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HomeMy WebLinkAbout2011.09.19 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. September 19, 2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. if farther discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated September 6, 2011. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of 5923,012.85 ($82,726.16 in the form of Electronic Fund Transfer Nos. 7121, 7165-7167, 7186, 7190 and 7201; and $840,286.69 in the form of Wire Transfer Nos. 1120, 1123 and 1124; and Claim Warrants numbered 184055 through 184245). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts. miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$256,891.35 and, of that amount, authorize $179,203.60 be turned over for collection. (c) Comprehensive Sewer Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated August 24, 2011. 2. Professional Services Agreement. To approve the Professional Services Agreement with Murray, Smith and Associates, Inc., authorizing professional services with respect to the Comprehensive Sewer Plan, not to exceed $449,936.00 and, further,authorize the Mayor to sign the agreement. (d) Northwest Commons Lift Station Design: 1. Agenda Report from A],mad Qayourni,Public Works Director dated September 8, 2011. 2. Professional Services Agreement_ 3. Vicinity Map. To approve the Professional Services Agreement with CH2MHill Engineers, Inc., authorizing consulting services with respect to the Northwest Commons Lift Station Design, not to exceed $64,500 and. further, authorize the City Manager to sign the agreement after receipt of the developer's reimbursement agreement. *(e) Right-of--Way Dedication for a Portion of Clara Street(MF#DEED2011-003); 1. Agenda Report from David I.McDonald, City Planner dated September 12,2011. 2. Overview Map. 3. Vicinity Map. 4. Right-of-Way Dedication Deed. To accept the deed from Joseph and Julie Roach for a portion of the Clara Street right-of-way. *(f) Final Plat(MT#FP2011-008)Ranger Heights (Basswood LLC): 1. Agenda Report from David I.McDonald, City Planner dated September 12, 2011. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at littt)://www.y asco-wa.gov/citycouncilrepoits). To approve the final plat for Ranger Heights. (g) Resolution No. 3341, a Resolution approving Federal NSP Work Plan AJlocalion for Program Year 2012. 1. Agenda.Report from Angela Pitman,Block Grant Administrator dated September 1, 2011. 2. Proposed Resolution. 3. Totals of NSP Funds 2010. To approve Resolution No. 3341, approving the City's 2012 NSP Allocations and Annual Work Plan. Regular Meeting 2 September 19,2011 (h) Resolution No. 3342, a Resolution amending the 2010 Federal HOME Investment Paitnerships Grant Annual Work Plan Allocation, 1. Agenda Report from Angela Pitman, Block Grant Administrator dated September 2, 2011. 2. Resolution amending 2010 HOME Allocations and Annual Work Plan. To approve Resolution No. 3342, amending 2010 HOME Annual Work Plan Allocations. (i) Resolution No. 3343, a Resolution of the City Council of the City of Pasco, Washington supporting Housc Rill 2124 and Senate Bill 5964 which narrow the requirement for utilities to purcl-kise eligible renewable energy resources or credits when not needed to serve customer loads. 1. Agenda Report from Stan Strebel,Deputy City Manager dated August 31,2011, 2. Background Papers on HB 2124 and SB 5964. 3. Proposed Resolution. To approve Resolution No. 3343, supporting legislation narrowing the requirement for utilities to purchase renewable energy resources or credits when not needed to serve customer loads. (j) Resolution No. 3344, a Resolution amending the 2011 Federal CDBG Annual Work Plan and Allocations. 1. Agenda Report from Angela Pitman,Block Grant Administrator dated September 1,2011. 2. 2011 CDBG Fund Summary and Proposal Summary, August 18, 2011. 3. Resolution Amending 2011 Annual Work Plan and Allocations. To approve Resolution No. 3344,amending the CDBG Annual Work Plan and Allocations. (k) Resolution No. 3345, a Resolution declaring the city's legislative priorities for the 2012 session of the Washington State Legislature. 1. Agenda Report from Gary Crutchfield, City Manager dated September 14,2011. 2. 2011 Legislative Priorities_ 3. Resolution. To approve Resolution No, 3345, declaring the city's legislative priorities for the 2012 session of the Washing State Legislature. (RC) MOTION: I ar ovu w a M— iruy5 : the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS- OTHER THAN AGENDA ITEMS. (a) (b) (c) 6. REPORTS FROM COMMI11EES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through August 2011. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (None) 9. UNFINISHED BUSINESS: (None) Regular Meeting 3 September 19, 2011 10. NEW BUSINESS: (a) Franklin County Affordable Housing Interlocal Agreement (NTF#AGRATT2011-012): 1. Agenda Report from Rick White, Community & Economic Development Director dated September 1, 2011. 2, July 15, 2011 letter from Benton Franklin Counties Department of Human Services, Franklin County Affordable Housing Interlocal Agreement. 3. Draft Interlocal Cooperation Agreement and Bylaws. MOTION. I move: 1.o approvc the Interlocal Cooperation Agreement with Franklin County. C omiell, Mesa and Kahlotus for the purpose of administering 1 2060 generated surcharge funds for housing prog3 ins and, turaier. aztthorize the Mayor m sign the agmement, 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll CaII Vote Required item not previously discussed MF# "Master File #...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, September 19, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 7;30 a.m., Thursday, September 22, 7130 W. Grandridge Blvd —Tri-Cities Visitor & Convention Bureau Board Meeting. (COLTNULMEMBER MIKE GARRISON, Rep,; TOM LARSEN, Alt,) 3. 4:00 p.m., Thursday, September 22, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.) 4. 5:30 p.m., Thursday, September 22, 710 W. Court Street -- Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) MINUTES RFGtJT,AR MFETTNG PASCO CITY COUNCIL SEPTEMBER 6, 2011 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Franeik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Jim Raymond, Acting Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated August 15, 2011. Minutes of the Special Pasco City Council Meeting dated August 22, 2011. (h) Bills and Communications: To approve General Claims in the amount of$2,200,378.42 ($287,919.21 in the form of Electronic Fund Transfer Nos. 6992, 7063 and 7103; and $1,912,459.21 in the form of Wire Transfer Nos. 1109, 1110, 1114 and 1119; and Claim Warrants numbered 183787 through 184054). To approve Payroll Claims in the amount of$2,091,096.10, Voucher Nos, 43102 through 43309 and 80060000 through 80060009; and EFT Deposit Nos. 30046511 through 30047086. (c) Lewis Street Land Acquisition/Relocation Services: To authorize an amendment to the Agreement with HDR Engineering for Lewis Street Acquisition and Relocation Professional Services, increasing the fee payable to (not to exceed) $508,000 and, further, authorize the City Manager to execute the Amendment. (d) Franklin County Master Mutual Aid Agreement: To approve the City's participation in the Franklin County Master Mutual Aid Agreement and, further, authorize the City Manager to execute the document. Removed from Consent Agenda and moved to Item 10(e). (e) Bargaining Contract for Code Enforcement Officers and Permit Technicians: To approve the Collective Bargaining Agreement with the IUOE, Local 280, Code Enforcement Officers and Permit Technicians for years 2011-2012 and, further, authorize the Mayor to sign the agreement. (f) Resolution No, 3335, a Resolution approving Federal HOME Work Plan Allocation for Program Year 2012. To approve Resolution No. 3335, approving the City's 2012 HOME Annual Work Plan Allocation. MOTION: Ms. Francik moved to approve the Consent Agenda as amended, Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 3(a). 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 2011 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for August 2011 "Yard of the Month"to: Maria Soriano, 611 N. Cedar Avenue Maria MLMiz, 1520 W. Agate Street Andy and Dianne Sanderson, 6312 Camden Drive Van and Donna Snyder, 7607 Estevan Drive Mayor Watkins presented a Certificate of Appreciation for August 2011 "Business of the Month Appearance Award" to: Inca Auto Sales, 1205 S. 10th Avenue Mayor Watkins acknowledged the award of AWC's Advanced Certificate of Municipal Leadership to Councilmembers Yenney and Larsen. REPORTS FROM COMMITTEES ANDIOR OFFICERS: Mr. Martinez reported on the Parks & Recreation Advisory Council Meeting. Mr. Yenney explained the requirements of AWC's Advanced Certificate of Municipal Leadership. Mr. Garrison, along with other Councilmembers, attended Police Chief Denis Austin's retirement gathering and the welcome gathering for incoming Police Chief Bob Metzger. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (MF# VAC2011-005) A Portion of California Avenue (Domingo Navarro). Council and staff discussed the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HF.ARTNG CLOSED. Ordinance No. 4020, an Ordinance vacating a portion of California Avenue. MOTION: Ms. Franc:ik moved to adopt Ordinance No. 4020, vacating a portion of California Avenue and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Code Amendment: (MF# CA2011-002) PMC 25.48 Auto Body Shops as an Accessory Use in the C-R (Regional Commercial) District. Mr. White explained the details of the proposed code amendment. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER TI IE PROPOSED CODE AMENDMENT. Mr. John Ramsey, owner of Broadmoor RV, encouraged Council to approve the amendment to accommodate his business expansion. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. 2 MINUTES REGULAR NIEETING PASCO CITY COUNCIL SEPTEMBER 6, 2011 MOTION; Ms. Francik moved to adopt the Findings as contained in the staff memo to the Planning Commission dated August 18, 2011. Mr. Garrison seconded. Motion carried unanimously. Ordinance No, 4021, an Ordinance relating to zoning and amending PMC Title 25 by including Auto Body Shops as a permitted accessory use in Chapter 25.48. MOTION; Ms. Francik moved to adopt Ordinance No. 4021, amending PMC Chapter 25.48 by including auto body shops as an accessory use within C-R (Regional Commercial) Districts and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 4022, an Ordinance of the City of Pasco, Washington, creating Section 3.0 7.075 "State and Federal Background Investigation Criminal History Check"; and Section 5.08.045 "State and Federal Background Investigation Criminal History Check"; amending Section 5.08.060 "Investigation-Character and Business Responsibility"; creating Section 5.12.018 "Criminal History Check"; amending Section 5.16A.040 "Investigation and Determination"; amending Section 5.25.040 "Dance Halls"; amending Section 5.25.050 "Public Dance"; amending Section 5.27.160 "Applicant Investigation-Adult Entertainment Facility"; amending Section 5.27.170 "Applicant Investigation-Manager Wait Person and Entertainer"; and amending Section 5.45.110 "Driver's Permit-Requirements." MOTION: Ms. Francik moved to adopt Ordinance No. 4022, amending the Pasco Municipal Code regarding state and federal and criminal background checks and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4023, an Ordinance repealing Chapter 1.08 "Elections" of the Pasco Municipal Code. MOTION: Ms. Francik moved to adopt Ordinance No. 4023, repealing Chapter 1.08 of the Pasco Municipal Code and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3336, a Resolution approving the Capital Improvement Plan for Calendar Years 2012-2017. Council and staff discussed the details of the proposed CIP. MOTION; Ms. Francik moved to approve Resolution No. 3336, adopting the Capital Improvement Plan for fiscal years 2012-2017. Mr. Garrison seconded. Motion carried 5-2. No— Larsen, Hoffmann. Resolution No. 3337, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a Community Service Facility in an I-1 (Light Industrial) Zone. Mr. White explained the details of the Special Permit. MOTION: Ms. Francik moved to approve Resolution No. 3337, approving a Special Permit for the location of a Level Two Community Service Facility at 215 S, 6th Avenue (Tax Parcel 112060378). Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3338, a Resolution approving a Preliminary Plat for Columbia Villas. Council and staff discussed the Preliminary Plat process. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 2011 MOTION: Ms. Francik moved to approve Resolution No. 3338, approving the Preliminary Plat for Columbia Villas, Mir, Martinez seconded. Motion carried 6-1. No— Larsen. Resolution No. 3339, a Resolution approving Federal CDBG Annual Work Plan Allocation for Program Year 2012. Council and staff discussed the proposed plan. Carole Schuh, representing PowerZone located at 1202 W. Lewis St., encouraged Council to include service organizations in the allocation. MOTION: Ms. Francik moved to approve Resolution No, 3339, approving the City's 2012 CDBG Aruival Work Plan Allocation as recommended by city staff. Mr. Garrison seconded. MOTION: Mr. Larsen moved to table action on this item for 2 weeks to discuss the impact of Resolution No. 1969 at the next workshop meeting. Mr. Martinez seconded. Motion failed 3-4. No — Francik, Yenney, Garrison, Watkins. Original motion carried 4-3. No — Martinez, Hoffmann, Larsen. Council requested staff prepare an Agenda Report for discussion of Resolution No, 1969 at a future workshop meeting. Resolution No. 3340, a Resolution of the City of Pasco adopting findings in support of retention of the moratorium prohibiting medical cannabis collective gardens in all zoning districts within the city. MOTION: Ms. Francik moved to approve Resolution No. 3340, with a 12-month term, that adopts findings in support of retention of the moratorium prohibiting medical marijuana collective gardens in all zoning districts. Mr. Martinez seconded. Motion carried unanimously. NEW BUSINESS: 4th Avenue Corridor Enhancement Project (South): Council and staff discussed the proposed project. Mr. John Serle, President & CEO Lourdes Health Network, thanked Council for considering this plan for the safety and appearance of&" Avenue. :MOTION: Ms. Francik moved to approve the Professional Services Agreement with 14DJ Design Group authorizing survey, road design services with respect to the 4th Avenue Corridor Enhancement Project (South), not to exceed $39,465.00 and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried 5-2. No— Larsen, Hoffmann. "A" Street Water Line Repair, Project No. 1M4-11-60-WTR: Mr. Qayoumi explained the details of the project. MOTION: Ms. Francik moved to award the low bid for "A" Street Water Line Repair, Project No. M4-11-60-WTR to Michels Pipe Services in the amount of$121,265.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. 4 MINUTES REGULAR MEETING PASCO CITY COLINCIL SFPTF.MRER h, 2011 Ratification of Award of Quote for Lewis Street Underpass Coating Project No. M4- 1 1-60-STR: Mr, Qayoumi explained the details of the project. MOTION: Ms. Francik moved to ratify the contract award for the Lewis Street Underpass Coating, Project No, M4-11-60-STR. Mr. Garrison seconded. Motion carried unanimously. Ratification of Award of Bid for Sylvester Water Line Replacement Project No. C2- 11-19-WTR: MOTION: Ms. Francik moved to ratify the contract award for the Sylvester Water Line Replacement, Project No. C2-11-19-WTR, Mr. Garrison seconded. Motion carried unanimously. Franklin County Master Mutual Aid Agreement: MOTION: Ms, Francik moved to approve the City's participation in the Franklin County Master Mutual Aid Agreement and, further, authorize the City Manager to execute the document. Mr. Garrison seconded. Motion carried by the following Roll Call vote; Yes — Martinez, Watkins, Yenney, Francik, Garrison, Hoffmann, No— Larsen. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:32 p,m. for approximately 20 minutes to discuss litigation or potential litigation with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:49 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:49 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 19th day of September, 2011. 5 CITY OF PASCO Council Meeting of: September 19. 2011 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington W e undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the e ces rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligatio st the city and that we are authorized to authenticate and certify to said claim. Gary Cru Cit anag Dt� ele Mas , Finance Services Manager We,th undersigned City Coun ilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify on this 19th day of September,2011 that the merchandise or services hereinafter specified have been received; Check Numbers and 184055-184245 In The Amount Of; $840,286.69 Electronic Funds Transfers: '1'20, 1123, 1124 T, In The Amount Of: $82,726.16 Electronic Funds Transfers: 7121,7165-7167 (Journal Entries) 7186.7190,7201 Combined total of $923,012.85 Counciimember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 455.39 Judicial 15,040.04 Executive 3,854.25 Police _ 29,463.61r Fire - _ 6,810.06 Administration&Community Services 82,041.28 Community Development _ 4.782.78 Engineering 4,070.26 Non-Departmental 16,298.64 Liorary 1.219.33 TOTAL GENERAL FUND: 164,035,54 STREET 3,512.01 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 137,106.87 KING COMMUNITY CENTER 1,136.03 AMBULANCE SERVICE 1,142.56 CEMETERY 962.34 ATHLETIC PROGRAMS 0,00 GOLF COURSE 57.749.11 SENIOR CENTER OPERATING 2.7423-1 MULTI MODAL FACILITY 1,375,50 RIVERSHORE TRAIL&MARINA MAIN 947.83 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 830.51 TRAC DEVELOPMENT&OPERATING 0.00 PARKS 0.00 STADIUM/CONVENTION CENTER 0.00 GENERAL CAP PROJ CONSTRUCTION 113,225.04 WATER/SEWER 278,400.92 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 33,785.53 EQUIPMENT RENTAL-OPERATING BUSINESS 494.11 EQUIPMENT REN'T'AL- REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL- REPLACEMENT BUSINESS 3,916..67 MEDICAUDENTAL INSURANCE 73,392.77 CENTRAL STORES 0.00 OLD FIRE PENSION 0.00 PAYROLL CLEARING 47,718.811 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 0.00 TRI CITY ANIMAL CONTROL 538.39 SENIOR CENTER ASSOCIATION D.00 GRAND TOTAL ALL FUNDS: $ 923.012.85 3(b)a I AGENDA REPORT FOR: City Council DATE: September 14,2011 TO: Gary Crutchfielc nage REGULAR: September 19,2011 Rick Terway,Adn strative& clty Services Director FROM: Dunyele Mason)Financial Services Manager — SUBJE'CT: BAD DEBT WRITF-OFF'SiCOLLECTION. 1. REFERENCE,>� 1: Write-off and collection lists are on file in the Finance Department. 11., /ACTION REQUESTED OF COUNCIL�S`1Al;l- R,V'CO MENDAT10 S: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal., and parking) accounts receivable in the total amount of $256,891.35 and, of that amount, authorize$179,203,60 be turned over for collection. ill. HISTORY AND FACTS BRIEF: I. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties wliic.h are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10,00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MI,SCLLLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 ,00 .00 Ambulance $ 77,602.75 14,035,47 91,638.22 Court AIR $ .00 162,608,00 1621608.00 Code Enforcement $ 85.00 1,672.00 1,757.00 Cemetery $ .00 367.32 367.32 General $ .00 244.82 244.82 Miscellaneous $ .00 275.99 27599 TOTAL: $ 77,687.75 179,203.60 256,891.35 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 AGENDA REPORT NO. 08 FOR: City Council August 24, 2011 i TO: Gary Crutchfie anager FROM: Ahmad Qayoun;i, Public Works Director Workshop Mtg.: 09/12!2011 Regular Mtg.: 09119/2011 SUBJECT: Comprehensive Sewer Plan I. REFERENCE(S): I. Professional Services Agreement I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/12: Discussion 09/19: MOTION: I move to approve the Professional Services Agreement with Murray, Smith and Associates, Inc. authorizing professional services with respect to the Comprehensive Sewer Plan, not to exceed $449,936.00 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In April 2011, Staff sent a formal Request or Proposals (RFP) to six consulting firms and received 3 responses in June. City interviewed the top two consulting firms that met the criteria as outlined in the RFP and had the highest score. After extensive discussions and negotiations in July, the consultant selection team picked Murray, Smith and Associates, Inc., to assist the City of Pasco in the creation of a Comprehensive Sewer Plan. From July to August 2011 Staff has been negotiating the scope and budget. B) The Comprehensive Sewer Plan will provide a holistic approach to addressing the City's wastewater collection and treatment needs to meet flows, loads and regulatory demands now and for the foreseeable future. The Comprehensive Sewer Plan (Plan) is intended to meet the requirements of a General Sewer Plan and Facility PlanfEngineering Report per the Washington Administrative Code (WAC), and comply with the City's National Pollutant Discharge Elimination System (NPDES) Permit, requiring an approved Plan by October 1, 2012. C) The City originally built a primary treatment facility in 1954 and in 1970 it was upgraded to meet secondary treatment requirements. The most recent major upgrade was in 1998 to increase the capacity of the facility. Currently, the City is designing for improvements and optimizations of the plant. The plant currently experiences flows between I and 4 million gallons per day (MGD). D) Over the past 10 years, the City has seen significant growth which has resulted in increase flows in the collection system and at the WWTP. This growth, coupled with significant urban expansion since the last planning effort was completed, requires development of a Comprehensive Sewer Plan that reflects current conditions and growth projections. V. DISCUSSION: A) The selected consultant, Murray, Smith & Associates, Inc. will be responsible for evaluating and updating the City's Comprehensive Sewer Plan and incorporate the facility plan for the existing wastewater treatment facility into one comprehensive plan that provides a holistic approach to the City's collection and treatment facilities and Westside Waste Water Treatment Plant. 3(c) B) In addition to the comprehensive sewer plan, the consultant will assist the City to design a solution to the odor problem along a sewer line south of 1-182 and the area of Linda Loviisa neighborhood. C) The Comprehensive Sewer Plan will include the following items: Regulatory Requirements — Comply with all federal and state regulatory requirements, including WAC 173-240 and 40 CFR 35,719-1. • Design Capacity — Evaluate and analyze the City's sewer capacity and wastewater treatment plant capacity over the next twenty years. • Sewer Model Evaluate and select a sewer model for the City's system, completed as part of previous plans. • Complete an entire sewer system evaluation using the selected calibrated model. • Design Capacity — Evaluate and analyze the current and future WWTP facility's capacity over the next twenty years to meet the immediate and potential future NPDES pen-nit requirements, Facility Recommendations — Recommend operational and WWTP facility upgrades to meet compliance and capacity requirements over the next twenty years. If an additional treatment plant is needed based on the capacity of the conveyance system; provide a planning level design to approximately a"15% level' • Sewer System Facility Recommendations — Recommend operational and potential upgrades to the sewer system to meet current and future compliance requirements and growth over the next twenty years. • Biosolids — Complete an analysis of the City's Biosolids program over the next twenty years to meet compliance and capacity requirements including Class A requirements, • Public Involvement — Evaluate and complete a public involvement program to prepare the citizens for recommended changes with the sewer collection system; wastewater treatment system and biosolids program. • Potential Energy Savings — Complete an evaluation and recommendation for energy saving upgrades to the existing and future WWTP. • Capital Improvements — Complete an evaluation and recommendation for suggested future capital improvements for the City's sewer system and wastewater treatment plant, • 5%conceptual design for West Pasco Waste Water Treatment Plant. • To identify any collection differences such as bottle necks and propose solution to remedy the bottle necks. • Define areas of service for current and future urban growth area and evaluate the potential areas within the periphery outside of urban growth boundary. The fee for this work is proposed on the lump sum of$449,936.00 and is expected to he completed by September 30, 2012. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and MURRAY, SMITH & ASSOCIATES, INC. hereinafter referred to as the "Consultant'. WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide PROFESSIONAL ENGINEERING SERVICES with respect to the COMPREHENSIVE SEWER PLAN, and Consultant has demonstrated that it is highly qualified to perform these services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with EXHIBIT A. 2. Ownership and use 4f documents. A. The parties acknowledge that this Agreement shall be governed by RCW Chapter 42.56 and any other State or Federal law relating to confidentiality, intellectual properties, and public disclosure. The parties shall make a good faith effort to comply with such laws, and to the fullest extent allowed by law, comply with the provisions of this section. B. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered shall not be considered public records, provided, however, that; (1) All final reports, presentations and testimony prepared by Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date became public records. (2) The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of Consultant, copy any work product. (3) In the event that Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The sununary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by Consultant. If the Agreement is terminated Professional Services Agreement- l through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed under this Agreement for a minimum period of three (3) years after completion of the work. This provision shall survive termination of this Agreement. (5) Consultant shall respond to requests by the City for records within five (5) business days by either providing the records, or by identifying in writing that additional time is necessary to provide the records with a description of the reasons why additional time is needed. Records shall be provided to the City within twenty (20) days of the date of the request. Provisions of Section 5 in this Agreement shall specifically apply to any claim arising out of Consultant's failure to properly maintain or timely produce records as described herein and as otherwise required by law. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a LUMP SUM basis as set forth on the fee schedule found in EXHIBIT A provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $449,936, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amowit for each voucher to the Consultant, The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time 2f performance. The Consultant shall perform the work authorized by this Agreement promptly and no later than June 30, 2012. 5. Hold harmless aureement. In performing the work under this Agreement, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the indemnitees from: Professional Services Agreement-2 A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whore the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service. 6. General and professional liability insurance. Consultant shall secure and maintain in full force and effect during the performance of all work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per occurrence and $2,000,000 aggregate for property damage; errors and omissions insurance in the amount of $1,000,000; and automobile insurance as required by law. Each such insurance policy shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policies, except upon thirty (30) days written notice to the City. The City shall be named as a certificate holder on each insurance policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination nrobibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this Agreement. Consultant shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or unemployment. benefits. Consultant shall comply with all State and Federal laws including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195. 9. Cite.approval, Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. Professional Services Agreement- 3 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party w7itten notice of such tennination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and any schedules or exhibits listed in this agreement and attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of EXHIBIT A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and cost. In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 Professional Services Agreement -4 Notices to the Consultant shall be sent to the following address: MURRAY, SMITH & ASSOCIATES,INC. 121 SW Salmon St# 900 Portland, OR 97204-2919 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U, S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: By: By: Matt Watkins, Mayor Dave Leibbrandt, P.E., President ATTEST: Debbie Clark,City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement - 5 Exhibit A DRAFT SCOPE OF SERVICES for the CITY OF PASCO COMPREHENSIVE SEWER PLAN The purpose of this Scope of Services is to assist the City of Pasco in the creation of a Comprehensive Sewer Plan. The Comprehensive Sewer Plan will provide a holistic approach to addressing the City's wastewater collection and treatment needs to meet flows, loads and regulatory demands now and for the foreseeable future. The Comprehensive Sewer Plan (Plan) is intended to meet the requirements of a General Sewer Plan and Facility Plan/Engineering Report per the Washington Administrative Code (WAC), and comply with the City's Nation Pollutant Discharge Elimination System(NPDES)Permit, requiring an approved Plan by October 1, 2012. BACKGROUND The City of Pasco owns and operates a wastewater collection and treatment system to manage the domestic wastewater needs of the community. The City's collection system is a conventional collection system that mainly relies on gravity sewers to convey wastewater flow to the treatment facility. Pumps stations and force mains are used to supplement the gravity system. The City operates an activated sludge wastewater treatment plant (WWTP) to oxidize, nitrify and disinfect the wastewater flow prior to discharge to the Labe Wallula reach of the Columbia River. The City originally built a primary treatment facility in 1954 and in 1970 it was upgraded to meet secondary treatment requirements. The most recent major upgrade was in 1998 to increase the capacity of the facility. Currently, minor unit process upgrades are being pursued by the City to address process limitations and O&M issues. The plant currently experiences flows between 1 and 4 million gallons per day (MGD). The City of Pasco submitted a Comprehensive Sewer Plan to the Washington State Department of Ecology (Ecology) in November 1992 and an update in March 1999. The City also submitted a Wastewater Facility Plan with proposed improvements to the collection system, pump stations and WWTP which was approved in February 1994. Over the past 10 years, the City has seen significant growth which has resulted in increase flows in the collection system and at the WWTP. This growth, coupled with significant urban expansion since the last planning effort was completed, requires development of a Comprehensive Sewer Plan that reflects current conditions and growth projections. APPROACH With the age of the previous planning documents, combined with the recent system growth, a significant portion of the comprehensive planning process will be dedicated to understand current system conditions and limitations. Since the last Comprehensive Sewer Plan, the City of Pasco, WA MURRAY, SMITH & ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 1 of 25 DRAFT system has greatly expanded and flows increased, significantly impacting the characteristics and performance of both the collection and treatment systems. Understanding the current characteristics and performance of these systems is vital in the selection and evaluations of feasible alternatives for system improvements to meet current and future needs. Because this understanding is critical in the planning process, the approach to completing the Comprehensive Sewer Plan is based on a number of assumptions as stated under each individual task and subtask. Specific tasks of the work program include: Task 1 —Project Management Task 2 —Public Involvement Task 3— Data Collection Task 4 —Wastewater System Description Task-5 —Future Condition Forecasting Task 6— Collection System Analysis Task 7 — Wastewater Treatment Evaluation Task S — Operations and Maintenance Task 9— Wastewater System Needs Inventory and Alternatives Analysis Task 10 — Capital Improvement Plan Task 11 — Documentation Task 12 — Conceptual Design Memorandum SCOPE OF WORK Task 1 - Project Management This task provides for management of the project through the completion of the project. The detailed subtasks are as follows: • General Project Management—Includes developing a formal Project Management Plan that will include the project scope, schedule, team organizational chart, define responsibilities, outline project communication protocols and provide contact information of key team members. The Project Management Plan will be a document distributed to all key team members and updated as necessary to reflect the current status of the project. This project management subtask also includes project start-up, in-house review and task coordination, quality control, coordination with City staff, and preparation for and attendance at various project related meetings not provided for elsewhere in other work tasks. City of Pasco, WA MURRAY, SMITH& ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 Engineers+Planners 2 of 25 DRAFT • Kick-off Meeting—Prepare for and attend a project kick-off meeting with City staff and key team members. MSA's Project Manager will develop and distribute a detailed meeting agenda one week before the meeting, and minutes after the meeting. • Ecology's Preliminary Engineering Conference—A preliminary engineering conference will be conducted with the Department of Ecology (Ecology) to review project objectives, work plan, schedule and receive their input. • Project Management Meetings— Conduct project meetings with the City's project manager and key staff at routine intervals, approximately once a month, to review project progress, schedule and discuss specific project elements. It is anticipated that these meetings may be incorporated into other project meetings defined under this scope of work. • Project Schedule--MSA's Project Manager will prepare and regularly update an itemized project schedule using MS-Project (ver. 2007). The schedule will include all key task activities, milestones, submittal deadlines and City review periods through completion of the project. The updated project schedule will be included in monthly invoices and shall be available to the City in electronic format. • Staff and Subconsultant Management— MSA's Project Manager will manage project staff and subconsultants to ensure execution of the Scope of Services in an efficient and competent manner. This management task will involve making staff assignments and directing task activities of MSA staff and subconsultants, monitoring level of effort and conformance with the Scope of Services. • Invoices and Budget Oversight— MSA's Project Manager will monitor project costs and manage budget and billing tasks. This will include preparing and submitting monthly activity reports listing specific work activities that occurred during the invoice period, current project status, and identify activities, milestones, and deadlines that will occur in the proceeding weeks. Provide monthly billing statements that are itemized by task and include billed hours and hourly labor rates for each team member who provided services for that period. Direct reimbursable expenses such as printing, copies and vehicle mileage shall be itemized by task. Invoices will be generated monthly except during periods when no activity is occurring or if the City directs MSA to temporarily curtail activities. Assumptions • The work program will take approximately 12 months to complete. Deliverables • Project Management Plan. • Dick-off and project management meeting minutes. • Updated project schedules. City of Pasco,WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/planners 3 of 25 DRAFT • Monthly invoices with activity reports. Task 2—Public Involvement Work under this task is to support the City with public involvement aspects associated with the project as well as the overall Comprehensive Sewer Plan process. Subtasks include work necessary to support the project through completion. Subtask 2.1 —Community Resource Team Facilitation To ensure transparency and productive stakeholder involvement, a Community Resource Team (CRT) will be used as a sounding board to help guide the development of a Comprehensive Sewer Plan. The group will not provide specific recommendations, but rather help the City gather ideas, identify concerns, and, ultimately, develop an approach that can garner community support. The CRT, consisting of local citizens representing the community, local business, and other key stakeholders, will be engaged in the development of the Comprehensive Sewer Plan at critical points in the projec. During the development of the Sewer Comprehensive Plan, BergerABAM, the public involvement subconsultant of the MSA team, will lead the coordination of the CRT, including group facilitation and production of meeting minutes for up to three, 2-hour meetings. Elements of this subtask include: • Work with the City to develop a draft CRT charter. During meeting #1, CRT members will participate in creating the final charter. • Produce draft and final agendas for up to three, 2-hour CRT meetings (one client review). • Prepare for and facilitate up to three, 2-hour CRT meetings. One meeting could include a relevant