AND SERVICES. The City Council shall from time to time, by ordinance, provide for the setting of base charges and fees for cemetery goods and services as it deems appropriate. The City Manager is authorized to offer additional products and services, to set fees or charges therefore to combine goods and services for vackage sales and quantity discounts as in his jud ment are consistent with the base fees and in line with market conditions. The City Manager shall im lement such fees and char eg s only following 10 days notice to the City Council Section 3. That Section 3.07.060 of the Pasco Municipal Code is hereby amended to read as follows: 3.07.060 CEMETERY: Base fees and charges. (Other fees and charges set based on market conditions.) A) Charge for lots exclusive of endowment Fee/Charge Reference care 1) Baby $30:99 Ord. 3881 $250.00 2) Adult and Juvenile $610.00 Ord. 3881 $650.00 3) Urn $315. Ord. 3 881 $340.00 4) Urn (on existing grave) $160.08 Ord. 3 881 170.00 B) Charge for lots exclusive of endowment care 1) Niche with urn $580.00 Ord. 3881 940.00 C) Charges for Burials, Inurnment 1) Baby $400. Ord. 3881 450.00 2) Adult and Juvenile $650.90 Ord.3881 $725.00 3) Urn (burial) $250. Ord. 3881 275.00 4) Niche (inurement) $250.00 Ord. 3881 $275.00 D) Charges for Disinterment: 1) Baby $490:98 Ord. 3881 $450.00 2) Adult and Juvenile $650.09 Ord. 3881 $725.00 3) Urn $250:99 Ord. 3881 $275.00 4) Niche $250:09 Ord. 3881 275.00 E) Charges for Endowment Care: 30% of cost Ord. 3881 Section 4. This ordinance shall take effect and be in force on January 1, 2009, after its passage and publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of , 2008. Joyce Olson, Mayor ATTEST. APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney City View Cemetery Base Rates adopted as per Ordinance 3881. Effective January 1,2009. New Section/Flat Monuments Adult Urn Lot $610.00 $650.00 Lot $3:79.0 $395.00 Endowment Care 183:50 195.00 Endowment Care 1-11.09 118.50 Open and Close 6-580 725.00 Open and Close 2-50.00 275.00 Liner 625.00 675.00 Liner 14000 150.00 Tax 8.3%(liner only) 6 i.88 56.03 Tax 8.3% 41 0. 12.45 Total $2,1 $2,301.03 Total $882-62 $950.95 Urn Old Section/Upright Monument Lot $319.90 $340.00 Endowment Care 9430 102.00 Adult Open and Close 268-00 275.00 Lot $530.00 $890.00 Liner 440.00 150.00 Endowment Care 249.00 267.00 Tax 8.3% 11 6 , 12.45 Open and Close 659.00 725.00 Total $811.12 879.45 Liner 625.00 675.00 Tax 8.3%(liner only) 34-8 56.03 New Section/Upright Monument Total $2,4Q 2 613.03 Adult Baby Lot $780.00 $840.00 Lot $230.08 $250.00 Endowment Care 334.00 252.00 Endowment Care 69.00 75.00 Open and Close 650.08 725.00 Open and Close 400.00 450.00 Liner 625.00 675.00 Liner 220.08 235.00 Tax 8.3%(liner only) 51-.88 56.03 Tax 8.3%(liner only) 4$26 19.51 Total $2,9 2 54 48.03 Total $937.26$1,029.51 Old Section/Flat Monuments Urn Lot $3:70-88 395.00 Adult Endowment Care 443.00 118.50 Lot $715.00 $765.00 Open and Close 290.00 275.00 Endowment Care 214.20 229.50 Liner 440.00 150.00 Open and Close 650.00 725.00 Tax 8.3% i i.62 12.45 Liner 625.08 675.00 Total $882.62 $950.95 Tax 8.3% (liner only) 61.88 56.03 Total $2,450.53 Urn Add to existing grave $4650 $170.00 Baby Endowment Care 48.08 51.00 Lot $290.08 $250.00 Open and Close 250.00 275.00 Endowment Care 64-80 75.00 Liner 440-00 150.00 Open and Close 40000 450.00 Tax 8.3% 11-.62 12.45 Liner =0 00 235.00 Total $609.62 $658.45 Tax 8.3% (liner only) 18.26 19.51 Total $9376 1 029.51 Niches- Single Setting permanent memorial (cont'd) Niche $880.9 $940.00 3 x 1 223-89 240.00 Endowment Care 264.09 282.00 4 x 1 240.09 255.00 Inurnment 2580 9 275.00 5 x 1 230.00 265.00 Inscription 170.09 180.00 6 x I 300.00 320.00 Vase 66:08 70.00 Tax 8.3% ---1-049 20.75 Vases Total $1,649.59$1,767.75 Perma vase $75.09 $80.00 Setting 25.00 Niches-Double Niche $444-09 1225.00 Vaults $8899 $900.00 Endowment Care 284.09 367.50 Inurnment 2380 0 275.00 Juvenile Liner $350.0 $375.00 Double Inscription 2700 9 290.00 Final Date 460.0 170.00 Inscriptions 2°1 Inumment 239.9 275.00 Niche front inscription Vase 66-99 70.00 (single) $170.0 $180.00 Tax 8.3% 41.17 43.99 Niche front inscription Total $2;465.7 2 716.49 (double) 270.09 290.00 Niche front inscription Veterans Lots $580.0 $620.00 (extra wording- Endowment Care 174.0 $186.00 per letter) 4-45 1.65 $754.0 $806.00 Niche front inscription (emblem) 6400 70.00 Disinterment Baby $490.00 $450.00 Cenotaph Inscriptions Adult and Juvenile 650.09 725.00 Single inscription $215.00 $230.00 Urn 250.0 275.00 Endowment Care 29.80 25.00 Niche 250.0. 