HomeMy WebLinkAbout2009.05.11 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. May 11,2009
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) McNary Pool Revised Management Plan:
1, Agenda Report from Rick White, Community & Economic Development Director dated
May 5, 2009.
2. February 20 Memorandum to City Manager.
(b) Franklin County Jail Expansion:
1. Agenda Report from Gary Crutchfield, City Manager dated May 5, 2009.
2. Conceptual Illustration of New Jail Building.
3. Conceptual"Ground Level"/Jail Footprint.
4. Conceptual "Upper Level"Footprint.
5. Conceptual Floor Plan for Municipal Court Space.
6. Pre-Design Construction Estimate.
7. Criminal Justice Sales Tax Estimate(2008).
(c) 2008 Fire Department Performance Report:
1. Agenda Report from Bob Gear,Fire Chief dated May 5,2009.
2. Resolution 2938.
3. 2008 Performance Report.
(d) Ridges to Rivers Open Space Network:
1. Agenda Report from Gary Crutchfield, City Manager dated May 7, 2009.
2. Letter and Associated Documents Addressed to Mayor Olson from Scott Woodward,
received 5/6/09.
(e) Contract for 5" and Ainsworth Infill Construction Project:
I. Agenda Report from Angela Pitman,Block Grant Administrator dated May 8, 2009.
2. Vicinity Map.
3. Price Analysis Worksheet.
4. Construction Contract.
5. General Terms and Conditions (Council packets only; copy available for public review in
the Planning office, the Pasco Library or on the city's webpage at http://www.pasco-
wa.gov/generalinfo/citycouncilreports).
(f) Consultant for Tri-Cities Consolidated Plan 2010-2014 Update:
1. Agenda Report from Angela Pitman,Block Grant Administrator dated May 8, 2009.
2. HOME Consortium Agreement.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT.
Workshop Meeting 2 May 11,2009
REMINDERS:
1. 12:00 p.m., Monday, May 11, Pasco Red Lion — Pasco Chamber of Commerce Membership
Luncheon. ("An Insider's Perspective and Wrap-Up of the Legislative Session," presented by
Senator Mike Hewitt)
2. 10:00 a.m., Tuesday, May 12, Senior Center — Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN,Alt.)
3. 12:00 p.m., Wednesday, May 13, Pasco Red Lion — Washington State Port Association Welcome
Address. (MAYOR JOYCE OLSON)
4. 7:00 a.m., Thursday, May 14, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee
Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;TOM LARSEN,Alt.)
5. 4:00 p.m., Thursday, May 14, 7130 W. Grandridge Blvd—TRIDEC Executive Committee Meeting.
(COUNCILMEMBER MIKE GARRISON)
6. 4:30 p.m., Thursday, May 14, Franklin County Public Works Shop — Solid Waste Advisory
Committee Meeting (note: revised time and location). (COUNCILMEMBERS MIKE GARRISON
and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBER MATT
WATKINS,Alts.)
7. 7:00 p.m., Thursday, May 14, Transit Facility — Ben-Franklin Transit Board Meeting.
(COUNCILMEMBER MATT WATKINS,Rep.;MIKE GARRISON,Alt.)
8. 11:30 a.m., Friday, May 15, Sandberg Event Center — Benton-Franklin Council of Governments
Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN,Alt.)
9. 2:30 p.m., Friday, May 15, Conference Room #1 — Animal Shelter Needs Assessment Meeting.
(COUNCILMEMBERS BOB HOFFMANN and AL YENNEY)
AGENDA REPORT
FOR: City Council May 5"', 2009
TO: Gary Crutchfiel ,lAanager Workshop Mtg.: 5/1 1/09
FROM: Rick White, -1'
Community&Economic Development Director
SUBJECT: McNary Pool Revised Management Plan
I. REFERENCE(S):
1. February 20`'Memorandum to City Manager
11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
05/11109: DISCUSSION
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Corps of Engineers developed the McNary Pool Shoreline Management Plan
in 1980, and prepared revisions to this original Plan in 1983. It has not been
updated since then. The Pasco Columbia River shoreline is regulated by the Plan.
B. In January of this year, the Corps (along with a biologist and a Fish and Wildlife
representative) presented draft revisions to the Management Plan at a public
meeting at Columbia Basin College.
C. The sentiment at the public meeting was one of concern over the regulatory
requirements contained in the Plan revisions — especially regarding impacts to
existing dock owners.
D. Council was given a summary of the Plan revisions at the 3/23109 Workshop
meeting and directed staff to request that the Corp provide a summary on the
revised McNary Plan.
I1. DISCUSSION:
A. Cindy Boen, project manager for the McNary Plan revision process, will provide
a summary of the Plan revisions and be available to answer questions.
4(a)
MEMORANDUM
DATE: February 20th , 2009
TO: Gary Crutchfield, City Manager
FROM: Rick White,
Community & Economic Development Director
SUBJECT: Revised McNary Pool Plan
The Corps of Engineers and an assortment of biologists, Fish & Wildlife agency
representatives and attorneys presented the Corp of Engineer draft Shoreline
Management Plan for the McNary Pool at a public meeting at Columbia Basin
College on Wednesday, January 14, 2009.
The McNary Pool Shoreline Management Plan was developed by the Corp in January
of 1980, revised in 1983 and has not been updated since then. In the years since its
implementation, the permitting and renewal standards have been followed by the
Corps in a haphazard manner. This has resulted in lax application of existing
requirements, encroachment on the publicly owned shoreline by adjacent
landowners, construction of docks that do not meet existing standards and
unrealistic expectations of many owners of adjacent shoreline property. Since 1983,
the population and developed property in the Tri-Cities has increased exponentially,
and 8 stocks of fish found in Lake Waliula have been listed as either threatened or
endangered under the Endangered Species Act (ESA). The 1983 Plan does not
acknowledge either of these occurrences through standards or permitting processes.
Currently, there are 24 existing docks in the McNary Pool that were constructed
prior to 1986. These are considered "grandfathered". Most of the remaining existing
docks are all allowed on a 5 year cycle of approval or renewal through a real estate
license that is coordinated by the Corp with agencies and Tribes. The real estate
license renewal process is an existing requirement and is unique to each site. It
usually takes 6 months and approximately $1,000 for processing, but circumstances
(for example, archeological remains) on the site can greatly impact both processing
costs and times. Approval and renewal of docks through this process is not a new
requirement. The Corp acknowledges that over the past years, renewals have not
followed a consistent pattern or have not followed existing regulations for
processing. Although the proposed McNary Plan revisions do not introduce this
requirement, due to past practice, it seems as though it is a new requirement.
The proposed McNary Plan reiterates existing regulations that prohibit transferring
dock permits or licenses when a new owner acquires ownership of a property with a
dock permit. These existing requirements provide for a 14-day window of
application from the time a property transfers ownership to apply for a new permit
or a renewal for an existing dock. Again, this is not a new requirement.
The changes within the draft Plan that will have the largest impact to most dock
owners in the Tri-Cities are to the dock design criteria. Although the proposed
design criteria contain too many points to list in this memorandum (see
attachment), the criteria that will have the most impact on existing dock permit
holders is likely the depth that docks must be anchored in. The depth requirement is
new criteria stemming from provisions of the ESA. The minimum depth that will be
permitted in the draft McNary SMP for anchoring of docks is 10 feet. This minimum
depth will impact holders of dock permits along the Pasco shoreline. Docks that
cannot meet the proposed criteria - whether new or a result of a renewal- will need
to be removed at the owners' expense. There is also a limitation on square footage
of docks at 160 feet. However this is not a new requirement. It has been
inconsistently applied and has created expectations of renewal that are inconsistent
with the revised Plan. The proposed Plan also contains new criteria for construction
and finishing, electricity and transparency of docks.
Under the draft McNary SMP, the shoreline allocations (basically the land use of the
McNary pool) remain unchanged from existing conditions. The draft preferred
alternative assumes that current allocations meet the needs of the plan and
requirements of the law.
As the City is not leading the revision process, and will not be the final authority on
adoption, it is not likely that we have the ability to make wholesale changes to the
direction the Plan is headed. However, if the City were to provide comments to the
Corps, we should focus on the minimum depth dock anchoring requirement of 10'.
This is the one requirement that is beyond the control of most dock owners. Options
may include:
1. Urge the Corps to consider other biological opinions regarding anchoring
depth of docks.
2. Urge the Corps to implement design criteria for dock renewals — but not
depth criteria. Perhaps recommend to the Corps an earlier date for
implementation of design criteria in exchange for removing minimum depth
criteria.
3. Urge the Corps to better justify the public benefit of the new minimum depth.
If information does not justify — then adjust proposed design criteria as
necessary.
4. Urge the Corps to allow "grandfathering" all existing and permitted docks
unless clear biological evidence exists that doing so will harm ESA species.
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AGENDA REPORT
TO: City Council May 5, 2009
FROM: Gary Crutchfield, City Manager Workshop Mtg.: 5/11109
SUBJECT: Franklin County Jail Expansion
I. REFERENCE(S):
1. Conceptual Illustration of new Jail Building
2. Conceptual "Ground Level"/Jail Footprint
3. Conceptual "Upper Level" Footprint
4. Conceptual Floor Plan for Municipal Court Space
5. Pre-Design Construction Estimate
6. Criminal Justice Sales Tax Estimate(2008)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/11: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The 25-year-old Franklin County jail requires renovation and is inadequate in size to
meet current or future jail space needs. Renovation cost is estimated at $445 million
and construction of an additional 225 beds in an expansion of the jail is estimated to
cost about $28 million. The renovation and expansion, combined, are expected to
accommodate jail space needs in Franklin County for another 25 years (minimum).