on-site tour if needed. • Take meeting notes and produce summaries of up to three CRT meetings. Assumptions • The City will be responsible for determining potential CRT members and inviting potential mcmher to he part of the CRT. • The City will identify, secure, and pay rental fees (if necessary) for meeting venues. • The City will coordinate the scheduling of meetings in connection with key project milestones and recommendations from the MSA Team. • Appropriate City staff will attend and present at each CRT meeting as needed. • The City will maintain the CRT member roster and email contact information, and distribute pre- and post-meeting materials as hard copy or via email. Deliverables • Two drafts and a final CRT charter. City of Pasco, WA MURRAY,SMITH &ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers,Planners 4 of 25 DRAFT + Up to four draft and final meeting agendas. • Facilitation of up to four meetings. • Up to four draft and final meeting summaries. Subtask 2.2— Community Outreach Work under this subtask includes supporting the City with Community Outreach. This Subtask includes attending public meeting with City staff; City Council Meetings, open houses or other types of community meetings. Work will include providing supporting figures to assist the City in conveying project information. Work under this Subtask also includes preparation of a graphic based, single page informational brochure or tri-fold to convey project information to the general public. This brochure would be suitable for general public distribution and/or as a mailer. The graphics and images developed for this brochure will be coordinated with information displayed on the City's web site. Assumptions + The City will be responsible for organizing and administering all public meetings, including meeting announcements, invitations, etc. • A total of two public meeting will be conducted. + Supporting figures will be limited to presentation boards and graphic prepared for the Comprehensive Sewer Plan. • City will duplicate and distribute the informational brochure as necessary. Deliverables • Supporting figures for public meetings. + A draft and final electronic copy of the informational brochure to be duplicated and distributed by the City. Task 3—Data Collection In this task, MSA will collect and review background information provided by the City and develop a formal data request for any additional information required for completion of the work. MSA will endeavor to limit the number of data requests that are made in an effort to minimize the required City staff time. Tn this task, MSA will be responsible for identifying any required additional information and the City will be responsible for the collection and delivery of the requested information. It is anticipated that additional data requests will he made throughout the project, however the majority of the data required will be requested at the beginning of the project. Subtask 3.1 —Existing Records and Data City of Pasco,WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Pian August 2011 Engineers/Planners 5 of 25 DRAFT Obtain all available existing information on the wastewater system included record drawings, documents, plans, reports, hydraulic models, maintenance records, O&M manuals, photos and all other pertinent information. Obtain all planning documents and studies that will assist in the development of the Comprehensive Sewer Plan, including the City's Comprehensive Plan, Comprehensive Water System Plan and other planning documents. The City will provide georeferenced information including; aerial photos, parcels, roads, contours, land use and/or zoning, city boundaries, service area boundaries, hydrology, sewer features, and other available data for use, as well as for general base mapping for all figures in the Plan. Assumptions • MSA and the City will endeavor to identify and collect required data in a timely manner so as to not impact the project schedule. • Information shall be provided in electronic format whenever possible. Deliverables • Formal data request(s). Subtask 3.2— Field Data Collection Two primary components of field data collection are included in this task; survey and flow monitoring. MSA's surveying subconsultant, HDJ, will be involved in this task to collect additional manhole rim and invert elevations. Two options were developed for the collection of flow meter data. The option used for budgeting purposes assumes that a flow metering vendor is contracted that would provide, install, remove, maintain and download the meters during the field work. MSA would be responsible for reviewing the data as it is being downloaded each week. This option would require very little effort on the City's part, with the exception of assisting with validating the appropriate locations for meter installation and access to some sites. A second option was evaluated that requires renting the flow meters with MSA working with City staff to install and maintain the meters. MSA would be responsible for downloading and reviewing the data under this scenario as well. This option is marginally less expensive, but requires a significant amount of City staff time with the likelihood of higher variability in the data. The flow monitoring effort will also include at least two high resolution precipitation gauges that will be installed at different locations in the City, Flow information from SCADA for the major lift stations will also be evaluated during the flow monitoring as well as the flows at the Wastewater Treatment Plant (WWTP). Assumptions • MSA and the City will endeavor to identify and collect required data in a timely manner so as to not impact the project schedule. City of Pasco, WA MURRAY,SMITH & ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 6 of 25 DRAFT • For budgeting purposes it has been assumed that no more than ten (10) additional manholes will need to be surveyed. This estimate assumes includes the measurement of the manhole and pipe inverts. If additional manhole surveys are required, and the City has provided the approval for the extra work, they will be billed at on a time and materials basis. • For budgeting purposes it has been assumed that the flow monitoring will be conducted in October of 2011 and that no more than eight (8) meters are required during a one month period. Note that this is an estimate based on a bid from a flow monitoring vendor has been used for budgeting purposes. If actual project costs are shown to exceed budgeted amounts, the City will be notified immediately and no additional costs will be accrued without City approval. • It has also been assumed that low maintenance "non-contact" flow meter devices will be employed under the second flow monitoring option. • It is assumed that SCADA flow information can be collected during the flow metering effort at the major lift stations and can be provided to MSA in electronic format. Deliverables • Formal data request(s). • Surveyed manhole data. • Flow meter data (if requested). .Subtask 3.3 — Wastewater Characterization Additional information associated with characterizing the wastewater to supplement existing City data may be required. Data collection work may consist of sampling and testing wastewater characteristics at various locations within the wastewater treatment facility (WWTP). Sampling and testing may include parameters not regularly tested at the City's lab, and the need for some external lab testing costs is possible. Data will be used to evaluate and assist in computerized process analysis for the secondary treatment process. Assumptions • Both MSA and the City will move quickly to identify and collect required data in a timely mariner so as to not negatively impact the project schedule. • City will pay direct sampling and laboratory costs, if needed. Deliverables • Formal data request(s) Task 4—Wastewater System Description City of Pasco, WA MURRAY,SMITH&ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers,rPlanneis 7 of 25 DRAFT In this task, an existing system description will be generated for inclusion in the Plan. Existing information, reports and printed documents, will be leveraged to the greatest extent possible. This task will also include development of a general description of the project area (sewer collection area) existing conditions. The system description is anticipated to include, at a minimum, the following components: • Utility management structure • System background • Service Area and sewer basins • Inventory of existing collection system facilities (lift stations, piping, manholes and diversions) • Related plans, interties and service agreements • Existing and future service area • Conditions of service • Descriptive narrative of the wastewater treatment process and facilities • Solids handling process • Outfall description and conditions • Current NPDES limitations, requirements and conditions • Other regulatory conditions. Assumptions • The City will provide georeferenced information including; aerial photos, parcels, roads, contours, land use and/or zoning, city boundaries, service area boundaries, hydrology, sewer features, and other available data for use in this section, as well as for general base mapping for all figures in the Plan. • Existing reports and documents that will be used to complete this task have been reviewed by the City and are accurate. Deliverables • A Draft Technical Memorandum (electronic version) System Description will be delivered to the City. Task 5 - Future Condition Forecasting The development of future population growth and associated wastewater flow projections is a fundamental building block for determining the City's future wastewater needs. Of equal importance is understanding where in the system growth will occur so that pipelines and lift stations are adequately sized, and treatment needs can be identified. In addition, to City of Pasco, WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 8 of 25 DRAFT adequately define the City's future wastewater treatment needs, potential future regulatory requirements and discharge limitations must be understood and quantified. In this Task, MSA will work with the City to develop and describe these items. Subtask 5.1 —Population and Wastewater Projections Several pieces of information will be required to successfully project population and sewer loading including: • Current and future service area boundaries • Location based population and employment information and projections • The delineation of the major sewer basins • Winter time water usage by customer location • Winter time water production records Metered non-residential customer wastewater flows • Flow metering at multiple locations in the system • WWTP based flow records Current population and flow metering at the WWTP will be used to determine per capita loadings that can then be used for future forecasting. Significant commercial and industrial users will be removed from the population based flow rates and projected separately based on available information. Flow metering conducted in the Spring of 2010 will also provide a validation and chance for adjustment of the flows allocated by major drainage basin for both dry and wet weather conditions. MSA would propose to develop a wastewater growth curve for the next 20 years. This will be based on Comprehensive Plan information and other data provided by the City. While it is the primary focus of this project to determine system deficiencies over the next 20 years, it is important to note that many system components should have a useful life of at least 50 years. As part of the load forecasting effort, MSA will identify those basins with the potential for significant growth beyond the 20 year horizon. This will allow the City to evaluate further upsizing of infrastructure in those basins if deficiencies are identified in the 20 year analysis. Assumptions • Growth potential beyond 20 years will be identified by major sewer basin, however no specific number based projections will be provided. • The City's Planning Department has current population projections, growth models and zoning mapping to be used in the development of population and wastewater projections. Deliverables • Refer to Subtask 5.2. City of Pasco,WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 9 of 25 DRAFT Subtask 5.2 —Future Regulatory Environment The purpose of this subtask is to review and document the current status and anticipated trends of operating a wastewater collection and treatment system. This includes potential future regulations with respect to collection, treatment and discharge requirements and industry trends. Based on this analysis, a description of potential future wastewater collection and treatment requirements will be developed in a technical memorandum. The write-up and discussion will be based on the present status of water quality in the Columbia River, regulatory