HomeMy WebLinkAbout2009.11.09 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 6:00 p.m. November 9, 2009
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) 2010 Budget Presentation (approximately 90 minutes). (NO WRITTEN MATERIAI. ON
AGENDA). 2010 Preliminary Budget available for public review at the Pasco Library and on
the City's webpage at http://www.pasco-wa.gov/Generallnfo/FinanceAccountin .
(b) Professional Services Agreement West Pasco WTP Startup Assistance:
1. Agenda Report from Robert J. Alberts, Public Works Director dated November 3, 2009,
2. Vicinity Map.
3. Professional Services Agreement.
(c) Purchase of 11 Acres on Road 111,Pasco:
1. Agenda Report from Robert J. Alberts, Public Works Director dated November 3, 2009.
2. Vicinity Map.
3. Purchase and Sale Agreement.
(d) Legislative Consultant Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated November 5, 2009.
2. Proposed Agreement.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
L 12:00 p.m., Monday, November 9, Pasco Red Lion — Pasco Chamber of Commerce General
Membership Luncheon Meeting. (Featured Presenter: Albert Torres, Publisher, Tu Decides)
2. 10:00 a.m., Tuesday, November 10, Senior Center— Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN, Alt.)
3. 7:00 a.m., Thursday, November 12, Shari's, Walla Walla — BFCG Tri-Mats Policy Advisory
Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.,TOM LARSEN,Alt.)
4. 10:00 a.m.,Thursday, November 12, 502 Boeing Street—Franklin County Emergency Management's
Pandeinie Flu Tabletop Exercise. (MAYOR JOYCE OLSON)
5. 4:00 p.m., Thursday, November 12, 7130 W. Grandridge Blvd — TRIDEC Executive Committee
Meeting_ (COUNCILMEMBER MIKE GARRISON)
6. 7:00 p.m., Thursday, November 12, Transit Facility — Benton Franklin Transit Board Meeting.
(COUNCILMEMBER MATT WATKINS,Rep.;MIKE GARRISON, Alt.)
City Hall will be closed Wednesday, November 11 in honor of Veterans' Day.
AGENDA REPORT NO. 33
FOR: City Council November 3, 2009
TO: Gary Crutchfie``l'' y anager
FROM: Robert J. AIb¢���orks Director Workshop Mtg.: 11/09/09
SUBJECT: Professional Services Agreement West Pasco WTP Startup Assistance
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/09: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On July 07, 2008 the city contracted with CH2MHil1 to design the West Pasco
Water Treatment Plant and provide construction management services. On May
4, 2009 the City awarded a contract to Apollo, Inc. for the construction of the new
plant.
V. DISCUSSION:
A) The proposed agreement with HDR, Inc, is to provide assistance for startup
services at the new West Pasco Water Treatment Plant. The West Pasco Water
Treatment Plant will use the latest technology in membrane filtration and controls.
It is important to be able to properly calibrate and debug the system prior to and at
the time of start up. In too many cases, new plants start up and the systems are not
functioning properly for periods up to a year. Proposed HDR, Inc. staff have
experience in starting up membrane filtration plants. For example, Mr. John Koch
was the lead in the City of Kennewick's upgrades to their water treatment plant
using membrane technology. He has extensive experience starting up a number of
membrane plants.
B) Part of the services with CH2MHILL during construction is to provide start up
services, but not to the extent being proposed by HDR, Inc. There will be some
overlap where some of the work will be transferred from CH2MHILL to HDR,
Inc. The estimated fee from HDR, Inc. is on time and material basis in the
amount of$26,500. The proposed HDR, Inc. agreement will actually reduce the
services that were going to be provided by CH2MHILL by approximately
$10,000. The overall increase in project expenditures will be approximately
$16,500. Anthony Krutsch, CH2MHILL project manager, is in agreement with
this approach to ensure that the plant has as little difficulty as possible in start up
and to be put into full production as soon as possible.
C) Staff recommends the City Council authorize the City Manager to sign the
agreement with HDR, Inc. with a fee not to exceed $26,500.
