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HomeMy WebLinkAbout2009.05.04 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. May 4,2009 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 April 20, 2009. (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$1,068,403.75 ($72,074.18 in the form of Wire Transfer Nos. 5197 and 5200; and $996,329.57 consisting of Claim Warrants numbered 171328 through 171528). 2. To approve Payroll Claims in the amount of $1,890,245.12, Voucher Nos. 39475 through 39565; and EFT Deposit Nos. 30029551 through 30030092. (c) Appointments to Historic Preservation Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Cathy Merrill Holle to Position No. 1 and reappoint Dan Stafford to Position No. 2 (both with the expiration date of 8/l/l 1); reappoint Marilynn Baker to Position No. 3 and appoint Marty Robinson to Position No. 4 (both with the expiration date of 8/1/12) to the Historic Preservation Commission. (d) Revision of Bi-PIN Interlocal Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated April 23,2009. 2. Proposed Agreement. To approve the Interlocal Agreement for Bi-County Police Information Network (Bi-PIN) and, further, authorize the Mayor to sign the agreement. *(e) Final Plat: Chapel Hill Phase 3 (Envision Homes) (MF#FP08-008): I. Agenda Report from David 1. McDonald, City Planner dated April 29, 2009. 2. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at htw://www.pasco- wa.gov/generalinfo/cit-vcouncilrepo!iS-). 3. Vicinity Map. To approve the final plat for Chapel Hill Phase 3. (f) Resolution No. 3156, a Resolution conditionally granting the sewer utility waiver requested by West Enterprises. 1. Agenda Report from Michael McShane, City Engineer dated April 23, 2009. 2. Vicinity Map. 3. Petition for Utility Service Waiver. 4. Resolution. To approve Resolution No. 3156, conditionally granting the sewer utility waiver request by West Enterprises. *(g) Resolution No. 3157, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Montana Avenue. 1. Agenda Report from David 1. McDonald, City Planner dated April 28, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3157, setting 7:00 p.m., Monday,June 1, 2009 as the time and date to conduct a public hearing to consider vacating Montana Avenue between Salt Lake Street and Pueblo Street. Regular Meeting 2 May 4, 2009 *(h) Resolution No. 3158, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of West Park Street. 1. Agenda Report from David I. McDonald,City Planner dated April 28, 2009. 2. Vicinity Map. 3. Proposed Resolution. 4. Vacation Petition. To approve Resolution No. 3158, setting 7:00 p.m., Monday,June 1, 2009 as the time and date to conduct a public hearing to consider vacating a portion of West Park Street. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"April 2009. 1. John and Phyllis Frey, 323 N. 8`h Avenue 2. Reg and Shirley Moore, 126 Willow Circle 3. Carl and Debra Gara, 4720 Antigua Drive 4. Willy Schneider, 7904 Deschutes Drive (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award" for April 2009. 1. Conover Insurance, 1804 W. Lewis Street (c) Presentation of Proclamation for "National Police Week" and "Peace Officers' Memorial Day." Mayor Joyce Olson to present Proclamation to Denis Austin, Chief of Police, Pasco Police Department. 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation: a Portion of Colorado Avenue and Salt Lake Street(MF#VAC09-006): I. Agenda Report from David I. McDonald, City Planner dated April 29, 2009. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue. MOTION: I move to adopt Ordinance No. , vacating a portion of Salt Lake Street and Colorado Avenue and, further, authorize publication by summary only. (b) Annexation: Road 76 and Court Street(MF#ANX09-001): 1. Agenda Report from David I. McDonald, City Planner dated April 29, 2009. 2. Vicinity Map. 3. Proposed Ordinance. 4. Annexation Petition(Council packets only). CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance relating to annexation and annexing certain real property to the City of Pasco. MOTION: I move to adopt Ordinance No. an Ordinance annexing certain real property to the City of Pasco and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (none) Regular Meeting 3 May 4,2009 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (a) West Pasco Water Treatment Plant Project, No. 09-2-01: 1. Agenda Report from Robert J. Alberts, Public Works Director dated April 22, 2009. 2. Bid Tab. 3. Technical Memorandum. 4. Vicinity Map. (RC) MOTION: I move to award the low bid for the West Pasco Water Treatment Plant Project No. 09-2-01 to Apollo, Inc., in the amount of$8,699,763.00 plus sales tax and, further, authorize the Mayor to sign the contract documents. (b) Amendment No. 2 to Professional Services Agreement with CH2MHill: 1. Agenda Report from Robert J. Alberts, Public Works Director dated April 22, 2009. 2. Vicinity Map. 3. July 7,2008 Professional Services Agreement. 4. Amendment No. 2 to July 7, 2008 Professional Services Agreement. MOTION: I move to approve Amendment No. 2 to the July 7, 2008 Professional Services Agreement with CH2MHI11 authorizing additional engineering services for Tasks 3-6, not to exceed$743,500 and, further,authorize the Mayor to sign the agreement. *(c) 2009 Sewer Line Extension—Whipple Avenue Project No. 09-1-02: 1. Agenda Report from Michael McShane, City Engineer dated April 29, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the 2009 Sewer Line Extension— Whipple Avenue, Project No. 09-1-02 to Mahaffey Enterprises, Inc., in the amount of$164,651.40, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(d) Argent Road Widening and Road 84 Sidewalks Project No. 09-3-02: 1. Agenda Report from Michael McShane, City Engineer dated April 29, 2009. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the Argent Road Widening and Road 84 Sidewalks, Project No. 09-3-02 to Inland Asphalt Company in the amount of $790,696.50 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. 1:30 p.m., Monday, May 4, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY,Alt.) 2. 12:00 p.m., Wednesday, May 6, 2601 N. Capitol Avenue—Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 9:30 a.m., Friday, May 8, KONA—KONA Mayor's Report. (MAYOR JOYCE OLSON) 4. 4:00 p.m., Friday, May 8, Hampton Inn, Richland — Kyle Petty Charity Ride Welcome Address. (MAYOR PRO-TEM MATT WATKINS) 5. 5:30 p.m., Friday, May 8, Chiawana Park — Public Employee Recognition Event Welcome Address. (MAYOR PRO-TEM MATT WATKINS) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 20, 2009 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; Denis Austin, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated April 6, 2009, (b) Bills and Communications: To approve General Claims in the amount of$1,239,624.72 ($94,353.17 in the form of Wire Transfer Nos. 5189 and 5193; and $1,145,271.55 consisting of Claim Warrants numbered 171091 through 171327). 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$180,673.94 and, of that amount, authorize $135,104.96 be turned over for collection. (c) Appointments to Senior Services Advisory Committee: To appoint Margaret Moore to Position No. I (expiration date of 4/l/12) and Richard Brandt to Position No. 4 (expiration date of 4/1/11) to the Senior Services Advisory Committee. (d) Final Plat: Juniper Grove Phase 1 (formerly Chapel Hill) (Envision Homes) (MF#FP08-008): To approve the Final Plat for Juniper Grove Phase 1. (e) Final Plat: Linda Loviisa Phase 2 (AHO Construction) (MF#FP08-009): To approve the Final Plat for Linda Loviisa Phase 2. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Olson recorded the monthly Mayor's Report on KONA radio and attended the Franklin County Emergency Management Board meeting. Mr. Larsen attended the Benton-Franklin Council of Governments Board meeting. Mr. Hoffmann attended the Good Roads & Transportation Association Board meeting and the Law & Justice Council Meeting. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 20, 2009 PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Easement Vacation: Waterline Easement and Access Easement in the Northwest Commons Development (MF#VAC09-005): Mr. White explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3917, an Ordinance vacating a Waterline Easement and Access Easement in Section 11, Township 9 North, Range 29 East. MOTION: Mr. Watkins moved to adopt Ordinance No. 3917, vacating a Utility and Access Easement through Section 11 of Township 9 North, Range 29 East and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. 2009 Justice Assistance Grant: Council and staff discussed the grant. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE JUSTICE ASSISTANCE GRANT. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. MOTION: Mr. Watkins moved to authorize the application for 2049 Recovery Act Justice Assistance Grant funding to purchase 800 MHz Radios and Firearms for the Police Department and to pay$10,417 to the Franklin County Prosecutor's Equipment Purchase Fund. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3918, an Ordinance of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 144 for the improvement of approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to City standards, including curb, gutter, storm drainage system, and power, as provided by Ordinance No. 3864, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll. MOTION: Mr. Watkins moved to adopt Ordinance No. 3918, approving and confirming the assessments and assessment roll of Local Improvement District No. 144 for the improvement of approximately 1300 feet of each of Road 90 and Road 92, north of Sandifur Parkway, to City standards, including curb, gutter, storm drainage system, and power, as provided by Ordinance No. 3864, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3155, a Resolution accepting a ten percent annexation petition, providing a determination on the territory to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. Council and staff discussed the proposed annexation. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 20, 2009 MOTION: Mr. Watkins moved to approve Resolution No. 3155, accepting a petition for annexation and providing a determination on the annexation boundary, zoning and indebtedness. Mr. Garrison seconded. Motion carried 5-2. No—Yenney, Larsen. NEW BUSINESS: Fluoridation Grant Agreement for the West Pasco Water Treatment Plant: Council and staff discussed the grant. Ms. Bernice Woodbury, 4221 Riverhaven, Ms. Karen Miller, 3714 W. Park and Mr. Fred Nimmo, 1915 W. Hopkins, spoke against fluoridation of city water. MOTION: Mr. Watkins moved to approve the Fluoridation Grant Agreement for the new West Pasco Water Treatment Plant and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried 5-2. No—Hoffmann, Larsen. Baseball Stadium Patio Area Improvements: MOTION: Mr. Watkins moved to award the contract for the Baseball Stadium Patio Area Improvements project to the low bidder, Patio Covers Unlimited, in the amount of $51,013.72 including sales tax and, further, authorize the City Manager to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Road 68 Overlay north of Sandifur Parkway, Project No. 09-3-03: MOTION: Mr. Watkins moved to award the low bid for the Road 68 Overlay north of Sandifur Parkway, Project No. 09-3-03 to Inland Asphalt Company in the amount of $129,721.70 and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Crutchfield noted the Annual Volunteer Appreciation Reception will be held April 23`d at the Pasco Senior Center. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:10 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 4th day of May, 2009. 3 CITY OF PASCO Council Meeting of: May 4, 2009 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the antgnst ned, d reb ertify under penalty of perjury that the materials have been furnished,the services re or e labor p form ad as described herein and that the claim is a just, due and unpaid obligation a city and at we are authorized to authenticate and ce to said cl Gary Crutbfield, 711a ger James W. C e, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received, that Wire Transfer No.s 5197 and 5200 in the amount of$72,074.18, have been authorized;that Check No.s 171328 through 171528 are approved for payment in the amount of$996,329.57,for a combined total of$1,068,403.75 on this 4th day of May, 2009. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 924.14 Judicial 5,217,28 Executive 3,370.15 Police 204,996.61 Fire 1 5,074.65 Administration&Community Services 59,226.60 Community Development 6,759,98 Engineering 6,786.56 Non-Departmental 35,550.04 Library 101,694.82 TOTAL GENERAL FUND: 439,600.83 STREET 53,937.31 C. D. BLOCK GRANT 55,582.03 KING COMMUNITY CENTER 1,573.47 AMBULANCE SERVICE 4,843.86 CEMETERY 483.58 ATHLETIC PROGRAMS 1,301.05 SENIOR CENTER 2,034.18 MULTI MODAL FACILITY 3,055.26 RIVERSHORE TRAIL&MARINA MAIN 317.92 LITTER CONTROL 0.00 REVOLVING ABATEMENT 252.00 PARKS FUND 0.00 TRAC DEVEL&OPERATING 16,135.25 STADIUM/CONVENTION CENTER 7,812.45 SPECIAL ASSESSMNT LODGING 12,305.90 METRO DRUG TASK FORCE 7,915.65 METRO DRUG FORFEITURE FUND 1,642.10 GENERAL CONSTRUCTION 0.00 WATER/SEWER 209,110.00 EQUIPMENT RENTAL-OPERATING 33,062.07 EQUIPMENT RENTAL- REPLACEMENT 9,497.05 MEDICAL/DENTAL INSURANCE 105,852.01 CENTRAL STORES 210.67 PUBLIC FACILITIES DIST 19,115.11 PAYROLL CLEARING 36,199.71 LID CONSTRUCTION 379.50 TRI CITY ANIMAL CONTROL 46,184.79 GRAND TOTAL ALL FUNDS: $ 1,068,403.75 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval May 4,2009 The City Council City of Pasco Franklin County,Washington The follo ' g is a summary of payroll claims against the City of Pasco for the month of March 2009 is are prese ewith for your review and approval. Gar Dkr. utcS ,Ci Manager James W.Ch , Financial Services Manager We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington,do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's.39475 through 39565 and EFT deposit No's. 30029551 through 30030092 and City contributions in the aggregate amount of$1,890,245.12 are approved for payment on this 4th day of May 2009. Council member Council member SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,770.22 Judicial 71,855.52 Executive 49,090.85 Police 518,163.68 Fire 316,601.52 Administrative&Community Services 231,769.13 Community Development 79,050.68 Engineering 75,440.30 TOTAL GENERAL FUND 1,348,741.90 CITY STREET 40,134.63 BLOCK GRANT 8,555.90 MARTIN LUTHER KING CENTER 6,395.44 AMBULANCE SERVICE FUND 136,792.63 CEMETERY 12,848.80 ATHLETIC FUND 2,622.49 SENIOR CENTER 12,955.49 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,816.26 WATER/SEWER 287,391.11 EQUIPMENT RENTAL-OPERATING 24,990.47 GRAND TOTAL ALL FUNDS $ 1,890,245.12 Payroll Summary Net Payroll 912,839.39 Employee Deductions 541,303.29 Gross Payroll 1,454,142.68 City of Pasco Contributions 436,102.44 Total Payroll $ 1,890,245.12 3(b).2 AGENDA REPORT TO: City Council April 23, 2009 FROM: Gary Crutchfie i Manager Workshop Mtg.: 4/27/09 Regular Mtg.: 5/4/09 SUBJECT: Revision of Bi-PIN Interlocal Agreement I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4127: Discussion 514: MOTION: I move to approve the interlocal agreement for Bi-County Police Information Network (Bi-PIN) and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Since the early 1980s, the two counties and three cities have collectively operated a regional "Police Information Network" called "Bi-PIN" (131-County Police Information Network). Essentially, the network consists of a computerized database to retain substantive information on all arrests and law enforcement incidents within the boundaries of the member jurisdictions. The database even includes address records, aliases and photos. The entire database is accessible to all member jurisdictions; thus, what happens in Richland can be known in Pasco and vice-versa, etc. The database has become ever-more useful in real-time law enforcement activities with the advent of in-car computers. B) Over the years, the interlocal agreement has been revised to reflect significant operational changes. The last such change occurred in 2003, when the three cities and two counties mutually agreed to acquire and operate the Intergraph system. C) The city of Connell recently determined that it is in its best interest to join the Bi- PIN system as the recent prison expansion poses greater demand on its police department for coordinated information via police computers within its community. In addition, the proposed agreement includes revisions to incorporate several policy changes that have evolved since implementation of the new Intergraph system in 2003. V. DISCUSSION: A) The revisions to the agreement expand membership to include Connell and clarify operational policies; as such, the agreement does not incur greater costs to the members while harmonizing written policy with established practice. Staff recommends approval. 3(d) INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK, PASCO AND RICHLAND (POLICE INFORMATION NETWORK) WHEREAS,the Interlocal Cooperation Act codified in RCW 39.34 allows public agencies to exercise their powers jointly thereby maximizing their ability to provide services and facilities which will best fulfill the needs of the community as a whole; and WHEREAS, the joint exercise of a regional criminal justice record and information system promotes the deterrence and solution of criminal incidents by providing increased access to local incident and warrant information, reducing the need for redundant data entry, improving the protection of criminal files against loss or destruction, and increasing the responsiveness of the respective law enforcement agencies through crime analysis and investigative support functions; and WHEREAS, the counties of Benton and Franklin along with the cities of Kennewick, Pasco, and Richland first entered into an Interlocal Agreement in 1982 which created the Bi-County Police Information Network ("BI-PIN"); and WHEREAS, the BI-PIN Interlocal was amended in 1988, 1992, 1995, and 2003; and WHEREAS, the Counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco and Richland, through their respective law enforcement departments, desire to jointly utilize an expanded law enforcement records management system to be operated by the Kennewick Information Systems Division; and WHEREAS, the original members therefore are agreeable to the addition of the city of Connell to the BI-PIN Interlocal; and WHEREAS, many objectives set forth in prior versions of the BI-PIN Interlocal have been completed or are no longer necessary; and WHEREAS, therefore the parties wish to rescind the existing BI-PIN Interlocal and enter into this amended and restated agreement to clearly set forth existing and future obligations and objectives of the parties hereto, and to account for possible new members and the obligations that would apply to new members; NOW THEREFORE BE IT AGREED, in accordance with the provisions of RCW 39.34.030: Section 1 — Formation and Purpose of BI-PIN. The Counties of Benton and Franklin and the Cities of Connell, Kennewick, Pasco and Richland hereby establish the Bi- BI-PINlnterlocal Agreement 31612009 Page 1 County Police Information Network (BI-PIN). In order to assist the participating police and sheriff's departments in the deterrence and solution of criminal incidents and in recognition of the high cost of technology and operation of information systems, the participating members are entering into a joint undertaking for the following purposes: • Increase access to local incident and want/warrant information. • Enhance the sharing of information among the criminal justice agencies. • Improve availability of operational and management information. • Provide for increased responsiveness to crime analysis and investigative support functions. • Reduce the need for redundant data entry and duplicate data files. • Provide for improved protection against loss or destruction of criminal information files. Section_ 2 — Organization of BI-PIN. In order to provide for the on-going administration of the BI-PIN the following organizational structure is adopted for the organization. 2.2. Executive Committee. The Executive Committee is composed of the City Managers or a member from the Boards of County Commissioners, as appropriate, from each of the member agencies or their designee, and each shall be a voting member. A liaison from the Bi-County Police Chiefs and Sheriffs and from each dispatch agency: Benton County Emergency Services (BCES) and Franklin County Dispatch shall be ex officio, non-voting members. A chairman shall be elected by the Executive Committee and will serve one-year terms with no limit as to the number of consecutive terms that may be served. The executive committee will meet at least quarterly or more often as required. This committee will keep minutes of its meetings and copies of these minutes shall go to all members of the committee. It is the responsibility of the Executive Committee to set policies regarding all aspects of BI-PIN activities, approve contracts which shall be signed by the chairman, approve the proposed annual budget and work program, set the cost recovery for new BI-PIN members, and make final decisions on adoption of software applications and minimum hardware requirements for systems that are owned or operated by BI-PIN or for systems owned by parties to this agreement that interface with BIPIN. Approvals shall require a majority vote of the Executive Committee members present after a quorum is called. All member agencies will cast one vote each. The adoption of the budget and any amendment to the budget or policy issues, will require approval of at least four of the five charter agencies as described in section 5.3 below. BI-PIN lnterlocal Agreement 31612009 Page 2 2.2 Technical Committee. The technical committee is composed of the Information Systems manager (or equivalent position) of each of the BI-PIN member agencies. As the Operating Jurisdiction, Kennewick's IS manager will chair the Technical Committee. The Technical Committee will provide recommendations through the operating jurisdiction to the Executive Committee on technical decisions that affect the BI-PIN system. The Technical Committee will meet on an as-needed basis. 2.3 BI-PIN User Committee. The BI-PIN User Committee shall be comprised of representatives of each law enforcement agency from member jurisdictions and a representative from each dispatch center: Benton County Emergency Services (BCES) and Franklin County Dispatch. This committee shall be responsible for recommending software development priorities, actively participating in system selection activities to procure the most appropriate system to meet their respective requirements, and resolve any operational problems to ensure successful joint operation of the system. The BI-PIN analyst shall chair this committee. Section 3— Operational Responsibility. The Operating Jurisdiction will be the City of Kennewick, and through its Information Systems Division, it will be responsible for the operation of the BI-PIN system. The manager of the Operating Jurisdiction's Information Systems Division shall have day-to-day supervision and control over operation of the BI-PIN system; subject, however, to the policies set by the Executive Committee and subject to the terms and conditions of this joint agreement. Section 4 — Ownership of Software Modules. Ownership of all software licenses acquired from Intergraph are distributed between BI-PIN, Benton County Emergency Services (BCES), and Franklin County Dispatch based on the actual licenses purchased. Appendix B lists the original license distribution. As new licenses are acquired they will be distributed as determined by the BI-PIN Executive Committee. BI-PIN is responsible for maintenance and upgrades for their modules. BI-PIN is not responsible for the maintenance and upgrade of BCES and Franklin County Dispatch owned modules. The costs and maintenance of these licenses are addressed in Section 5. Section S — Participation in BI-PIN. The parties agree that the city of Connell, pursuant to the terms of this agreement, shall become a member agency of BI-PIN. The City of Connell agrees to pay to BI-PIN $18,009 as membership buy-in payment. In addition to the buy-in payment, Connell may be required to purchase any additional software licenses required due to participation in BIPIN. All hardware and connectivity costs associated with participation in BI-PIN will be born by Connell. The BI-PIN Executive Committee will set minimum requirements for all BI-PIN members for hardware and connectivity based on the recommendations of the Technical Committee. Any system that interfaces with the BI-PIN system will require Technical Committee review and appropriate recommendation to the Executive Committee for final approval. BI-PIN Interlocal Agreement 31612009 Page 3 Recognizing that BI-PIN member agencies benefit through the participation of all local jurisdictions, BI-PIN wants to promote and encourage inclusion of all agencies interested in joining BI-PIN. To facilitate this effort, BI-PIN has adopted the following policies regarding joining and membership of additional local agencies in the BI-PIN local governmental agency: 5.1 Membership Buy-In. • Participation in BI-PIN by new member agencies will require a majority vote by the BI-PIN Executive Committee. • Buy-in of membership to the BI-PIN interlocal agency will be based on a per- capita fee. The fee will be set at $2.40 per capita beginning in 2003 and inflated using the Seattle CPI-U factor to increase the per capita fee to reflect the time value of money for any future buy-ins. • BI-PIN as a whole will maintain sufficient licenses from Intergraph Public Safety (IPS) for the I/LEAD products the agency will use. The final decision on the number of licenses allocated will be determined by BI-PIN. The licenses allocated to each agency will be reevaluated on a yearly basis. • On-going maintenance fees for the IPS system will be distributed based on licenses allocated to each agency. • BI-PIN Executive Committee will set minimum requirements for hardware and connectivity based on the recommendations of the Technical Committee. Any system that interfaces with the BI-PIN system will require Technical Committee review and appropriate recommendation to the Executive Committee for final approval. • All hardware and connectivity costs associated with participation in BI-PIN will be born by the appropriate agency. 