275.00 Two line inscription 415.00 445.00 (Not including removal of liners or vaults) Endowment Care 300 35.00 Three line inscription 5859 625.00 Setting permanent memorial Endowment Care 40.00 45.00 Veterans Memorial $29809 $215.00 2 x 1 200.00 215.00 Additional Burial Charges: Saturday and Monday through Friday before 8:00 a.m. and after 5:00 p.m. -$330.09 $375.00 Holiday or Sunday-$600.90$645.00(8350:90$375.00+$23890$270.0 0 Holiday/Sunday charge) Overtime Cost-When a service begins after 2:00 p.m. (regardless of the time scheduled) if clean-up duties require City workers beyond 4:00 p.m.,there will be an additional charge of$70.00 per hour based on costs for the caretaker and helper. Approved: Date: City Manager 1 ORDINANCE NO. 3454 AN ORDINANCE of the City of Pasco, Washington, establishing base fees for goods and services at the City View Cemetery. WHEREAS, the City Council of the City of Pasco, Washington, has determined that it is necessary to establish certain base fees for goods and services at City View Cemetery and to establish a process whereby other fees may not be established; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Cemetery Base Fees and Charges. The following base fees and charges are hereby established for goods and services at City View Cemetery. Charge for Lots. The cost of all lots shall be as follows, exclusive of endowment care: Baby $200.00 Adult and Juvenile 550.00 Urn 300.00 Urn(on existing grave) 50.00 Charge for Niches. The cost of niches shall be as follows, exclusive of endowment care. Niche with urn $880.00 Charge for Burials, lnurnment. The charges for burials shall be as follows: Baby $200.00 Adult and Juvenile 450.00 Urn (burial) 150.00 Niche(inurnment) 150.00 Charges for Disinterment. The cost of disinterment shall be as follows: Baby $200.00 Adult and Juvenile 450.00 Urn 150.00 Niche 150.00 Charges for disinterments do not include removal of liners or vaults. Charge for Endowment Care. The charge for endowment care shall be as follows: 30% of the cost of each lot or niche. Section 2, Other Cemetery Fees and Charges. The charges for goods and services established in prior sections of this ordinance shall be the base fees for the respective goods and services. The City Manager is authorized to offer additional products and services, to set fees or charges therefore, to combine goods and services for package sales and quantity discounts as in his judgment are consistent with the base fees and in line with market conditions. The City Manager shall implement such fees and charges only following 10 days notice to the City Council. Section 3. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at a regular meeting this 18`x' day of December, 2000. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland S. Kerr, City Attorney List of Additional Cemetery Fees and Charges Liners. Baby liners $150.00 Adult and Juvenile liners 400.00 Urn 100.00 $r,Wng Permanent Monuments. Veterans' monument $150.00 2' x 1' approximately 150.00 3' x 1' approximately 175.00 4' x 1' approximately 185.00 5' x 1' approximately 195.00 6' x 1' approximately 225.00 Larger size monuments will be charged proportionately. Vases, Peoria vases $70.00 Setting 25.00 Bionden vases 66.00 Setting 10.00 Inscriptions. Niche front inscription (single) $170.00 Niche front inscription(double) 270.00 Niche front inscription (extra wording) 1.55 per letter Niche front inscription (emblem) 65.00 Cepolaph Inscriptions. Single inscription $215.00 Endowment Care 20.00 Two line inscription 415.00 Endowment Care 30.00 Three line inscription 585.00 Endowment Care 40.00 AGENDA REPORT NO. 24 FOR: City Council October 2, 2008 TO: Gary Crutchfi Manager FROM Robert J. Alb lic Works Director Workshop Mtg.: 10/13/08 Regular Mtg.: 10/20/08 SUBJECT: Proposed Franchise for PacifiCorp I. REFERENCE(S): 1. Proposed Franchise Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/13: Discussion 10/20: MOTION: I move to adopt Ordinance No. , approving the Franchise with PacifiCorp, and further authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The current PacifiCorp Franchise Agreement executed in November of 1998 is nearing expiration. The new franchise agreement will replace the old. V. DISCUSSION: A) The new PacifiCorp Franchise Agreement outlines the conditions for PacifiCorp to operate their system in the City of Pasco within the areas shown in Exhibit A. Staff is unaware of any past issues causing the City and PacifiCorp to be in conflict. Staff recommends approval of the new franchise agreement. 8(b) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING TO PACIFICORP, AN OREGON CORPORATION DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN AN ELECTRICAL POWER TRANSMISSION AND DISTRIBUTION SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS-OF-WAY OF THE CITY OF PASCO, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, PacifiCorp, an Oregon Corporation, d.b.a. Pacific Power ("PacifiCorp"), is a regulated public utility that provides electric power and energy to the citizens of the City of Pasco (the "City") and other surrounding areas shown in Exhibit A; and WHEREAS, providing electrical power and energy requires the installation, operation and maintenance of power poles and other related facilities to be located within the public ways of the City shown in Exhibit A; and