4(b)
West Side Water Treatment Plant
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SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this day of 120J
between the City of Pasco ("OWNER"),with principal offices at 525 N. Third Ave., Pasco, WA
99301, and HDR ENGINEERING,INC.,("ENGINEER")a Nebraska corporation,with principal
offices at 8404 Indian Hills Drive, Omaha,Nebraska, 68114 for services in connection with the
project known as West Pasco WTP Startup Assistance("Project");
WHEREAS, OWNER desires to engage ENGINEER to provide professional
engineering,consulting and related services ("Services") in connection with the Project; and
WHEREAS, ENGINEER desires to render these Services as described in SECTION 1,
Scope of Services.
NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual
covenants contained herein,agree as follows:
SECTION I. SCOPE OF SERVICES
ENGINEER will provide Services for the Project,which consist of the Scope of Services as
outlined on the attached Exhibit A.
SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES
The "HDR Engineering, Inc. Terms and Conditions for Professional Services,"which are
attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set
forth herein.
SECTION M. RESPONSIBILITIES OF OWNER
The OWNER shall provide the information set forth in paragraph 6 of the attached"HDR
Engineering, Inc. Terms and Conditions for Professional Services."
SECTION IV. COMPENSATION
Compensation for ENGINEER'S services under this Agreement shall be on the basis of Time
and Materials not to exceed Twenty Six Thousand Five Hundred Dollars ($26,500.00). Cost shall
be an amount equal to salary cost times a factor of 3.2. Reimbursable expenses incurred in
connection with such services shall be in addition to ENGINEER'S compensation.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors,computer
usage,telephone,telex, shipping and express,and other incurred expense. ENGINEER will add
ten percent (10%) to invoices received by ENGINEER from subconsultants and subcontractors to
cover supervision,administrative, and insurance expenses.
CITY OF PASCO PAGE 1 HDR ENGINEERING, INC.
WTP STARTUP AGREEMENT XXXXXX/2.1
SECTION V. PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER shall perform the services
described in Exhibit A within a reasonable period of time.
Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services
have been agreed to in anticipation of the orderly and continuous progress of the project through
completion. If any specified dates for the completion of ENGINEER'S services are exceeded
through no fault of the ENGINEER, the time for performance of those services shall be
automatically extended for a period which may be reasonably required for their completion and
all rates,measures and amounts of ENGINEER'S compensation shall be equitably adjusted.
SECTION VI. SPECIAL. PROVISIONS
CITY OF PASCO PAGE 2 HDR ENGINEERING, INC.
WTP STARTUP AGREEMENT X)U(X=2,1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
year first written above.
City of Pasco
"OWNER"
BY:
NAME:
TITLE:
ADDRESS: 525 N. Third Avenue
Pasco, WA 99301
HDR ENGINEERING,INC.
"ENGINEER"
BY: „'
NAME: Miles L. Cross, PE
TITLE: Vice President
ADDRESS: 2805 St.Andrews Lp., Ste A
Pasco, WA 99301
CITY OF PASCO PAGE 3 HDR ENGINEERING, INC.
WTP STARTUP AGREEMENT XXXXXX/2,1
EXHIBIT A
SCOPE OF SERVICES
CITY OF PASCO PAGE 4 HDR ENGINEERING, INC.
WTP STARTUP AGREEMENT XXXX=2.1
EXHIBIT A: SCOPE OF SERVICES
Background and Objectives
The City of Pasco (City) is constructing a new 6 MGD pressure membrane water treatment
plant at Court Street and 1-182 in West Pasco. The City has requested that HDR Engineering,
Inc. provide assistance to the City during startup and acceptance testing for this facility.
System startup and acceptance testing is typically divided into the following phases:
• Pre-demonstration Phase
• Functional Demonstration
• Performance Demonstration, and
• Acceptance Testing.
Consultant has the available technical skills required to perform these startup and acceptance
testing services.
Scope of Services
This scope of services addresses Consultant and related services to assist City of Pasco with
the startup and acceptance testing of their new membrane water treatment plant.
The scope of services is organized into the following tasks.
• Task Series 100 Project Management and QA/QC
• Task Series 200: Pre-demonstration Phase
• Task Series 300: Functional Demonstration Phase
• Task Series 400: Acceptance Testing Phase_
1.0 Task 100 -- Project Management and QA/QC
Objectives
Meet with City staff to review progress and define City preferences for accomplishing the work
outlined in this scope of services.
Provide for quality assurance/quality control (QAJQC) reviews of the recommendations and
project deliverables.
