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HomeMy WebLinkAbout2010.10.11 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 P.M. October 11, 2010 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Engineering Division Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Michael McShane, City Engineer. (b) Preyualification for Public Works Construction: 1. Agenda Report from Stan Strebel,Deputy City Manager dated September 24,2010. 2. Draft Ordinance, (c) Delayed Street Improvements: 1• Agenda Report from Rick White, Community & Economic Development Director dated October 5, 2010. 2. PMC Chapter 12.36, Including the Proposed New Section(12.36.085). (d) Sole Source Purchase for Martin Luther King Center HVAC Components: 1. Agenda Report from Rick Terway, Administrative &, Community Services Director dated October 7, 2010, 2. Proposed Resolution. 3. Memo dated 9/30/10 from Lee Kerr, City Attorney. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION. (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 6:00 p.m., Monday, October ll, Conference Room #1 — Old Fire Pension Board Meeting, (COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 2. 7:30 a.m., Tuesday, October 12, Pasco High School — DECA Breakfast. (MAYOR MATT WATKINS) 3. 10:00 a.m., 'Tuesday, October 12, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 4. 9:15 a.m,, Thursday, October 14, Benton PUD, 2721 W. 10`h, Kennewick—Columbia.River Crossing Study, Steering Committee Meeting. (COUNCILMEMBER BOB HOFFMANN) 5. 3:00 p.m., Thursday, October 14, 1000 Columbia Park Trail — Ben-Franklin Transit Dedication Ceremony. (MAYOR MATT WATKINS) 6. 4:00 p•m., Thursday, October 14, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MAKE GARRISON and TONI LARSEN, Reps,; MAYOR MATT WATKINS and COUNCILMEMBER SAUL MARTINEZ,Alts.) 7. 4:00 p.m., Thursday, October 14, Port of Benton—Hanford Area Economic Investment Fund Special Committee Meeting. (COUNCILMEMBF.R AL YENNEY, Rep,; SAUL MARTINEZ, Alt.) 8. 6:00 p.m., Thursday, October 14, Pasco Red Lion — Association of Washington Cities Regional Meeting. (MAYOR MATT WATKINS, COUNCILMEMBERS REBECCA FRANCIK; BOB HOFFMANN. TOM LARSEN, SAUL MARTINEZ and AL YENNEY) 9. 11:30 a.m., Friday, October 15, Sandberg Event. Center — Benton-Franklin Council of Goverrunents Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCM, Alt.) AGENDA REPORT r, 1. FOR: City Council September 24, 2010 TO. Gary Crutchfiel� " anager Workshop Mtg.: 10/11/10 Regular Mtg.: 10/18/10 FROM: Stan Strebel, D uty City Manager SUBJECT: Prequalification for Public Works Construction I. REFERENCE(S): I. Draft Ordinance 11, ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/11: Discussion 10/18: MOTION: I move to adopt Ordinance No. , amending Chapter 14.10 of the Pasco Municipal Code regarding Prequalifieation for Public Works Construction and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) kart of the process in assuring the quality of constriction, which will eventually become maintenance responsibility of the city (public works construction), is prequalitying contractors, by experience and capacity, to do such work. The city currently prequalifies for work in excess of $300,000 in cost and has an abbreviated process for work of less than $300,000• Staff has identified yet a more simple prequalification process for sidewalk work of less than $300,000. B) Due to limited technical issues for proper sidewalk installation, staff feels that a less restrictive prequalification process can be successfully utilized. Adopting the limited process will allow some smaller contractors greater opportunity to do sidewalk work in the city. Approval of the attached ordinance will authorize the limited prequalification process for sidewalk work estimated at less than $300,000. V. DISCUSSION: A) Staff recommends Council approval of the attached Ordinance. 4(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Chapter 14.10 of the Pasco Municipal Code entitled "Qualification for Public Works Construction"; and adding a new Section 14.10.025 "Limited Prequalification Requirement." WHEREAS, the City of Pasco requires that contractors be qualified to perform public works construction; and WHEREAS, the City Council has detennined that it is necessary and desirable to amend its regulation concerning prequalification of contractors; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 14.10.010 entitled "Bidder Responsibility and Qualification for Public Works Construction" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 14.10.010 BIDDER RESPONSIBILTY AND QUALIFICATION FOR PUBLIC WORKS CONSTRUCTION. A) Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder eligible to be awarded a public works contract. The bidder must: 1) At the time of the bid submittal, have a certificate of contractor registration in compliance with Chapter 1827 RCW. 2) Have a current state unified business identifier number. 3) If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required by Title 51 RCW; an employment security department number as required by Title 50 RCW; and a state excise tax registration number as required by Title 82 RCW. 4) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065 (3). B) Upon determination by the Public Works Director that unique or specialized skills are necessary for the construction of a public works project in compliance with the specifications and standards for such project as adopted by the City, additional supplemental bidding criteria may be required for determination of a responsible bidder for that project. Such supplemental criteria shall: 1) Demonstrate successful experience of at least two public works projects of the same nature and cost within the prior five (5) years. 