B) Franklin County has two options for funding such a project, both subject to voter
approval: a) traditional property tax bond; or b) criminal justice sales tax. If financed
via property tax bond, the estimated debt service of$2 million annually would require
an annual extra levy of about 46 cents per thousand of assessed value; thus, the owner
of a $200,000 home would pay an additional $92 per year in property tax while a
business with $1.5 million in taxable real/personal property would pay nearly $700
per year additional property tax. The same debt service would require a sales tax
increase of 3/10 of a cent county-wide, as the county's share (60%) would
approximate $1.9 million. Given the greater flexibility associated with the sales tax
option and the fact it will grow over time (thus allowing some future problems to be
addressed without additional tax burdens), the county prefers use of the 3110 criminal
justice sales tax option and seeks the city's opinion/support.
C) One of the city's priority needs is to make room for the overcrowded police
department and to pay for a new municipal court facility. The space currently
occupied by the municipal court at the county's public safety building was
constructed in the early 1970's and paid by the city as a long-term lease; that 40-year
lease terminates in 2012 and the city has no place to conduct court thereafter. The
police department has simply outgrown its space at City Hall due to the dramatic
expansion of its staff, in keeping up with the city's population growth. A space-needs
analysis and conceptual floor plan completed last year has identified a need for a new
building on the east end of the City Hall campus to house the police department ($11
million) and possibly a new municipal court ($3 million).
4(b)
D) Estimated debt service for a police station building combined with a new municipal
court space approximates $1 million annually. If financed via property tax, an
additional levy rate of about 37 cents per thousand dollars would be required; that
represents an additional $74 per year for the owner of a $200,000 home. The city's
additional property tax levy would be in addition to the county levy, if the county
chooses to use property tax as a financing mechanism. The city's statutory share of
the criminal justice sales tax (proportionate share of incorporated population applied
to 40% of the total 3/10 sales tax annually) would approximate $1.2 million.
V. DISCUSSION:
A) Although the county is legally responsible to provide jail space for felony crimes
within the county, the city is responsible for housing city misdemeanants. Clearly, the
best option for the city is to contract with Franklin County to house misdemeanants at
the county jail (doing so avoids construction of a separate jail at city expense as well
as transport costs between a separate jail and municipal court); this method has the
added advantage of helping the county provide for operating costs associated with the
jail (essentially, the city pays a large share of the annual operating cost for the county
jail, in the form of daily prisoner housing cost). In essence, the city and county both
benefit from a mutual contracting arrangement. As the county has nearly tripled in
population since the current jail was built, expansion is clearly needed now and for
future growth as well. The question is not whether a jail expansion is necessary; the
question is "how best to finance?" such a project.
B) As evidenced during the discussion of this matter during the recent joint "city/county"
meetings, the county's jail expansion project could include new floor space for
Pasco's municipal court (just as the city and county collaborated in 1970, a new long-
term agreement could be developed whereby the city would pay for new court space
as part of the jail expansion project). Thus, the county's jail project not only would
provide a long-term solution to the city and county jail space need, but would also
answer the question "where does the city conduct municipal court?" A long-term
agreement (at least in principle) could be developed prior to the financing solution.
C) Assuming the city is committed to including new court space in the jail expansion
project, the financing question appears easily answered. To finance both projects via
property tax would require two separate ballot issues (one county-wide for the jail;
one within the city for the municipal court space and possibly the new police station);
the effect, assuming voter approval, would be a total of 93 cents per thousand
additional property tax on city property owners (assumes jail, court and police
station), or $186 per year for a $200,000 home. On the other hand, the county-wide
sales tax option would require one ballot question, county-wide, and the result
(assuming approval of the 3/10 sales tax) would provide adequate funding for the jail
expansion, municipal court and the police station. In addition, the revenue stream
associated with the criminal justice sales tax (unlike the property tax) would tend to
grow over time, thus absorbing growth in operating costs over time and minimizing
the need to seek increased property or sales tax rates in the future.
D) Given the space needs of the city (new municipal court and police station), the
simplicity of the sales tax option (one, county-wide ballot), the ability of the criminal
justice sales tax to fully support all three projects; the improved opportunity to
collaborate with and mutually benefit the city and county criminal justice operations;
and the reality that the criminal justice sales tax will grow over time, staff urges
Council to prefer use of the county-wide criminal justice sales tax as the financing
option for the jail expansion, municipal court space and new police station. That
recommendation, however, is conditioned on the assumption that a satisfactory
"agreement in principle" can be established prior to formal action. To that end, staff
further recommends a joint resolution (city and county) which would spell out those
principles in formal accord and express mutual support for the criminal justice sales
tax ballot, presumably in November this year.
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AGENDA REPORT
FOR: City Council May 5, 2009
TO: Gary Crutch ty Manager
FROM Bob Gear, Fire Chief Workshop Mtg.: 5/11/09
Regular Mtg.: 5/18/09
SUBJECT: 2008 Fire Department Performance Report
I. REFERENCE(S):
1. Resolution 2938
2. 2008 Performance Report
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
05/11: Discussion
05/18: MOTION: I move to accept and approve the 2008 Pasco Fire Department
Performance Report
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) In 2005 the State legislature approved house Bill 1756. This legislation required
that all "Substantially Career" fire departments adopt 90% performance standards
and annually report their compliance with the adopted standards.
V. DISCUSSION:
A) The report for 2008 shows that the continued increases in call volume and traffic
has resulted in longer response times to some areas of the city.
B) The report shows that there are some areas of the total time to respond that can be
decreased through procedure changes, training and engineering modifications.
Total time includes Call Processing Time+Turnout Time +Travel Time.
4(c)
RESOLUTION NO. 03�
A Resolution approving performance standards for Pasco Fire
Department emergency responses.
WHEREAS,the City of Pasco Fire Department is legally established as a fire department
to provide certain emergency medical,fire and rescue services; and,
WHEREAS,the Pasco Fire Department has a mission statement and goals and objectives
to guide the organization in providing fire and emergency medical services to our
community; and,
WHEREAS, the Pasco Fire Department has a basic organizational structure which
includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs;
and,
WHEREAS, the Pasco Fire Department is required by state Iaw (SHB 1756, laws of
7005)to establish turnout and response time goals for various emergency responses;and,
WHEREAS, the Pasco Fire Department has developed written response coverage
objectives required to comply with applicable provisions of SHB 1756;NOW,THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section I. That the Pasco City Council hereby approves the attached Response
Standards as the Pasco Fire Department policy for determining resource deployment for
emergency medical,fire and rescue services;and,
This resolution was adopted at a regularly scheduled publ-c meeting of the City of Pasco
City Council for City of Pasco Fire Department on this day of February,2006.
& JeA.
Joyce lso Mayor
A T: APPROVED AS TO FORM:
Sandy Kenw hy, Deputy City lerk Leland B. Kerr, City Attorney
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
I. Mission Statement
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues,
hazardous materials and medical emergencies with compassion, integrity, and respect for
the people we serve. To be the premier provider of public safety services, utilizing our
people as the critical resource to accomplish our goals.
II. Response Standards
The following standards represent the minimum desired service level for the respective
emergency response services provided by the Fire Department. Affected managers shall
deploy appropriated resources so as to best achieve the standards set forth herein.
A. TURNOUT: A turn out time of two (2) minutes, which the department should meet
85% of the time. All firefighting safety equipment must be donned before the vehicle
can leave the station for a fire response.
B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6)
minutes for the arrival of the first engine company (at least two (2) firefighters) to a
fire suppression incident, which the department should meet 85%of the time.
C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout) of twelve
(12) minutes for the arrival of the full complement of a J." alarm response to a fire
suppression incident, which the department should meet 85% of the time. "Full
complement" means at least two (2) engine companies (trucks) with associated
firefighters and one (1)command officer.
D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6)
minutes/seconds for the arrival of the first emergency medical unit with at least one
(1) EMT on board to an emergency medical incident, which the department should
meet 85% of the time.
E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6)
minutes for the arrival of an advanced life support unit with at least one (1)paramedic
on board to an ALS emergency medical incident, which the department should meet
85%of the time.
F. HAZARDOUS MATERIALS: A response/travel time (after turnout) of six (6)
minutes for the arrival of the first unit with at least one (1) appropriately trained
Hazardous Materials Technician on board to a hazardous materials incident, which
the department should meet 85%of the time.
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six
(6) minutes for the arrival of the first unit with appropriately trained and equipped
personnel on board to a technical rescue incident, which the department should meet
85% of the time.
H. AIRCRAFT RESCUE AND FIREFIGHTING: A total response/travel time of
three (3) minutes for the arrival of the first unit with appropriately trained and
equipped aircraft rescue and firefighting personnel on board to the site of an aircraft
incident, which the department should meet 100% of the time (required standard of
FAA).
1. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6)
minutes for the arrival of the first unit with appropriately trained and equipped wild
land firefighting personnel on board to a wild land fire incident, which the department
should meet 85% of the time.
III. ANNUAL REPORT
The Fire Chief shall report the department's performance relative to these standards to
the City Manager and City Council annually.
February 2006
F� e oepa���'h�
CITY OF
PASCO
CITY OF PASCO
FIRE DEPARTMENT
RCW 35.103.10
PERFORMANCE MEASURES
2008 REPORT
F� a p®par%, h
s t
TABLE OF CONTENTS
ITEM PAGE
Mission Statement 3
Department Information 4
Fire Department Functions 5
Emergency Response Summary 6
Department Organization Chart 7
Staffing Levels and Distribution 8
City Council Resolution 9-11
Standards of Response Performance Measurements 12-21
Predictable Results 22
Plan of Action 23-24
2008 Table of Results 25
2
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-,
Pasco Fire Department
Mission Statement
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescue,
hazardous materials and medical emergencies with compassion, integrity, and respect for the
people we serve. To be the premier provider of public safety services, utilizing our people as the
critical resource to accomplish our goals.