Consultant services
1. Coordinate and manage the Consultant team. Prepare a Project Guide for startup and
acceptance services.
2. Communicate and coordinate with the City project team via the City project manager_
Attend miscellaneous project management meetings with the City.
West Pasco WTP Startup Assistance !
3. Provide QA/QC reviews of the recommendations and deliverables.
4_ Prepare monthly invoices and project status reports.
City Responsibilities
1. Participate in project coordination meetings_
2. Respond in a timely manner to issues brought out in the progress reports and through
direct communication with the Consultant.
Assumptions
1. The duration for completing the startup and acceptance testing services is anticipated to
be completed by June 2010.
2. There will be up to 3 project management status meetings with the City.
Deliverables
1. Monthly invoices and project status reports.
2. Meeting notes.
2.0 Task Series 200 -- Pre-Demonstration Phase
Objectives
Review of construction contractor's and Pall's startup/commissioning plans.
Consultant Services
1_ Review Pall's control loop description and make comments on the loop descriptions
focusing primarily on how the entire control system can be remotely operated while
providing the City will the necessary save guards to produce water meeting the
Washington Department of Health permit requirements.
2. Review Pall's commission plan and make comments where modifications could be
made to improve the overall startup sequence.
3. Review the construction contractor's startup/commissioning plan and make comments
were modifications could be made to improve the overall sequence.
4. Assist the City in the development of startup check lists which can assist in the checkout
of the membrane system and the plant's process systems.
Assumptions
1. Construction/startup schedule will be provided and update on a monthly basis. by
construction contractor.
2. Pall's control loop descriptions will be provided.
3. Pall's commissioning plan will be provided.
West Pasco WTP Startup Assistance 2
4. Construction contractor's commissioning plan will be provided.
5. Construction contract documents (plans and specifications) will be provided in electronic
format.
6. Procurement contract documents will be provided.
Deliverables
1- Written comments on construction contractor's and Pall's startup.
2. Written comments on Pall's control loop descriptions.
3. Written comments on Pall's commissioning plan.
4. Written comments on construction contractor's commissioning plan.
5. Startup checklist developed from Pall's and contractor's commissioning plants.
3.0 Task 300 Functional Demonstration
Objective
Provide assistance to City to demonstrate the functional integrity of the equipment and
components comprising the West Pasco Water Treatment Plant prior to the introduction of
clean water.
Consultant Services
1. Assist the City in the demonstration of Pall's control system. Simulate and submit
verification checklists of Pall's membrane system:
a. Equipment functions with manual activation of PLC outputs.
b. Manual activation of equipment functions from HMI/SCADA system.
c. Manual HMIISCADA system activation of equipment functions from
HMI/SCADA including demonstration of field faults and instrument readings
to HMIISCADA.
2. Assist City in testing system and confirm status when power is lost to individual
components demonstrated by opening disconnect, circuit breaker and fuses:
a. Main control panel(s).
b. PLC if provided.
C. SCADA Computer if provided.
d. Each individual instrument.
e. Each VFD if provided.
f. Each reduced voltage starter if provided.
g. UPS system if provided.
h. Confirm loss of signal response and out of range response for each analog
instrument.
West Pasco WTP Startup Assistance 3
i. Loss of Utility Power to system.
City Responsibilities
1. Provide access to the facility.
2. City will have operational/maintenance personnel to assist in system verification.
Assumptions
1. Construction Contractor and Pall will have performed initial functional checks.
Deliverables
1. Consultant's Site Visitation memorandum of site visit during functional demonstration
period.
4,0 Task 400 Performance Demonstration
Objective
Provide the City with assistance during the performance demonstration period of the facility
startup process_ This is the phase of the startup where the Pall system demonstrates its
function capability to meet contract and permit requirements with clean water prior to
discharging permeate to the City of Pasco's distribution system.
Consultant Services
1. Observe the operation of the facility under the following conditions and make comments
on how to improve the functionality and reliability of the system:
a. Under fully automatic PLC/SCADA control.
b. Under remote control from Butterfield Water Treatment Plant.
c. Under local PLC control from the West Pasco Water Treatment Plant.
d. Under manual control.
