HomeMy WebLinkAbout2009.06.22 Council Special Meeting Packet AGENDA
PASCO CITY COUNCIL
Special Meeting 7:00 p.m. June 22,2009
1. CALL TO ORDER
2. ROLL CALL
(a) Pledge of Allegiance.
3. BUSINESS ITEMS
*(a) Interlocal Agreement: Grant for"A" Street Right-of-Way:
1. Agenda Report from Gary Crutchfield, City Manager dated June 17, 2009.
2. Vicinity Map.
3. Interlocal Agreement.
MOTION: I move to approve the interlocal agreement with Franklin County for
Economic Development Funds and, further, authorize the Mayor to sign the agreement.
*(b) Award LID#145—"A" Street Improvements,Project No. 08-3-05:
1. Agenda Report from Michael McShane, City Engineer dated June 17, 2009.
2. Vicinity Map,
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the LID No. 145 —"A" Street Improvements,
Project No. 08-3-05 to A&B Asphalt, Inc., in the amount of$1,676,116.49, plus applicable
sales tax and, further, authorize the Mayor to sign the contract documents.
4. ADJOURNMENT
AGENDA REPORT
TO: City Council June 17,2009
FROM: Gary Crutchfi z Manager Special Mtg.: 6/22/09
SUBJECT. Interlocal Agr ment: Grant for"A" Street Right-of-Way
I. REFERENCE(S):
1. Vicinity Map
2. Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
6/22: MOTION: I move to approve the interlocal agreement with Franklin County for
Economic Development Funds and, further, authorize the Mayor to
sign the agreement.
III. FISCAL IMPACT:
See below.
IV. HISTORY AND FACTS BRIEF:
A) In performance of the design work necessary to prepare construction/bid
specifications for the "A" Street LID project, staff discovered that the south half
of the basic "A" Street right-of-way (30') had not been previously dedicated by
the respective property owners (from Cedar Street easterly to Road 40 East). In
addition, the LID project would require another 10' on the south side to
accommodate the additional lane width and associated improvements.
B) The affected property owners (Osborne and Hjaltalin) have already developed
their properties (to a great extent) and will be somewhat affected by the loss of
additional land to right-of-way. Both have agreed to dedicate the necessary right-
of-way upon payment of a sum determined at the rate of $1/square foot of land
dedicated but not already used for "A" Street right-of-way (meaning the portion
already used will be dedicated without cost). The other affected property owner is
Columbia East Partnership; as that property is undeveloped at this point, the
dedication will not be adverse and the partnership has agreed to dedicate the entire
portion at no cost.
C) Ordinarily, the expense of right-of-way acquisition would be recorded as an
expense of the project and recovered through assessments to all of the property
owners proportionately. However, staff has worked with Franklin County to
obtain the funds necessary to pay for the right-of-way; the County has approved a
grant from its "Economic Development Fund," recognizing the LID project is
intended to foster more industrial development within the County. The proposed
interlocal agreement conveying the grant approval is attached.
V. DISCUSSION:
A) Although the city does not ordinarily purchase right-of-way for local street
construction, the County's grant offers an extraordinary means of overcoming the
impediment. In that the affected property owners are cooperative in planning the
LID and are dedicating without cost that portion already used by the public, the
proposed acquisition is a reasonable resolution of the potential conflict and will
permit the LID to go forward. As such, staff recommends approval of the County
grant interlocal agreement. If Council concurs, staff will follow through with
acquisition of the necessary right-of-way as discussed, so the LID project may
proceed without unnecessary delay.
3(a)
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INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY
OF PASCO, WASHINGTON, AND FRANKLIN COUNTY,
WASHINGTON, FOR DISBURSAL OF RURAL COUNTY FUNDS
PURSUANT TO RCW 82.14.370
THIS INTERLOCAL COOPERATIVE AGREEMENT is entered into this day of
2009, between the City of Pasco, a Washington municipal corporation (the
"Recipient"), and Franklin County, Washington (the"County").