3
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Department Information:
The City of Pasco Fire Department; Office of the Fire Chief was created by Ordinance # 73 on
July 16, 1908 with the responsibilities of caring for the fire equipment. Today, the fire
department is staffed by career members working 24 hours on duty followed by 48 hours off.
Firefighters respond to an average of 10 requests for service a day with approximately 80%
being medical emergencies.
In addition to serving the citizens of the city of Pasco, the fire department provides ambulance
services to the surrounding Franklin County Fire District #3 and Advanced Life Support (ALS)
Ambulance service to the Burbank area.
4
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Fire Department Functions
The staff of the Pasco Fire Department is expected to be trained and willing to provide the
following services to the community;
• Structural, Vehicle and Wildland Fire Suppression
• Advanced Life Support (ALS) Emergency Medical Services and Transport
• Public Information and Education
• Hazardous Materials Operations Level Response
• Hazardous Material Technician Level response with 6 members
• Aircraft Rescue and Firefighting (ARRF) capability within the airport as well as within
the surrounding community
• Technical Rescue Operations level Response
• Technical Rescue Technician level Response with 9 members to include confined space,
trench rescue, rope rescue and advanced vehicle extrication skills for modern hybrid
vehicles. (to be developed in 2009)
To accomplish these tasks Pasco Firefighters will:
• Study, Train and Practice the skills and tasks they are expected to master.
• Maintain a high level of physical fitness.
• Check and Maintain the Apparatus and Equipment they work with.
• Be familiar with the community and any hazards they may encounter.
5
Emergency Response Summary
The Pasco Fire Department responded to the following emergency responses in
2008, broken down as follows:
• Emergency Medical Responses: 2774
• Structural Fire Responses: 77
• Vehicle Fire Responses 50
• Wildland Responses: 71
• Hazardous Materials Responses: 19
• Aircraft Responses: 6
• Technical Rescue Responses: 1.
• Other Miscellaneous/False Responses 552
Total Responses: 3549
6
C)ePartt"
The Pasco Fire Department is organized with a day staff and three 24 hour shift platoons.
Pasoo Fire Mpaftent
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Staffing Levels and Distribution
In 2008, the City of Pasco Fire Department employed 50.75 career members. Six (6) of the positions are funded
by contract with the Port of Pasco. This staffing level has been in place since 2005; the city's population at that
time was approximately 46,500. The fire department responded to approximately 2900 incidents that calendar
year. The current staff is assigned as follows:
Day staff Fire Chief
Assistant Fire Chief
Secretary/Receptionist (.75)
Levels:
Shift Staffing (each shift) Assigned Minimum
• Shift Captain 1 1
• Station Lieutenants 3 3
• Firefighters 6 5
• Firefighter/Paramedics 5 3
• Aircraft Rescue FF 1 (assigned to airport only) 1
Total staffing assigned to each shift 16 13
Distribution:
Station 81 Oregon St. Station 82 Airport Station 83 Rd 68
Shift Captain 1
Lieutenant 1 Lieutenant 1 Lieutenant 1
Paramedic 2 Paramedic 2 Paramedic 1
Firefighter 2 Firefighter 2 Firefighter 2
Aircraft Rescue FF 1
8
RESOLUTION NO. 3�
A Resolution approving performance standards for Pasco Fire
Department emergency responses.
WHEREAS,the City of Pasco Fire Department is legally established as a fire department
to provide certain emergency medical,fire and rescue services;and,
WHEREAS,the Pasco Fire Department has a mission statement and goals and objectives
to guide the organization in providing fire and emergency medical services to our
community;and,
WHEREAS, the Pasco Fire Department has a basic organizational structure which
includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs;
and,
WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of
2005)to establish turnout and response time goals for various emergency responses;and,
WHEREAS, the Pasco Fire Department has developed written response coverage
objectives required to comply with applicable provisions of SHB 1756;NOW,THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the attached Response
Standards as the Pasco Fire Department policy for determining resource deployment for
emergency medical,fire and rescue services;and,
This resolution was adopted at a regularly scheduled pub'c meeting of the City of Pasco
City Council for City of Pasco Fire Department on this S7-day of February,2006.
Joyce sa Mayor
ATTB T: APPROVED AS TO FORM;
Ll(4 1711,
Sandy Kenwca4hy,Deputy City Jerk Leland B.Kerr,City Attorney
9
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
I. Mission Statement
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues,
hazardous materials and medical emergencies with compassion,integrity,and respect for
the people we serve. To be the premier provider of public safety services, utilizing our
people as the critical resource to accomplish our goals.
II. Response Standards
The following standards represent the minimum desired service level for the respective
emergency response services provided by the Fire Department. Affected managers shall
deploy appropriated resources so as to best achieve the standards set forth herein.
A. TURNOUT: A turn out time of two (2) minutes, which the department should meet
85%of the time. All firefighting safety equipment must be donned before the vehicle
can leave the station for a fire response.
B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6)
minutes for the arrival of the first engine company(at least two(2) firefighters)to a
fire suppression incident,which the department should meet 85%of the time.
C. FIRST FULL ALARM ARRIVAL: A response/travel time(after turnout)of twelve
(12)minutes for the arrival of the full complement of a lu alarm response to a fire
suppression incident, which the department should meet 85°x6 of the time. "Full
complement" means at least two (2) engine companies (trucks) with associated
firefighters and one(1)command officer,
D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6)
minutes/seconds for the arrival of the first emergency medical unit with at least one
(1)EMT on board to an emergency medical incident, which the department should
meet 85%of the time.
E. ALS AMBULANCE ARRIVAL: A responsettravel time (after turnout) of six (6)
minutes for the arrival of an advanced life support unit with at least one(1)paramedic
on board to an ALS emergency medical incident, which the department should meet
85%of the time.
F. HAZARDOUS MATERIALS: A responseltravel time (after turnout) of six (6)
minutes for the arrival of the first unit with at least one (1) appropriately trained
Hazardous Materials Technician on board to a hazardous materials incident, which
the department should meet 85%of the time.
10
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
G. TECHNICAL RESCUE INCIDENT: A responseltravel time (after turnout) of six
(6) minutes for the arrival of the first unit with appropriately trained and equipped
personnel on board to a technical rescue incident, which the department should meet
85%of the time,
H. AIRCRAFT RESCUE AND FIREFIGHTING: A total responseftravel time of
three (3) minutes for the arrival of the first unit with appropriately trained and
equipped aircraft rescue and firefighting personnel on board to the site of an aircraft
incident, which the department should meet 100% of the time (required standard of
FAA)_
I. WILD LAND FIREFIGHTING: A responseltravel time (after turnout) of six (6)
minutes for the arrival of the first unit with appropriately trained and equipped wild
land firefighting personnel on board to a wild land fire incident,which the department
should meet 85%of the time.
III. ANNUAL REPORT
The Fire Chief shall report the department's performance relative to these standards to
the City Manager and City Council annually.
February 2006
11
0—ep ad rtr" n�
Standards of Response Performance Measurements
Call Processing
Definition: Call processing is a measurement of the time from when the 911 call is answered at the Public
Safety Answering Point (PSAP) until appropriate units are notified to respond. This perforniance standard is not
a Washington State required performance measurement but is included here to more clearly define the total time
involved in a response. The National Fire Protection Association (NFPA) standard for call processing is 60
seconds, 90% of the time.
Actual Dispatch Center Performance for 2008
The Franklin County Communications Center met the 60 second performance 39.3% of the time.
90% of the dispatches were processed in 164 seconds or less
Data is for 2,512 in city events in 2008. Partial year data was used to accommodate addition of Fire
Management Zones, which gave the ability to separate in city and mutual aid calls.
12
F� p®part �t
Turnout Time
Definition: The time after dispatch of the incident used to don safety equipment and start the vehicles
response to the incident (wheels rolling).
Turnout Time Standard:
The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the department
should meet 90% of the time. All firefighting safety equipment must be donned before the vehicle can
leave the station for a fire response.
Actual Department Performance for 2008
The Pasco Fire Department met the Turnout Performance Objective 63.8% of the time.
90% of the fire department incidents experienced a turn out time of 3:00 minutes or less.
Note—all calls emergent and non-emergent totaling 7,011 apparatus responses
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Fire Suppression Response Time for 1St Arriving Engine
Definition: Travel time for the arrival of the first arriving engine company at a fire suppression incident.
Response time starts after turnout when wheels are rolling and ends upon arrival at the incident.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of
the first engine company to a fire suppression incident, which the department should meet 90% of the
time.
Actual Department Performance for 2008
The Pasco Fire Department met the Response/Travel Time Performance Objective 79.2% of the time.
90% of the fire department incidents experienced a I"unit response time of 7:57 minutes or less.
NFIRS Situation Found Codes 100 through 199
14
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Travel time for the deployment of a full first alarm assignment at a
fire suppression incident.
Definition: The total number of personnel and equipment the fire department has recognized as the minimum
needed to combat a fire in a single family residence. We measured the travel time for only those incidents that
we were able to assemble the required number of personnel. Incidents that we were not able to assemble the
minimum number of personnel were not used in the time performance measurement.
Response Time Standard for Full l$` Alarm Response:
The Pasco Fire Department has adopted a response/travel time standard of 12 minutes for the arrival of
the full complement of a I" alarm assignment to a fire suppression incident, which the department
should meet 90% of the time. Further, the Pasco Fire Department has adopted a I't alarm response of 11
firefighters and or 2 engine companies (if applicable), 2 aid units, I ladder truck and 1 Command
Officer(if applicable).