WHEREAS, the City desires to set forth the terms and conditions by which PacifiCorp shall use the public ways of the City; and WHEREAS, the City Council has the authority under RCW 35A.47.040 to grant franchises for the use of its streets and other public properties. NOW, THEREFORE, be it ordained by the City: SECTION 1. Grant of Franchise and General Utility Easement. The City hereby grants to PacifiCorp the right,privilege and authority to construct, maintain, operate, upgrade, and relocate its electrical distribution and transmission lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission lines, and communication lines (collectively referred to herein as "Electric Facilities") in, under, along, over and across the present and future streets, alleys, and public ways (collectively referred to herein as "Public Ways") within the City, for the purpose of supplying and transmitting electric power and energy to the inhabitants of the City and persons and corporations beyond the limits thereof. PacifiCorp shall apply for and obtain a Construction Permit pursuant to PMC Chapter 12.2 prior to site-specific location and installation of any and all such electrical power facilities. All other Franchises heretofore granted by the City to PacifiCorp or its predecessors in interest of which it has acquired for utilization of streets, avenues, right-of-way, roads, alleys, lands or other public places within the City for electrical power, are cancelled and superseded in their entirety by this Franchise SECTION 2. Term. The term of this Franchise and General Utility Easement is for 10 (ten) years commencing on the date of acceptance by the Company as set forth in Section 3 below. SECTION 3. Acceptance by PacifiCorp. Within sixty (60) days after the passage of this ordinance by the City, PacifiCorp shall file an unqualified written acceptance thereof, with the City Recorder, otherwise the ordinance and the rights granted herein shall be null and void. SECTION 4. Non-Exclusive Franchise. The right to use and occupy the Public Ways of the City shall be nonexclusive and the City reserves the right to use the Public Ways for itself or any other entity that provides water or sewerage service to City residences; provided, however, that such use shall not unreasonably interfere with PacifiCorp's Electric. Facilities or PacifiCorp's rights granted herein. SECTION 5. City Regulatory Authority. In addition to the provision herein contained, the City reserves the right to adopt such additional ordinances and regulations as may be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties or exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of Washington, the Iaws of Washington or City Ordinances. SECTION 6. Indemnification/Insurance. 6.1 IndemnifieatiEoiCi The City shall in no way be`liable or responsible for any loss or damage to property or any injury.to, or death, of any person that may occur"in the construction, operation or maintenance by PacifiCorp of its Electric Facilities. PacifiCorp shall indemnify, defend and hold the City`harmless'from and against'claims, demands, liens and all liability or damage of whatsoever kind on account of PacifiCorp's use of the Public Ways within the City, and shall pay the"costs of defense plus reasonable attorneys' fees for any claim, demand or lien brought:thereunder. The City shall:(a) give prompt written notice to PacifiCorp of any claim, deman&or lien with respect to which the City seeks indemnification hereunder; and (b) unless in the City's judgment a conflict:of interest exists between the City and PacifiCorp with respect to such claim, demand or lien, permit PacifiCorp to assume the defense of such claim, demand, or lien with counsel,satisfactory to City. If such defense is not assumed by PacifiCorp, PacifiCorp shall not be subject to liability for any settlement made without its consent. Notwithstanding any provision hereof to the contrary, PacifiCorp shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or willful act or failure to act of the City or any of its officers or employees. 6.2 Insurance. During the term of this Franchise, PacifiCorp shall maintain in full force and effect, at its own cost and expense, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by PacifiCorp, its agents, representatives, employees, or subcontractors. 