5.2 Operations cost sharing formula. The formula for distribution of BI-PIN's on-going operations costs will be distributed in the following method. • After adoption of the budget, all anticipated outside revenue will be deducted from the budget amount. • Each member agency will be assessed a $5,000 base fee. The $5,000 agency base contributions will be deducted from the remaining budget amount to be distributed. • The budget will be split 40/60 between law enforcement and jail management. o 40% of the law enforcement and jail management budgets to be distributed will be assessed to each agency based on percentage of population. o 60% of the law enforcement and jail management budgets to be distributed will be assessed to each agency based on percentage of licenses. BI-PINlnterlocal Agreement 31612009 Page 4 5.3 Voting power of member agencies. All matters to be decided by the Executive Committee shall be determined by simple majority vote of member agencies as outlined in section 2; provided, however, any budget or policy issue shall also require approval of at least four of the five charter agencies. The five charter agencies are Benton County, Franklin County, Kennewick, Pasco and Richland. Section 6 — BI-PIN Software— A Single Vendor Solution. In an effort to facilitate the effectiveness of public safety services within the BI-PIN member agency jurisdictions, the charter agencies decided in 2003 to move to a single vendor solution for law enforcement records management (RMS), jail management (JMS) and computer-aided dispatch (CAD). The chosen vendor to provide that software solution was Intergraph Public Safety(IPS). A single vendor solution minimizes the need for interfaces that have the potential to be difficult to maintain and facilitates the ease of sharing information electronically between jurisdictions. Therefore, parties agree to the following policy and guidelines: 6.1 Intergraph Public Safety Licenses. • Licenses for I/CAD, the IPS computer aided dispatch software, are purchased on a "per-seat" basis. Franklin County and BCES will retain ownership of licenses already purchased and any subsequent licenses purchased for their dispatch centers. Each dispatch center, BCES, and Franklin County, owns the software and licenses associated with their respective installation. • Licenses purchased on a concurrent basis, I/Leads Records Management System (RMS), and Jail Management System (JMS), are the property of BI-PIN as a whole. Licenses are assigned to agencies based on the needs analysis conducted previously by BI-PIN. See Appendix A. The licenses used by each agency will be evaluated on a yearly basis and each agency's percentage of use will be adjusted accordingly. In the event additional licenses are required they will be purchased by BI-PIN and the expenditure will be included in the BI- PIN budget to be allocated by the BI-PIN cost distribution formula. If an agency underutilizes their allocated licenses, the additional maintenance of the unused licenses would spread across all of the agencies. Each agency's percentage of licenses used will be calculated based on the number of licenses used by the agency divided by the total used (i.e. BI-PIN owns 185 but only 150 are used. Agency A uses 42. Agency A's usage percentage would be 42/150 or 28%.) The table in Appendix A illustrates a hypothetical distribution of underutilized licenses. The I/LEADS base product and hardware required in the server room (i.e. servers, racks, BI-PIN routers, etc) are the property of BIPIN as a whole. 6.2 Third Party Software. BI-PIN lnterlocal Agreement 31612009 Page 5 • BI-PIN member agencies adopt IPS as their software provider for RMS, JMS and CAD functions. • Third party software will not be used by member agencies for any function that touches the BI-PIN system and can be provided by IPS products unless the BI- PIN Executive Committee adopts it as a standard. The RMS and JMS functions of the system provided by the IPS I/LEADS product includes the following modules: 6.3 Police Records Management System (RMS). Calls for service Vehicles Incident Accident Case Management Tow Impound Known Offender Field Contact Arrests/Charges DUI Citations Gang Tracking Pawnshop Affidavits Property and Evidence Concealed Weapon Licenses Warrants MugShot Alarm Permits Automated Field Reporting(AFR) 6.4 Jail Management System (JMS). Booking Scheduled Events Arrest/Charges Visitation Classification Sentencing Mugshot Capture Medical Property/Personal &Jail Issue Jail Incidents Housing Work Release Jail Billing In-House Commissary/Cash Accounts • Third party software solutions for a function not available from IFS or that have been recommended by a member agency will be presented to the BI-PIN technical committee for evaluation on an item-by-item basis. The Executive Committee will decide on adoption of third party software as a BI-PIN standard based on the recommendation of the BI-PIN technical committee. The technical committee's recommendation will be based on the benefits of the third party software to the BI-PIN member agencies as a whole. • All costs for implementation, interfaces, and support associated with the use of third party software not adopted as a BI-PIN standard will be born by the agency implementing the software. This applies to costs and support both during implementation and on going. BI-PIN will not support third party software or related interfaces not adopted as a BI-PIN standard. Section 7 — Withdrawal (Replacement). Any member agency may withdraw from this agreement and membership in BI-PIN by serving a notice of withdrawal upon all BI-PINlnterlocal Agreement 31612009 Page 6 members of BI-PIN. This notice shall be given at least one year in advance of the date of withdrawal. Membership shall terminate on the last day of the calendar year. Upon withdrawal from membership the member agency shall receive no further distribution of income proceeds. All software must be uninstalled and all licenses collectively owned under this agreement must be returned by the withdrawing agency to the pool described in Section 5 and Section 6 of this agreement. The withdrawing member shall pay their pro-rata share of any outstanding obligations incurred up to the effective date of withdrawal. The withdrawing member(s) shall be provided with all outstanding obligations within 45 days of the effective date of withdrawal. Upon such receipt, the withdrawing member(s) shall pay all outstanding obligations within 45 days of receipt. The outstanding contribution(s) shall include all amounts due to BI-PIN and any cost directly associated with the member's withdrawal. Section 8 — Termination of Agreement. This agreement may be terminated upon a resolution to terminate this agreement. Such a resolution shall pass upon receipt of at least two-thirds of the all votes cast by members of the Executive Committee. Upon adoption of such a resolution, the effective date of termination shall be determined by a simple majority of all votes cast. However, in no event shall the termination date be more than one hundred and eighty days (180) from the date of the resolution. After the effective date of termination, the activities of BI-PIN shall cease and no further business shall be conducted nor any financial obligations shall be incurred. In the event of termination of this agreement, each member agency shall be responsible for its pro-rata share of any remaining costs or penalties under the formula outlined in section 5.2 of this agreement. In the event of termination, BI-PIN shall immediately provide notice of termination to each known creditor and party in which BI-PIN has a contractual relationship. All parties to this agreement shall be obligated to participate in the winding up of BI-PIN related activities which shall include: collection of any outstanding payables, the payment of any outstanding obligations, satisfaction of any and all contractual obligations, and distribution of assets. To the extent legally permissible, upon written request the Operating Jurisdiction shall provide a copy of any or all data belonging to BI-PIN to the requesting member agency on the most feasible medium in return for the actual cost of such copy. Any remaining assets owned by BI-PIN prior to termination will be distributed back to member agencies based on their pro-rata share in BI-PIN as outlined in section 5 of this agreement. In the event of termination, an existing member or members may negotiate for the acquisition of software, data, and other information specific to that member or member's operating jurisdiction to the extent permitted by the terms of any applicable software licensing agreements. Nothing shall prevent the parties from negotiating the release of software, data, or other information that is specific to one member. Section 9 — Security of Data. Each member agency shall safeguard, by appropriate means, the confidentiality of the information contained in the BI-PIN system. Additionally, they shall maintain network security that meets industry standards for any network that may interact with the Operational Jurisdiction's network. BI-PIN lnterlocal Agreement 31612009 Page 7 Each member agency will protect access with specific sign-on controls and procedures as developed by the BI-PIN Technical Advisory Committee with the approval of the Executive Committee. It will also be the responsibility of the Operating Jurisdiction to maintain the security of the BI-PIN network based on industry standards. Section 10 -- Liability Coverage. The member agencies shall jointly secure a good and sufficient liability insurance policy indemnifying and naming all agencies as additional insureds, covering the agencies for any damage to hardware or software or misuse or loss of information in the system. The Operating Jurisdiction shall assume all risk of injury or damages to hardware or software on its premises caused by its employees or any invitee or person on the premises with the consent of the Operating Jurisdiction and shall hold harmless, indemnify and defend the participating BI-PIN agencies from any loss or claim for damages of any nature whatsoever arising out of the performance of the BI-PIN interlocal agreement. The insurance shall be paid on a pro rata basis based upon the budget allocation formula. Each agency shall waive the right of subrogation against the other party by reason of loss or damage incurred under the casualty losses covered by the insurance. Notwithstanding anything to the contrary within this paragraph, the agencies' collective obligation to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by any individual agency provided that all other agencies' interests and rights will not be reduced or diminished by reason of the use of such blanket policy of insurance. Section 11 — Term of Agreement. This agreement shall become effective upon the execution of this agreement by all the parties identified above. Once effective, this amended and restated agreement shall run to December 31, 2009 and shall continue thereafter for successive one year periods, unless a member in writing requests a revision of the agreement by giving notice in writing to all other members at least 90 days before the expiration date of the agreement; such requested revision must be approved by the Executive Committee as set forth in Section 5 of this agreement. Section 12 — Recordkeeping. The Operating Jurisdiction shall be responsible for maintaining accurate records. It shall also maintain accurate records of expenditures made during the year and for what purpose. On an annual basis it shall provide the member agencies an operating and financial report. Section-13 — Entire Agreement. This Agreement shall govern over the terms and conditions of any prior BI-PIN Interlocal Agreement, as amended, between the parties and such prior agreements are hereby made null and void. IN WITNESS THEREOF, the parties have set their hands this day of , 2009. BI-PINInterlocal Agreement 31612009 Page 8 CITY OF CONNELL CITY OF KENNEWICK By By Mayor Mayor CITY OF PASCO CITY OF RICHLAND By By Mayor Mayor COUNTY OF BENTON COUNTY OF FRANKLIN By By Chairman Chairman BI-PINInterlocal Agreement 31612009 Page 9 Appendix A Initial- , se L?xbution x/185. Kennewick 50 26.32% Pasco 42 22.11% Richland 33 17.37% Benton County 40 21.05% Franklin County 20 1 10.53% Connell 5 2.63% Total 90, 104:x%' License Pistrt`bu#64� if Uff&iWilized, Kennewick 42 27.10% Pasco 33 21.29% Richland 25 16.13% Benton County 28 18.06% Franklin County 22 14.19% Connell 5 3.23% Pool licenses 35 0.0% Totah t00,00OW Hypothetical Illustration of Percentage of Licenses used in the event of underutilization BI-PIN Interlocal Agreement 31612009 Page 10 Appendix B Original License Distribution i F l l I it t J t ;. t IICAD Database Server#1 Software for Benton County I/Executive UCAD Database Server Software 1.0 UCAD Database Server#2 Software far Benton County I/CAD Redundant Database Server I/Executive 2 Software 1.0 IICAD Database Server#1 Software for Franklin County [/Executive-Existing at Franklin County System UCAD Database Server Software 1.0 IICAD Database Server#2 Software for Franklin County UCAD Redundant Database Server ]!Executive 2-Existing at Franklin County System Software 1.0 Interface Products Including Implementation& Travel ]/Informer Interface to databases(WACIC) 1.0 1.0 I/Informer Interface to databases(ULEADS) 1.0 1.0 Mobile Data Terminals interface to I/MDT-Existing Franklin County System UMobile 1.0 Mobile Data Terminals interface to I/MDT-far Benton County I/Mobile 1.0 Telephone Device for the Deaf interface IITDD-Existing at Franklin County System Module 1.0 IlPage Alaphammmeric Paging interface Module 1.0, 1.0: IlPage Interface to Zetron model 25 1.0, IIFST Fire Station Turnout interface Module 1.0 1.0 IIMARS-Server Management Reporting-Server Module - 1.0 1.0 IlQA Question and Answer Module 1.0 I/NetViewer(50 concurrent users) UCAD Data inquiry 25,0 25.0 1/NetDispatcher(10 concurrent users) IICAD Net Dispatching 5.0 5.0 Police RMSIJMS Servers Software Cluster Solution IILEADS-Server Police RMS-Base Module 0.5. 