Actual Department Performance for 2008
Of the 21 single family residence fires where all of the first alarm assignment arrived on scene, the
Pasco Fire Department met the Full First Alarm Assignment Performance Objective 52.4% of the time;
47.6% of fires failed to meet minimum staffing of 1 I for the first alarm assignment upon the arrival of
all of the first alarm assignment. This would occur because we had other incidents occurring at the time
of the structure fire.
Of the 52.4% that met the staffing requirement, 94% experienced a Full First Alarm Assignment
response (travel) time of 10:00 minutes or less. The travel time for the calls that did not meet minimum
staffing requirements were not calculated into this percentage.
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Emergency Medical Services Response Time
Basic Life Support
Definition: Travel time for the arrival of the first arriving unit with a first responder or higher level
capability at an emergency medical incident.
Response Time Standard:
The Pasco Fire Department has adopted a response/ travel time standard time of 6 minutes/seconds for
the arrival of the first emergency medical unit with appropriately trained personnel on board to an
emergency medical incident, which the department should meet 90%of the time.
Actual Department Performance for 2008
The Pasco Fire Department met the Emergency Medical Services, Basic Life Support, Performance
Objective 84.8% of the time.
90% of the fire department incidents experienced an Emergency Medical Services response time of 6:59
minutes or less.
NFIRS Incident Type codes 311, 321 through 324
16
F� ®Depart?" �
Emergency Medical Services Response Time
Advanced Life Support
Definition: Travel time for the arrival of an advanced life support unit to an emergency medical incident,
where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of an
advanced life support (ALS) unit with appropriately trained personnel (paramedics) on board to an ALS
emergency medical incident, which the department should meet 90% of the time.
Actual Department Performance for 2408
The Pasco Fire Department met the Emergency Medical Services Performance, Advanced Life Support
Objective 86.8%of the time.
90% of the fire department incidents experienced an Emergency Medical Services response time of 6:46
minutes or less.
NFIRS Incident Type codes 311, 321 through 324
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Hazardous Materials Response Time
Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped
Hazardous Materials Level "A" Technicians on board at a hazardous materials incident, where this service is
provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of
the first unit with appropriately trained Hazardous Materials Technicians on board to a hazardous
materials incident, which the department should meet 90 % of the time.
Actual Department Performance for 2008
The Pasco Fire Department met the Hazardous Material Response time Performance Objective 92.3 of
the time.
90% of the fire department incidents experienced a Hazardous Materials response time of 5:16 minutes
or less.
NFIRS Incident Type codes 410 through 413, 420 through 424 and 430 through 431.
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Technical Rescue Response Time
Definitions: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped
Technical Rescue Technicians on board at the technical rescue incident, where this service is provided by the
fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6 minutes for the arrival of
the first unit with appropriately trained and equipped Personnel on board to a technical rescue incident,
which the department should meet 90% of the time.
Actual Department Performance for 2008
The Pasco Fire Department met the Technical Rescue Response Time Performance Objective 100% of
the time. However, we do not have any personnel currently qualified at the Technician Level
(appropriately trained) so while we did meet the travel time portion of this standard we did not meet the
appropriately trained portion of the statement.
90% of the fire department incidents experienced a Technical Rescue response time of 3:12 minutes or
less.
NFIRS Incident Type codes 351, 354, 355, 356 and 360 through 365
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Aircraft Rescue and Firefighting Response Time
Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped
Aircraft Rescue and Firefighting personnel on board at an aircraft incident, where this service is provided by
the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 3 minutes for the arrival of
the first unit with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on
board to an aircraft incident, which the department should meet 100% of the time. This standard is
adopted to meet Federal Aviation Administration requirements, 14 CFR Parts 121 and 139.
Actual Department Performance for 2008
The Pasco Fire Department met the Aircraft Rescue and Firefighting performance Objective 100% of
the time.
90% of the fire department incidents experienced an Aircraft Rescue and Firefighting response time of
1:00 minute or less.
NFIRS Incident Type code 462
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Wildland Firefighting Response Time
Definition: Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Wild land Firefighting personnel on board at a wild fire incident, where this service is provided by
the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/ travel time standard of 6 minutes for the arrival of
the first unit with appropriately trained and equipped Wild Land Firefighting personnel on board to a
wild land fire incident, which the department should meet 90% of the time.
Actual Department Performance for 2008
The Pasco Fire Department met the Wildland Firefighting Performance objective, 75.0%of the time.
90% of the fire department incidents experienced a Wildland Firefighting response time of 6:22 minutes
or less.
NFIRS Incident Type codes 140, 141, 142 and 143
21
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' f
IV. Predictable Results
2008 was another year of growth for the city of Pasco. The population increased from 50,210 in 2007 to 52,290
in 2008. Call volume for the fire department increased from 3068 in 2007 to 3549 in 2008, including Mutual
Aid given. Because many of these incidents required the response of multiple units each of the three fire
stations showed approximately a 30% increase in calls. As the number of incidents increases response times
will increase due to simultaneous calls or units being out of place when the next call is dispatched. We can also
expect incidents that we were not able to meet our standard of 11 firefighters on the scene to increase as call
volume and simultaneous calls increase. As expected response times did increase from 2007 to 2008. We expect
that call volume increases from 2008 to 2009 will be less due to economic factors that should limit population
growth.
The total time to respond to an incident equals Call Processing Time+Turnout Time+Travel Time=Response
Time. Two areas of the total response time, Call Processing Time and Turnout Time, are the most practical to
control. Call processing time was not measured in 2007. Increases in turnout times from 2007 to 2008 is a
disturbing trend and needs to be addressed. Trying to reduce travel (driving) time from existing facilities would
require increasing apparatus speed and initiating an intersection management program. Increasing speed could
lead to a higher incidence of vehicle accidents. Processing calls accurately and quickly is the first step to a
correct response. Once the call is processed and dispatched, turning out and getting wheels rolling is the next
manageable activity.
Continued growth, annexations, labor costs, equipment costs, apparatus and facility replacements will continue
to be large costs centers for the city. The Pasco Fire Department is beginning to participate in collaborative
efforts to minimize the impacts of these costs centers.
The performance standards addressed here were set by council resolution in 2006. This is the third year of
measurement and reporting. This process in important for the council and the citizens to provide them with
information on the performance of the fire department and the level of services we provide.
22
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V. Plan of Action
There are actions that the Fire department staff and members could take to reduce the total response time with
the current resources. As stated above there are two areas that can be immediately addressed and that should
provide immediate results, Call Processing and Turnout Times. However, because Pasco Fire Department
contracts for communications service to the Franklin County Sheriff's Office, Communications Division, we
can ask, but not require any communications center changes.
Turnout Times can be improved. The City of Pasco Council Resolution 2938 requires a Turnout.Time of 2
minutes 85% of the time. The RCW requires that we measure our 90% time and the National Standard for
Turnout Time is 1 minute 90% of the time. Reducing the turnout time will require a combination of engineering
and procedural changes and a desire to improve on the part of the Fire Department members.
Call Processing
• Establish a goal of processing calls within 60 seconds 90% of the time.
• Recent changes in training and procedures have improved service from the communications
center. Efforts should continue to improve the center through engineering and training that could
improve efficiencies.
• Improve the deployment plans for the Pasco Fire Department to reduce dispatch delays.
Turnout Times
• Revise our current goal of 120 seconds to turnout within 60 seconds 90% of the time.
• Pass ownership and responsibility for improvement to the firefighters.
• Develop training on the Mobile Data Terminals to improve record accuracy.
• Review fire station alerting to determine opportunities to reduce time.
• Review the activities associated with the beginning of response to look for time savings.
• Proceed with "vehicle routing" upgrade on the MDT's to reduce or eliminate the time spent
looking at the wall map prior to responding.
Other performance areas, Travel Time and Full Effective Response Force, are more difficult and could require
additional resources, including fire stations and personnel. However, there are some specific actions that can
and are being taken to improve in these areas.
Travel Time
Review the current distribution of vehicles and staffing to determine the potential to reduce
travel time.
23
• Consider the Automatic Dispatch of other agencies resources during those periods when Pasco
Fire Department resources are unavailable.
• Coordinate and communicate with the City Engineer's office on traffic management for future
intersection development.
Full Effective Response Force
• Consider use of Automatic Aid Agreements with neighboring urban departments to replace
Pasco Fire Department units not available at the time of dispatch due to simultaneous calls.
• Operating procedures and resources will be developed that allows for effective "transitional" fire
attack prior to the assembly of the full effective force.
• Develop deployment plans with neighboring urban departments to provide for additional staffing
for confirmed structure fire incidents in a timely manner through automatic dispatch.
24
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AGENDA REPORT
TO: City Council May 7, 2009
FROM: Gary Crutchfield, City Manager Workshop Mtg.: 5/11/09
SUBJECT: Ridges to Rivers Open Space Network
1. REFERENCE(S):
1. Letter and associated documents addressed to Mayor Olson from Scott Woodward
received 5/6/09
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
5/11: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) A non-profit association of Tri-Cities residents, in the form of the Tapteal
Greenway, has spent the past year or two organizing a planning process to address
their goal of identifying critical open spaces within the Tri-Cities region and how
best to preserve them. That effort is labeled "Ridges to Rivers Open Space
Network of the Mid-Columbia" planning process. Mr. Scott Woodward, a
member of the Tapteal Greenway and Chair of the Ridges to Rivers group,
explained the objectives of the open space planning effort to the City Council at
its 8/25/08 workshop meeting.