2 PacifiCorp shall provide a certificate of insurance naming the City, its officials, boards, commissions, agents, and/or employees as additional insureds evidencing: (1) automobile liability insurance with limits no less than $2,000,000.00 combined single limit per accident for bodily injury and property damage; and (2) commercial general liability insurance written on a claims first-made basis with limits no less than $2,000,000.00 per claim and $4,000,000.00 general aggregate for personal injury, bodily injury, and property damage. Coverage shall include, but not be limited to blanket contractual, products/completed operation, broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability. PacifiCorp's insurance shall contain a clause stating.that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. PacifiCorp's insurance shall be primary insurance with respect to the City, and any insurance maintained by the City shall not contribute with it. Paci.Corp shall file a certificate of insurance required by this Section with the City upon acceptance of this Franchise. The insurance policy and certificate shall contain a provision stating that it may not be canceled, suspended, or reduced in coverage without thirty (30} days advance written notice to the City. In the event that the policy is canceled, suspended, or reduced in coverage, PacifiCorp shall provide a replacement certificate evidencing the insurance coverage required by this Section at least fifteen (15) days prior to the cancellation, suspension, or reduction in coverage of the existing policy. PacifiCorp shall have the right to satisfy the insurance obligations set forth above through a program of self-insurance: SECTION 7 Annexation. 7.1 Extension of City Limits: Upon the annexation of any territory to the City, the rights granted herein shall-extend to the annexed territory to the extent the City has such authority. All Electrical Facilities owned, maintained, or operated by PacifiCorp located within any public ways of the annexed'territory shall thereafter be subject to all of the terms hereof. 7.2 Annexation. When any territory is approved for annexation to the City, the City shall, not later than ten (l0) working days after passage of an ordinance approving the proposed annexation, provide by certified mail to PacifiCorp: (a) each site address to be annexed as recorded on county assessment and tax rolls; (b) a legal description of the proposed boundary change; and (c) a copy of the City's ordinance approving the proposed annexation. The notice shall be mailed to: 3 PacifiCorp Customer Contact Center Attn: Annexations P.O. Box 400 Portland, Oregon 97202-0400With a copy to: PacifiCorp Attn: Office of the General Counsel Suite 2000 825 N E Multnomah Portland, Oregon 97232 Additional or increased fees or taxes, other than ad valorem taxes, imposed on PacifiCorp as a result of an annexation of territory to the City shall become effective on the,effective date of the annexation if notice is given to PacifiCorp by certified mail not later than ten (10) working days after the effective date of the annexation. However, if notification of the effective.date of the annexation is provided to PacifiCorp later than the tenth (10`h) working day after the effective date of the annexation, the additional or increased fees or taxes will become effective on the date of the notification. SECTION 8. Planning,Design, Construction-and Installatiorrof Company Facilities. 8.1 All Electric Facilities installed or used under.authority of this Franchise shall be used, constructed and maintained in accordance with applicable federal, state and city laws, codes and regulations. 8.2 Except in the case of an emergency, PacifiCorp shall, prior to commencing new construction or,major reconstruction work in the public way or street or other public places, apply for a-pernit from,the City which permit shall not be unreasonably withheld, conditioned, or delayed. PacifiCoip"will abide by all applicable ordinances and all reasonable rules, regulations and requirements:of the City, and the City may inspect the manner of such work and require remedies as may be 'iecessary to assure compliance. Notwithstanding the foregoing, PacifiCorp shall not be obligated to obtain a permit to perform emergency repairs. 8.3 All Electric Facilities shall be located so as to cause minimum interference with the Public Ways of the'Cty'and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable rules, ordinances and regulations of the City. 8.4 If, during the course of work on its Electrical Facilities, PacifiCorp causes damage to or alters the Public Way or public property, PacifiCorp shall (at its own cost and expense and in a manner approved by the City) replace and restore it to a condition comparable to that which existed before the work commenced. 8.5 In addition to the installation of underground electric distribution lines as provided by applicable state law and regulations, PacifiCorp shall, upon payment of all charges 4 provided in its tariffs or their equivalent, place newly constructed electric distribution lines underground as may be required by City ordinance. 