trends seen in similar water bodies, general acknowledged wastewater trends and discussion with Ecology. Assumptions • One meeting with Ecology. Deliverables • A Draft (electronic version) and final technical memorandum summarizing future conditions, including future regulatory requirements that will he used in the Plan as well as population and wastewater projections (Subtask 5.1). Task b — Collection System Analysis This task includes analysis of the major components of the City's collection system, including collector and trunk lines, flow diversions, lift stations, and force mains. The analysis will identify deficiencies and improvements associated with system capacity and condition, infiltration and inflow and planned growth. An initial collection system workshop will be held with City staff to discuss known issues, capacity constraints, facility conditions and operation and maintenance items. A discussion of areas that are projected to grow and how those areas could be served will also be conducted. These alternatives will be incorporated into the modeling analysis. Subtask 6.1 —Identify Design Standards and Design Storm The design standards applicable to the City's system will be identified including surcharge clearance (wet weather), depth/diameter ratio (dry weather), maximum velocity, scouring velocity, lift station firm capacity (redundancy), and lift station total capacity. These standards will be based on the DOE requirements where available or if desired, a more conservative standard, set by the City. A storm frequency and distribution analysis will be completed as part of this subtask to evaluate the historical record compared with the NOAA Atlas 2 stonn frequency mapping. Information will be used from that analysis to identify the appropriate storm type, depth, distribution and frequency for use as the "design storm" in the hydraulic modeling and Plan. Once the preliminary recommendations have been provided, a meeting will be held with the City to determine the selected criteria. City of Pasco, WA MURRAY, SMITH & ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 10 of 25 DRAFT Assumptions • Historical hourly precipitation information is available for at least 50 years from the Pasco Airport at no cost to the project. • The design standards agreed upon as part of this subtask will be used to identify hydraulic deficiencies in the hydraulic analysis. Deliverables A document summarizing the City's selected design criteria and design storm selection will be provided to the City. Subtask 6.2—Develop 1llodel Network and Database Design MSA will utilize the existing hydraulic model and Krull CAD mapping as the basis for the updated model. It has been acknowledged that additional survey information may be required to capture additional manhole and invert information. An initial effort to "spot check" a number of rim and inverts within the system will be performed. Once this is completed a comparison of the survey to the existing model and Krull mapping will be completed, Depending on the results of the comparison additional field survey and/or as- built data collection may be required. MSA will make an initial recommendation on which pipes, manholes, forcemains and lift stations that should be included in the model. The City will review and provide feedback as to the adequacy of the coverage. Major sewer basins will be validated as part of this subtask. Sub-basin delineation will also be completed, which will assist with more accurately loading the existing model as well as making future loading projections. information for lift stations will be provided by the City and incorporated into the model as appropriate. MSA will also conduct a sewer GIS database design effort as part of this subtask. MSA will utilize the Geodatabase data model that was developed as part of a previous project as a template. The basis for the template is the ESRI Sewer Utilities Data Model. The template is comprehensive and should contain much of what the City requires, particularly in terms of the integration with the hydraulic model. The data model will be modified where appropriate. At a minimum, the data model will include "feature classes" for gravity mains, force mains, manholes, pumps and wet wells. A "feature dataset" for sewer will be created that will include the feature classes mentioned above. Standards for how sewer lift station facilities will be represented in the GIS, will be determined with input from City staff, particularly in regards to enabling the GIS to be leveraged for hydraulic modeling purposes. This task may include some additional information gathering and interviews with City engineering and O&M staff to ensure the proposed data structure will accommodate short- and long-term needs. Once the initial data gathering has been completed, the database design will be discussed with City staff. Draft data models will be created and presented to the City before finalization. It is proposed that the City will use the "file Geodatabase" format, which does not require the purchase of other middle-ware software and databases such as ArcSDE, Microsoft SQL City of Pasco, WA MURRAY, SMITH &ASSOCIATES,INC. Comprehensive Sewer Ptan August 2011 EngineerslPlanners 11 of 25 DRAXT Server/Oracle Spatial. Migration to other database formats can be easily accommodated in the future. Assumptions • The City will provide the existing hydraulic model and Krull mapping for the sewer system. • The hydraulic model will consist of the main trunk lines and smaller lines required to serve future areas or areas of hydraulic concern. • If new lift stations are added to the model, the City will provide as-built drawings and information on wet well dimensions, control settings and pump curves. According to the City, several lift stations have been rebuilt and one new one constructed. • Additional survey data beyond the initial "spot check" effort is not included in this scope of work and will be conducted on a time and materials basis as required for the model building effort, once approved by the City. • High resolution contour information will be provided by the City for use in evaluating general slopes and grades for future pipe alignments and for basin and sub-basin delineation. • No more than one iteration of database design are included in the budget. • The information used to construct the model will be available for import into the geodatabase format at the completion of this subtask, however this will only include the trunk lines and major facilities. MSA can assist the City in converting the entire existing CAD dataset into the GIS, however that effort is not included in this scope and budget. Deliverables Up to two (2) drafts and one (1) final copy of the database design schematic will be delivered to the District. Subtask 6.3— Generate Model Loading and Evaluate Flow Monitoring Data MSA proposes to use customer billing records to develop an existing average dry weather loading for each parcel. By using common addresses in the customer billing records and geocoding those, the individual account numbers will be linked to a physical location. The physical locations will be joined to model manholes based on sub-basin boundaries. Once the billing data has been loaded into the system, flows will be peaked to match peak flows recorded at the WWTP. The basin specific loading and peak factors will be further refined once the flow meter data is available after flow monitoring in the Fall of 2011. Future loading can be developed from projected land use, traffic analysis zones, zoning or census data. Growth will be associated with a defined sewer basin for area specific forecasting. City of Pasco, WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 12 of 25 DRAFT Assumptions The City will be able to provide area specific population and flow projections and GIS land base data. Deliverables • No specific deliverables are included in this subtask. Subtask 6.4—Model Calibration for Dry and Wet Weather Conditions The calibration effort will utilize the information collected from the installation of temporary flow meters throughout the system to identify dry weather flows and wet weather impacts. Model calibration will enable the City to have confidence in the hydraulic model results. By calibrating many flow meter locations, the model will more accurately represents system response and geographical variability. Additionally, a calibrated model can be used to verify the influence of infiltration and inflow (1&1) in the system. Calibration consists of adjusting diurnal patterns, average flows and hydrograph parameters in the model to match field measurements during dry and wet weather conditions. Adjustments to model operational controls may also be required to obtain agreement. The calibration is performed as an extended period simulation (EPS) to appropriately model flow variation throughout the day and week. In order to accurately calibrate the model, data must be collected under dry and wet weather conditions. Metered data will be supplemented with SCADA at each lift station and flow measurements at the WWTP. Hourly precipitation will also be collected during the flow monitoring. Assumptions • The City will provide SCADA information for all lift stations where available, that are included in the hydraulic model for the period of flow metering in an electronic format. Deliverables • No specific deliverables are associated with this Subtask. Subtask 6.S —Existing and Future Hydraulic Deficiency Analysis MSA will provide a comprehensive approach to alternatives analysis which includes a combination of hydraulic modeling, condition assessment and basin planning. This subtask includes the evaluation of system hydraulics. The calibrated EPS hydraulic model will be used to identify hydraulic (capacity) deficiencies and improvements utilizing the design criteria and selected design storm. The analysis will include improvement alternatives for existing, 2017 and 2031 scenarios. Alternatives will include upgrades to existing pipelines to support in-fill development, new trunk lines to City of Pasco, WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 13 of 25 DRAFT support new basin growth and potential lift station construction or upgrades. Where appropriate, the model can be used for steady state evaluations of lift station and force main capacity. Based on City input and hydraulic evaluations, opportunities to divert flow through underutilized sewer mains will also be identified. Lift stations will be evaluated under existing and future conditions based on firm and total capacity under peak dry and wet weather flows respectively. Assumptions • The City will provide information on where they believe capacity issues exist in the system. • Using information provided by the City at the initial collection system workshop, MSA will develop a number of alternatives and evaluate those using the model, for serving infill and expansion growth, including the potential siting of a second west side WWTP. Deliverables • A listing of existing and future deficiencies and potential improvements will be created in this subtask. Subtask 6.6 —Existing System Condition Assessment MSA will work with the City to incorporate areas with known condition issues into the overall alternatives analysis. The City will provide input on condition issues based on CCTV, general maintenance and other field crew information. Any available electronic information available concerning the condition of the City's infrastructure will also be incorporated, in particular age and material data. MSA will compare the pipelines and facilities identified by City staff with those that are identified as part of the hydraulic analysis. A field review of the condition of each of the larger lift stations will also be conducted with City staff. This will focus on documenting the general condition of the structural, electrical and mechanical systems that comprise the stations. The results will be documented and incorporated into the overall deficiency analysis and may determine which facilities are upgraded or replaced. The flow monitoring data collected in the Fall of 2011 will he evaluated for the influence of infiltration, inflow and exfiltration. The analysis will be performed by meter and basin where possible. Additional review of CCTV records may be required for those areas where questions arise. Assumptions • No time has been allotted for the evaluation of CCTV records or for any field work. • No more than four (4) lift stations will be visited as part of this scope. City of Pasco,WA MURRAY,SMITH& ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 Engineers!Pianners 14 of 25 DR-AFT • Field testing of the existing lift stations is not included in this budget. MSA will not perform field testing without the City's approval of an amended scope and budget. Deliverables • A listing of condition related issues