2) S42i -Demonstrate successful coiWletion of a public works project of the same nature and character of the proposed project including, but not limited, to similar size and quantities, occupancy, staged-construction, continued use or accessibility during construction, or specialized construction techniques or processes 3) Demonstrate sufficient financial capacity to fulfill the contract. 4}--C)Supplemental criteria, the basis for evaluation, and appeal periods shall be provided in the invitation to bid or bidding documents, elf the bidder fails to supply infonnation requested et7ynccruilly tht-q,for determining responsibility within the time and manner specified in the bid documents, the City may base its determination of responsibility upon any available information related to the supplemental criteria, or may find the bidder not responsible. 6)-1DLIn the event the City determines the bidder not to be responsible, the City must provide in writing the reasons for the determination and provide the bidder an administrative appeal of the determination within the period specified within the bidding documents. (Ord. 3885, 2008). Section 2. That Section 14.10.020 entitled "Prequalification" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 14.10.020 PREQUALIFICATION. A) It has been determined that the infrastructure improvements of the essential services providing transportational access, water, irrigation, storm water and sewer utilities, requires sufficient qualifications to provide for the health, safety and welfare of the citizens of the City. Every person or entity intending to bid and perform any construction,modification, extension or improvement affecting directly or indirectly any City utility or street infrastructure elements, including, but not limited to, streets, sidewalks (see exception for limited prequalification below), structures, sewer lines, water lines, storm drainage lines, irrigation lines, or appurtenances thereto, either by public works contract or by private development, shall prequalify for the performance of such work demonstrating that they pessee possess the financial and technical ability, resources and experience to perform the work in accordance with the standards and specifications adopted by the City. Public works proposal forms shall only be issued to prequalified contractors. Contractors may qualify for public works contracts having an estimated contract price of less than 5300,000 by submission of a limited prequalification questionnaire (short form) with at least two (2) years demonstrated experience; and/or public works contracts having an estimated cost in excess of $300,000 by submission of the prequalification questionnaire (long form). The applicant may apply for prequalification in any or all of the following project categories: 1) Clearing, grubbing, grading and drainage. 2) Production and placing of crushed materials. 3) Bituminous surface treatment. 4) Asphalt concrete paving. 5) Cement concrete paving. 6) Street striping. 7) Traffic signals. 8) Street lights. 9) Water pipeline (up to 12 inches). 10) Water pipeline (greater than 12 inches). 11) Storm water facilities. 12) Sewer pipeline (12 foot and shallower). 13:0 Sewer pipeline (greater than 12 feet in depth). 14) Sidewalks/curb and gutter. 15) Landscaping parks/irrigation. 16) Pump stations. B) The City shall determine eligibility upon consideration of 1) The documented ability, capacity and skill of the contractor of at least two public works projects of similar size, nature and cost within the preceding five (5) year period. The criteria for determination of lack of necessary experience, organization, of technical qualifications shall be those identified in WAC 468-16-070_ 2) Whether the contractor can perform promptly or within the time specified, without delay or interference. The criteria for determining the inability to comply with the performance schedule shall be as established by WAC 468-16-060. 3) The contractor's reputation, experience, and efficiency in performance and completion of similar public works projects. 4) The demonstrated quality of performance of previous public works projects by the contractor. The criteria for determination of unsatisfactory work performance shall be those identified in WAC 468-16-040. 5) The previous and existing compliances by the contractor with laws and ordinances relating to the contracts or services to be provided in the public works contract. 6) The demonstrated sufficiency of the financial resources to perform the contract which shall require a verified net worth of not less than the estimated cost of the public works project when multiplied by a factor of five. 7) Adequate bonding, and bonding history to demonstrate continuous uninterrupted bonding capacity. 8) The ability of the contractor to provide future maintenance and service for the work performed. 9) Satisfaction of all bidder responsibility requirements under PMC 14.10.010 (1) above. 