8.6 The City shall have the right without cost to use all poles and suitable overhead structures owned by PacifiCorp within Public Ways for City wires used in connection with its fire alarms, police signal systems, or other communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City for a public purpose and shall not include the provision of CATV, intereet, or similar services to the public. Provided further, that PacifiCorp shall assume no liability nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the City shall be in such a manner as to prevent safety hazards or interferences with PacifiCorp's use of same. Nothing herein shall be construed.to require,PacifiCorp to increase pole size, or alter the manner in which PacifiCorp attach"es its equipment to poles, or alter the manner in which it operates and maintains its Electric Facilities. City attachments shall be installed and maintained in accordance with the reasonable requirements of PacifiCorp and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City attachments shall be attached or installed only after written approval by PacifiCorp. 8.7 PacifiCorp shall have the right to excavate the Public Ways subject to reasonable conditions and requirements of the City. Before installing new underground conduits or replacing existing underground conduits, PacifiCorp"shall first notify the City of such work and shall allow the City, at its own expense, to share the trench of PacifiCorp to lay its own conduit therein, provided that such action by the City will not unreasonably interfere with PacifiCorp's Electric Facilities or delay project completion. 8.8 Before comrnencmggfany street improvements or other work within a Public Way that may affect PacifiCorp's"ElectrkFaei ities,the City shall give written notice to PacifiCorp. 8:9 No structures, buildings or signs shall be erected below PacifiCorp's facilities or in a location that prevents PacifiCorp from accessing or maintaining its facilities. SECTION 9. Relocation of Electric Facilities. 9.1 The City reserves the right to require PacifiCorp to relocate overhead Electric Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within a reasonable period of time after written notice, PacifiCorp shall promptly commence the overhead relocation of its Electrical Facilities. Before requiring a relocation of Electric Facilities, the City shall, with the assistance and consent of PacifiCorp, identify a reasonable alignment for the relocated Electric Facilities within the Public Ways of the City. The City shall assign or otherwise transfer to Company all right it may have to recover the cost for the relocation work and shall support the efforts of PacifiCorp to obtain reimbursement. 9.2 PacifiCorp shall not be obligated to pay the cost of any relocation that is required or made a condition of a private development. If the removal or relocation of facilities is caused 5 directly or otherwise by an identifiable development of property in the area, or is made for the convenience of a customer, PacifiCorp may charge the expense of removal or relocation to the developer or customer. For example, PacifiCorp shall not be required to pay relocation costs in connection with a road widening or realignment where the road project is made a condition or caused by a private development. In such event, the City shall require the developer to pay PacifiCorp for such relocation costs as part of its approval procedures. SECTION 10. Subdivision Plat Notification. Before the City approves any new subdivision and before recordation of the plat, the City shall mail notification of such approval and a copy of the plat to PacifiCorp: PacifiCorp Attn: Property Management/Right-of-Way Department 825 NE Multnomah, Suite 1700 Portland, Oregon 97232 SECTION 11. Vegetation Management. PacifiCorp or its contractor may prune all trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate within or outside the Public Ways, to prevent the branches or limbs or other part of such trees or vegetation from interfering with PacifiCorp's Electrical -Facilities. Such pruning shall comply with the American National Standard for Tree Care Operation (ANSI A300) and be conducted under the direction of an arborist certified with the International Society of Arboriculture. A growth inhibitor treatment may be'used for trees and vegetation species that are fast-growing and problematic. Nothing contained;in this Section.shall prevent PacifiCorp, when necessary and with the approval of the owner of the property on which they may be located, from cutting down and removing any trees which overhang streets. SECTION. 12 "Renewal. At least 180 days'prior to the expiration of this Franchise, PacifiCorp and the..City shall agree to either extend the term of this Franchise for a mutually acceptable period of time or the parties shall use best faith efforts to renegotiate a replacement Franchise. SECTION 13:: No Waiver.' ':Neither the City nor PacifiCorp shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees;;;or agents, upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. SECTION 14. Transfer of Franchise. PacifiCorp shall not transfer or assign any rights under this Franchise to another entity, except transfers and assignments by operation of law, unless the City shall first give its approval in writing, which approval shall not be unreasonably withheld; provided, however, inclusion of this Franchise as property subject to the lien of PacifiCorp's mortgage(s) shall not constitute a transfer or assignment. SECTION 15. Amendment. At any time during the term of this Franchise, the City, through its City Council, or PacifiCorp may propose amendments to this Franchise by giving thirty(30) days 6 written notice to the other of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the City and PacifiCorp and formally adopted as an ordinance amendment. SECTION 16. Non-Contestability--Breach of Contract. 