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