10) Such other reasonable information as bears on integrity, judgment and skills of the contractor. The criteria for determination of an unsatisfactory record of integrity or judgment shall be based upon WAC 468-16-050_ (Ord. 3929, 2009; Ord. 3885, 2008; Ord. 3455 Sec. 1, 2000.) Section 3. That new Section 14.10.025 entitled "Limited Prequalification Requirement" of the Pasco Municipal Code is hereby added and shall read as follows: 14.10.025 LIMITED PRE QUALIFICATION REQUIREMENT. A person or emit intendinj4 to bid or perforn sidewalk work only may be prequalified for public works sidewalk contracts having an estimated contract price of less than $300,000 upon satisfaction of one of the following: A) Demonstration of at least one (1) year experience as a sidewalk installer, or B Demonstrate sidewalk installation experience of at least three 3 times the lineal footage of sidewalk as is proposed forbid or installation o_r Q_ Post a performance bond (on such form as is acceptable to the City) or cash deposit equal to 150%of the City Engineer's estimate for the proposed sidewalk work. Section 4. That Section 14.10.030 entitled "Application Required" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 14.10.034 APPLICATION REQUIRED. The City shall, prior to furnishing any contractor desiring to bid upon any work affecting any City utility or street infrastructure element or for which a call for bid proposals has been published, with a contract proposal form, or any required application affecting the City utility services; texcept r 2 tads lk'de tr-i ri fi r for sidewalk construction or modification work under Section 14.10.0251, require from the contractor answers to questions contained in the standard form questionnaire and financial statement which shall include a complete statement of financial ability and experience of the contractor to perform work affecting the City utility infrastructure elements or other public works. The questionnaire and financial statement shall contain a statement verified by the applicant that the information contained thereon is truthful and accurate. Whenever the City is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the City determines that the contractor does not meet all of the requirements set forth in this section, it may refuse to furnish a contractor with a contract proposal form or reject any bid proposal submitted by the contractor, or deny any application effecting City utility or street infrastructure elements. Proof of current eligibility for bidding projects of the Washington State Department of Transportation, pursuant to RCW 47.28.070,maybe accepted by the City as compliance with this section. The City shall promptly determine and maintain a list of the responsible contractors eligible to perform services governed by this Chapter. Prequalification applications shall be reviewed every year and renewed every three (3) years with all information being updated including financial information, contract experience, bonding, and claims. (Ord. 3885, 2008; Ord, 3455 Sec_ 1, 2000.) Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of .2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council October 5, 2010 TO: Gary Crutchff anager Workshop Mtg.: 10/11/10 FROM: Rick White, Community& Economic Development Director e SUBJECT: Delayed Street Im rovemenls 1. REFERENCE(S): 1. Chapter 12.36 Pasco Municipal Code including the proposal new section (12.36.085), 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10111: DISCUSSION 111. FISCAL 11ti1PACT: IV. HISTORY AND FACTS BRIEF: A. Earlier this year, staff recommended that Crescent Road be improved to city standards and the cost recovered through the use of the latecomer agreement authorized by state law and city ordinance. After considerable deliberation, the City Couu.cil determined that improvement of the road was not timely, given the opposition of some of the property owners along the west side of the current deadend roadway and the uncertainty of when the farm circle on the east side of the roadway would be developed (the latecomer agreement would expire in 15 years from the time the street was constructed). B. One owner of property on the west side of the roadway desires to build a single family home. City code requires that the property owner install the share of public improvements necessary to serve the property in conjunction with construction of the home. Although this is normally done through a subdivision (before homes are built), the subject properties were divided in the county without application of those requirements. Consequently, the city must require the improvements in conjunction with the home construction. The cost of extending the street improvement the distance necessary to connect with the existing city-standard improvement (on the north side of the- property) is reasonably considered burdensome for a single property owner. Thus, the requirement effectively results in the practical delay of the home construction until such time as the road is improved by the city through some standard financing mearis (LID or latecomer agreement). C. At the Council Workshop of August 23, 2010, Council considered establishing a limited waiver process that would provide for situations similar to the Crescent Road example described above. Council was in favor of receiving additional information and clarification on efforts to provide an alternative to providing full coucurrency in