16.1 Neither the City nor PacifiCorp will take any actionJor the purpose of securing modification of this Franchise before either the Washington. Utility and Transportation Commission or any Court of competent jurisdiction; provided, however, that neither shall be precluded from taking any action it deems necessary to resolve difference:in interpretation of the Franchise nor shall PacifiCorp be precluded from seckng•relief from the'Courts in the event Washington Utility and Transportation Commission orders, rules or regulations:conflict with or make performance under the Franchise illegal. 16.2 In the event PacifiCorp or the City fails to fulfill'any of their respective obligations under this Franchise, the City, or PacifiCorp, whichever the case may be, will have a breach of contract claim and remedy against the other in addition to any other remedy provided by law, provided that no remedy which would have the'effect of amending the specific provisions of this Franchise shall become effective without such action which would be necessary to formally amend the Franchise. SECTION 17. Recovery of Costs. PacifiCorp shall be subject to all applicable permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City as set forth in the Pasco Municipal Code and/or City ordinance. The City reserves the right to impose and collect from PacifiCorp all taxes, fees and charges permitted by RCW 35:21.860 as currently or hereafter amended or otherwise provided by state law. SECTION 18. Abandonment and Removal of PacifiCor 's Electrical Power Distribution Facilities: , Upon the expiration ov termination of this Franchise and consistent with the provisions of PMC Section 15.70.260, PacifiCorp shall remove all of its electrical power distribution facilities from the public ways of the City within one hundred eighty (180) days of receiving written notice from the Public Works Director. Except as specifically provided by PMC Title 15, PacifiCorp shall not be allowed to abandon any of its electrical power distribution facilities within the public ways of the City or upon public property subject to this Franchise. SECTION 19. Forfeiture and Revocation. The rights granted under this Franchise may be revoked or forfeited as provided in Chapter 15.90 of the Pasco Municipal Code; provided, that the City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling 7 PacifiCorp to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of PacifiCorp's failure to comply. SECTION 20. Dispute Resolution. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in good faith effort to resolve the dispute, however, if unresolved, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration. Venue shall be placed in Franklin County, Washington, and the prevailing party shall be awarded attorney fees and costs. SECTION 21. Repealer. Upon the effective date of this Ordinance and acceptance of such Ordinance and Franchise by PacifiCorp, Ordinance No 3318 shall be repealed in its entirety. SECTION 22. Notices. Unless otherwise specified herein, any notices or information required or permitted to be given to the parties under this Franchise shall be sent to the following addresses: Cit-V PacifiCorp Director of Public Works Customer and`Community Affairs CITY OF PASCO Vice President' PO Box 293 PACIFIC POWER Pasco WA 99320 825 NE Multnomah Lloyd Center Tower Suite 2000 Portland OR 97232 and such other office as PacifiCorp may advise the City of by written notice. SECTION 23. Severability. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or'federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term.of the Franchise or any renewal or renewals thereof. PASSED by the City Council of the City of , Washington this day of -) 200—. Joyce Olson, Mayor 8 ATTEST: APPROVED AS TO FORM: Debra. L. Clark, City Clerk Leland B. 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I . . .......................... 90131 SL... 1 V ODD 517 1 ��y — i 1 1111 v too 8 L 4f i09131 .cs V,4s8 $��- — 00•i01 N E � k z-v 0013E ,SC _ ab�4 .... OP-101 y cb\`D 8 s ip ' 4,Q9 .seAr�'7a6 1AP. f �l I ia -IJ 4. 