WHEREAS, the County is authorized by RCW 82.14.370 and Laws of 1999, chapter 311
(collectively, the "Act") to impose a sales and use tax not to exceed nine one-hundredths of one
percent (0.09%) for the purpose of financing public facilities in the County (the"Tax"); and
WHEREAS, the County imposed the Tax at the maximum statutory rate pursuant to
Ordinance No. 4-2007, adopted by the Board of County Commissioners on July 2, 2007; and
WHEREAS, the Act authorizes the County to deduct the amount of the Tax from the
amount of tax otherwise required to be collected or paid over to the Department of Revenue
under chapter 82.08 or 82.12 RCW; and
WHEREAS, the County has relied on the Legislature's express intent that the County
impose the Tax and use it to finance public facilities for not longer than 25 years to promote the
ongoing operation and expansion of business in rural distressed areas, to attract new businesses
to rural distressed areas, to assist in the development of new businesses from within rural
distressed areas, to provide family wage jobs to the citizens of rural distressed areas and to
promote the development of communities of excellence in rural distressed areas; and
WHEREAS, the County has consulted with cities, towns and port districts within the
County regarding the use of Tax proceeds; and
WHEREAS, an advisory committee appointed by the County convened and reviewed
fourteen (14) requests for allocations of Tax proceeds, the aggregate sum of which was
$13,565,000; and
WHEREAS, the advisory committee has recommended three (3) proposals for funding
totaling$250,000; and
WHEREAS, the advisory committee has recommended the specific proposal of the
Recipient described herein for funding totaling $50,000; and
WHEREAS, the Recipient and County, by their respective governing bodies, have
determined that it is in the best interest of each jurisdiction to cooperate in disbursing Tax
proceeds received by the County pursuant to the Act; and
WHEREAS, pursuant to the Interlocal Cooperation Act (chapter 39.34 RCW), the
Recipient and County are authorized to exercise their powers jointly and thereby maximize their
abilities to provide services and facilities which will best fulfill common needs; and
WHEREAS, the Recipient is authorized by chapters 35.22 and 35A.21 RCW to
undertake the Project (as defined in Section 1 of this Agreement); and
WHEREAS, RCW 36.01.085 provides that it shall be a public purpose for all counties to
engage in economic development programs; and
WHEREAS, the Project is included in the County's overall economic development plan,
as adopted by Resolution No. 2009-204 of the Board of County Commissioners on June 3, 2009;
and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Recipient and the County agree as follows:
Section 1. Purpose.
The purpose of this Agreement is to formalize a commitment whereby the County will
allocate to the Recipient the sum specified in Section 3 hereof, and whereby the Recipient will
complete the Project(as defined below) upon the terms and conditions described herein.
The Recipient will use the Grant Amount (as defined below) and any interest earnings
thereon to fund the completion of the East "A" Street Right-of-Way Acquisition project to
acquire necessary right-of-way along south line of east "A" Street to accommodate widening of
East"A" Street via LID (the"Project").
Section 2. Project Time/ Budget.
Work on the Project shall be substantially complete within 12 months from the effective
date of this Agreement. For purposes of RCW 39.34.030(3)(d), the Recipient will establish and
maintain a Project construction budget and, for so long as the Project is owned and operated by
the Recipient, will consider the needs of the Project when preparing the Recipient's annual
operating budget. The Recipient will be responsible for acquiring, holding and disposing of
Project property. Unless otherwise agreed by the parties by subsequent written instrument, the
County shall not own any real or personal property acquired with the Grant proceeds distributed
to the Recipient hereunder.
Section 3. Grant Amount/Tax Covenants.
(a) The County will transfer to the Recipient the principal amount of $50,000 (the
"Grant Amount"). The Recipient acknowledges that such amount will be derived from rural
county(0.09%) capital projects Grant proceeds. The Recipient covenants that:
(1) The Recipient has entered into a contract or otherwise incurred a
substantial binding obligation toward commencement of the Project, or will have entered into
such a contract or other substantial binding obligation within six months. Construction of the
Project is expected to begin in July 2009. Work on the Project and expenditure of the Grant
Amount are expected to proceed with due diligence to the completion of the Project. The
Recipient will not use any portion of the Grant Amount to reimburse itself for expenditures made
prior to June 24, 2009.
(2) The Recipient will document and account specifically for the investment
and expenditure of the Grant Amount, and will notify the County of any unspent proceeds of the
Grant Amount not later than April 30, 2010.
(3) The Recipient will provide such documentation as the County reasonably
requests.
(4) Until such time as the Grant Amount is fully expended, the Recipient will
send to the County Treasurer a report showing:
(i) purchase date,
(ii) purchase price,
(iii) fair market value on the purchase date.
Section 4. Inspection of Records.
The records and documents with respect to all matters covered by this Agreement shall be
subject to inspection by each party during the term of this Agreement and for two years after
Project completion.
Section 5. Force Majeure.
In the event any of the work on the Project is delayed by acts of God, fire, flood or any
other unavoidable casualty including labor strikes or late delivery of materials, the time for
completion of the Project shall be extended for the same period as the delay occasioned by any
of the aforementioned causes.
Section 6. Time of Essence.
For the purposes of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, and the laws of the State of Washington shall apply.
Section 7. Modification of the Agreement.
This Agreement may be modified only by the written consent of each party.
Section S. No Separate Legal Entity.
It is not the intention that a separate legal entity be established to conduct this cooperative
undertaking. For purposes of RCW 39.34.030(4)(a), the Recipient's chief administrative officer
shall administer the Project.
Section 9. Indemnification of the County.