specific circumstances. D. The alternative now proposed is similar to that considered by Council at the 8/23 Workshop, but eliminates the waiver and establishes criteria for inclusion of a street in the C1P. V. DISCUSSION: A. The dilemma faced by the owner of the single property on Crescent Road is like that of several others in the community that own parcels lawfully platted under county rule but without the necessary street improvements to meet city standards. Indeed, the problem exists in some of the older plats in the eastern part of the city approved in the early 19008; back then, lots were drawn out on paper and sold to individuals with absolutely no public improvements in place. A century later,the current owner is unable to build a home on the lot because there is no street or utilities extended to it. B. Any option, other than au LID or a latecomer agreement, that would relieve the difficulty of the requirement, iS considered an "exaction." Exactions are controlled through State law and there are few opportunities to develop a process that provides a great degree of flexibility. State law and (tie courts are consistent in generalizing almost all such development exactions as "impact fees"—necessitating their use within 6 years. 4(c) C. An altemative may be to allow for delay of immediate street improvements upon.payment by a permittee of their fair share of costs and the inclusion of the street in the CIP Upon Council's decision that it meets certain criteria. D. Criteria for Council's consideration of placing a street on the CIP could include: • The cost of constructing the entire improvement creates a disproportionate burden upon the requesting property ow►ier; • The required improvement is necessary for beneficial use of the property; • The improvements would Benefit more than the requesting property owner; • The improvement is on a collector, minor or principle arterial; • The required improvements are unlikely to be funded through other means within the CIP 6 year timefranie; and • The City has a reasonable expectation to recoup most or all of the costs of constructing the improvement within the life of the latecomer agreement. E. Council consideration of the CIP occurs yearly. The CIP is a legislative decision that contributes to sound fiscal and growth management. Use of the CIP in this manner would require a deliberate decision by Council, as it would make some projects a "commitment," rather than a "wish list." F. Application of this alternative may include one of the following scenarios: • The property owner applies for a building permit and is required to meet concurrency (construct necessary street improvements); • The property owner petitions Council to include the portion of the street needed to meet concurrency in the CIP based on his belief that the above criteria apply to hiti circumstance; • Council elects to include the street segment on the CIP (essentially providing a commitment for financing); • Based on the inclusion of the street in the CIP, the property owner pays their proportionate share of street improvements and obtains a building permit: • The improvements are constructed by the City within 6 years, using one or more sources Of funding(irnpact fees,grar►ts, capital improvement monies...); • The City then establishes a Latecomers Agreement to recover a portion of the costs. • The Latecomers .Agreement is in place for a 15 year period and the City recovers some portion or perhaps all of the fiords expended for construction of the improvement. Or: • The property owner applies for a building permit and is required to meet concurrency (construct necessary street improvements); • The property owner petitions Council to include the portion of the street needed to meet concurrency in the CIP based on his belief that. the above criteria apply to h.is circumstance; • Council determines that the street segment does not merit inclusion in the CIP based on the criteria. This leaves the property owner responsible for meeting concurrency— regardless of the costs. • The property owner withdraws his application for a building permit or makes the required street improvements and establishes a private Latecomer Agreement. Through the term of the 15 year Agreement, the property owner recovers some portion or perhaps all of the funds expended for construction of the improvement. CHAPTER 12.36 CONCURRENCY Sections: 12.36.010 PURPOSE ....................................................................................... ..............38 12.36.020 DEFINITIONS................................................................................................38 12.36.030 APPLICABILITY...........................................................................................39 12.36.040 EXEMPTIONS ...............................................................................................39 12.36.050 CONCURRENCY DEVELOPMENT STANDARDS...................................40 12.36.060 LEVEL. OF SERVICE ESTABLISHED........................................................40 12,36,070 CONCURRENCY REVIEW PROCESS .......................................................40 12.36.080 MINIMUM REQUIREMENTS FOR CONCURRENCY .............................41 12.36.085 EXCFPTIONS .............................................................. ...............41 12.36.090 DETERMINATION OF CONCURRENCY ..................................................41 12.36.100 MONITORING CONCURRENCY................................................................41 12.36.110 SEVT-RABILITY............................................................................................41 12.36.010 PURPOSE. The purpose of this chapter is to implement [lie concurrency provisions of the State Ch-owth Management Act as required by RCW 36.70A. 070. The intent of this Chapter is to ensure that the City's transportation and utility systems will be adequate to serve current and ftiture development, without causing the level of service to decline below the standards established in the Comprehensive Plan. 12.36.020 DEFINITIONS. Except as specifically defined in this Chapter or elsewhere in the Pasco Municipal Code, all words shall carry their customary meaning. (1) Adequate — means transportation or utility facilities meet or exceed the City's level of service as established in the Comprehensive Plan and or the Comprehensive Water and Sewer Plan. (2) Capacity for Transportation — means the maximum number of vehicles that can be accommodated during a specific travel period at a specific level of service. (3) Capacity for Utilities — means the number of equivalent residential units that can be accommodated by the water and sewer system. (4) Completion of Development — means that a certificate of occupancy, Or other formal approval has been issued by the city authorizing occupancy and/or the use of a development. (5) Concurrent — .means physical improvements or transportation and utility strategies are in place at the completion of development, or the financial commitment is in place to complete the needed improvements or strategies within six years. (6) Development Activities — niea-Ds any construction or reconstruction that expands a building,g, platting or any use of real property which requires review, approval and/or permitting by the city. (7) Financial Commitment — means revenue designated in the most currently adopted Transportation Improvement Plan for transportation facilities or the most current adopted Capital Improvement Plan for utility facilities through a six year period or revenue that is assured by an applicant in a form approved by the city. (8) Incidental Resideiitial Pen-nit —means a permit for any activity other than the initial permit for the construction of a single family dwelling on a lot. (9) Transportation Facility — means arterial, collector and local streets maintained by the city and transit routes operated by the Ben Franklin.Transit Authority. (a) Existing transportation facilities— are those facilities in place at the time a concurrency test is applied. (b) Planned transportation facilities — are those facilities identified in the Comprehensive Plan and/or scheduled to be constructed as shown in the Six-year Street Improvement Program. (10) Utility Facility— means the water and sewer system maintained by the city. (a) Existing utility facilities — are those facilities in place at the time a concurrency test is applied. (b) Planned utility facilities — are those facilities identified in the Comprehensive 'Water and Sewer Plan and/or scheduled to be constructed as shown in the Six-year Capital Improvement Program. 12.36.030 APPLICABILITY. This chapter shall be applicable to all development activities except those listed under exemptions in Section 12.36.040. 12.36.040 EXEMPTIONS, Unless otherwise provided, the following development activities shall not require a concurrency evaluation or the payment of a traffic impact fee: Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats, incidental residential permits, sign permits, tenant improvements and remodels that do not result in the expansion of existing buildings. Small developments with 6 lots or less located east of 20th Avenue will be exempt from transportation cotncurrency (street and sidewalk improvements) provided such development has been granted a wavier approved by the Public Works Director. Said waiver shall be subject to the property owner recording an agreement approved by the Public Works Director specifying a time frame for completion of street and sidewalk improvements and or the agreement to participate in a future local improvement district for the completion of the necessary improvements. 12.36.050 CONCURRENCY DEVELOPMENT STANDARDS. All development activities, exempt or non-exempt, are subject to the following Development Standards: A. STP-EET IMPROVEMENTS. (1) Right-of-way improvements shall be required at the time adjoining property is developed and shall be required on all property. As a minimum, a three- quarter (3/4) street standard will be required if the property being developed only fronts on one side of the street. (2) Adequate and proper right-of-way improvements shall include curb, gutter; sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. All such improvements shall be approved by the City prior to construction and acceptance. The three-quarter (3/4) street standard shall include curb, gutter, and sidewalk on the developed side and a minimum of two complete traffic lanes. (3) The developer of real property shall be responsible for installing the required improvements within the respective half of right-of-way width abutting the real property being developed, provided such improvements consist of at least two (2)traffic lanes. (4) Minimum sidewalk widths, not including the six-inch curb, shall not be less than the following: (1) Residential Zones— four and a half(4.5) feet; (2) Conunercial Zones—six and a half(6.5) feet. (5) Curbs, gutters, sidewalks and street lights are not required in RS-12 or RS-20 residential zones, but may be installed at the option of the developer. B. UTILITY IMPROVEMENTS. Water and sewer improvements shall be required at the time adjoining property is developed and shall be required on all property. Water and sewer utilities shall be extended through the length of the property being developed. The design and construction of water and sewer utilities shall conform to the construction standards as prepared by the City Engineer. 