City Responsibilities
1. Provide access to the facility.
2. City will have operational/maintenance personnel to assist in system verification_
Assumptions
1. Construction Contractor and Pail will have performed checks and completed checklists.
Deliverables
1. Consultant's Site Visitation memorandum of site visit during performance demonstration
period.
West Pasco WYP Startup Assistance 4
5.0 Acceptance Testing
Objective
Provide the City with assistance during the acceptance testing period which will demonstrate
the functional integrity of the mechanical, electrical, and control interfaces of the equipment and
components of Pail's system. This phase will demonstrate the membranes capability to meet
contract performance requirements including the duration of time specified between clean-in-
place requirements.
Consultant Services
1. Assist the City when required with the observation of the system performance and
interpretations of the performance data collected during the acceptance test period.
City Responsibilities
1. Provide access to the facility_
2. Provide acceptance test performance data.
Assumptions
1. City's SCADA system and Pall's SCADA system will log and tabulate all required data
necessary to evaluate system performance.
Deliverables
1. One technical memorandum comparing contract performance requirements and testing
performance data if requested by the City.
6.0 Schedule
City will keep consultant informed of the progress of construction, installation of equipment and
startup. City and Consultant will attempt to schedule on-site visits to the facility in conjunction
with Consultant's regularly scheduled trips to the Pasco area. Consultant's time for on-site
visits will be scheduled two weeks in advance of each required visit.
7.0 Budget
For services described in this Scope of Services payment shall be made on a Time and
Materials basis. Anticipated costs are included in the attached Exhibit B Fee Schedule.
West Pasco WTP Startup Assistance 5
BASIS OF FEE -ATTACHMENT B
Compensation
Direct Labor
T Rake ~ Hours I Subtotal Total
John Koch $ 223.00 83 $18,509.00
Bob Bower $ 176.001 13 - $2,288.00
Julie Self_$ 92.00 'i 2 $184,00 _
Lesile Kirk $ 82.00 20 $1,640.00
Labor Cost 118 $22,621.00
Total Labor Cost $22,621.00
Expenses Direct Costs
_ Mlleage/TraveUFerry Tolls _ $3,395.20
5hippinj/Postage/Courier
Com
puter/Word Processing $483.80 _
Subtotal Direct Costs I $3,879.00
Total Direct Costs Expenses $3,879.00
TASK TOTAL COMPENSATION M $26,500.00
Task 1 3 2009 10 06 Budget for West Pasco WTP.xis
AGENDA REPORT NO. 34
FOR: City Council t November 3, 2009
TO: Gary Crutchfiel 1, t anager
FROM: Robert J. Alberts la�erks Director Workshop Mtg.: 11/09/09
SUBJECT: Purchase of 11 acres on Road 111,Pasco
I. REFERENCE(S):
1. Vicinity Map
2. Purchase Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/09: Discussion
III. FISCAL IMPACT:
Sewer Utility
IV. HISTORY AND FACTS BRIEF:
A) Staff recently obtained a contingent purchase agreement for an 11-acre parcel
adjacent the site of the second water treatment plant. The offer is contingent on
an acceptable Phase 1 Environmental Review and City Council approval.
B) The City purchased the 5 acre site for the second water treatment plant (adjacent
to the 11 acre parcel) for $225,000 in 2007,
V. DISCUSSION:
A) Staff believes this property would lend itself well to a future waste water
treatment plant and other possible public facilities. Any facility built would need
to go through the process of obtaining a special use permit. During the permit
process, the technology that would be used for treatment, process control, solids
handling and odor control would be identified. The need of such facilities is
projected for no sooner than 5-10 years.
B) City contracted with PBS Environmental Engineers to do the environmental site
assessment. Review shows no evidence of adverse environmental conditions.
Staff recommends Council authorize the City Manager to purchase the property in
the agreed amount of$300,000 with funds from the sewer utility.
4(c)
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REAL ESTATE PURCHASE AND SALE AGREEMENT
TJ1IS REAL ESTATE PURCHASE AND SALE AGREEMENT, is dated this I(o-
day of 2009, between the City of Pasco, Washington a Washington
Municipal dorporation, hereinafter referred to as "Buyer", and Tri-Cities Chaplaincy, a
Washington Non-Profit Corporation, hereinafter referred to as "Seller, " the following described
real estate in the County of Franklin, State of Washington, legally described in Exhibit A attached
hereto and identified as Tax Parcel No. 118-180-180 in the records of the Franklin County Assessor.