71 I j ql�i A313 100d 10MON 139V 11 ,a l+ AGENDA REPORT FOR: City Council October 15, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, A min'strative and Community Services Dire Regular Mtg.: 10/20/08 SUBJECT: Library Remodel and Temporary Closure I. REFERENCE(S): 1. Proposed Agreement 2. Letter from Library Executive Director 3. Closure Schedule II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: -10/20: Motion: I move to approve the First Addendum to the Library Services Contract with the Mid-Columbia Library District for remodeling at the Pasco Library and further, authorize the City Manager to sign the document. III. FISCAL IMPACT: $105,000 (2008 budget) IV. HISTORY AND FACTS BRIEF: A) The 2008 budget includes $150,000 for upgrades to the Public Library including replacement of old inefficient windows, interior paint and electrical upgrades to. allow for the installation of additional computers which the Mid-Columbia Library has planned to install. B) Installation of the windows has been completed for a cost of approximately $45,000. Staff has prepared the attached agreement which outlines the process and payment responsibilities for the contracting of the remainder of the work. As the building is owned by the City, it is prudent for the City to call for bids and oversee the construction. The Mid-Columbia Library will fund the cost of the required construction in excess of the City's commitment of$105,000. C) The project is being advertised for bids with bid opening scheduled for October 29. Therefore, in order to move the project forward, it is prudent to have the addendum in place. The project architect estimates that the Library may have to be closed for up to 2 months in order to complete the construction and painting. The electrical upgrades require the relocation of book shelves, cutting the concrete floor, patching and carpet replacement and the installation of wiring. D) Mid-Columbia Library proposes to provide services during the closure through the use of the bookmobile on the premises and at Cyber Stop, per the attached. 10(a) FIRST ADDENDUM TO LIBRARY SERVICES CONTRACT THIS ADDENDUM made and entered into this day of October, 2008, by the Mid- Columbia Library, an intercounty rural library district of Benton and Franklin Counties, by and through the Board of Trustees of the same, duly organized and existing under the laws of the State of Washington, hereinafter called the "District," and the City of Pasco, Washington, a municipal corporation, hereinafter called"City." WHEREAS, the District and the City have been operating successfully under a Contract dated December 3, 2001, whereby the District has furnished complete library service to the City in return for funds provided by the City as the parties agreed upon from time to time in the light of the then-existing State Laws; and WHEREAS, improvements to the facilities of the Library are necessary to keep it customer friendly. The additional upgrades include: electrical upgrades to accommodate additional computer stations; remodeling of the interior facilities including the customer service desk and interior painting; and WHEREAS, the City and the District find for the mutual benefit of all and to the citizens of the City, to give the best library service to the greatest number of people and to make it convenient for the City residents to have full use of the library materials and facilities; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. General Conditions. Section II of the Library Services Agreement is amended to read: II. General Conditions: A. The City and the District agree that the necessary improvements to the Library are: 1) To provide electrical upgrades to accommodate additional computer stations, 2) Remodel the customer service desk, and 3) To paint interior walls and ceilings. Therefore, the City agrees to pay One Hundred Five Thousand Dollars ($105,000) towards the improvements. The District agrees to provide the balance of the necessary funding to complete the improvements of the library contingent upon District's approval of the contract award to a qualified contractor. B. The City agrees to solicit bids from qualified contractors and supervise the construction contract and the construction of the improvements. When the City receives the bids for the construction contract, the City will first consult with the District to determine the amount of funding required by District for the project. Upon Agreement between City and District, City will award the contract. C. The District agrees to pay its share of the amounts under the construction contract within thirty (30) days of receipt of billing by the City. 2. Dispute Resolution. Section XIII of the Library Services Contract is amended to read as follows: XIII. Dispute Resolution: Should any dispute arise concerning the interpretation, enforcement, breach or default of this Agreement, the parties shall first meet in good faith attempt to resolve or mediate the dispute. In the event it remains unresolved by mediation, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration. Venue for such arbitration shall be placed in Franklin County, Washington, and the prevailing party shall be awarded is attorney fees and costs as additional judgment against the other. 