12.36.060 LEVEL OF SERVICE ESTABLISHED. The Level of Service for Transportation and Utility Facilities adopted in the Comprehensive Plan is hereby established as a guide for concurrency reviews. 12.36.070 CONCURRENCY REVIEW PROCESS. A concurrency review shall be required for all development activity as noted in Section 12.36.030 and for all subdivision proposals. No separate application shall be required. The concurrency review shall be included as a part of the City's standard Development Rcview Process or preliminary plat review process. In order for a development proposal to be considered for concurrency review, applications for building permits must contain all site plans, civil plans and permit data required Linder the building permit application process. All applications for subdivision, including short plats and binding site plans, approval must contain the required information in Title 26. The City may require the additional submittal of a traffic analysis or traffic impact study for both building permit and subdivision review to assist with a concurrency review. 12.36.080 MINIMUM REQUIREMENTS FOR CONCURRENCY. To obtain a concurrency approval based on meeting minimum required levels of service for transportation facilities, item "A" through"C" must be satisfied along with one item from "D" through "F": A. Adequate adjoining street improvements exist or will be available at the completion of development meeting the standards of Section 12.36.050; and, B. Adequate adjoining water and sewer improvements exist or will be available at the completion of development meeting the standards of Section 12.36.050; and, C. The development activities to be permitted will contribute a pro rata share of the cost of traffic impacts through payment of traffic impact fees authorized in Chapter 3.132 and identified in Section 3.07.220 prior to the issuance of a permit. D. That necessary transportation facilities are included in the City's six-year street plan current at the time development activities are permitted; or, E. Provisions for transportation facilities are guaranteed in a development agreement entered into by the developer and the City. The agreement must guarantee that the necessary transportation facilities will be in place within six years of the time that the first development activities are permitted; or, F. The necessary transportation facilities (arterial, collector streets, street signals) are or will be in place at the completion of development. 12.36.085 EXCEPTIONS. The requirement under Section 12.36.080A for adjoining street improvements may be satisfied to accommodate a dwelling on a lot Previously platted provided the subject street improvement is on a collector, minor or principle arterial, is included within the City's 6-year Capital Improvement Plan and the permittee pays t e t)roportionate share of the planned street improvement to the city in conjunction with the building;permit. l 2.36.090 DETERMINATION OF CONCURRENCY. A. Generally. Prior to issuance of a development pennit the City shall place a written detenmination of concurrency in the review .file of each non-exempt developrricnt activity. A determination of concurrency can not be transferred to another development activity. B. Short Plats and Binding Site Plans. The issuance of a written determination of concurrency for short plats and binding site plans will require short plats and binding site plans to contain a note stating that at the time lots are developed all abutting streets and utilities shall be improved to City standards as directed by the City Engineer. 12.36.100 MONITORING CONCURRENCY. The City shall monitor the cumulative impacts of new development by taking periodic traffic counts on selected streets. The City may also undertake periodic studies to assess the overall circulation system and or utility system within the City for compliance with the adopted level of service standard. 12.36.110 SEVERABILITY. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 3821, 2007). AGENDA REPORT FOR: City Council 10/7/2010 TO: Gary Crutchii. Manager Workshop Mtg.: 10/11/2010 Regular Mtg.: 10/18/2010 FROM: Rick Terway, Director, Administrativ ity Services SUBJECT: Sole Source Purchase for Martin Luther King Center HVAC Components I. REFERENCE(S): 1. Proposed Resolution 2. Memo dated 9/30/2010 from Lee Kerr, City Attorney IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/11: Discussion 10/18: MOTION: I move to approve Resolution No. waiving competitive bidding requirements for the purchase of replacing HVAC components for Martin Luther King Community Center and authorizing purchase. III. FISCAL IMPACT: CDBG Funds IV. HISTORY AND FACTS BRIEF: A) City is authorized by RCW 39.04.280 to waive competitive bidding for purchases that are limited to a single source of supply. B) The Martin Luther King Center has 6 HVAC units which were installed during the original construction in the mid 1970's. We recently replaced 2 of the failed units and a third one has failed and is shut down. The remaining three units are in very poor condition and could fail at any time. It is more cost effective to replace all the remaining units at one time. V. DISCUSSION: A) These HVAC. units are part of the city wide central control system and it requires that the same equipment be used to keep the system operating. The sole provider of this equipment in our area is Apollo Sheet Metal Inc. B) Attached is a memorandum from the City Attorney with a detailed explanation of the sole source process. The RCW requires council passing a resolution authorizing the purchase. C) Staff recommends passage of the attached resolution authorizing purchase and installation of the HVAC units. 4(d) RESOLUTION NO. A RESOLUTION waiving competitive bidding requirements for the purchase of replacing HVAC components for the Martin Luther King Community Center; and authorizing purchase. WHEREAS,the City is authorized by RCW 39.04.280 to waive competitive bidding for purchases that are clearly and legitimately limited to a single source of supply; and WHEREAS, the City placed into service at the Martin Luther King Community Center the existing HVAC system which serves the facility for primary heating and cooling; and WHEREAS,the HVAC system used is Alerton Controls & Carrier HVAC units and the immediate replacement of components is necessary to provide heating for the upcoming winter season: and WHEREAS,the sole supplier of the HVAC components is Apollo Sheet Metal Inc,; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The City Council does hereby declare that the purchase of the HVAC components for the Martin Luther King Community Center is clearly and legitimately limited to a single source of supply, and that sole source of supply is Apollo Sheet Metal Inc. Section 2. The competitive bidding requirements for the City of Pasco are, hereby, waived, and the Pasco Administrative and Community Services Department is authorized to purchase from Apollo Sheet Metal Inc. the replacement HVAC components for utilization at the Martin Luther King Community Center in the sum of$ 53,569.00, plus applicable sales tax. Section 3. The City Manager is hereby authorized to execute all documents necessary and appropriate to consummate the purchase approved herein. PASSED by the City Council of the City of Pasco, Washington, this day of ,2010. CITY OF PASCO: Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney KERR LAW GROUP 7025 West Grandridge Blvd., Suite A RECEIVED Kennewick, Washington 99336-7724 (509) 735-1542 CIC i 4 Zfll MEMORANDUM AOMiN, &Comm. 5�,-RV10ES TO: Rick Terway, Director Administrative & Community Services City of Pasco FROM: Leland B. Kerr Attorney-at-La DATE: September 30,2010 RE: Sole Source Contract for HVAC Replacement Components for the Martin Luther King Community Center The question was asked is whether the replacement components for the HVAC system at the Martin Luther King Community Center needs to be competitively bid, and if there are any additional .requirements as a result of using Community Block Grant funding. RCW 39.04.280 provides the exceptions to municipal competitive bidding requirements for public works contracts and purchases. Competitive bidding procedures may be waived by Resolution of the City Council for purchases that are clearly and legitimately limited to a single source of supply. There have been several cases interpreting "sole source" purchasing. The primary concern is benefit and protection of the public. There must be a bonafide basis for determination there is but a single source of supply. In the case at hand, the replacement components for the HVAC system must be compatible with the HVAC major elements of the system. It appears in this case, since there are no reasonably available alternate components that will work with this system and the only other alternative will be literally the replacement of the entire system, this. would qualify as a clear and legitimate single source of supply. As indicated above, specific findings will be included in the Resolution authorizing the contract, The City, as an alternative to the Resolution authorizing the contract, may adopt written policies that authorize waiving of the competitive bidding requirements. The criteria must be established and the ultimate contract and the factual basis for the exception must then be recorded and open to public inspection immediately after the contract is awarded. Rick Terway September 30, 2010 Page 2 While a purchasing procedure is presently being considered, it has not yet been adopted. Therefore, the Resolution method would not be necessary. The use of Community Block Grant funds does not change the statutory requirements for the sole source exemption. Likewise, other than documenting the justification for the sole source determination, there is nothing that prevents nor limits the use of a sole source contract. As indicated above, documentation is important. If you have any other questions or concerns in this regard, please do not hesitate to give me a call. LBK/sla