will be generated during this Subtask. Subtask 6.7—System Analysis Workshop Once the model has been simulated under existing 2017 and 2031 scenarios and existing system conditions have been assessed, a workshop will be conducted with City staff to discuss the resulting deficiencies and alternatives for potential improvements. If new possible improvements are identified in this workshop, some additional modeling to verify their operation may be required. A primary discussion topic will be the evaluation of the feasibility of a second W WTP versus additional conveyance. Since properly installed sewer piping and manholes should have a 50 to 100 year life, notations will be made where the upsizing or infrastructure should be assessed prior to final design. Additional discussions on how the City plans to serve currently unsewered areas will be conducted at the workshop and future piping alignments into those areas will be identified. Assumptions • A one day workshop of six (6) hour duration for three (3) MSA staff will be held on- site with City staff and MSA to discuss the deficiencies and identify potential solutions. • One day of preparation time for the project manager and staff engineer are included in the budget. Deliverables • A preliminary listing of the proposed capital improvement projects will be produced. Subtask 6.8— Collection System Analysis Documentation The system analysis section will constitute a large and important chapter in the final Plan. A draft technical memorandum will be produced allowing City review prior to the delivery of the draft Plan. The documentation will include; design standards, design storm, model network development, model loading, model dry and wet weather calibration, model analysis, condition assessment, and the results of the system analysis workshop as defined in the previous subtasks. Assumptions • The technical memorandum delivered in this subtask will be converted into a Plan chapter once comments have been received. City of Pasco, WA MURRAY,SMITH&ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 15 of 25 DRAFT Deliverables 0 A draft technical memorandum for the System Analysis section. City comments will be incorporated into the draft Plan. An electronic version of the hydraulic model will be delivered to the City in the software format selected. Task 7—Wastewater Treatment Evaluation This task includes analysis of the City's wastewater treatment facilities, including system hydraulics, treatment processes, solids management, and outfall. The analysis will identify deficiencies and improvements associated with system capacity and condition and planned growth. Recent evaluations at the treatment facility will be utilized to the greatest extent possible in the analysis. Subtask 7.l — Wastewater Treatment Workshop An initial wastewater treatment workshop will be held with City operations staff to discuss known issues, treatment goals and plant limitations. Operation and maintenance challenges and limitations will be discussed as well as current and anticipated projects at the treatment facility. Criteria that will be used to evaluate the facility and unit processes will be defined. A plant tour and review with City staff will be included in this subtask. Assumptions • One workshop meeting with City operations staff'. Deliverables • Workshop meeting agenda and meeting minutes. Subtask 7.2-Hydraulic Evaluation A hydraulic profile will be completed for the plant facilities that will evaluate peak, average, and low flow conditions. The hydraulic profile is crucial to all plant improvements and is often the key to identifying issues. Recommendations for addressing current facility hydraulic bottlenecks and deficiencies will be identified. In addition, identification of hydraulic enhancements necessary to ensure that the projected flows can also be conveyed through the plant will be provided. To develop the hydraulic profile, the MSA Team will use non-proprietary software, enabling the City, to perform their own analysis of the system once the project is completed. The hydraulic calculations will work back from the river discharge point and proceed upstream from unit process and/or hydraulic control point to the next. Particular attention will be provided at known areas of concern. The hydraulic analysis tool will first be developed and calibrated against existing conditions. During this stage, assistance from the City in providing accurate and meaningful calibration data is critical. With a base model developed, it will be used to approximate the sizing of City of Pasco, WA MURRAY,SMITH&ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 16 of 25 DRAFT potential future improvements and the development of a preliminary hydraulic profile for the selected improvements and/or new treatment facilities. Assumptions • The City will provide accurate flow and hydraulic grade line measurements throughout the WWTP at up to two distinct wastewater flow rates for use in model calibration. The MSA team will coordinate with the City on the timing and location of flow and hydraulic grade line measurements. • The City will provide any previous hydraulic analysis results for review. Deliverables • Refer to Subtask 7.5. Subtask 7.3 —Process and Systems Evaluation Under this subtask the treatment capacity of the WWTP will be evaluated to identify treatment capacity and performance limitations with respect to current and future flow and loading conditions. The evaluations will review the system as a whole and each process individually. Recent evaluations at the treatment facility will be utilized to the greatest extent possible to define existing unit process capacity at the WWTP and develop an integrated mass and flow balance for the WWTP. The future conditions will then be input into the mass balance. The mass balance model will be a useful tool in developing future alternatives. Based on the output from the mass balance, individual unit processes will be evaluated for capacity as related to the forward flow of the plant. Each unit process will be evaluated at the treatment facility, with specific attention placed upon key issues of obvious concern and/or City interest identified in Subtask 7.1. Assumptions • The City will provide the necessary plant data to complete the evaluations. • Existing reports and documents that will be used to complete this task have been reviewed by the City and are accurate. Deliverables • Refer to Subtask T5. Subtask 7.4-- General Wastewater Treatment Facility Review This work element is included to ensure that discussion of the WWTP, as a whole, is included in the Plan. This subtask will serve to document discussion and discovery of other City of Pasco, WA MURRAY, SMITH & ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 17 of 25 DRAFT potential ArIAITP facility needs that become apparent during the process of developing the Comprehensive Sewer Plan, Many of the elements associated with this subtask will be reviewed with operations staff as part of the wastewater treatment workshop, Subtask 7.1. The fallowing is a preliminary list of items that are anticipated to be discussed as part of the general W WTP review. • Reliability and Redundancy Requirements - In order to meet State and EPA reliability and redundancy requirements, the treatment facility will need standby power and redundant systems. Other unit processes and systems will be discussed and evaluated to determine if there are other WWTP reliability and redundancy needs. • Instrumentation and Control Systems ---The age, effectiveness and reliability of the City's existing instrumentation and control systems will be discussed and documented. • Building Facilities—The age, adequacy and functionality of existing WWTP building infrastructure to meet the needs of the Wastewater Department will be discussed and summarized. Subtask 7:5— Wastewater Treatment Evaluation Documentation The wastewater treatment evaluation will constitute an important section in the final Comprehensive Sewer Plan. A draft technical memorandum will be produced allowing City review prior to the delivery of the draft Plan, The documentation will utilize the existing reports and documents to the greatest extent possible and will include; evaluation criteria, hydraulic analysis, mass balance, process evaluations, condition assessment, historic performance and the results all analyses of the existing treatment facility. Assumptions • The technical memorandum delivered in this subtask will be converted into a Plan chapter once comments have been received. • Existing reports and documents that will be used to complete this task have been reviewed by the City and are accurate. Deliverables • A draft technical memorandum for the wastewater treatment evaluation section. City comments will be incorporated into the final technical memorandum and the draft Plan. Task 8 - Operations and Maintenance MSA will work with City staff to create an operations and maintenance (O&M) section that will be included in the Plan. MSA would propose to document the following items in this section of the Plan: • Regulatory compliance • Collection system management and personnel City of Pasco, WA MURRAY,SMITH&ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 18 of 25 DRAFT • Operator certification • System operation and control • Comprehensive monitoring plan • Emergency response program • Safety procedures • Customer complaint response program • Record keeping and reporting • Operations & maintenance needs and improvements Assumptions • The City will provide copies (preferably electronic) of above listed items where available. • This subtask budget does not include creating the items listed above. The budget assumes that the City has these items available for review and inclusion in the Plan. • Pretreatment evaluations for industrial users are not included in this scope. Deliverables • A draft O&M section of the Plan will be prepared as part of this subtask. Task 9—Wastewater System Needs Inventory and Alternatives Analysis Based on work conducted under tasks b, 7 and 8, capital needs to address collection system, treatment and operation and maintenance limitations and increase capacity to address current and future conditions will be identified and characterized. This inventory of capital needs will assist the VISA team and City staff in defining and evaluating viable alternatives. Subtask 9.1 —Capital Needs Inventory MSA will conduct a workshop with City staff to review the findings from the system analyses conducted in the previous tasks. Capital needs will be quantified in a tabular form for review and to easily identify weakest links and prioritize needs. In this workshop setting, alternatives to address capital needs will be identified for further analysis. In addition, specific criteria to use in the analysis of alternatives (Subtask 9.2) will be developed and inventoried with staff at the workshop. Monetary and non-monetary criteria will be considered. Assumptions • City will participate in a one day workshop. Deliverables City of Pasco, WA MURRAY, SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 19 of 25 DRAFT • Workshop agenda and meeting minutes. Subtask 9.2—Alternatives Analysis Under this subtask, the MSA Team will evaluate system alternatives that will address capital needs as previously defined. Alternatives will be considered that not only look at specific deficiencies but look at the big picture in the development and future planning of the City's wastewater collection and treatment systems. With the possibility of a second treatment facility, the analysis of alternatives would take into account collection system needs as well as treatment facility needs and consider costs, O&M, environmental permitting, service life, etc. Depending on the alternatives identified, further analysis of the collection system will be likely. To provide more detailed information on the system alternatives and develop comparisons between alternatives, addition modeling using the models developed in Task 6 is anticipated. The models will be modified as necessary to reflect propose alternatives and multiple scenarios developed to understand the full impact of the proposed improvements on the system. This information will be used for comparison of alternatives and section of a preferred alternative. Assumptions • Addition modeling to be used in the alternatives analysis will include collection system modeling for up to six scenarios for wastewater collection and treatment. • Additional evaluations at the existing treatment facility are not included in this scope. Deliverables • Refer to Subtask 9.3. Subtask 9.3—Selection of Preferred Alternatives A system to rank alternatives will be developed with the City, and possibly key stakeholders, to ensure that a defendable process was employed and the criteria was equally applied, making sure the process does not overwhelm staff