The Recipient shall at all times protect, indemnify and save harmless the County from
and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses (including, without limitation, reasonable counsel fees, and expenses) imposed upon or
reasonably incurred by or asserted against the County on account of (i) any failure of the
Recipient to comply with any of the terms of this Agreement or (ii) any loss or damage to real or
personal property or any injury to or death of any person that may be occasioned by any cause
whatsoever pertaining to the Project or the use or financing thereof or (iii) any use of the Project
in violation of applicable law (including environmental laws); provided, the Recipient has no
obligation to indemnify the County for any claim or liability resulting from the County's
negligence or willful misconduct.
Section 10. Severability.
In the event any term or condition of this Agreement or application thereof to any person,
entity or circumstance is held invalid, such invalidity shall not effect any other terms, conditions
or applications of this Agreement which can be given effect without the invalid term, condition,
or application. To this end, the terms and conditions of this Agreement are declared severable.
Section 11. Survival.
Sections 3, 5, 8 and 12 of this Agreement shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement as of this day of
2009.
RECIPIENT: CITY OF PASCO, WASHINGTON
By:
Title: Joyce Olson, Mayor
Attest:
By:
Title: Debra L. Clark, Clerk
COUNTY: FRANKLIN COUNTY, WASHINGTON
By:
Title: Rick Miller, Chairman
Board of County Commissioners
Attest:
By:
Title: Mary Withers, Clerk
Board of County Commissioners
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that
and are the persons who appeared before me, and said persons
acknowledged that said persons signed this instrument, on oath stated that said persons were
authorized to execute the instrument and acknowledged it as the Mayor and Clerk, respectively,
of the City of Pasco, a municipal corporation of the State of Washington, to be the free and
voluntary act of such municipal corporation for the uses and purposes mentioned in the
instrument.
Dated this day of 2009.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that
and are the persons who appeared before me, and said persons
acknowledged that said persons signed this instrument, on oath stated that said persons were
authorized to execute the instrument and acknowledged it as the Chairman and Clerk,
respectively, of the Board of County Commissioners of Franklin County, a municipal
corporation of the State of Washington, to be the free and voluntary act of such municipal
corporation for the uses and purposes mentioned in the instrument.
Dated this day of 2009.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
AGENDA REPORT NO. 18
FOR: City Council June 17,2009
TO: Gary Crutchfiel anager
Robert Alberts, i i Works Director
FROM: Michael McSh ity Engineer Special Mtg.: 06/22/09
SUBJECT: Award LID #145—"A"Street Improvements, Project#08-3-05
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
06122: MOTION: I move to award the low bid for the LID #145 — "A" Street
Improvements, Project #08-3-05 to A&B Asphalt, Inc. in the
amount of$1,676,116.49,plus applicable sales tax, and further,
authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Approximately 25%of the cost will be absorbed by the City(mostly utilities);balance to
be assessed to adjacent property owners.
IV. HISTORY AND FACTS BRIEF:
A) Some owners of property adjacent to East "A" Street approached City staff in
2007 about forming a Local Improvement District (LID) for improving "A"
Street between Elm Street and Road 40 East with participation from the City.
Staff made a presentation to the City Council on March 10, 2008 regarding the
formation of a LID in "A" Street between Elm Avenue and Road 40 East. On
July 7, 2008, the City Council approved Resolution No. 3089 declaring its
intention to create LID 145. On August 4, 2008, City Council adopted Ordinance
3872, creating Local Improvement District 145 for "A" Street between Elm Ave.
and Road 40 East.
B) The project includes the widening of"A" Street between Cedar St. and Road 40
East, curb and gutter, sidewalks on the north side, storm water facilities using
swales and street lights. Approximately 2600' of water and sewer main (paid
mostly by the City) will be added to complete the utility coverage in the corridor.
Also included will be a replacement bike path to run along the south side through
the entire length of the project.
C) On June 17, 2009, staff received two (2) bids for the LID #145 — "A" Street
Improvements, Project #08-3-05. The low bid was received from A&B Asphalt,
Inc. in the amount of$1,676,116.49, plus applicable sales tax. The second lowest
bid received was from Inland Asphalt, Inc. in the amount of$1,954,223.70, plus
applicable sales tax. The Engineer's Estimate for the project is $1,633,464.50,
plus applicable sales tax.
V. DISCUSSION:
A) Although only 2 bids were received (expected 3), the low bid approximates the
engineer's estimate and, as a whole, appears fair and reasonable.
Staff recommends award of this contract to A&B Asphalt, Inc.
3(b)
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City of Pasco
LID #145 ("A" Street Improvements)
Project No. 08-3-05
June 17, 2009
BID SUMMARY
Total
1. A&B Asphalt, Inc. $19676,116.49
2. Inland Asphalt Co. $1,954,223.70