0.5 ULEADS-Incidem Based Reporting for Stale of Washington Police RMS Module 1.0 ULEADS-Mugshot Capture System-2 User License Police RMS Module 2.0 ULEADS CAD Link Police RMS Link to CAD 2.0 ULEADS Interface to LiveScan Interface Module 2.0 Dispatch/Calltaker Workstations Software UDispatcher IPS CAD Software 13.0 liDispatcher seats at Franklin County _IPS CAD Software 4.0- I/Calltaker seats at Franklin County IPS CAD Software 1.0. Supervisor Workstation Software IIMARS-Client Reporting Client Module 2.0 2,0 Mapping Tool(met Nucleus,Admin& MGE-Bundle for Benton County .Mapper) 1.0 Mobile Data Tertninals Software UMobil Concurrent Licenses MDT Client Module 75.0. Police RMS Client Module fur Field ULEADS-RMS Concurrent Client Licenses for MDTs Reporting _ 75.0 Police RMSIJMS Workstations Software IILEADS-RMS Concurrent Client Licenses for Desktop Police RMS Client Module - 1 10.0 ULEADS-Jail Management System Concurrent Client Licenses PoliceJMS Module - 30.0 Total 53.0 410 266.5 37.5 BI-PIN Interlocal Agreement 31612009 Page 11 AGENDA REPORT FOR: City Council April 29, 2009 TO: Gary Crutchfield, i ager Regular Mtg.: 5/4/09 Rick White, Community &Economic Development Director FROM: David I. McDonald, City Planner ,�-- SUBJECT: FINAL PLAT: Chapel Hill Phase 3 (Envision Homes) (MF#FP08-008) I. REFERENCE(S): 1. Final Plat (Attachments in Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco-wa.gov/ge.neral.info/citycouncilreports) 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/4: MOTION: I move to approve the final plat for Chapel Hill Phase 3. I11. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 20, 2009 the City Council approved a final plat for Juniper Grove Phase 1. Juniper Grove was developed as a part of the Chapel Hill development and was in fact originally Chapel Hill Phase 3. The marketing and development divisions of Envision Homes (the developer) failed to communicate on the name change for the development from Chapel Hill to Juniper Grove. Because considerable time and funds have been spent on marketing this plat under the name of Chapel Hill Phase 3 the developer has resubmitted the same final plat with the name changed to Chapel Hill Phase 3. B. The final plat approved on April 20, 2009 under the name of Juniper Grove will not be recorded. C. Chapel Hill Phase 3 is located east of Saratoga Lane and north of the FCID irrigation canal. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed a majority of the improvements and has provided the City with a bond in an amount sufficient ($108,790.00)to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(e) 1 � 'a` r�• f t 'te }c c a 'ka' AlF dblk '";A _ ' 'Ffi.,.Yrr'} yo-� �.��Jy.. t"��• t, � ; � �Lv --. i'r�Y,�inn. •�. �" .p� .s::G°"' _ r +�"� •. �!y •r'+, F-A�• •i"..- ry Irk j ',,.� f-' ;a•� ��t '!�+<'�`"v";�,7 ./ "' f'_�t�"�,Fp'! �':.:�►�,fN�; A '�°..�Si' r dry!'"'�,'4 1 NO Wn AGENDA REPORT NO.9 FOR: City Council April 23, 2009 TO: Gary Crutchfi i Manager Robert J. Albe lic Works Director FROM: Michael McShane, City Engineer Workshop: 04/27/09 Regular: 05/04/09 SUBJECT: Waiver of Utility Service Requirement— West Enterprises—4708 N Capitol Ave P.M.C. Chapter 16.06 I. REFERENCES): 1. Vicinity Map 2. Petition for Utility Service Waiver 3. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04127: Discussion 05/04: MOTION: I move to approve Resolution No. ,5(0, conditionally granting the sewer utility waiver request by West Enterprises. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The applicant has requested a sewer waiver in order to install a septic tank system for their business. P.M.C. 16.06 requires connection to the utility system when a building permit is issued unless such requirement is waived by action of the City Council. B. A City sewer main, as shown on the vicinity map, is within 200 feet of the property. However, the main is not currently connected to the City sewer system. Connection of this main will require the construction of a sewer lift station and approximately 500 feet of new main at the intersection of Capitol Ave and Hillsboro St. V. DISCUSSION: Any determination or decision by the City Council to waive utility requirements is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows: (1) Special circumstances applicable to the property in question or the intended use that do not generally apply to other properties or classes of uses in the same vicinity or zoning classification. A sewer main is within 200 feet of the property. In order for the sewer main to be put into service a new sewer lift station must be constructed. (2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and the same zoning classification, which because of special circumstances is denied to the property in question. There are properties in the area with septic tank systems. The property owner should not be required to bear the entire cost of the sewer lift station. 3(f) (3) The granting of the waiver will not be detrimental to the public welfare or injurious to other property improvements in such vicinity and zoning classification, which the subject is located. The Uniform Building Code requires permanent structures to be provided with adequate health and sanitation facilities. A building with a septic tank/drain field would meet the sanitation requirements of the Uniform Building Code. (4) The granting of a waiver will not conflict with the general intent of this ch apter. The use of the septic system is temporary. The property will be required to connect to the sewer main when it is put into service. In the past when Council approved utility waivers the following conditions applied: (a) Require the applicant to participate in future L.I.D. or U.L.I.D. activities commenced by petition or resolution that would involve the property in question; (b) Require the applicant to pay an equitable share of any private utility extensions abutting the applicant's property. Based upon a review of the criteria above, Staff recommends approval of the sewer waiver request if conditioned to include provisions 4(a) and (b). � Y!'h : .. . _ �y._• _.,i¢a,t¢,i�wvcseratic.F's!,."s^'k^S°�17E3_. t� _ - '9 • �' a ;•'i�c,4 tf'`w Q r , { Ff,.� �. 'A ,t `:`mot.r�°�Y{ '��� � ��'"' S aE q � ,'" ✓ � �� � I;Mat'• "'N4. 3'y. "y�Y.� ya ?,�' t`T 4 43 5 8 '�tt% �' •�+a y.r � f�• VIA Yll S ;tRr ` !•Yi: '3' e' r%fir . F . Y ` .rho-Ya'� ry��''.��M � ,x fie. _ •K'!If.�,: •f- .1� 1 �"! a a_;" "� rr .�,�z �.�'- '''t'y.,.5� e�' , art..' °: r: • .u. , .: + t r,k � .,. Aft :. L Al IA o Al �7 • XP • • • MIL Iola - F ,-i � ✓ ��'1 i ik6 1a, �i �� M a ,•� .<.E �:. ���'4 ate•` ;,,.�.r'a� � � a'"' .y��w °`�, `�-;- ' t-��`+• � �,i t f.. �, ;ai ry�T 'y7• „�1 a.ks�� i{ i'4' 'Y1 .1 ^}-2y �� r ., ,k q. •` �.,Y.3 %c"+.A$.'i ej: ,ate�� h'7 1; 111 �. D' +� r• ,',,.'Y 4}y fps i � ,� >• 1�ae• * " '} :,�i'�''.17�' R~�V ��(� ��•i ,� �'7 .�..,� tV'.,,;:� :k�"?r`:'"; �.' .a', .tS:ia 1k. �- �:.,=�,nvW+e'.N 'aa'-'`«;.'-' � �.'•: vFa"•.(�Itj� r': s� �; 1� w,d<� m,.r` E• t4 ^• � '�F�x � ,� i :r;x `k:t,. •-^t�c� -:n�a `�4 LIetw enterprises,pc engineering ■ planning ■ development February 16, 2009 Mr. Matt Rasmussen City of Pasco 525 N. Third Avenue Pasco, WA 99301 Subject: Petition for Utility Service Waiver Mr. Steve West 4708 N. Capitol Avenue Dear Mr. Rasmussen: Attached please find a completed Utility Service Waiver petition for the above described property. Included with this request is an aerial photo and Franklin County Assessor information for the parcel, an overall utility map for the area and a cost estimate for the public sewer that would be required to be installed if the waiver request is not approved. The property owner desires to install a restroom in their facility. There is an existing sewer line in the adjacent roadway, however, in order for the sewer to be operational a lift station and force main would have to be installed. The cost of these improvements has been estimated at approximately $300,000. The property owner plans to spend approximately $15,000 to install a restroom and on-site septic system if the utility waiver is approved. As you can easily see, the cost to make the City's sewer line operational is not reasonable given the small size of the proposed building improvements. The site is currently served by City domestic water service, so installing an on-site septic system will not adversely impact a domestic water source. We respectfully request that the City approve the attached petition and allow an on-site septic system to be installed until the City's sewer system is operational. Please let me know if you have any questions. Sincerely, Roger . W right, P.E. RGW Enterprises, PC Cc: Steve West Attachments 3100 george Washington Way ■ Richland,M 99354 ■ Office 509.375.3565 ■ Fax 509.375.3566 • www.rgwenterprises.com CITY OF PASCO PETITION FOR UTILITY SERVICE WAIVER PLEASE COMPLETE THE APPLICATION CLEARLY AND ACCURATELY Mr. Steve West Mrs. Judy West (Name of Owner/Applicant)(1st Party) (Name of Owner/Applicant)(2nd Party) 2699 Road 68 Pasco WA 99301 2699 Road 68, Pasco, WA 9930.1_ (Address) (Address) 509-547-4130 509-547-4130 (ph P one) (Signature) Steve West (Si nature Judy West General Location of Property-.4708 N. Capitol Avenue, approximately 2,400 feet north of the intersection of N. Capitol Avenue and Kartchner Street. (give location relative to streets, intersections, etc.) Legal Description of Property for which the Utility Waiver is requested: Tax Parcel ID 113-234-027, That Portion of the East half of the Northwest quarter and the West half of the Northeast quarter of Section 17, Range 9 N, Township 30 E.. See attached map and Franklin County Assessor document. Current Land Use of Property: Light industrial, warehousing. 1) Type of utility waiver requested: Water Sewer X 2) Describe the reason for requesting a waiver from the requirement to connect to the municipal water and/or sewer system? The existing building needs a restroom, and therefore a sewer system. The existing City of Pasco sewer system needs a lift station installed and approximately 800 feet of forced main before the sewer line to the site is operational. The cost of the lift station and force main is estimated to costs nearly $300,000.00. The total cost for the restroom and on-site septic system will be approximately $15,000.00. Making the sewer system improvements is not economically feasible given the cost of the proposed restroom improvements. 3) Describe alternative method of utility provision from which a waiver is requested? If a utility waiver is granted, an on-site septic disposal system will be installed. 4) Special circumstances applicable to the property in question or intended use? The site is currently served by the City of Pasco water system so an on-site septic system will be a safe and cost effective method of providing sewer service until the City's sewer system is operational. 5) What changed or changing conditions warrant the proposed Utility Waiver? The on-site septic system will be temporary until the City's sewer system is operational. 6) What other properties in the same vicinity and within the same zoning district have received a Utility Waiver or are not connected to one or both of the municipal utility systems? It is not known whether the other nearby properties received utility waivers, however there are other on-site septic systems on adjacent properties to the north of the site, but within City limits. 7) How will the public health and welfare be protected by granting the Utility Service Waiver? The site is served by the City of Pasco domestic water system so an on- site septic system will not affect a domestic water source. RESOLUTION NO. 35—to A RESOLUTION CONDITIONALLY GRANTING THE SEWER UTILITY WAIVER REQUESTED BY WEST ENTERPRISES WHEREAS, Pasco Municipal Code (Title 16, PMC) requires connections to the utility service when a building permit is issued unless such requirement is waived by action of the City Council pursuant to PMC 16.06.040; and WHEREAS, West Enterprises has requested a sewer waiver in order to install a septic tank system for the business located at 4708 North Capitol Avenue in Pasco; and WHEREAS, an existing City sewer main is located within 200 feet of the property, but it is not currently connected to the City sewer system and connection would require the construction of a sewer lift station and approximately 500 feet of new sewer main to service the property; and WHEREAS, the City Council finds that special circumstances are applicable to the property that do not generally apply to other properties in the same vicinity or zoning classification; the granting of the waiver will not be detrimental to the public welfare or injurious to other property improvements in such vicinity; and properly conditioned, such grant of a waiver will not conflict with the general intent of Chapter 16.06 of the Pasco Municipal Code;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1. A conditional waiver is granted to West Enterprises for its property at 4708 North Capitol Avenue, Pasco, Washington, to permit the use of a temporary septic system upon the following conditions: A. The waiver will expire when the sewer main servicing the property is put into service by the city. B. The applicant shall participate in future L.I.D. or U.L.I.D. activities commenced by petition or resolution that would involve the subject property. C. The applicant shall pay an equitable share of any private utility extensions abutting the subject property. D. This conditional waiver shall be recorded with the Franklin County Auditor, at the expense of the applicant, and shall be binding on any successor in interest. Section 2. This Resolution shall become effective upon its approval and recording with Franklin County Auditor. APPROVED by the City Council of the City of Pasco, Washington, this day of April, 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council April 28, 2009 TO: Gary Crutchfield, nager Regular Mtg.: 5/4/09 Rick White, (- Community&Eco omic Development Director FROM: David 1. McDonald, City Planner?l--- � SUBJECT: STREET VACATION: A portion of Montana Avenue(MF#VAC09-008) I. REFERENCE(S): A. Vicinity Map B. Proposed Resolution C. Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 514: MOTION: 1 move to approve Resolution No. 3151, setting 7:00 p.m., Monday, June 1, 2009, as the time and date to conduct a public hearing to consider vacating Montana Avenue between Salt Lake Street and Pueblo Street. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in the Freys Addition have petitioned to vacate Montana Avenue between Salt Lake Street and Pueblo Street. The vacation is being requested to facilitate future commercial development of properties adjoining Montana Avenue. 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 June 1,2009. 3(g) T `•Rl a�. as o cfs oo r : Cid o PEE �:p Q 4. J s cd � fA POO PO IL d� • �� a h� p�FZ ,� 6, RESOLUTION NO. I� r A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF MONTANA AVENUE. 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 Montana Avenue between Salt Lake Street and Pueblo Street, 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 June 1, 2009. 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 4`h day of May, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney � G 03 ci VVI O � O cl oo to ._ O }' 0 •v � L ; GPL�F as 9-i�i; _ FEE $200 0=01 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # d -dOtj DATE SUBMITTED: !Y-A-_0cl 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: APPLICANT: PROPERTY OWNED (Legal Description) Print Name: JDaV 1_ JOL.O S C1Q1t_'M&X r,/"+a Qst?C� Sign Name: J 1-0T'S Is - 1(0 L�K ,tq Address: 1 ap En Phone # va oaa� a 123-502--022 Lots 3=-24, Block 23, ms's Acldn. Print Namc: Mark 4 Mumm : Farrtum Fria&11n County, ifA �. Sign Name- Da,A Im I�9 APPLICANT: Print Name:."rL I, Sign Name. c-�rS t'7 - 2 L ,C 2y Address:Phone # Date A� AGENDA REPORT FOR: City Council April 28, 2009 TO: Gary Crutchfi ityrManager Regular Mtg.: 514109 Rick White, V Community& Economic Development Director FROM: David I. McDonald,City Planner-l�L. SUBJECT: STREET VACATION: A portion of West Park Street (MF# VAC 09-009) I. REFERENCE(S): A. Vicinity Map B. Proposed Resolution C. Vacation Petition It. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/4: MOTION: I move to approve Resolution No. 1`5% , setting 7:00 p.m., Monday, June 1, 2009, as the time and date to conduct a public hearing to consider vacating a portion of West Park Street. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of the lot at the northwest corner of Park Street and Road 50 has petitioned to vacate the north half of West Park Street adjacent his lot. The portion of Park Street in question has never been improved and is not planned to be improved. 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 June 1,2009. 3(h) �� 4•-,w T`:'-i U �• .. - .k. ,.�......y"'^'6'Ff�b>;9' YEA'F"e...,''. . .16 lb 4, Al �'�. �'•" ;.,,�a_A: a1-. is"ea��. �.: s,. IV It t ^:L, :: •� _. �„.. ¢..;.-,. >.'.'< iii .: _ ". .;,_... ;� • �• .. .• �{ � s �M ,.. -yn. {tee. s- kF �. , . fjw, AU' li��w.•w.-._ --�_ .M a�N• +�?r{5�.1`a -D 1LJ/1e— �� S 1 � _..�,_ ��Y•' F�' s_ rpK .F i RESOLUTION NO. -3150 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF WEST PARK STREET. 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 north half of West Park Street adjacent to Lot 1, Lands of Chidester, 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 June 1, 2009. 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 0' day of May, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 8t, db'02J F- �' w c�-i) � � Q O 05 ado �7 U � �5 ado � It Z y .0 CL � z5 ado � e� 0 LM FEE $200 WD log CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # VAC 09 -OCq DATE SUBMITTED: • 2b•b 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: APPLICANT: PROPERTY OWNED (Legal Description) Print Name: r Sign Name: oe Address: Q L rr 1 j L, iA idi> S y s Phone # 1��9.2y57�apate - -09 Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT FOR: City Council April 29, 2009 TO: Gary Crutchfield, anager Regular Mtg.: 5/4/09 Rick White, Community &Economic Development Director FROM: David I. McDonald, City Planner 11-k, SUBJECT: STREET VACATION: A portion of Colorado Avenue and Salt Lake Street (MF# VAC09-006) I. REFERENCE(S): A. Vicinity Map B. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 5/4: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Salt Lake Street and Colorado Avenue and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Property owners in the Freys Addition have petitioned to vacate Colorado Avenue located between Blocks 16 and 17 of the Freys Addition together with the south 10 feet of Salt Lake Street adjacent to the same blocks. The vacation is being requested to facilitate future development of said blocks for commercial purposes. B. The Council set May 4, 2009 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. B. The Franklin County PUD has requested an easement be retained across the southern 10 feet of Salt Lake Street. 7(a) :d^ 1 e f � 1 O Mk ct Ct ct 44 o F b�D cs 5i � ` WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99341 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SALT LAKE STREET AND COLORADO AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and 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, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Colorado Avenue from the south right-of-way line of Salt Lake Street to the north right-of-way line of Duluth Avenue between Blocks 16 and 17, Freys Addition, together with the south 10 feet of Salt Lake Street from the east right-of-way line of vacated Montana Avenue to the west right-of-way line of Utah Avenue as depicted in Exhibit"1" be and the same is hereby vacated subject to the easement retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the south 10 feet of the Salt Lake Street right-of-way vacated in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. This ordinance shall take full force and effect five(5)days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 4th day of May, 2009. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT FOR: City Council April 29, 2009 TO: Gary Crutchfield, C nager Regular Mtg.: 5/4/09 Rick White, Community & Economic Development Director FROM: David 1. McDonald, City Planner< k� SUBJECT: ANNEXATION: Road 76 &Court Street(MF#ANX09-001) I. REFERENCE(S): A. Vicinity Map B. Proposed Ordinance C. Annexation Petition's * Note: Reference C is included in Council packets only. II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 5/4: CONDUCT PUBLIC HEARING 5/4: MOTION: I move to adopt Ordinance No. an Ordinance annexing certain real property to the City of Pasco and, further authorize publication by summary only. III. ' FISCAL IMPACT: Return to the General Fund of approximately $30,000 annually due to the annexation of the natural gas metering station, and the addition of$4,861,400 to the total assessed value of the city. IV. HISTORY AND FACTS BRIEF: A. On April 20, 2009, the City Council passed Resolution No. 3155 establishing an annexation boundary for the proposed Road 76 and Court Street annexation. A 60% petition for the annexation boundary approved in the Resolution has been prepared. B. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the 60% petition method of annexation. C. The next step in the annexation process requires the City Council to hold a public hearing on the proposed annexation. V. DISCUSSION: The proposed annexation Ordinance, if adopted, will cause the properties in question to be annexed to the City subject to the following conditions: 1. The Comprehensive Plan of the City will continue to be applicable to the area. 2. The annexation area will not assume any existing bonded indebtedness. 3. The annexation area will be assigned to Voting District#5. The proposed Ordinance will cause the properties in question to be annexed to the City on June 1, 2009. 7(b) ON t $ sd: a 4r jx Wpm am RE A 13 OWN NO 0 � ,.� � �' :. M, ":f ,� .r—•+..r �,•tam 1q.��,1-.+`�:f f �r?}?, • 1ti'`T••4�� f.i •'�-•"•. 1 >.� .►• ..�h''Yt dwdY f, �'a`^0.� } � .St 4n��' er` .�•'., i 1-•i'i". 5�� � "fit r^I . r b i F ♦ W. it .'•�I},.,�J i l.'1t ,'fry i .-J. � ��•'t `-'.�i*'�+a'' ': } f i f'� :!�'°�'qL' •, wrt'?'rlgg°t�`�t s' /!• �+ .3* k •4. `ti,if 1�,1 iR� eA- dab Is:a�M�=��iW' _ �8"s,+•N+r•-,••'"..,.. ,�Ij�;y�...��F iT'-w,. „�,,Q.viy1,Q'Y�pr• n;if�•-i:�': � y. • -S• �4 .. y�,,{�:. �. ,�,.r'�':• ... =a^,� �` it .;�. 'fit S}" A•'�'�r.... f`* iP � .. �. g•' ^ tt.. '$ r F -, � � � Al t+ "1*2 NI M :Lam:. # � , L ':ASF '� ��'� ��Ci.,l. �a':1 �'.• ' WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3" Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on May 4, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Beginning at the intersection of the Southwest corner of Short Plat 2003-26 and the East right-of- way of Road 80, said intersection being the TRUE POINT OF BEGINNING; Thence Northerly along the East right-of-way line of Road 80 to the Southwest corner of Short Plat 92-10; Thence Westerly along the westerly projection of the south line of Short Plat 92-10 to the West right-of way line of Road 80; Thence Northerly along the West right-of-way line of Road 80 to the intersection with the Westerly projection of the North line of Short Plat 92-10; Thence Easterly along the Westerly projection of the North line of Short Plat 92-10 to the Northwest corner thereof; Thence Easterly along the North line of Short Plat 92-10 to the Northeast corner thereof, Thence Southerly along the East line of Short Plat 92-10 to the intersection with the North line of a parcel described as the South 130 feet of the West 110 feet of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 21, Township 9 North, Range 29 East Willamette Meridian; Thence Easterly along the North line of said parcel to the East line thereof; Thence Southerly along the East line of said parcel to the intersection with the North line of the North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of Section 21, Township 9 North, Range 29 East, Willamette Meridian; Thence Easterly along the North line of the North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of said Section 21 to the West right-of-way line of Road 76 ; Thence Southerly along the West right-of-way line of Road 76 to the intersection with the Westerly projection of the North line of Lot 1, Ter-Ray Estates; Thence Easterly along the Easterly projection of the North line of Lot 1 Ter-Ray Estates to the Northwest corner of Lot 1, Ter- Ray Estates; Thence Easterly along the North line of Lots 1, 2 and 3, Ter-Ray Estates to the Northeast corner of Lot 3, Ter-Ray Estates; Thence Southerly along the East line of Lots 3 and 4 Ter-Ray Estates and continuing Southerly along the East line of the South half of the South half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 21, Township 9 North, Range 29 East, Willamette Meridian to the intersection with the Southeast corner thereof; Thence Westerly along the South line of the South half of the South half of the Northwest quarter of the Southwest quarter of the Southeast quarter of said Section 21, to the intersection with the East right-of-way line of Road 76; Thence Southerly along the East right-of-way line of Road 76 to the intersection with the North right-of-way line of Court Street; Thence Westerly along the Westerly projection of the North right-of-way line of Court Street to the intersection with the West line right- of-way line of Road 76; Thence continuing Westerly along the North right-of-way line of Court Street to the intersection with the Southeast corner of Short Plat 76-10; Thence Northerly along the East line of Short Plat 76-10 to the intersection with the Northeast corner of Short Plat 76-10; Thence Westerly along the North line of Short Plat 76-10 to the TRUE POINT OF BEGINNING; as depicted in the map attached hereto and labeled Exhibit 1 and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District# 5. Section S. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on June 1, 2009. PASSED by the City Council of the City of Pasco this 4th day of May 2009. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM Sandy Kenworthy, Deputy City Clerk Leland B. Derr, City Attorney -2- EXHtBtT t 10 NEXAT N AREA CITY LIMITS CITY LIMITS S I AGENDA REPORT NO. 19 FOR: City Council April 22, 2009 TO: Gary Crutchf y Manager FROM: Robert J. Alb s, Public Works Director Workshop Mtg.: 4/27/09 Regular Mtg.: 5/04/09 SUBJECT: Award West Pasco Water Treatment Plant Project, #09-2-01 I. REFERENCE(S): 1. Bid Tab 2. Technical Memorandum 3. Vicinity Map H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/27: Discussion: 05/04: MOTION: I move to award the low bid for the West Pasco Water Treatment Plant Project, #09-2-01 to Apollo, Inc. in the amount of $8,699,763.00 plus sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) On December 1, 2008 the Council approved the agreement with CH2MHill in the amount of$761,400.00 for the design of the new water treatment plant. On January 20, 2009 the City awarded a contract in the amount of $1,988,500.00 plus sales tax to PALL Company for membrane pressure filter system capable of 6 million gallons per day (MGD). On December 1, 2008 Council adopted the Planning Commission's recommendations and issued a special use permit for the new water treatment plant. On April 6, 2009 Council approved selling the $9 million water/sewer revenue bond to finance the new water treatment plant. V. DISCUSSION: A) On April 21, 2009 the City received five (5) bids for the West Pasco Water Treatment Plant. The low bid was from Apollo, Inc. in the amount of $8,699,763.00 plus sales tax. The Engineer's estimate was $7,250,000.00 plus sales tax. After reviewing the bids, staff believes the bidding climate was very good and the bids received represent the best prices that can be received. Other than the architectural requirements for the new plant, the design is very plain and basic. The Engineer's estimate reflects the estimated cost prepared in September 2008. B) The total construction cost assuming an award to the low bidder after adding sales tax is $2,153,545.00 for the PALL system plus $9,421,843.33 from Apollo, Inc. for a total of $11,325,473.59. In September 2008 the Engineer had estimated a total construction cost of$8,319,129.00. C) Attached is a technical memorandum from the Engineer, summarizing the project and costs. Staff believes the higher costs are mainly attributed to addressing the Planning Commission requirements and the mechanical and electrical costs to have the new plant capable of 18 MGD. The original estimate, for example, was for a 1.7 MG steel reservoir. After reviewing life cycle costs and the I-182 Corridor standards required by the special use permit, a more costly concrete reservoir was designed in lieu of a steel tank. Although the new 10(a) plant will initially be capable of pumping 6 MGD, the design is for an 18 MGD plant. All electrical, pumps, and piping are for an 18 MGD plant. Staff believes the original cost estimate did not adequately reflect the oversizing costs. By oversizing now, the only future costs will be for the modular package filter systems. D) The City sold a $9 million bond leaving approximately $2,326,000.00 to come from other sources to pay for construction. There is also approximately $1.6 million in costs for engineering, permits and utility services of which $712,000.00 has been expended. E) The beginning cash balance for the water utility fund is $3.6 million. It has been the City's practice not to drop the cash amount below $1.5 million. This would leave $2.1 million that could be used for the plant. Staff would recommend any additional funds needed could come from deferring some of the 6-year water capital improvement projects. The actual selection of projects to be deferred would be made at the time the new 6-Year Capital Improvement Program is approved by Council this fall. Since the expenditures will be made over a 12 month period, financing shouldn't be a problem. F) Staff believes the increase in costs for meeting the I-182 Corridor Standards and oversizing, the plant now justify the expenditures. Staff recommends Council award the contract to the low bidder Apollo, Inc. c 0 .N o x x x x x U c 0 z rn Y_ M N LO m O O O O O O a= M m 0 L It O O Qr O O CV O O X O F"' l� N O CO CD O N m L m I � O cfl .-' N J a a cq eq ° � CD O F k N cC J O a> o E o ° tC 't- 0 L Q U? L N x x x x x " 3 M N U N O L^ Q Q m R y+ Ch Q) N p� 1 N x x x X x w m E -o — m0 x x x x x :2 0 m w rm x x x x x V '- L � O � x x x x x O cn O CY c O .O C � O ? L � N N O w C z v c O O CA O C -� Q U °— U -mo o d p m Ca- V \H L V O m E m v otS co U J L11= p T CO C� Lt l t TECHNICAL MEMORANDUM West Pasco Water Treatment Plant CH2MHILL West Pasco WTP-Bid Analysis PREPARED FOR: Robert J. Alberts,Director of Public Works PREPARED BY: Anthony H. Krutsch,CH2M HILL DATE: April 22,2009 Bids for the construction of the West Pasco Water Treatment Plant were received by the City of Pasco on April 21,2009 at the appointed time and place, and were publicly opened and read aloud at the Pasco City Council Chambers. The City received 5 Bid Proposals for the West Pasco Water Treatment Plant Project No. 09-2-01. The Low Bidder for the project is Apollo, Inc.,at a LUMP SUM amount of$8,699,763.00 plus $722,080.33 for WSST,for a TOTAL CONTRACT AMOUNT of$9,421,843.33. In February,the City of Pasco purchased the 6 MGD initial Pressure Membrane System from the Pall Corporation,Inc.at a LUMP SUM of$1,988,500.00 plus$165,045.50 for WSST,for a TOTAL CONTRACT AMOUNT of$2,153,545.50. Based on the actual Bids received for the Project, the TOTAL CONTRACT AMOUNT for the 6 MGD initial Pressure Membrane System and the West Pasco Water Treatment Plant is $10,688,263.00 plus $887,125.83 WSST,or $11,575,388.83. In September 2008,CH2M HILL had provided an Opinion of Probable Cost for the Project in the City of Pasco West Side Water Treatment Plant Feasibility Assessment and Conceptual Design Report of$8,319,129.00 (including WSST) for the purchase of the 6 MGD initial Pressure Membrane System and the construction of the West Pasco Water Treatment Plant to provide for an ultimate capacity of 16 MGD. The September 2008 Opinion of Probable Cost was approximately$3 million dollars less than the TOTAL CONTRACT AMOUNT now apparent based on the actual Bids received. Since the completion of the Feasibility Assessment and Conceptual Design Report,the following modifications and changes, with the probable added costs of these modifications and changes, have been incorporated into the West Pasco Water Treatment Plant Project. • The equipment provided by the Pall Corporation is provided in a manufactured standard configuration of 3 MGD per rack,and each rack was slightly longer than had been anticipated. As the building was to be designed for future expansion,it was increased in size to accommodate the addition of standard racks allowing for an ultimate capacity of 18 MGD versus the originally planned 16 MGD. The expansion of the building footprint from 12,000 square feet to 14,000 square feet added$300,000 to the Opinion of Probable Cost. • Along with the expansion of the building footprint, each of the systems in the building, including chemical storage,HVAC, electrical, and other ancillary facilities were proportionately increased. These ancillary facility increases added an additional $200,000 to the Opinion of Probable Cost. • The clearwell/reservoir was revised from a Welded Steel Tank to a Prestressed Concrete Reservoir to comply with the Architectural requirements of the I-182 Overlay Zone regulations and increased in size to meet the requirements for the ultimate capacity of 18 MGD. The Opinion of Probable Cost for the change to the Prestressed Concrete Reservoir is$400,000. • In addition to the change in materials noted above,the Prestressed Concrete Reservoir was depressed below grade for mitigation of height above grade, required the over excavation and rebuilding of the subgrade to support the increased loading of the concrete materials, and required the installation of a sub drainage system for monitoring of the concrete tank construction. These added changes at the clearwell/reservoir increased the Opinion of-Probable Cost by an additional$200,000 over the above increase. • The Architectural changes to the building required to comply with the Special Use Permit for the I-182 Overlay Zone included special coatings of the exterior metal panels (Stucco Finish), addition of exterior columns,and wainscoting of the building perimeter. These added Architectural changes to the building increased the Opinion of Probable Cost of the building by$200,000,in addition to the increase noted above. • In the completion of the Final Design for the project,a number of other changes and additions were made to both internal and external site piping configuration, solids separation and handling systems, and to those pipelines between the Raw Water Intake at the Columbia River and the Water treatment Plant Building. These added changes and additions increased the Opinion of Probable Cost of the project by$500,000. The current design of the facilities can be easily expanded to the ultimate capacity of 18 MGD with the addition of pressure membrane racks (total of 4 racks),added raw water and finish water pumps and electrical and instrumentation and control modifications. Based on the adjustments to the Feasibility Assessment and Conceptual Design Report Opinion of Probable Costs as identified above, and the ability of the West Pasco Water Treatment Plant to be easily expanded in the future to an ultimate capacity of 18 MGD,we believe the TOTAL CONTRACT AMOUNT of$11,575,388.83 for the 6 MGD initial Pressure Membrane System and the West Pasco Water Treatment Plant represents a fair and reasonable value for the facilities being constructed. In the opinion of CH2M HILL,the City of Pasco has received conforming,responsive,and reasonably priced Bids for the Work required at the West Pasco Water Treatment Plant Project. The City was advertising this project in an extremely competitive bidding environment, and we believe that they received the best proposals for the Work included in the Bidding Documents that could be anticipated. Should you have any questions regarding the Bid Proposals received, please contact me. }�. z� C.L T n 1`Y�"^a�°;x�,'�.y,��y�� k ` �'.�•yy'+�'. � •,�d�i -L�, �4 1. •7 �; S ,.f .,a + � X9 X� �. ...I � .Myj Yid � yi ���a, '�- 4 - .•�-'7Q tee •� she r:~ `.e •,; wf...p ,'� � v S+w'yF• a '. �• :YA i;� s� � i\ � •fit � .5 #,...,.. fo y.'a'•. sY' •� 'Q 'el,y i�R J x � o AGENDA REPORT NO. 20 FOR: City Council April 22, 2009 TO: Gary Crutchfie LManager FROM: Robert J. Alb orks Director Workshop Mtg.: 04/27/09 Regular Mtg.: 05/04/09 SUBJECT: Amendment No. 2 to Professional Services Agreement with CH2MH111 I. REFERENCE(S): 1. Vicinity Map 2. July 7, 2008 Professional Services Agreement 3. Amendment No. 2 to July 7, 2008 Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 04/27: Discussion: 05/04: MOTION: I move to approve Amendment No. 2 to the July 7, 2008 Professional Services Agreement with CH2MH111 authorizing additional engineering services for Tasks 3-6, not to exceed $743,500 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In December 2008, Council approved the Professional Services Agreement with CH2MHill (consultant) to provide engineering services for the new West Pasco Water Treatment Plant and authorized the design service. The agreement outlined all tasks from feasibility study through construction services. In December 2008 Council authorized Task 2: Design services by approving Amendment No. I to the agreement. V. DISCUSSION: A) The design work (Task 2) has been completed. The proposed Amendment No. 2 is for engineering services for the pilot testing and construction services. These services in the agreement are Task 3: Services during construction, Task 4: Project management, Task 5: On-site inspections, and Task 6: Additional services. The pilot test is a routine requirement by the State Department of Health to test the treatment system with the actual water source to be treated. The pilot test will help determine optimum chemical dosage rates for maximizing the filtration efficiency. The pilot test was a condition of purchase when the City awarded the membrane filter contract to the PALL Company. The engineering services for this are under Task 6: Additional services. The estimate for engineering services for the test is $77,200. The estimate for Task 3 through Task 5 is $666,300. The fees are based on a time and material basis. B) Staff recommends approval of Amendment No. 2. 10(b) New Water Treatment Plant Vicinity Map i '."'�,,,1t �t�f�► ''`� '� rru ar are � � +rl,�IN w�14�wi � � x , ;�.. ���� yam.- :�,j� f� �.,.-��..,� •.. { .. � ��e •�� -•„•r' Is, .•.fi�.:.i� . .,, .i�.. • alp x NEW WATER TREATMENT 4 ' PLANT SITE LOCATION lit ZoW it �, ���y '°�� � - «Y ..'-• � Vii• Rei�Fl� r �..0 � e•" �'�,'.. Yii� , vet" r 1 j � '7 ��:.�0 _r II PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and CH2MHill hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the new West Side Water Treatment Plant. 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 Exhibit A - Task 1. 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 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 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, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a Lump Sum basis as set forth on the fee schedule found in Exhibit A - Task 1, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $48,900. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within 180 calendar days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 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. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. Ci 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. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time Iimitation 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. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. 