1. Received from Buyer, the sum of Five Thousand Dollars ($5,000.00) in the form
of a check which has been deposited with Benton-Franklin Title Company in Kennewick,
Washington ("Closing Agent") as earnest money (any earnest money check shall be deposited
only after mutual acceptance) and as a credit to Buyer of the above described real estate, which
Buyer agrees to buy and Seller agrees to sell the property, located in Franklin County,
Washington, and legally described in Exhibit A attached hereto.
2. Total purchase price is THREE HUNDRED THOUSAND DOLLARS
($300,000.00),payable all in cash at closing,with credit for earnest money on deposit.
3. Buyer represents that they have sufficient funds available to close this sale in accordance
with this Agreement,and are not relying on any contingent source of funds.
4. Title of Seller is free and clear of liens or encumbrances, except existing future
governmental charges for irrigation assessments, LIDS or other improvements, rights, reservations,
covenants, conditions and restrictions presently of record,easements and encroachments of records or of
apparent use.All such items shall not be deemed encumbrances or defects for purposes hereof. Further,
title is not warranted nor the condition of the property is warranted as to its present condition,
use (authorized or unauthorized), nor environmental condition, Any monetary encumbrances
appearing of record shall be discharged by Seller and may be paid out of Buyer's money at date of
closing. Buyer takes the property as is, subject to the terms and conditions listed in Section 6
below, and with regard to any and all zoning requirements considering its use and occupancy,
5. Seller shall furnish to Buyer, a standard form owner's or buyer's policy of title
insurance. Seller shall furnish to Buyer, as soon as practicable prior to closing, a preliminary
commitment for said title insurance issued by a Title Insurance Company selected by Seller. The title
policy to be issued shall contain no exceptions other than those provided for in the standard form,plus
encumbrances, defects or other matters as provided for and identified in this Agreement. Buyer shall
conclusively be deemed to have accepted the condition of title unless Seller receives actual notice of
Buyer's objections within fifteen(15)days after the preliminary commitment for title insurance is received
by and made available to Buyer, If title is not so insurable, and cannot be made so insurable prior to
closing,Buyer may elect either to waive such encumbrances or defects,or to terminate this Agreement
and receive a refund of the earnest money. Buyer shall be entitled to no recovery of damages beyond a
refund of the earnest money deposit. Buyer acknowledges that a standard form of title insurance does
not insure the location of boundaries and that an extended form of insurance is available at additional
cost to the Buyer.
Real Estate Purchase& Sale Agreement- 1
6. Title to the real property purchased shall be conveyed by special warranty deed free of
encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer.
7. Seller represents that it has authority to enter into this transaction and that Buyer may rely
on Seller's signature as affixed hereto.
S. Buyer's obligations to this Real Estate Purchase and Sale Agreement are subject to
the following contingencies:
(a) Formal approval by the Pasco City Council;
(b) The performance of an Environmental Assessment, Phase I inspection of the
property demonstrating, to the satisfaction of the Buyer, that the property is free of
environmental contaminants, Buyer shall bear all costs of the Environmental
Assessment and Seller agrees that Buyer and its representatives (including
environmental consultants, architects and engineers) will be afforded the right and
opportunity to enter the property and conduct any and all tests and inspections
necessary to complete the Environmental Assessment Phase I inspection; and
(c) Buyer shall act promptly to investigate these contingencies and determine to its
satisfaction,not less than one week prior to closing, that the contingencies have been
met. In the event any of the contingencies above have not been met,the Buyer shall,
at its sole option,terminate this Agreement, or waive that contingency.
9. This sale agreement shall be closed on or before December 30, 2009 by Benton-Franklin
Title Company in Kennewick, Washington. "Closing" means the date on which all documents are
recorded and the sale proceeds are available for disbursement to Seller. Buyer and Seller shall deposit
with closing agent all documents and monies required to complete this sale in accordance with this
Agreement Both Buyer and Seller agree to cooperate with one another to close this sale according to
the terms and conditions as contained herein. In the event the sale cannot be closed because of a
prohibition by the City of Pasco, or any other govemmental entity, then the earnest money shall be
returned to the Buyer and this Agreement shall be at an end without further liability of either party to the
other as a result of this Agreement.