B) Mr. Woodward has submitted a request that the city formally express its support
for the planning process, by the Mayor signing a generic letter of support (copy
attached). In addition, the City Council is requested to assign a councilmember to
the "Jurisdictional Advisory Committee" (composed of an elected official from
each of the affected governmental jurisdictions) and to commit planning expertise
(city staff time/resources) to the open space planning effort.
V. DISCUSSION:
A) Staff believes the attempt to create a regional planning effort regarding open
spaces is not only a good one; it is, realistically, the only method to effectively
plan for preservation of critical open spaces. However, before committing to
participation and staff resources, the city should be provided a complete
picture (organizational and decision flow chart) of the process to which it asked to
commit. Assuming an acceptable process, the only caveat staff would recommend
is the commitment of staff resources be limited to "as available."
4(d)
Mayor Joyce Olson;
As discussed in our last mailing to you we are forwarding a generic letter of
support for the Ridges to Rivers Open Space Network of the Mid-Columbia
planning process.
All that is required of you is to add your City or County letterhead and
substitute the name of your city or county where (C.C) is noted. Also, include
the name of who will represent you on the Jurisdictional Advisory Council. The
final obligation is to fix a title, signature and date to the bottom.
Your prompt attention to this would be appreciated prior to May 25, 2009.
Please forward your response to:
Ridges to Rivers
CIO Tapteal Greenway
PO Box 3007
Richland, WA. 99354
Any questions feel free to call me.
627-3621
Thanks,
Scott Woodward
Chairperson Ridges to Rivers Open Space Network of the Mid-Columbia
Cc; Gary Crutchfield
CQ CITY HALL
�FIIIFC
All Y P, 6 2009
_vki4kc�ER'S
'?FFICE
City/County letterhead
On behalf of the City of Pasco I am writing to endorse the Ridges to Rivers
Open Space Network of the Mid-Columbia (RROSN) regional planning process.
Pasco believes this regional approach to coordinate planning for open space
based on citizen input, agency and non-profit participation along with city and
county guidance, will provide a valuable tool for cooperative development of
our communities.
To provide an extensive perspective Pasco is willing to assign a councilperson
to serve as a member on the Jurisdictional Advisory Council (JAC). The JAC will
meet periodically to review and comment on the plan as it takes shape. The
Jurisdictional Advisory Council would include council members from the cities
of Benton City, Kennewick, Pasco, Richland, and West Richland as welt as
representation from the Franklin and Benton County Commissioners. The JAC
would forward its recommendation and comments onto the RROSN Executive
Committee for preparation and presentation to the RROSN Steering Committee.
The members of the Jurisdictional Advisory Council would then report to their
jurisdictions on the progress of the plan.
The representative for the City of Pasco on the Jurisdictional Advisory Council
will be
Pasco will also provide planning expertise and access for the RRSOSN through
the city planning department.
Pasco looks forward to working with other communities, agencies,
organizations, and counties participating in this collaborative effort for
regional planning.
Sincerely, Name
Signature
Date
Title City
RIDGES*.. : tS lC] ' V,,. °tF THE IOLUMBLA
*Y< A ttnershipygof organi�atior��" K �I�i'�roordinating reel open space planning
KOO
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The Vision--
A network of natural features, open spaces and connecting
trails that complements residential and commercial
development in the Mid-Columbia Region and
RIDGES ToRNERs OPEN SPACE • Enhances our ability to attract and retain people and
NETwoRK business that sustain our economy
STEERING COMMITTEE a Provides access and connection for recreation,
education, and health
Preserves natural and aesthetic values
City of Kennewick
City of Pasco The Mission—
City of Richland
City oyofRic land Richland Design and implement a plan to support our communities
Benton city in identifying and preserving the unique natural features
Benton County and open spaces of the Mid-Columbia. The plan will focus
Franklin County on creating an integrated system of trails connecting the
Tri-Cities Visitor and Convention Bureau land and water features that are most important to the
Tri-Cities Chamber of Commerce people living here.
Benton Franklin Council of Govemments
Benton Franklin Community Health Alliance The Goals—
Washington Health Foundation Preserve the unique regional identity and sense of
Lake Lewis Chapter ice Age Floods Institute
place that our ridges, rivers and other natural
Tapteal Greenway Association
Lower Columbia Basin Audubon Society features provide to the public.
Columbia Basin Native Plant Society . Promote citizen-designed Ridges to Rivers Network
Friends of Badger Mountain that boosts economic development in the region.
Open Space Coalition
Fu Sand Over Fifty Enjoy and increase use of the outdoors
National Park Service
Intermountain Alpine Club
For more information online, go to
"Ridges to Rivers Open Space
Network" at
http://www.tapteal.org/
AGENDA REPORT
FOR: City Council May 8, 2009
TO: Gary Crutchfie anager Workshop Mtg.: 05/11/09
Rick White, Regular Mtg.: 05/18/09
Community& conomic Development Director
FROM: Angela R. Pitman, Block Grant Administrator CW
SUBJECT: Contract for 5"' and Ainsworth Infill Construction Project
I. REFERENCE(S):
A. Vicinity Map
B. Price Analysis Worksheet
C. Construction Contract
D. General Terms & Conditions (Council packets only; copy available for public
review in the Planning office, the Pasco Library or on the city's webpage at
http://www.pasco-wa.gov/p,eneralinfo/citycouncilreports).
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
05/11: DISCUSSION
05/18: MOTION: I move to award the low bid for the 5ch & Ainsworth Infill
Construction (Project# CDBG09-003), to Titan Homes for
the total amount of $353,580, and, further, authorize the
City Manager to sign the contract documents.
III. FISCAL IMPACT:
$353,580 in Federal HOME funds
IV. HISTORY AND FACTS BRIEF:
A. Pasco entered into a HOME consortium Agreement with Richland and
Kennewick in 1995 making the City eligible for Federal HOME funds.
B. On April 20, 2009, staff received two bids for the 2009 HOME 5 1 & Ainsworth
Infill Construction Project, CDBG09-003. The bids were received from Titan
Homes, in the total amount of$353,580, and RKD Builders, LLP, in the amount
of$399,690. The estimate for the project is $396,002. The budget for the project
is $355,000.
C. The project involves the design and build of three single family residential
dwelling units on three lots located on South 5`" Avenue. Staff, believes that
although only two bids were received, the bid received from Titan Homes
represents a fair bid.
V. DISCUSSION:
A. Staff recommends award of this contract to Titan Homes.
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Price Analysis - Worksheet
The following worksheet will assist a PROJECT MANAGER in performing a price analysis.
Definition - a price analysis is a review and evaluation of a proposed('bottom-line") price for
reasonableness without evaluating separate cost elements.
• Document construction contract name and estimated cost:
Proposed Construction Contract: $353,580
I................................ --_-_------ .............
Estimated Construction Cost: $396,002
...................----------------------__................................................................----------- ......
• List prices received in response to the solicitation.
i Contractor Name j Bid Cost
I Titan Homes $353,580
RKD Builders,LLC i $399,690
...........
.......... -----------
x The construction contract is being awarded to the lowest bidder.
x The lowest bid price appears reasonable as compared to the independent cost estimate
and other bids received.
Certification:
I certify that a price analysis has been performed as noted above for:
(list construction contract)
Contract: CHIP/Infill New Construction, Project#CDBG09-003
Signature:
Contracting Officer
CONTRACT
THIS AGREEMENT made the day of 2009, between Titan
Homes, LLC (hereinafter called the "Contractor") and the City of Pasco (hereinafter called the
"Owner").
WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter set out,
agree as follows:
Article 1 —Scope of Contract
A. The Contract between the parties is set forth in the "Contract Documents," which consist
of this Agreement, the 5th and Ainsworth Request for Proposals (Attachment 1), and the
Proposal submitted by the Contractor (Attachment II), General Conditions of the Contract
for Construction (Attachment III) and compliance with the United States Department of
Housing and Urban Development HOME Program Regulations. This contract constitutes
the entire agreement between the parties, and any previously existing contract concerning
the work contemplated by the Contract Documents is hereby revoked.
B. The Contractor shall furnish all of the materials and perform all of the work defined as
"Scope of Work" in the Request for Proposal. The Contractor will perform all work
specified herein in accordance with the Drawings and Specifications.
C. The Drawings, which are labeled "Lot 1-2", a one story, 3 bedroom plan and the"Lot 3",
a one story, three bedroom plan were submitted by the Contractor in their proposal.
Alterations of the submitted plans or additional plans may be offered by the Contractor
and accepted by the Owner, provided they meet or exceed the specifications contained in
the original submission.
D. Changes in the Drawings and Specifications or any terms of the Contract Documents, or
orders for extra work, or change by altering or adding to the work, or which will change
the design concept, may be effected only with the prior written approval of the Owner,
and under such conditions as are mutually agreeable to all parties hereunder.
E. This Contract will cover construction of three (3) houses.
Article 2—Time
A. The work to be performed under this Contract shall be commenced within ten (10) days
of Contractor's receipt from the Owner of a written Notice to Proceed. The Owner's
Written Notice to Proceed will be deemed received by the Contractor ten (10) days from
the date of mailing, unless it is actually received sooner. Owner's Written Notice to
Proceed will be issued within ten (10) days of the effective date of this Agreement. The
effective date shall be defined as the date on which all parties to this Contract became
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signatory hereto. All work shall be completed within 145 consecutive calendar days after
Contractor's receipt of Owner's Written Notice to Proceed. The time by which the work
shall be completed may be extended in accordance with the terms stated below
(Attachment III, Paragraph 20):
20. It is hereby understood and mutually agreed, by and between the Contractor and the
Owner, that the date of beginning and the time for completion as specified in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
mutually understood and agreed that the work embraced in this contract shall be commenced on
a date to be specified in the"Notice to Proceed".