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: CH2MHill Wally Hickerson 8836 W. Gage Blvd, Suite 202A 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. DATED THIS 71 DAY OF , 20 0 CITY O PASCO: CONSULTANT: Joyc is , Mayor Wally Hickerson, 142M il1 0'7 / 1 G/2ob8 A T• APPR D' S TO FORM: De ie ai ity erk Leland B. Kerr, City Attorney Exhibit A City of Pasco West Side Water Treatment Plant Feasibility Assessment Design and Construction Services Prepared for City of Pasco Department of Public Works June 2008 CH2MHiLL 8836 W.Gage Blvd.,Suite 202A Kennewick,WA 99336 Introduction The City has identified a site for a new Water Treatment Plant (WTP), located at Court Street and Road 111. This site has favorable features for a WTP, including proximity to the Columbia River (the water source), proximity to large potable water transmission lines, and proximity to an existing Sanitary Sewer Interceptor (a potential discharge location for solids disposal from the WTP). In a Technical Memorandum dated June 14, 2007, regarding the expansion of the City of Pasco Urban Growth Boundary (UGB), CH2M HILL had recommended that the City consider the construction of a new WTP site to serve both the existing and expanded UGB. The WTP would be constructed in modules of 2.0 MGD and would be fully automated (generally operated remotely from the City's existing 30 MGD WTP). The new WTP would provide a specified "base load" supply of water to the City (6 MGD to 8 MGD). Waste flows from the new WTP would be discharged to the existing City Sanitary Sewer Interceptor during low flow periods (possible separation of Iiquids and solids on-site with discharge of solids only to the Sanitary Sewer Interceptor). A pipeline would be tied into an existing transmission line located in the general vicinity of the new WTP. The intake facility for the new WTP would be combined with the existing Columbia River screen and intake for the City's separate Irrigation System. In addition to normal chemicals such as alum, polymer (anionic and cationic), activated carbon, caustic, disinfectant (which may include an alternate to liquid chlorine such as High Intensity W), and permanganate, the new WTP will provide for fluoridation of the treated water supply. A clearwell constructed on-site will provide for the required detention time for the ultimate expansion of the new WTP. In recent discussions with the City, the City has indicated that any above grade structure(s) at the new WTP should be an architectural treated metal building(s), and that noise issues should be investigated and mitigated from the adjacent properties (if required). The City has also requested that the office/laboratory facilities constructed on-site provide for training facilities to accommodate up to 25 staff. Work Plan Task 1: Feasibility Assessment The scope of work for the Feasibility Assessment is presented below. The "Feasibility" level of analysis implies that a conceptual-level analysis of treatment issues will be conducted, including: evaluation of alternate module package treatment plant technologies, siting and footprint issues, noise and potential mitigation, architectural impacts, regulatory and institutional issues, operational issues, and development of an opinion of probable costs. The primary deliverable for this project is a Technical Memorandum, and a high-quality PowerPoint presentation of findings that will be presented to the Planning Commission, City Council and other interested parties. Task 1.1: Data Collection During this task CH2M HILL will collect and review background data relevant to the Feasibility Assessment, including: information on the configuration and capacity of the local existing water distribution system and Sanitary Sewer Interceptor system; information on the configuration and capacity of the existing Irrigation System Intake Screens and Pumping Station at the Columbia River; information on the water quality of the Columbia River at the point of diversion; existing site topography; adjacent construction materials of structures and facilities;proximity of adjacent land use;and other available site information relevant to locating the new West Pasco WTP. It is anticipated that the City will provide paper and electronic copies of facility and site plans for the site, existing transmission pipelines, Irrigation System Intake Screens, and other facilities. Task 1.2: Feasibility Evaluation The purpose of this task is to develop an understanding of potential project constraints and implementation challenges. This assessment will include concept-level analysis of facility sizing (foot print), key treatment process components (process and chemicals), intake modifications required, system connection for treated water, waste discharge issues, site plans, and building elevations. This work will include a Feasibility Assessment of the following: • Treatment process and equipment alternative evaluation • Regulatory and permitting requirements for expanded raw water intake • Waste disposal requirements, The option to discharge to the sanitary sewer will be examined. • Potential site constraints (including noise impacts and mitigation measures) • Integration with existing infrastructure (water supply,waste disposal) • Basic design,implementation,and operating considerations • Plant and clearwell sizing calculations • Building conceptual level footprint and architectural elevations • Opinion of probable capital and O&M costs Any cost opinions or project economic evaluations provided by CH2M HILL will be on a basis of experience and judgment, but, since CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or project economics will not vary from these opinions. As part of this task, CH2M HILL will identify a list of regulatory approvals needed to implement a facility at the site. Environmental, permitting, and institutional issues having the greatest potential to impact construction and operation of a new plant at the site will be noted, including: • Ecosystem issues • Land use impacts • Air quality • Noise • Waste issues • Water quality, including stormwater • Transportation A list of issues that need further resolution, or require additional studies to address, will be prepared. A SEPA Checklist will be prepared for the project to be processed by the City of Pasco. Task 1.3: Prepare Technical Memorandum and Presentation Subtask: 1.3.1: Presentation to Planning Commission and City Council One of the deliverables for this project is a high-quality PowerPoint presentation of findings that will be presented to the Planning Commission, City Council, and other interested parties. The presentation will provide a brief overview of the current status of technologies, examples of applications in the Northwest, a discussion of the results of the Feasibility Assessment, and a discussion of key issues involved with constructing, operating, and maintaining facilities. A one (1) hour meeting will be held with City staff to preview and comment on this presentation prior to the Planning Commission and/or City Council meeting. Subtask: 1.3.2: Technical Memorandum CH2M HILL will prepare a brief Technical Memorandum (TM) documenting the above work. A plan showing conceptual facility layouts will be included. Elevation drawings of the above grade structure (two (2) drawings) will be prepared. Five (5) copies of the Draft TM will be provided to the City for review. It is anticipated that the City will compile all comments into one (1) copy from various City staff that may review the TM. CH2M HILL will review the comments with the City during a one (1) hour meeting. After incorporation of comments into the TM, five (5) copies of the Final TM will be provided to the City. A PDF copy of the final TM will also be provided to the City. Task 2: Design Services Following completion of the Feasibility Assessment, the City intends to proceed with design of the approved plan for the West Pasco WTP. Design Services will include: Task 2.1: Design Development (60%) Production of design drawings and specifications utilizing AutoCAD format, and CH2M HILL standard specifications. Submittal: Three (3) hard copies of half-size drawings (11X17), and draft specifications,and One (1) hard copy of the opinion of probable costs. Task 2.2: Contract Documents (90%) The Design Development documents and comments received will be incorporated into Contract Documents necessary to bid and construct the project. Contract Documents will be available for final review by the City and Washington Department of Health. Submittal: Five (5) hard copies of half-size drawings (11X17), and specifications, and One (1)hard copy of the updated opinion of probable costs. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, CH2M HILL has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CH2M HILL makes no warranty that the City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CH2M HILL's opinions, analyses, projections, or estimates. If the City wishes greater assurance as to any element of project cost, feasibility, or schedule, the City will employ an independent cost estimator, contractor, or other appropriate advisor. Task 23: Bid Ready Contract Documents Bid Ready Contract Documents will incorporate City and Washington Department of Health review comments. Submittal: Five (5) hard copies of bound half-size drawings, and one (1) unbound reproducible set of half-size drawings (11X17). Five (5) hard copies of bound technical specifications and bidding documents, and one (1) unbound reproducible set of technical specifications and bidding documents. Task 2.4: Support Bid and Award Provide assistance during bidding,including: • Provide technical assistance when needed to interpret contract documents. • Submit technical addenda if needed. • Attend and conduct pre-bid conference,including project site tours,for interested parties during the bidding period. • Attend bid opening and assist the Owner with opening of bids. • Assess contract bids for performance capabilities in accordance with the contract documents. • Prepare a summary of the bids received. Task 3: Services During Construction Following completion of Design Services, the City intends to proceed to construction of the West Pasco WTP. Services During Construction are based upon the understanding that the Owner will contract directly with the contractor; Owner will be actively involved in the construction process to make decisions, provide approvals, and perform other actions necessary for the completion of the construction contracts and that the contractor selected will be qualified to perform the work within the time period set forth in the Contract Documents,and at the amount offered by the contractor in the Bid. CH2M HILL will provide Service During Construction (SDC) as defined herein. These SDC are intended to assist the Owner to administer the contract for construction, monitor the performance of the construction Contractor to determine that the Contractor's work is in substantial compliance with the Contract Documents, and assist the Owner in responding to events that occur during the construction. The presence or duties of CH2M HILL's personnel at a construction site, whether as periodic visitors, onsite representatives, or otherwise, do not make CH2M HILL or CH2M HILL's personnel in any way responsible for those duties that belong to the Owner and/or the Construction Contractor or other entities, and do not relieve the Construction Contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. CH2M HILL and CH2M HILL's personnel have no authority to exercise any control over any Construction Contractor or another entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting,noting, observing, correcting, or reporting on health or safety deficiencies of the Construction Contractor or other entity or any other persons at the site except CH2M HILL's own personnel. The presence of CH2M HILL's personnel at a construction site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform generally to the Contract Document and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. CH2M HILL neither guarantees the performance of the Construction Contractor, nor assumes responsibility for Construction Contractor's failure to perform work in accordance with the Contract Documents. Construction Administration • Attend and conduct one preconstruction conference with the Owner's representatives, contractor, subcontractor, supplies,interested agencies, utility companies,etc. • Review project submittals to confirm designer's intent and project requirements, including: Submittals critical to the project Submittals that do not identify specific product types or model numbers Components requiring special fabrication or specialized design requirements Submittals of specialized tests Submittals confirming system performance and the designers intent Submittals for structural, mechanical, electrical, I & C systems, and specialized equipment • Provide monthly construction observation services, up to a total of 6 hours per month. Document performance and compliance with the contractual requirements. • Respond to contractor "request for information and clarification" to interpret design questions and/or requirements. Prepare design clarification responses and field directives for all design topics as required. • Provide technical information for inclusion in change orders or requests for quotes. • Review change order proposals. Assist in negotiating contractor costs. • Attend two meetings a month with the City and contractor during construction to discuss progress of construction. Attend onsite meetings for establishing a punch list, and performing