10. Seller and Buyer shall each pay their own attorney's fees and costs, Seller and Buyer
shall share equally the escrow fees incurred for closing the sale. Seller shall pay, if any, the
Washington state real estate excise tax as may be incurred in the sale of the property. Seller shall pay the
costs of title insurance except as otherwise provided for in this Agreement. Taxes for the current year,
if any, shall be provided as of the date of closing. All other utility charges constituting liens shall,be
prorated as of the date of closing, All other closing costs shall be charged as are normally charged to
Buyer and Seller in the closing of real estate transactions in the state of Washington,
11, Buyer shall be entitled to possession on closing,
12. Buyer's rights under this Agreement may not be assigned by Buyer without Seller's
prior written consent,which consent shall not be unreasonably withheld.
Real Estate Purchase&Sale Agreement-2
13. The Buyer is represented by Kerr Law Group.
14. Unless otherwise specified in this Agreement,any and all notices required or pemmitted to be
given under this Agreement must be given in writing. Notices to Seller must be signed by at least one
of the Buyers and shall be deemed to be given when actually received by Seller or by Seller's agent.
Notices to Buyer must be signed by at least one Seller or by Seller's attorney and shall be deemed to be
given when actually received by the Buyer or Buyer's attorney, Actual receipt shall be deemed to have
been given to Buyer on the,third day following the date of mailing said notice to Buyer by United
States Mail,postage prepaid.
15. Unless otherwise expressly specified herein, any period of time specified in this
Agreement shall expire at 5:00 p.m. on the last calendar day of the specified time period,unless the last
day is Saturday, Sunday, or legal holiday, as prescribed in RCW 1,16.050, in which event, the
specified time shall expire at 5:00 p.m. on the next business day. Any specified period of five(5)days or
less shall include business days only.
16. Time is of the essence. There,are no verbal agreements which modify this Agreement.
This Agreement constitutes the full understanding between Seller and Buyer. Buyer has personally
observed the property and has reached Buyer's own conclusion as to the adequacy and acceptability of
the property based upon such personal inspection. All size, dimensions, acreages and/or
boundaries used in marketing for identifying the property are understood to be approximations and are
not intended to be relied upon to determine the fitness or value of the property.
17. If this Agreement is terminated for any reason, any costs authorized under this
Agreement to be advanced from the earnest money deposit and cancellation fees of the title company
and closing agent shall be deducted before the remaining earnest money is refunded to Buyer or
forfeited to Seller, if a dispute should arise regarding the disbursement of any earnest money, the
party holding the earnest money may interplead the funds into Court. Furthermore, if either Buyer or
Seller defaults, the non-defaulting party may seek specific performance or damages, and the Seller
may, under some circumstances, retain the earnest money as liquidated damages. However, the
Seller's remedy shall be limited as follows if the paragraph below has been initialed by both parties.
In the event the Buyer fails, without legal excuse,to complete the purchase of the Property, the
earnest money deposit made by the Buyer shall be forfeited to the Seller as the sole and exclusive
remedy available to the Seller for such failure. Furthermore, if the earnest money deposited exceeds
five percent (5%) of the sale price, Seller may retain as liquidated damages and as Seller's sole
remedy earnest money equal to only 5% of purchase price; any additional earnest money shall be
refunded to Buyer.
Buyer:
Seller:
18. This Agreement effects legal rights and obligations and will have tax implications.
Each of the parties hereto acknowledge the understanding that they must each seek their own
individual and independent attorneys, accountants and tax advisors with regard to this Agreement and its
implications.
Real Estate Purchase&Sale Agreement- 3
19. Seller hereby grants to Buyer from and after the date of closing all rights Seller shall
have under any and all lease agreements affecting the property subject to this Real Estate Purchase and
Sale Agreement. Seller hereby grants and conveys to Buyer from and after the date of closing any
and all water rights affecting or appurtenant to the property subject to this Real Estates Purchase and
Sale Agreement,
20. Seller hall have a reasonable time to accept or reject this offer, which time shall
expire at 5:00 p.m. . -9-� If this offer is not so accepted,it shall lapse.
BUYER:
CITY OF AS ,WASHING ON
By: � 1 �(p 10 01
Gary rutchfiel , ty Poager Date
On this A 1 day of J kln&-t,"2009, Seller agrees to sell the property on the terms
and conditions as set forth in this Agreement.