The Contractor agrees that said work shall be prosecuted regularly, diligently, and
uninterruptedly at such rate of progress as will ensure full completion thereof within the time
specified. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the time for the completion of the work described herein, is a reasonable time for the
completion of the same, taking into consideration the average time for the completion of the
average climate range and usual industrial conditions prevailing in this locality.
(a) It is further agreed that time is of the essence of each and every portion of this
contract and of the specifications wherein a definite and certain length of time is
fixed for the performance of any act whatsoever; and where under the contract an
additional time is allowed for the completion of any work the new time limit fixed
by such extension shall be of the essence of this contract.
Provide further, that the Contractor shall, within ten (10) days from the beginning of such delay,
unless the Owner shall grant a further period of time prior to the date of final settlement of the
contract notify the Owner, in writing, of the causes of the delay,who shall ascertain the facts and
extent of the delay and notify the Contractor within a reasonable time of its decision in the
matter.
B. The Contractor shall warrant all work in accordance with Contract Attachment III,
Paragraph 41, as follows:
41. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial
or entire occupancy of the premises by the Owner, shall constitute and acceptance of work not
done in accordance with the Contract Documents or relieve the Contractor of liability in respect
to any express warranties or responsibility for faulty materials or workmanship. The Contractor
shall remedy any defects in the work and pay for any damage to other work resulting therefrom,
which shall appear within a period of one year from the date of final acceptance of the work
unless a longer period is specified. The Owner will give notice of observed defects with
reasonable promptness.
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Article 3 —Contract Sum and Payments
A. The Owner shall pay the Contractor for the performance of the Contract, as hereinafter
provided, the sum of Three Hundred Thousand Fifty-Three Thousand Five Hundred
Eighty and no/100 dollars ($353,580), at a rate of$117,860 per home for three (3) homes
which includes alternates), inclusive of applicable Washington State Sales Taxes and any
local sales taxes. If required by law or otherwise, Owner shall pay additional and
appropriated Washington State Sales Taxes (including any local sales taxes imposed) to
either the Contractor, or to the State of Washington (and applicable local municipalities).
If the Owner is not required, by law or otherwise, to pay Sales Tax in any form, Owner
shall furnish evidence of this fact to the Contractor within fifteen (15) days after the
effective date of this Contract.
B. Monthly progress payments shall be processed in accordance with Contract Attachment
III, Paragraph 26, as follows.
26. Payments to Contractor
(a) Not later than the 15th day of each calendar month, the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of the
work performed during the preceding calendar month under this contract, but to ensure
the proper performance of this contract, the owner shall retain ten percent (10%) of the
amount of each estimate until final completion and acceptance of all work covered by this
contract:
Provided that the Contractor shall submit his estimate not later than the first day of the
month; provided further, that the Owner at any time after fifty percent (50%) of the work
has been completed, if it finds that satisfactory progress is being made, may make any of
the remaining progress payments in full; provided further, that on completion and
acceptance of each separate building, public work, or other division of the contract, on
which the price is stated separately in the contract payment may be made in full,
including retained percentages thereon, less authorized deductions.
(Retainage procedures as specified in Title 60 Revised Code of Washington (RCW)
60.28.010 may be used in lieu of paragraph 26(a) of Attachment 111.}
(b) In preparing estimates, the material delivered on the site and preparatory work done, may
be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the sole
property of the Owner, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and work
upon which payments have been made or the restoration of any damaged work, or as a
waiver of the Owner to require the fulfillment of all the terms of the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Application Therefore: the
Contractor agrees that he will indemnify and save the Owner harmless from all claims
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growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and
all supplies, including commissary, incurred in the furtherance of the performance of this
contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that
all obligations of the nature herein above designated have been paid, discharged, or
waived. If the Contractor fails to do so, then the Owner may, after having served written
notice on the said Contractor, either pay unpaid bills, of which the Owner has written
notice, direct or withhold from the Contractor's unpaid compensation a sum of money
deemed reasonably sufficient to pay any and all such lawful claims until satisfactory
evidence is furnished that all liabilities have been fully discharged whereupon payment to
the Contractor shall be resumed, in accordance with the terms of this contract but in no
event shall the provisions of this sentence be construed to impose any obligations upon
the Owner to either the Contractor or his Surety. In paying any unpaid bills of the
Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so
made by the Owner shall be considered as a payment made under the contract by the
Owner to the Contractor and the Owner shall not be liable to the Contractor for any such
payments made in good faith.
C. Final payment and release of retention to the Contractor will be completed in accordance
with Attachment III, Paragraph 26, as previously written.
Article 4—Requirements of the Contractor
A. The Contractor shall furnish, at its own expense, all licenses, tools, equipment, and
temporary structures necessary for the construction of the project. The Contractor shall
give all notices required by Attachment III and shall comply with all applicable codes,
laws, ordinances, rules, and regulations. The Contractor shall further comply with the
provisions of the Occupational Safety and Health Act of 1970.
B. If the Contractor observes that the Drawings and Specifications are at variance with any
applicable codes, laws, ordinances, rules or regulations, or protective covenants, it shall
promptly notify the Owner in writing, and any necessary changes shall be made in
accordance with Attachment III.
Article 5—Assurance of Completion
A. The Contractor shall provide to the Owner assurance of completion in such a form as
required by Attachment III, Paragraph 26.
Article 6—Right of Entry and Interpretation
A. The City of Pasco and its agents or assigns shall, at all times during construction, have
the right of entry and free access to the project and the right to inspect all materials and
work done, equipment and fixtures furnished, installed or stored in and about the project.
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Article 7 —Assignments, Subcontracts and Termination
A. This Contract shall not be assignable by either parry without the prior written consent of
the other party.
B. Upon request by the Owner, the Contractor shall disclose the names of all persons with
whom it has contracted or will contract with respect to work to be done and materials and
equipment to be furnished hereunder.
Article 8—Insurance
Please see attached Insurance Requirements (Exhibit 6).
Article 9—Permits
Contractor shall obtain at this own expense all permits and licenses necessary for work under this
contract.
Article 10—Code Conformance
Contractor shall perform and cause to be performed all work in conformance with all applicable
law.
Article 11 — Non Discrimination in Government Employment
Executive Order 11246 Subpart B — Contractor's Agreements Sec. 202. Except in contracts
exempted in accordance with Section 204 of this Order, all Government contracting agencies
shall include in every Government contract hereinafter entered into the following provisions:
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and the employees are treated
fairly during employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment; advertising; lay-off, or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
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provided by the agency contracting officer, advising the labor union or worker's
representative of the Contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
(5) The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for the purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the non-discrimination clauses of
this contract or with any of such rules, regulations orders, this contract may be canceled,
terminated, or suspended in while or in part and the Contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies involved as provided in Executive Order No. 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies involved as provided in Executive
Order No. 11246 of September 24, 1965 or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontractors or
purchase order as the contracting agency may direct as a means of enforcing such
provision including sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in or threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor may request
the United States to enter into such litigation to protect the interests of the United States.
Article 12 — OiDportunities for Business and Lower Income Persons in Connection with
Assisted Protects,Title 24
The work to be performed under this contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development and
is subject to the requirements of Section 3 of the Housing and Urban Development Action of
1968 as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible,
opportunities for training and employment be given lower income residents of the project area
and contracts for work in connection with the project
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be awarded to business concerns that are located in, or owned in substantial part by persons
residing in the area of the project. (B) The parties to this contract will comply with the
provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR Part 135 and all applicable rules and orders
of the Department issued thereunder prior to the execution of this contract. The parties to this
contract certify and agree that they are under no 'contractual or other disability, which would
prevent them from complying with these requirements. (C) The Contractor will send to each
labor organization or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, if any, a notice advising the said labor organization
or workers' representative of his commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and applicants for employment or
training. (D) The contract will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor
where it has notice or knowledge that the latter has been found in violation of regulations under
24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it
with a preliminary statement of ability to comply with the requirements of these regulations. (E)
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the Department issued thereunder prior to the execution of the
contract, shall be a condition of the Federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its Contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
Part 135.
Article 13 —Lead Base Paint
Contractor will not use lead base paint materials on any surface interior or exterior. Contractor
will take all safety precautions and strictly enforce them when removing lead base paint. This
building has been inspected and provisions made to correct defective paint conditions in
accordance with Title 24, Subpart C 35.24 (B) (2).
Article 14—Condition of the Premises
Contractor shall keep the premises clean and orderly and remove all debris immediately upon
completion of work. Materials and equipment that have been removed and replaced as part of
the work herein shall belong to the Contractor.
Article 15—Non Assignment
Contractor shall not assign this contract or any part thereof without the written consent of the
Owner. Request for assignment shall be sent to the Owner.
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Article 16 - Guarantee
Contractor shall perform or cause to be performed all work under this contract in a good and
workmanlike manner. Furthermore, Contractor guarantees that all work performed under this
contract shall be free of defects in labor or materials for one year from date of completion
(Certificate of Occupancy). Contractor shall furnish Owner with all suppliers and manufacturers
written guarantees and warranties covering materials and equipment furnished under this
contract.
Article 17—Inspection
Contractor shall permit officials of the United States and the City to inspect work performed
hereunder as well as to inspect Contractor's books, records, correspondence, drawings, receipts
vouchers, payrolls, agreements, and other papers that relate to work performed under this
contract. Contractor shall preserve the aforementioned records for two years after final payment
hereunder.