the final inspection. • Review acceptance sampling and testing for construction materials. • Review and make recommendations regarding progress pay estimates for the construction contractor. Startup • Provide up to 40 hours onsite startup assistance. • Review the supplier furnished O&M manual(s) to incorporate specific product information. The manual(s) will be provided in bound hard copy and electronic format. Record Drawings • Prepare project record drawings from marked-up plans furnished by the construction contractor and Owner's on-site construction observer. These record drawings will be prepared by modifying the design drawings to reflect field changes made during construction and by adding features discovered during construction. CH2M HILL will not be responsible for representing field changes or other as-constructed information that was not properly recorded by the contractor and/or Owner's on-site construction observer. • Furnish to the Owner two (2) sets of paper print record drawings (11 X 17), and one (1) electronic CADD file. Task 4: Project Management This task involves CH2M HILL's internal and external management of the study's technical and administrative activities. This task includes quality assurance and quality control measures (QA/QC) of all deliverable products. Reviews will be provided by qualified CH2M HILL professionals who were not actively involved in the project. Deliverables • Preparation of meeting/workshop agenda and minutes, as appropriate. • Monthly project billings Task 5: On-site Services (Optional Task) If authorized by the City, CH2M HILL will provide an on-site representative during construction. The services provided by the on-site representative are defined herein. On-site Review of Work: CH2M HILL will conduct periodic on-site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. The level of effort and duration of the On-site Review shall be added to this Agreement by Amendment. CH2M HILL's on-site observer will arrange for weekly photographs of the work in progress by the Contractor, which will be made available to the Owner. CH21A HILL's observations of the work is not an exhaustive observation or inspection of all work performed by the Contractor. CH2M HILL does not guarantee the performance of the Contractor. CH2M HILL's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction, and CH2M HILL shall not assume liability in respect for the construction of the project. CH2M HILL shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work,and will monitor the Contractor's compliance with its plan. Reporting. CH2M HILL will keep the Owner advised of the progress of the construction. This includes submitting daily construction reports to the Owner and holding weekly construction meetings and consultations with the Owner and Contractor. Deficient and Non-conforming Work: Should CH2M HILL discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is otherwise defective, or not conforming to requirements of the contract or applicable rules and regulations, CH2M HILL will bring this to the attention of the Contractor and the Owner. CH2M HILL will thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. Independent Testing, Inspection and Survey Services: The City will employ, or cause the Contractor to employ, independent firms for the material testing, ICBO specialty inspection (required by Code Enforcement), survey, or other services related to verifying the quality of the Contractors work. CH2M HILL will assist in coordinating testing, inspection and survey services. CH2M HILL will review the reports and other information prepared by the independent firms. CH2M HILL will assist in coordinating their schedules and the transmittal of their reports, findings or other information to the Contractor and/or the Owner. Task 6: Additional Services (Optional Task) The City of Pasco may desire to have CH2M HILL perform work or render services within the general scope of this Agreement. Such work or services shall be considered as Additional Services and will be specified in a written supplement to this Agreement which will set forth the nature of the scope, schedule for additional work or services, and the method of payment. Work or services shall not proceed until authorized in writing by the Public Works Director for the City of Pasco. Schedule Task 1: Feasibility Assessment It is anticipated that the City will return comments to each deliverable within two (2) weeks of receipt. The Final TM and Power Point Presentation for the Feasibility Assessment will be completed by CH2M HILL and will be submitted to the City within three (3) months of notice to proceed. Task 2: Design Services The schedule for completion of Design Services shall be prepared during the Feasibility Assessment and shall be added to the Agreement by Amendment. Task 3: Construction Services The schedule for completion of Construction Services shall be prepared during the Design Services and shall be added to the Agreement by Amendment. Task 4, Task 5, and Task 6 The schedule for completion of Task 4, Task 5, and Task 6 shall be prepared upon request for these services by the City of Pasco and shall be added to the Agreement by Amendment. Budget and Terms Task 1: Feasibility Assessment and Task 4: Project Management The budget for the proposed work in Task 1 and associated Project Management is presented in Exhibit 1. The total Feasibility Assessment cost, including labor and expenses, is a Lump Sum amount of$48,900.00. EXHIBIT 1 PROJECT BUDGET Task Total Cost(Labor&Expenses) Task 11: Data Collection Task 1.2: Feasibility Evaluation Task 1.3:TM and Power Point Task 4: Project Management(Feasibility Evaluation) Total Cost(Labor&Expenses) $48,900.00 Task 2: Design Services and Task 4: Project Management The budget for the proposed work indicated in Task 2 and associated additional increment of Task 4 Project Management services will be separately negotiated with the City and CH2M HILL following the completion of the Feasibility Assessment and will be added to the Agreement by Amendment. Task 3: Construction Services and Task 4: Project Management The budget for the proposed work indicated in Task 3 and associated additional increment of Task4 Project Management services will be separately negotiated with the City and CH2M HILL following the completion of the Design Services and will be added to the Agreement by Amendment. Task 4, Task 5, and Task 6 The budget for the proposed work indicated in Task 4, Task 5, and Task 6 will be separately negotiated with the City and CH2M HILL and will be added to the Agreement by Amendment. AMENDMENT NUMBER 2 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and CH2MHill entered into a Professional Services Agreement on July 7, 2008, for engineering services with respect to the new West Pasco Water Treatment Plant. NOW, THEREFORE, this agreement is amended to allow CH2MHil1 to proceed with engineering services for Task 3: Services during construction, Task 4: Project Management, Task 5: On-site inspection, Task 6: Additional services (pilot testing services as outlined in the agreement), at the fees described on Exhibit A. 1. Scope of Work: Pilot testing services and construction services as outlined in Exhibit A. 2. Fee: The compensation for the work is based on a time and material basis in the amount of $743,500. 3. Time of performance: The services shall be complete for the project within 13 months. DATED THIS DAY OF , 2009. CITY OF PASCO: CONSULTANT--C112M Hill: Joyce Olson, Mayor Wally Hickerson, CH2MHil1 ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney CH2M Hill 1 Amendment No. 2 Professional Services Agreement—West Side Water Treatment Plant ATTACHMENT A CITY OF PASCO CH2M HILL FEE FOR SERVICE WEST PASCO WATER TREATMENT FACILITIES Based on the "Scope of Services" for the West Pasco Water Treatment Plant Project, CH2M HILL has prepared the following Proposal: Pilot Testing Services Task 1 (per diem***) $ 77,200 Construction Services (Optional Task) Task 2** (per diem***) $666,300 TOTAL SERVICES THIS AGREEMENT*** $743,500 ** Estimated cost based on qualified General Contractor and maximum 13 month construction period. *** For CH2M HILL staff that perform per diem services on this project, the Hourly Rate for these staff shall be calculated based on a raw salary multiplier of 3.15 except for the on- site representative which shall be calculated based on a raw salary multiplier of 2.50. Further, the Hourly Rates are subject to annual adjustment based on any increase in the staff members raw salary cost of living increase times a raw salary multiplier of 3.15 or 2.50 as applicable. C112M Hill 2 Amendment No.2 Professional Services Agreement—West Side Water Treatment Plant AGENDA REPORT NO. 14 FOR: City Council April 29, 2009 TO: Gary Crutchfi ager Robert Albert orks Director c FROM: Michael McSh ity Engineer Regular Mtg.: 05/04/09 SUBJECT: Award 2009 Sewer Line Extension-Whipple Avenue, Project 409-1-02 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 05/04: MOTION: I move to award the low bid for the 2009 Sewer Line Extension-Whipple Avenue, Project #09-1-02 to Mahaffey Enterprises, Inc. in the amount of$164,651.40, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. 111. FISCAL IMPACT: Sewer Utility Fund IV. HISTORY AND FACTS BRIEF: A) On April 29, 2009, staff received seven (7) bids for the 2009 Sewer Line Extension-Whipple Avenue, Project #09-1-02. The low bid was received from Mahaffey Enterprises, Inc. in the amount of $164,651.40, plus applicable sales tax. The second lowest bid received was from Culbert Construction in the amount of$179,253.59, plus applicable sales tax. The Engineer's Estimate for the project is $225,000.00, plus applicable sales tax. V. DISCUSSION: A) This project includes the installation of new sewer mainline in Whipple Avenue from Road 88 to Road 92, in Road 92 and in Merrick Drive. This will bring sewer service to approximately 22 homes. As part of the project the streets will be overlaid with new pavement after the sewer installation. Staff recommends award of this contract to Mahaffey Enterprises, Inc. 10(c) City of Pasco 2009 SEWER LINE EXTENSION WHIPPLE AVENUE Project No. 09-1-02 April 29, 2009 BID SUMMARY Total Engineer's Estimate $2251000.00 1. Mahaffey Enterprises, Inc. $164,651.40 2. Culbert Construction $179,253.59 3. Big D's Construction $190,242.14 4. Sharpe & Preszler, Inc. $193,944.30 5. Rotschy, Inc. $2001221 .40 6. Apollo, Inc. $2171-890.19 7. Ray Poland & Sons $235,451.00 • � a Lt�95 �■■I o ILLL LMUL Li 3AY Z N o � "GVoa w avoa 9 o �a K ONE N To AGENDA REPORT NO. 13 FOR: City Council April 29, 2009 TO: Gary Crutchfiel , it anager Robert Alberts, li orks Director FROM: Michael McShane, City Engineer Regular Mtg.: 05/04/09 SUBJECT: Award Argent Road Widening & Road 84 Sidewalks, Project #09-3-02 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 05/04: MOTION: I move to award the low bid for the Argent Road Widening & Road 84 Sidewalks, Project #09-3-02 to Inland Asphalt Company in the amount of$790,696.50 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street Fund Pasco School District IV. HISTORY AND FACTS BRIEF: A) In the June 16, 2008 meeting Council approved financial assistance to the Pasco School District to facilitate the installation of certain improvements in conjunction with the new Chiawana High School. This assistance included fifty percent of the cost of the signal at Road 84 and Argent Road, the total cost of the sidewalks on the south side of Argent Road and up to $250,000.00 for half the road improvements from curb to curb on Argent Road. B) In the December 9, 2008 meeting Council approved the acceptance of a Transportation Improvement Board grant in the amount of $200,000.00 for sidewalk installation on the east side of Road 84 from Court Street to Argent Road, and the south side of Argent Road in front of the new high school. As part of the grant, Franklin County is matching $40,000.00. C) In the March 10, 2009 meeting Council approved the purchase of signal pole equipment for Argent Road and Road 80 and Argent Road and Road 84 intersections, in the amount of$54,447.79. V. DISCUSSION: A) This project will complete the improvements required in conjunction with the new high school. The project includes traffic signals at Road 80 and Argent Road and Road 84 and Argent Road, as well as curb, gutter, sidewalk and street lights between Road 76 and Road 84 along Argent Road. The project will overlay the Argent Road area and Road 84 to the north along the school property. This will also use a Transportation Improvement Board grant to install curb, gutter and sidewalk along the east side of Road 84 from Court Street to Argent Road, and sidewalk along Argent Road in front of the new high school. B) On April 29, 2009, staff received three (3) bids for the Argent Road Widening & Road 84 Sidewalks, Project #09-3-02. The low bid was received from Inland Asphalt Company in the amount of$790,696.50. The second lowest bid received was from A&B Asphalt, Inc. in the amount of $832,610.20. The Engineer's Estimate for the project is $1,000,000. Staff recommends award of this contract to Inland Asphalt Company. 10(d) City of Pasco ARGENT ROAD WIDENING AND ROAD 84 SIDEWALKS Project No. 09-3-02 April 29, 2009 BID SUMMARY Total Engineer's Estimate $1,000,000.00 1. Inland Asphalt Co. $790,696.50 2. A&B Asphalt, Inc. $832,610.20 3. Granite Northwest, Inc. $9255425.00 _ ARGENT ROAD WIDENING & ROAD 84 SIDEWALKS Al ZSTP V CIN TY MAP