SELLER:
TRI-CITIES CHAPLAINCY
By:
Bette Cooper, Executive Director
Real Estate Purchase&Sale Agreement-4
STATE OF WASHr GTON )
:ss
County of Franklin )
On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the
City of Pasco, to me known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for
the uses and purposes therein mentioned.
SUBSCRIBED and swom to before me this d—day of, 009.
zuIm. �i
+` y��o�+'�t'P;:c9��i� Notary Public in and for the S to Washington
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STATE OF WASHINGTON )
County of —O n }ss
On this day personally appeared before me-a.J W (/Ir , to me
known to be the individual described in and who executed the within and foregoing instrument, and
acknowledged that she signed the same as her free and voluntary deed for the uses and purposes
therein mentioned, rr
SUBSCRIBED and sworn to before l day of /2009.
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Notary Public i4N e Sta
Residing at
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Notary Public
State of Washington STAC
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I'Ay CO J Mie JO EXP4RE5
Real Estate Purchase &Sale Agreement-5
EXHIBIT A
Parcel I
That portion of the northwest quarter of Section 18, Township 9 North, Range 29 East, W.M.,
Franklin County, Washington, described as follows:
Commencing at the northwest corner of said Section 18; thence south 88 059'59" East, along the
north line of said Section 18, for 1711.47 feet; thence south 02°03'59" east for 770.74 feet; thence
south 06 044'33" east for 315,40 feet to the most northerly corner of that tract of land shown as Parcel
5 on record survey recorded under Auditor's file number 456145, records of Franklin County,
Washington, and the true point of beginning being on the southeasterly right-of-way margin of SR
182; thence south 06°44'33" east for 268.86 feet; thence south 55°31'53" east for 381.95 feet to the
northwesterly line of the Franklin County Irrigation District pipeline right-of-way; thence south
35 021'24" west, along said pipeline right-of-way, for 883.96 feet; thence north 48°217'41" west for
237.52 feet; thence north 35 022'14"east for 233.41 feet;thence north 54°38'36"west for 498.88 feet
to the southeasterly right-of-way margin of said SR 182; thence north 50°21'05" east, along said
right-of-way margin, for 152.64 feet; thence north 44°38'26" east, along said right-of-way margin,
for 402.00 feet; thence north 49°46'42"east, along said right-of-way margin, for 100.00 feet; thence
north 49°08'31"east,along said right-of-way margin, for 182.79 feet to the true point of beginning.
Containing 11.41 acres,more or less.
Real Estate Purchase& Sale Agreement-6
AGENDA REPORT
TO: City Counci November 5, 2009
FROM: Cary Crutch" 1 Manager Workshop Mtg.: 11/9109
Regular Mtg.: 11/16/09
SUBJECT: Legislative Co sultant Agreement
1. REFERENCE(S):
1. Proposed Agreement
11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
11/9: Discussion
11!16: MOTION: I move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for state legislative consultant services and,
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
Total: $27,000; General Fund
IV. HISTORY AND FACTS BRIEF:
A) The city has employed the services of a legislative consultant for each of the past six
years. In doing so, the city has realized the following accomplishments that would
likely not have happened if not for the particular services of the consultant work:
$5.2 million legislative appropriation for construction of the Ainsworth Overpass
Project(2004);
Preservation of the rental inspection program;
• $400,000 legislative appropriation for construction of the Court Street Pedestrian
Overpass of SR395 (2007);
• $3,000,000 legislative appropriation in the 2009-11 state transportation budget
for the Lewis Street Overpass.
B) GTH has offered to continue services for Pasco, at the rate of$3,000 per month, with
a contract tenn through June 2010; the resulting cost is $24,000 (plus $3,000 in
reimbursables). While the consultant will perform the general legislative duties
listed, of particular value will be the consultant's effort to obtain additional state
funding assistance for the Lewis Street overpass, a long-desired project of the city
which is simply too costly for the city to construct on its own.
V. DISCUSSION:
A) The value of an effective legislative consultant is clear when measured by the success
the city has realized over the past six years. Continuing such a relationship is
imperative if the city desires to continue to seek assistance via the state legislature
(whether by appropriation or statutory language).