Article 18 - Breach
Time is of the essence in performance of this contract. Upon Breach of any conditions within
this contract the Owner may send to the Contractor written notice at his address listed herein by
registered mail, return receipt request, setting out with particularity the nature in the breach. If
within ten days after mailing such notice, Contractor has not satisfactorily remedied all breaches,
the Owner may declare this contract in default. In addition to all other remedies afforded by law,
the Owner shall upon Contractor's default, withhold all payments to the Contractor and Owner
may assign a new Contractor to complete this contract. In the event of legal action against the
Contractor arising out of this contract, the Owner shall be entitled to the award of reasonable
attorney's fees.
Article 19—Hold Harmless
The Contractor shall defend, indemnify, and hold harmless the Owner and any of its officials and
employees from any and all liability arising out of the performance of this contract.
Provided, that the indemnity provision of this section shall not apply to damages arising out of
bodily injury or property damage from sole negligence of the Owner, its agents, employees, or
Directors.
Provided, further; that this section shall apply to damages arising out of bodily injury to persons
or damage to property caused by or resulting from the concurrent negligence of the Contractor,
his agents, and the Owner, its agents, employees, or Directors.
Article 20—Anti-Kick Back Provision
That the Contractor shall comply with the applicant regulations of the Secretary of Labor, United
States Department of Labor made pursuant to the so-called "Anti-Kickback Act," of June 12,
1934, (48 Stat. 948; 62 Stat. 862, Title 18 U.S.C., Sec. 874; and Title 40 U.S.C., Section 276(c)
- 8 -
and any amendments or modifications thereof, shall cause appropriate provisions to be inserted
in subcontracts to ensure compliance therewith by all subcontractors subject thereto, and shall be
responsible for the submission of statements required of subcontractors thereunder except as said
Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances,
and exemptions from the requirement thereof.
IN WITNESS WHEREOF, the parties to these present have executed this contract in two (2)
counterparts, each of which shall be deemed an original, in the year and day first above
mentioned.
ATTEST:
Owner: City of Pasco
By:
Authorized Representative
WITNESSED BY:
(SEAL)
Contractor: Titan Homes, LLC
By:
Aaron Sullivan, Member
WITNESSED BY:
(SEAL)
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AGENDA REPORT
FOR: City Council May 8, 2009
TO: Gary Crutchfi Manager Workshop Mtg.: 05/11/09
Rick White, Regular Mtg.: 05/18/09
Community & Economic Development Director
FROM: Angela R. Pitman, Block Grant Administrators-�
SUBJECT: Consultant for Tri-Cities Consolidated Plan 2010-2014 Update
I. REFERENCE(S):
A. HOME Consortium Agreement
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
05/11: DISCUSSION
05/18: MOTION: I move to approve the HOME Consortium Agreement with
John Epler for preparation of an update to the Tri-Cities
Consolidated Plan 2010-2014 in an amount not to exceed
$10,334 and, further, authorize the City Manager to sign the
contract documents.
III. FISCAL IMPACT:
$10,334 in Federal HOME/CDBG funds
IV. HISTORY AND FACTS BRIEF:
A. Pasco entered into a HOME consortium Agreement with Richland and
Kennewick in 1995 making the City eligible for Federal HOME funds. Approval
of a Consolidated Plan is required by HUD to expend federal funds for both the
HOME and CDBG programs. The current Consolidated Plan 2005-2009, prepared
in 2004 by Common Ground and John Epler expires this year.
B. In May of 2009 a request for quotation was issued from the HOME Consortium
for update of the Tri-Cities Consolidated Plan 2010-2014 to the original preparers
of the plan, Common Ground and John Epler. Mr. Epler responded with the Scope
of Work which is included as Exhibit A of the attached contract. Estimated total
cost for all three cities to not exceed$33,885.
C. Pasco's share of the common cost of$25,000 for the update may be up to $8,334.
The additional cost for a windshield survey may between to $1,900 to $2,000.
Total cost to Pasco for the update would not exceed $10,334.
V. DISCUSSION:
A. A draft of the HOME Consortium Agreement is attached for Council review and
comment. The period of performance would begin as soon as possible and end
November 5, 2009.
4(f)
Contract No.
AGREEMENT BETWEEN CONSORTIUM AND CONSULTANT
THIS AGREEMENT, entered into this day of , 2009 by and between the
City of Richland, as lead entity for the Tri-Cities HOME Consortium, 505 Swift Ave., P.O. Box 190,
MS 19, Richland, Washington, 99352, and the City of Pasco, P.O. Box 293, Pasco, WA 99301, a
participating jurisdiction of the Consortium (hereinafter called the "City"), and John Epler,
2615 Mt St Helens PI South, Seattle, WA 98144 (hereinafter called the "Consultant").
WITNESSETH:
1. GENERAL DESCRIPTION OF WORK:
The Consultant shall furnish all services, labor and related equipment necessary to
conduct and complete the work as designated elsewhere in this Agreement.
2. SCOPE OF WORK
The Consultant shall provide services for the update of the 2010-2014
Consolidated Affordable Housing and Community Development Plan as outlined
in 24 CFR 491 Subpart C and Subpart E. Services to be provided are detailed in
the attached, Exhibit "A", Scope of Work, Exhibit "B", Summary of Costs, Exhibit
°C, Schedule of Deliverables and are made part of this Agreement.
3. GENERAL REQUIREMENTS
The Consultant shall prepare such information and studies as may be pertinent and
necessary, or as may be requested by the City, in order that the City and the
Consortium may pass critical judgment on the features of the work. This item does
not constitute additional work as described in this Agreement.
The Consultant shall attend coordination meetings, progress and presentation
meetings with the City or such Federal, Community, State, City, or County officials,
groups or individuals as may be requested by the City. The City will provide the
Consultant sufficient notice prior to meetings requiring Consultant participation.
The Consultant shall prepare a monthly progress report, in a form approved by the
City, which will outline in written and graphical form the various phases and the
order of performance of the work in sufficient details so that the progress of the
work can easily be evaluated.
4. TIME FOR BEGINNING AND COMPLETION
The Consultant shall not begin any work under the terms of this Agreement until
authorized in writing by the City. Consultant agrees to use best efforts to
complete all work described under this Agreement by November 6, 2009.
1
5. PAYMENT
The Consultant shall be paid a Lump Sum Amount of Twenty-Five Thousand and
no/100 dollars ($25,000.00) plus the Pasco Addendum Lump Sum Amount of Two
Thousand and no/100 dollars ($2,000) and Kennewick Addendum Lump Sum
Amount of Two Thousand Five Hundred Sixty and no/100 dollars ($2,560), by the
City to complete the services rendered under this Agreement. Such payment shall
be full compensation for all work performed or services rendered, and for all labor,
materials, supplies, equipment, and incidentals necessary to complete the work
specified in EXHIBIT "A° - Scope of Work.
The maximum total amount payable, by the City to the Consultant under this
Agreement, shall not exceed Twenty-Nine Thousand Five Hundred Sixty and
no/100 dollars ($29,560.00), the sum of the above lump sum amounts.
Partial payments to cover the percentage of work completed may be requested by
the Consultant. A short narrative progress report shall accompany each invoice,
which report shall discuss any problems or potential causes for delay, with the
status of the project, amount of work completed, and other relevant information. To
provide a means of verifying the invoiced salary costs for the Consultant's
employees, the City may conduct employee interviews. These interviews may
consist of recording the names, titles, and verifying present duties of those
employees performing work on the Project.
The Consultant and his/her sub-consultants shall keep available for inspection by
representatives of the City, the State and the United States for a period of three
years after final payment the cost records and accounts pertaining to this
Agreement and all items relating to or bearing upon these records with the
following exception: if any litigation, claim, or audit arising out of, in connection
with, or relating to this contract is initiated before the expiration of the three-year
period, the cost records and accounts shall be retained until such litigation, claim,
or audit involving the records is completed.
6. EMPLOYMENT
Any and all employees of the Consultant or other persons while engaged in the
performance of any work or services required of the Consultant under this
Agreement, shall be considered employees of the Consultant only and not of the
City, and any and all claims that may or might arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged,
and any and all claims made by a third party as a consequence of any act or
omission on the part of the Consultant's employees or other persons while so
engaged on any of the work or services provided to be rendered herein, shall be the
sole obligation and responsibility of the Consultant.
7. OTHER PARTIES
It is mutually agreed that this Agreement is not transferable by either signatory to a
third party without the consent of the other principal party.
2
8. OWNERSHIP OF DOCUMENTS
All designs, drawings, specifications, documents, and other work products prepared
pursuant to this Agreement, will become the property of the City upon payment to
the Consultant of his fees as set forth in this Agreement. The City acknowledges
the Consultant's plans and specifications, including all documents on electronic
media, as instruments of professional services. The plans and specifications
prepared under this Agreement shall become the property of the City upon
completion of the services and payment in full of all payment due to the Consultant.
The City may make or permit to be made any modifications to the plans and
specifications without the prior written authorization of the Consultant. The City
agrees to waive any claim against the Consultant arising from any unauthorized
reuse of the plans and specifications and to indemnify and hold the Consultant
harmless from any claim, liability or cost arising or allegedly arising out of any reuse
of the plans and specifications by the City or its agent not authorized by the
Consultant.
9. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written
notice, by registered mail, or mailed to the other party at his usual place of
business. In the event the Consultant terminates this contract, the City will be
entitled to reimbursement of costs occasioned by such termination by the
Consultant. In the event the City terminates this Agreement, the City shall pay the
Consultant for the work performed, an amount equal to the percentage of
completion of the work as mutually agreed between the City and the Consultant.