3. All remaining terms and conditions of the Library Services Contract of December 3, 2001, shall remain in full force and effect. IN WITNESS THEREOF, the said District and the said City have caused this Contract and Addendum to be executed by their respective officers on the day and the year first written above. MID-COLUMBIA LIBRARY CITY OF PASCO Danielle R. Krol, Executive Director Gary Crutchfield, City Manager Attested to by: Secretary City Clerk First Addendum to Library Services Agreement -2 midcolu bido LIB Rf1E Neva LeBlond Bequette Service Center kfr©wyourmind! 405 S.Dayton i Kennewick,WA 99336-(509)5821+745-Fax 1509)737-6349 October 10, 2008 Stan Strebel Administrative and Community Services Director City of Pasco P.O. Box 293 Pasco, WA 99301 Dear Mr. Strebel, Thank you for meeting with me and Steve Mallory, Architect, Arculus, on October 9, 2008. During this meeting, we discussed the upcoming Pasco Branch Library remodel and the necessary library closure during the remodel. It has been determined that the remodel project will require the Pasco Branch Library to be closed to the public for a period of 60 days, rather than 30 days as originally anticipated. The Library is expected to close on Monday, November 3, 2008, to prepare for construction to begin. The Library will re-open as soon as the building is safe for the staff and public. It is expected this re-opening will occur in early January 2009, although a specific date can not yet be set. We do appreciate the assistance and cooperation of the City of Pasco as we work together to improve the Pasco Branch Library. As discussed, MCL will provide Bookmobile service at the Pasco Branch Library during the length of the closure. If you have further questions, please contact me by calling 737-6351. Sincerely, Danielle R. Krol Executive Director Pasco Library Remodel Closure Schedule Library is proposed for closure November 3, 2008 —January 4, 2009. During the closure, Mid-Columbia Library will locate the Barth Bookmobile in the Library parking lot. Hours of Operation: Monday—Thursday 11:00 a.m. —7:00 p.m. Friday through Saturday 11:00 a.m.--5:00 p.m. Sunday 1:00 p.m.— 5:00 p.m. Mid-Columbia Library will provide book drop and pick-up services at Cyber Stop in Kurtzman Park. Monday through Friday 2:00 p.m. — 6:00 p.m. (Cyber Stop open 4:00 p.m. — 7:00 p.m.) Saturday and Sunday 12:00 noon—4:00 p.m. (Cyber Stop open 12;00 noon—4:00 p.m.) An additional bookmobile will be available Friday-- Sunday at locations as needed, to be determined. AGENDA REPORT FOR: City Council October 9, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, A stive and Community Services anage Regular Mtg.: 10/20/08 SUBJECT: Bids for Kurtzman Park Drainage Improvements Project No. C2008512-1 I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/20: Motion: I move to award the contract for the base and alternate bids for the Kurtzman Park Drainage Improvements Project,No. C2008512-1, to the low bidder, Quality Backhoe Services, in the amount of$30,433.60, including sales tax. III. FISCAL IMPACT: CDBG Funding. IV. HISTORY AND FACTS BRIEF: A) The City recently reviewed two bids for the Kurtzman Park Drainage Improvement Project, which consists of improvements designed to minimize water from the park from entering the Martin Luther King Center. (Original construction of the facility placed the gym floor below grade of much of the surrounding property.) Bids were as follows: Quality Backhoe Services $30,433.60 Shoemaker Excavation, Inc. 34,129.66 B) Staff recommends approval of the contract award to Quality Backhoe, the low bidder. io(b) AGENDA REPORT NO. 37 FOR: City Council October 15, 2008 TO: Gary Crutchfiel y anager Robert Alberts, ublic orks Director FROM: Michael MCShy Engineer Regular Mtg.: 10/20/08 SUBJECT: Award 2008 Miscellaneous Traffic Signal Upgrades, Project#08-4-01 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10120: MOTION: I move to award the low bid for the 2008 Miscellaneous Traffic Signal Upgrades, Project #08-4-01 to Sierra Electric, Inc. in the amount of 596,956.00, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street Fund IV, HISTORY AND FACTS BRIEF: A) On October 13, 2008, staff received one bid for the 2008 Miscellaneous Traffic Signal Upgrades, Project #08-4-01. The bid was received from Sierra Electric, Inc. in the amount of $96,956.00. The Engineer's Estimate for the project is $97,000.00. V. DISCUSSION: A) This project will include widening the turn radius on the northwest corner of Oregon Avenue and "A" Street to allow for easier turn movement, as well as upgrading or replacing signal controller cabinet hardware at three intersections. Staff recommends award of this contract to Sierra Electric, Inc. 10(c) City of Pasco 2008 Miscellaneous Traffic Signal Upgrades Project No. 08-4-01 Bid Opening Date 10-13-08 BID SUMMARY Total 1. Sierra Electric, Inc. $96,956.00 My KLV IL --j xar 1 I&r HLUE 9s am 1 Ong i I r o � awa �-- Q W in amr % - -