B) GTH accomplished no small feat in the 2009 session by helping obtain legislative
appropriation of $3,000,000 for the Lewis Street Overpass. White our legislators
were instrumental in this endeavor, they were aided greatly by the effort of GTH
coordinating with other legislators (particularly legislative leadership). That funding
will allow the design to be completed and right-of-way acquired over the next year.
C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue
a coordinated effort (state and federal) to obtain the funding assistance necessary for
construction of the Lewis Street Overpass project. The proposed scope of work will
not only address the city's 2010 legislative agenda, but will also continue the
"federal/state" action plan specifically aimed at the Lewis Street overpass objective.
D) In view of the potential 2010 legislative benefits and the need to pursue overpass
construction funds, staff recommends approval of the proposed agreement.
4(d)
CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell
Governmental Affairs (hereinafter referred to as "Consultant"), upon the following terms and
conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and
Consultant will do and produce such other things as are set forth in the Scope of Work (the
"Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules,
orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered
Services in accordance with the specific terms set forth in Attachment "A."
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as
set forth in Attachment "A."
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A," unless earlier
terminated by mutual agreement. The City of Pasco or consultant may terminate consultant services
for convenience at any time prior to the termination date set forth in Attachment A, provided that
either party provides 30-days notice.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or its
nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish
or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower
consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for
paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor
permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and
hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising
directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce
liability of Consultant, and/or that of any pennitt:ed employee or subcontract or Consultant,
pertaining to the Services hereunder.
1. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be
binding upon and inure to the benefit of the parties' heirs, and successors.
J. Governing Law; Severability.This Agreement shall be governed by the laws of the State of
Washington, U.S.A. (excluding conflict of laws provisions). if any term or provision of this
Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction
hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability
of any remaining terms or provisions of this Agreement, and the court shall, so far as possible,
construe the invalid portion to implement the original intent thereof.
K. Arbitration. Any dispute between the parties related to or arising out of the subject matter of
this Agreement shall be resolved exclusively through binding arbitration under the Commercial
Arbitration Rules of the American Arbitration Association in Washington State.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any prior
agreements or understandings pertaining thereto, Any modification to this Agreement must be made
in writing and signed by authorized representatives of both parties. Any provision hereof which may
be reasonably deemed to survive the expiration or termination of this Agreement shall so survive,
and remain in continuing effect. No delay or failure in exercising any right hereunder shall be
deemed to constitute a waiver of any right granted hereunder or at law by either party.
Consultant: City of Pasco:
Gordon Thomas Honeywell
Governmental Affairs
Tim Schellberg, President Gary Crutchfield, City Manager
Date: Date-
2009-2010 Legislative Services Agreement
Page 2
ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work: Consultant shall provide the City of Pasco with the following
governmental affairs services:
General Washington State Legislative Services
• Identify and track all relevant legislation
• During the legislative session, provide the City with weekly reports and tracking
lists.
• Attend all relevant legislative hearings.
• Attend all relevant legislative meetings.
• Coordinate City officials to testify at relevant legislative hearings.
• Lobby to amend, defeat or pass legislation or budgets that directly affect the
City's interests.
• Strengthen relevant legislative relationships between the City, state legislators,
and executive offices.
• Work with the City to develop a state budget request and lobby the Legislature to
fund the request.
Specific Legislative Issues:
• Draft, introduce, and lobby, in concert with other affected lobbyists, legislation
amending the regional public facility district authority for the Tri-cities.
• Oppose legislation that hinders City's rental inspection program.
• Work with the Association of Washington Cities on other municipal legislation,
including brokered natural gas, urban development standards, etc.
• Begin lobbying on selected 2011 Budget requests during the legislative interim.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of
$3,000 for the services listed above. Consultant shall only bill communication expenses,
such as travel to Pasco. The expenses shall not exceed 53,000 for the term of the
contract.
C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after City's receipt and verification of
invoices.
D. Term of Agreement: Consultant's services shall commence on November 1, 2009 and
shall terminate on June 30, 2010.
E. Extension of Prior Agreement: That Agreement between City and Consultant fixed to
expire on .Tune 30, 2009 is hereby extended in all respects so as to expire on October 31,
2009.
2009-2010 Legislative Services Agreement
Page 3