If any work covered by this Agreement shall be suspended or abandoned by the
City before the Consultant has completed the assigned work, the Consultant shall
be paid for services performed down to the time of such termination or suspension
an amount equal to the costs incurred at the date of termination as mutually agreed
upon between the City and the Consultant.
10. DISPUTE RESOLUTION
The City and the Consultant agree to negotiate in good faith for a period of thirty
(30) days from the date of notice of all disputes between them prior to exercising
their rights under this Agreement, or under law.
All disputes between the City and the Consultant not resolved by negotiation
between the parties may be arbitrated only by mutual agreement of the City and the
Consultant. If not mutually agreed to resolve the claim by arbitration, the claim will
be resolved by legal action. Arbitration of all claims will be in accordance with the
Arbitration Rules of the American Arbitration Association.
3
11. VENUES, APPLICABLE LAW AND PERSONAL JURISDICTION
In the event that either party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement, the parties
hereto agree that any such action shall be initiated in the Superior Court of the
State of Washington, situated in Benton County. The parties hereto agree that all
questions shall be resolved by application of Washington law and that the parties to
such action shall have the right of appeal from such decision of the Superior Court
in accordance with the laws of the State of Washington. The Consultant hereby
consents to the personal jurisdiction of the Superior Court of the State of
Washington, situated in Benton County,
12. ATTORNEY'S FEES
Attorney's fees that are reasonable and costs, including those on appeal, if appeal
is taken, shall be allowed to the prevailing party by any court hearing a dispute
under this Agreement.
13. INSURANCE
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
i. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
ii. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed by the City.
iii. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's
profession.
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B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability Insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial General
Liability insurance:
i. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
ii. The Consultant's insurance shall be endorsed to state that the
coverage shall not be cancelled by either party, except after thirty (30)
days prior written notice by certified mail, return receipt requested, has
been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. best rating of not less
than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work
14. HOLD HARMLESS
It is further agreed that the Consultant shall defend, indemnify, and hold the City,
its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the negligent performance of the contract, except for injuries and
damages caused by the sole negligence of the City.
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15. WARRANTY
The professional services will be furnished in accordance with the care and skill
ordinarily used by members of the same profession practicing under similar
conditions at the same time and in the same locality. The Consultant makes no
warranties express or implied, under this Agreement or otherwise, in connection
with the Consultant's services.
16. SUCCESSORS OR ASSIGNS
All of the terms, conditions and provisions hereof shall inure to the benefit of and
be binding upon the parties hereto, and their respective successors and assigns;
provided, however, that no assignment of the Agreement shall be made without
written consent of the parties to the Agreement.
17. EQUAL OPPORTUNITY AGREEMENT
The Consultant agrees that he will comply with all Federal, State and local non-
discrimination laws and regulations in effect at the time this agreement is executed.
18. CHANGES OF WORK
The Consultant shall make such changes and revisions in the completed work of
this Agreement as necessary to correct or revise any errors, omissions, or other
deficiencies in the design, drawings, specifications, reports, and other similar
documents which the Consultant is responsible for preparing or furnishing under
this Agreement, when required to do so by the City, without additional
compensation thereof.
Should the City find it desirable for its own purposes to have previously
satisfactorily completed work or parts thereof changed or revised, the Consultant
shall make such revisions as directed by the City. This work shall be considered
as Extra Work and will be paid for as herein provided under Section 19, Extra
Worts.
19. EXTRA WORK
The City may desire to have the Consultant perform work or render additional
services within the general scope of this Agreement. Such work shall be considered
as Extra Work and will be specified in a written supplement to this Agreement which
will set forth the nature of the scope, schedule for additional work, additional fees
and the method of payment_ Work under a supplemental Agreement shall not
proceed until authorized in writing by the City.
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20. INFORMATION AND WORK PROVIDED BY THE CITY
Such data as is currently possessed by the City and is useful or necessary to the
Consultant in order to carry out the Project shall be turned over to the Consultant at
a time and place mutually convenient. The Consultant is entitled to rely on the data
provided. Except as specifically provided in Exhibit "A", the City is not required to
retain additional consultants, do research or obtain additional data for use by the
Consultant at the City's expense.
21. COMPLIANCE WITH LAWS
The Consultant shall be duly licensed (including Business Registration with the City
of Richland) and shall comply with all applicable federal, state and local laws,
ordinances, and codes.
In all activities related to this Agreement, the Consultant agrees to comply or assist
the City when necessary for its compliance with all Certifications required by HUD
for disbursal of these funds. Failure to comply with such laws, regulations and
policies shall cause this contract to become immediately null and void. All funds
spent in violation of such certifications, laws, and regulations will be repaid to the
City within 30 days upon violation of the terms of the Agreement if such
laws/regulations so require.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
CONSORTIUM: CONSULTANT:
CYNTHIA D. JOHNSON JOHN EPLER, CONSULTANT
City Manager
City of Richland for the
Tri-Cities HOME Consortium
REPRESENTATIVE MEMBERS:
GARY CRUTCHFIELD ROBERT R. HAMMOND
City Manager City Manager
City of Pasco City of Kennewick
APPROVED AS TO FORM:
THOMAS O. LAMPSON
City Attorney
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Exhibit "A"
Tri-Cities HOME Consortium
Consolidated Plan Update
Scope of Work
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To Be Completed By Consultant
1. Meet all HUD Consolidated Plan contents and procedures as specified at 24 CFR Part 91.
Recommend organizational structure consistent with the Consortium's interest in regional
and City level planning and strategy development using the format of the Tri-Cities
Consolidated Plan 2005-2009 document. Consultant will provide electronic draft
Consolidated Plan, make revisions as necessary and provide electronic final document with
(1) hard copy to the City of Richland, lead entity for the Tri-Cities HOME Consortium.
Electonic copy to be in Microsoft Word format on compact disk.
2. Incorporate and/or build into Consolidated Plan from existing community plans supplied by
the Cities of Pasco, Kennewick and Richland:
a. Updated Continuum of Care Plan from Benton Franklin Community Action
Committee to be completed by
b. Housing Authorities of Pasco & Franklin County, Richland and Kennewick Five-Year
Plans.
c. Transportation Improvement Plans from all three cities
d. Comprehensive Plans from all three cities
e. Downtown Revitalization Study from Pasco
f. Other economic studies from Pasco
3_ Conduct interviews as organized by the consortium with the following:
Initial Needs Assessment:
Public Hearing Focus Groups Small Groups & Individuals
Key Stakeholders
(1)Open Invitation (1)Housing Providers (9)Small Council (3)City Managers
(1)Public Service Providers i Groups from 3 cities (3)CDBG/HOME
(1)Economic Development (3) Staff Groups Coordinators
(1)Downtown interests (3) Public Safety (3)Housing Authority
(1)Minority Groups Directors
(2)*Kennewick CDBG Advisory
Committee
(2)*Richland HCDAC
(2)*Pasco Planning Commission
(3)*Council Liasons
(3)Public Housing Tenants
*One meeting to be held after community needs inventory prior to preparation of the strategic plan.
4. Conduct public meeting to present draft of Strategic Plan, Goals and Objectives at location
to be arranged by the City of Richland.
5. Update existing Analysis of Impediments to Fair Housing with strategies to address the
impediments
6. Sample survey of existing housing conditions in target areas identified by the Consortium
(Kennewick and Pasco).
The Consortium will provide the following to the Consultant
1_ Existing community plans.
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2. Scheduling of 2-day session of interviews with community leaders to assist consultant in
gathering needs information
3. Maps
4. Certifications
5. Citizen Participation Plan
6. Annual Action Plans
T Summary of public comments from public hearings
8. Inventory of existing facilities, services and housing provided in the Tri-Cities
9. Tabie 2 Community Development Needs
10. List of other financial mechanisms that will or might be used to achieve goals and objectives
11. Resolutions approving plan
12. Printing, binding and distribution of final Consolidated plan
Joint Effort:
1. Anti-Poverty Plan
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Exhibit "B"
Tri-Cities HOME Consortium
Consolidated Plan Update
Summary of Costs
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SCOPE OF WORK -Tri-Cities Consortium
1. Conduct Key Informant Interviews
2. Facilitate three -2 hour sessions work sessions of stakeholders, prepare summary report
3. Prep/Meet with City Councils (needs implications)
4. Assist in Linking Needs to Strategies
5. Assist in developing Performance Measures
6. Assist in preparing HUD Tables
7. Research and Write Up-date of Profile and Needs Assessment
8. Write revised Public Participation and Policies section
9. Format and Edit Drafts & Final Draft Document
Cost: Up to $25,000
SCOPE OF WORK— Pasco
10. Conduct a Windshield Survey of Housing Conditions for 280 homes
Cost: Up to $2,000
SCOPE OF WORK — Kennewick
11. Assist in Up-dating changeslobjective of existing NRSA
12. Conduct a Windshield Survey of Housing Conditions for 280 homes
Cost: Up to $2,550
TOTAL LUMP SUM NOT TO EXCEED $29,560
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Exhibit "C"
Tri-Cities HOME Consortium
Consolidated Plan Update
Schedule of Deliverables
5/10 Begin work on elements of Work Plan
June Key informant interviews
7110 Needs Assessment document completed in draft
TBD Meet with Stakeholder Groups in 3 sessions
TBD Meet with City Council representatives to discuss the implications of needs on
strategies
8110 Key information for local planning groups on needs for strategy development
919 Draft Con Plan prepared for public comment (write all major sections except
Strategic Plan).
1019 Materials for City Council decisions
1116 Complete any final changes to Final Con Plan Document for submission to HUD
by 11115109.
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