and is manageable. A matrix approach can be used in the evaluation and selection of preferred alternatives, however the complexity of this approach is highly dependent on the alternatives considered. MSA will work closely with the City to develop an appropriate methodology to evaluation and rank alternatives. In a workshop setting, engage staff to evaluate alternatives based on the criteria defined in Subtask 9.1. The ranking system methodology will be applied to define the preferred alternatives. It is anticipated that in a one day work session with City staff, alternatives will be ranked and preferred alternatives will be incorporated into the CIP. Assumptions • City will assist in the development of a methodology to rank alternatives. City of Pasco, WA MURRAY, SMITH & ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 EngineersiPlanners 20 of 25 DRAFT • City will participate in a one day workshop at which all preferred alternatives will be identified. • No more than one iteration of ranking the alternatives with City staff is included in the budget. Deliverables • A memorandum defining the methodology to rank alternatives for the City's review and approval. • A draft technical memorandum documenting the alternatives analysis and selection of preferred alternatives. City comments will be incorporated 'nito the final technical memorandum and the draft Plan. Task 10 - Capital Improvement Plan This task will be focused on the development of a. Capital Improvement Plan (CIP) for the next twenty (20) years. The basis for the CIP is the selection of preferred alternatives and the corresponding technical memorandum defined in the previous task. Subtasks to this work are: Subtask 10.1 —Development of Unit and Project Costs Based on the preferred alternatives from previous tasks, a list of proposed projects will be generated. Unit costs for pipelines, manholes and lift stations in particular, as well as treatment facility costs, will be developed for generating project specific order of magnitude costs. Each project will be described in terms of the reason for the improvement, the location, its size and extent, as well as the total project cost including engineering, administration and construction. Costs will be presented in terms of total annual cost and present worth. Corresponding figures will be generated showing the improvement along with a unique identifier that will also he populated in the hydraulic model, where appropriate. Assumptions • Cost estimates will be based on current market factors, any recent Pasco or Tri-Cities specific construction bids and industry standards. • Operation and maintenance costs will be based on current City practices and published standards for staff and operating a wastewater system. Deliverables • Refer to Subtask 10.2. Subtask 10.2 — CIP Prioritization Workshop City of Pasco, WA MURRAV,SMITH & ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 21 of 25 DRAFT MSA will conduct a prioritization workshop based on the draft CIA. MSA will work with the City to develop criteria for the prioritization based on a number of factors including; whether it is an existing deficiency or not, the extent of the deficiency, number of customers impacted, type of customer impacted, whether it addresses both a hydraulic and condition deficiency, and others. Projects to be implemented in the first six (6) years will be identified first, and those required at 20 years. Assumptions • City will participate in a one day workshop, not to exceed one day. Deliverables • A draft technical memorandum documenting the development of the CIP. City comments will be incorporated into the final technical memorandum and the draft Plan. Subtask 10.3— Financial Considerations A preliminary financial review will be conducted to identify the potential financial impacts of the CIP. This will identify potential cost per service in terms of both debt service and operation and maintenance costs of all facilities identified in the CIP. This will be presented in terms of the potential incremental impact to the City's current rate structure and capital facility charges. Potential sources of revenue and funding will be identified, including available State and Federal grant and loan programs, as well as other programs such as energy credits. MSA will assist the City in developing a preliminary funding strategy that will be financially viable for the utility ui both a short-term (6 years) and long-term (20 years) planning period, assuring the utility's ability to implement the schedule of capital improvements. The City's current rate structure and capital facility charges will be reviewed and recommendations for further analysis to update rates and charges will be identified. Assumptions • The City has current documentation including a spreadsheet model that describes their rate structure and capital facility charges methodology. • The City has developed a preliminary strategy for financing capital improvements that will be incorporated into this subtask. • Work under this subtask represents a preliminary review of the potential financial impacts of the CIP and will be accomplished by the MSA. A more detailed financial evaluation to determine the City's sewer rates, capital facility charges and overall financial strategy to implement the CIP may need to be conducted by a financial consultant upon completion of the Comprehensive Sewer Plan. City of Pasco, WA MURRAY,SMITH& ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 22 of 25 DRAFT • No time for MSA to pursue the acquisition of alternative funding in terms of bonds, loans or grants is included in this scope. Deliverables • A memorandum documenting the work under this subtask and recommendations for further analysis. Subtask 10.4 —Ens ronmenial Review (SEPA) A State Environmental Policy Act (SEPA) Checklist will be performed to ensure environmental values are considered by state and local officials in the development of the Comprehensive Sewer Plan. The SEPA Checklist will be adequate to meet the minimum requirements of a planning document but, depending on the financing of improvements, may not be sufficient to implement the proposed sewer improvements identified in the Plan, particularly where state or federal grants or loans are involved. Additional environmental documentation may be necessary beyond what is included in this scope to secure state and federal funding. Assumptions • For budgeting purposes it has been assumed the SEPA Checklist will be sufficient to meet the minimum requirements for a General Sewer Plan (WAC 173-240-050) and a Facility Plan/Engineering Report (WAC 173-240-060 and 40 CFR 35.719-1). Additional environmental documentation will most likely be necessary, the extent of which will be influence by the source of funding. • The City will be the lead agency for the SEPA process. Deliverables • Draft and final SEPA Checklist for the City's consideration. Task 11 — Comprehensive Sewer Plan Documentation MSA will develop a Comprehensive Sewer Plan with the sections that will document the work identified in this scope of services. The Plan will be developed to meet the requirements for a General Sewer Plan(WAC 173-240-050) and a Facility Plan/Engineering Report (WAC 173-240-060 and 40 CFR 35.719-1). The overall project strategy will be to deliver a draft technical memorandum at the completion of each major section that the City will review. These documents will then form the basis of each chapter in the overall Plan. Subtask 11.1 —Draft Documentation This subtask is intended to take the work products and findings from the previous tasks and consolidate them into a single draft document. The Plan is anticipated to include the following major chapters: City of Pasco, WA MURRAY, SMITH& ASSOCIATES, INC. Comprehensive Sewer Plan August 2011 EnbineerslPlanners 23 of 25 DRAFT 1. Introduction/Executive Summary 2. Existing Systems Description 3. Population and Load Projections 4. Collection System Analysis 5. Treatment Systems Evaluation 6. Operations and Maintenance 7. Alternatives Analysis 8. Public Participation 9. Capital Improvement Plan 10. Financial Strategy 11. Frivironmental Information Document 12. Appendix Assumptions • Previous memorandums and meeting minutes sent to the City have been reviewed and are accepted by City staff and will be incorporated into the Plan. Deliverables • Five hard copies and five electronic copies (on CDs) of the draft Plan will be created for internal City, and possibly stakeholder, review prior to submission to Ecology. Subtask 11.2—External Review and Final Documentation City review comments will be incorporated into the draft document prior to submission to Ecology for review. Three copies of the revised draft Plan will be submitted to Ecology for review. A meeting to review the Plan will be conducted with Ecology staff. A final document that incorporates all final City (staff and council), Ecology and public comments will be prepared and submitted to the City and Ecology. MSA will assist the City with a presentation to the City Council for adoption of the Plan. Assumptions • City will provide review comments on all drafts of the Plan. • City will participate in a review session with Ecology. • City Council will need to take formal action on the Plan. Deliverables • Three revised hardeopy draft Plans will be submitted to Ecology for review. Five revised draft Plans and one electronic will be submitted to the City. City of Pasco, WA MURRAY,SMITH & ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers!Planners 24 of 25 DRAFT + Five hard copies and twenty five electronic copies on CD and in PDF format of the final Comprehensive Sewer Plan will be delivered to the City for their use and distribution. Task 12 - Conceptual Design Memorandum A Conceptual Design Memorandum will be used to define the preferred alternative as defined in the CTP. The memo will review the potential requirements for implementation including; additional environmental documentation, surveying, geotechnical investigations, property/easement acquisitions, permitting and other facility needs. The memo will include a schematic or rendering of the proposed facility. The scope of this task may be further defined and revised through discussions with City staff and Ecology during the completion of the Comprehensive Sewer Plan. Assumptions • The budget for this task is based on the concept that the preferred alternative is a second WWTP. • A single page schematic or rendering of the proposed facility will be including with the memo and will use existing aerial imagery as the base. • The memo will be a brief overview of the proposed facility and will be approximately three pages. Deliverables • Draft and final Conceptual Design Memorandum. City of Pasco, WA MURRAY,SMITH& ASSOCIATES,INC. Comprehensive Sewer Plan August 2011 Engineers/Planners 25 of 25 AGENDA REPORT NO. 12 FOR: City Council September 08, 2011 TO: Gary Crutchfie i Manager FROM: Ahmad Qayoul, Public Works Directo Workshop Mtg.: 09/12/2011 Regular Mtg.: 09/19/2011 SUBJECT: Northwest Commons Lift Station Design I. REFERENCE(S): 1. Professional Services Agreement 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 09/12: Discussion 09/19: MOTION: I move to approve the Professional Services Agreement with CI-12NIHill Engineers, Inc., authorizing consulting services with respect to the Northwest Commons Lift Station Design, not to exceed S64,500 and further, authorize the City Manager to sign the agreement after receipt of the developer's reimbursement agreement. II1. FISCAL IMPACT: Utility Fund (to be reimbursed by developer) IV. HISTORY AND FACTS BRIEF: A) hdtially this subdivision was approved for septic systems. Upon further research, the City does have the capacity to accommodate sanitary sewer services for the proposed subdivision development within the current lift station at Road 36, therefore the three lift stations will be constructed to serve the Northwest Commons Development. V. DISCUSSION: A) C112MH111 Engineers, Inc has prepared a proposal to include final engineering and design of three new lift stations at the Northwest Commons Development and upgrades to the existing lift station at Road 36, CH2MHill will also provide construction documents to the developer to complete installation of the proposed lift stations. B) The engineering services provided by C142MHill will be reimbursed by the developer in the amount of $64,500. An agreement and commitment for replacement has been received by the developer. C) The fee for this work is $64,500.00 and Staff recommends approval of the proposed professional services agreement. 3(d) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and CH2M HILL ENGINEERS, INC. hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to the Northwest Commons Lift Station Design, and Consultant has demonstrated that it is highly qualified to perform these services. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: I. scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Attachment A. 2. Ownershi and use of documents. A. The parties ackno«ledge that this Agreement shall be governed by RCW Chapter 42.56 and any other State or Federal law relating to confidentiality, intellectual properties, and public disclosure. The parties shall make a good faith effort to comply with such laws, and to the fullest extent allowed by law, comply with the provisions of this section. B. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered shall not be considered public records, provided, however, that: (1) All final reports, presentations and testimony prepared by Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. (2) The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of Consultant, copy any work product. (3) In the event that Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by Consultant. If the Agreement is terminated Professional Services Agreement— CH2MHILL-NW COMMONS- 1 through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed under this Agreement for a minimum period of three (3) years after completion of the work. This provision shall survive termination of this Agreement. (5) Consultant shall respond to requests by the City for records within five (5) business days by either providing the records, or by identifying in writing that additional time is necessary to provide the records with a description of the reasons why additional time is needed. Records shall be provided to the City within twenty (20) days of the date of the request. Provisions of Section 5 in this Agreement shall specifically apply to any claim arising out of Consultant's failure to properly maintain or timely produce records as described herein and as otherwise required by law. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a lump sum basis as set forth on the fee schedule found in Attachment A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $64,500, without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project, Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years ailer final payment. Copies shall be made available upon request. 4. Time of Performance. The Consultant Shall perform the work authorized by this Agreement promptly and before December 31, 2011. 5. Mold harmlc;s agreement. In performing the work under this Agreement, the Consultant agrees to indemnify the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, including attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including Professional Services Agreement—CH2NI1 IILL-NW COMMONS-2 death, to the proportionate extent caused by the negligence or willful misconduct of Consultant, its employees or subcontractors. City agrees to indemnify Consultant from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of the City, its employees or contractors. 6. General and professional liabili!y insurance. Consultant shall secure and maintain in full force and effect during the performance of all work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; 51,000,000 per occurrence and $2,000,000 aggregate for property damage; errors and omissions insurance in the amount of$1,000,000; and automobile insurance as required by law. Each such insurance policy shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policies, except upon thirty (30) days written notice to the City. The City shall be named as a certificate holder on each insurance policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. S. Consultant_is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose, Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this Agreement. Consultant shall make no claims for benefits for employment against the City including, but not limited to, sick leave, medical insurance, coverage under the City's State Department of Labor and Industries policy, vacation benefits, retirement, or Linemployment benefits. Consultant shall comply with all State and Federal laws including, but not limited to, the requirements of RCW 50.04,0140 and RCW 51.08-195, 9. Citv approval Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City, 10, Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Professional Services Agreement—CH2MI-TILL-NW COMMONS-3 11. Intearation. The Agreement between the parties shall consist of this document and any schedules or exhibits listed in this agreement and attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Attachment A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-a.ssiswnable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant amainst contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. Standard of Care. The standard of care applicable to Consultant's services will be the degree of skill and diligence normally employed by professional engineers performing the same or similar services at the time Consultant's services are performed. Consultant will re-perform any services not meeting this standard without additional compensation. 16. City Furnished Data, City will provide Consultant all data in City's possession relating to Consultant's services under this Agreement. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. 17. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RC W 7.44A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and cost, In the event any provision of this Agreement is deemed to be unenforceable, the other provisions of the Agreement shall remain in full force and effect. 18. Notices. Notices to the City of Pasco shall be sent to the following address, Professional Services ,'1grcement—CH?MH11.1,-NWCOMMONfi- 4 City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: CH2M HILL ENGINEERS, INC. Thomas J. Helgesen, P.E. 295 Bradley Blvd., Suite 300 Richland, WA 99352 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF PASCO CONSULTANT: CH2M HILL ENGINEERS, INC. By: By: Matt Watkins, Mayor Thomas J. Helgeson, P.E., Vice President ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement—CH2MHiLL- NW COMMONS- 5 Attachment A Scope of Services City of Pasco Northwest Commons Lift Station Design CH2M HILL Engineers, Inc. is pleased to present this proposal for preparing final engineering and design of three new lifts stations at the proposed Northwest Commons Development (NWCD). Our proposal is organized into four parts, including: • Background • Scope of Design Services • Schedule • Compensation Background The NWCD is currently planned for septic tank service. It is the City's desire that these lots be served by the City's central sewer system. As a result, the City has asked CH2M HILL Engineers, Inc. to provide a scope of services for the design of three new lift stations to facilitate providing central sewer service to the NWCD. Scope of Design Services CH2M HILL Engineers, Inc. will prepare engineering and design for three new lift stations at the NWCD with the following assumptions: • Site survey, control elevations,and the basis for flow criteria will be provided by others. • GeotechnicaI engineering and reports needed for the design of the lift stations will be provided by others. • The design of the lift stations will be based upon the City's Navy Base Lift Station, City Project No. 97-1-04. Design of any infrastructure above and beyond the Navy Base Lift Station design drawings, including building enclosures for system control panels and other components, will require an adjustment in scope and budget. • All pipelines conveying sewage to the lift stations will be designed by others. The extent of CH21v1 HILL Engineers, Irnc.'s design will begin where a single sewage discharge pipe connects into each lift stations wet-well. • CH2M HILL Engineers, Inc.will recommend a force main pipe size to the City. The design and layout of the force main will be provided by the City. • AlI services required to provide the City with the ability to communicate with each pump station's SCADA system will be furnished by others. • All electrical design services will be performed by others. • Technical Specifications will be presented on the drawings. The City will provide all front end contract documents. • The City will be responsible for facilitating acquisition of all permits and any associated permit fees. CH2M HILL Engineers, Inc. assumes no responsibility for delays in the schedule as a result of delays in the permitting process. • Services during construction including responding to requests for information are not included in this scope. Design Drawings will be prepared using AutoCAD software. Intermediate submittals will be on half size drawings (17.x17);the final submittal will include half size drawings and D Size (22x34) drawings. The anticipated drawing sheets to be included in the final plan set are presented in Table 1, EXHIBIT 1 Final Drawing List Sheet Humber Drawing Title G-1 Cover Page, Drawing List, Area and Vicinity Maps G-2 General Notes, Symbols and Abbreviations G-3 Structural and Mechanical Notes C-1 Overall Site Plan C-2 Enlarged Plans C-3 Enlarged Plan SM-1 Structural & Mechanical Plans SM-2 Structural & Mechanical Sections and Details SD-1 Standard Details CFI2M HILL Engineers, Inc. proposes the design be performed in four phases, The four phases include project definition,60%design phase, 90% design phase, and production of construction documents. These phases are further discussed below. Phase 1 —Project Definition During this phase, CH2M HILL Engineers, Inc. will work with the City to establish the criteria to be used for design. Since the schedule may require design of one of the lift stations begin before final criteria is developed for the other two,we anticipate submitting an initial project definition technical memorandum before submitting a final memorandum once criteria for all three lift stations is compiled. The technical memorandum will establish the location of each lift station, the number of lots to be serviced, collection and conveyance flow rates, lift station control logic, control elevations, description of system components and special material requirements. Deliverable: Electronic Copy of Design Criteria Technical Memorandum Phase 2— 60%Design Development CH2M HILL. Engineers,Inc. will meet with the City to discuss the progress of the design documents. Deliverable: ITT/A Phase 3—90%Design Development Drawings and technical specifications will be substantially complete and ready for final review by the City and CH2M HILL Engineers, Inc.'s internal quality control team. These drawings will the electronically submitted to the City. After the City's review of the 90% documents, CH2M HILL Engineers,Inc. and the City will meet to review any final comments that will be implemented in the construction ready documents. Deliverable: Electronic copy of the 90°! Design Drazings Phase 4— 100% Design Development Construction ready contract documents will be developed. CH2M HILL Engineers, Inc.will deliver the construction ready documents to the City but does not anticipate a formal rneetuhg. Deliverable: 2 half size sets, 2 fi4ll size sets, and one CD set of Construction Ready Documents Schedule CH2M IIILL Engineers, Inc. is prepared to begin work upon City issuance of notice to proceed. Phase 1 through 3 can be performed within.6 weeks of the notice to proceed. Phase 4 can be performed within 3 weeks after receiving final comments from the City's review of the 90% design set. CH2M HILL Engineers, Inc.'s ability to meet this schedule is contingent upon timely receipt of information and comments from the City and provided the scope of work progresses as outlined. Compensation Compensation for the above scope of services will be on a lump sum basis of$64,500.00. This estimate includes professional services and associated travel, printing and other direct costs. It is understood that this compensation is based on the scope of services described above. Work beyond the services described will require an adjustment to the scope of services and budget. ���wi � iies��is ��Iis1111ii1111 11�►!'-3T��� .� w i�i�isiiifi�� � ■,;�li�i iiwii i1 ,,.-_���t� ' ■■ -.� ■■eiii*i►I�1 ♦4 i /#��/ !/f�liillli�IflliR "aMi��fi� ,, , �, a /I�ILIRaiM♦ � ■ ■ ... „�S L't`�..� n� �i4��; irat �1111� w dam•aR a as r ma ■ a:,r►4 i s� +� a .1-�..•" .. ■ E�wadi/y �r ti�if�+risi►-.@ ■,�■ rrr.♦♦ ♦` .,� .► /ti11111 r AIr■■=■■ss 10A rti�/ ��f�����a: � �+����,1�_. �/Iiiilili r�■■°-■>�I�r`i���K��oi��� ^>nQS�. 4�i■ ^„ •=rwa i��� ti■ /�itit■��il it lel+ilfi+l�i' MlJ�Mfi ''si d4?' r �I O r ♦ -ii c 1,32 +.r�■ s �a���; �.3 .—,a�� ail Q 6 f+ i w'/Mi�W Od f�il�r+l �lilt�l:ilG{i'11 41eK''� ����?■ ZIIM j� : '�-:�t+i�-:via ► a�a ���d#l�ii�dk�l�!! = i�la�iM2��ii a 11�S�iC3Q' 0 y®, r:,NrRSra■sr_W. �s�hi� i�9Ei6i°_i I+ NI�lI�E+�1i�iliilt!d ei ■i1 +� i��'! Mr, .Iva ':�.i !!!3� �•+ *1�33^��1 � � 4�.� r�'s� r'2 *�f�IwCi'�i fd �-MffG��+�t'��f � + �4..� �wr� t$! �� _ti �� i�liA !�®� � ,u Y #.., tinM■['a:ayl..t.r,n u �... 'if %,;�f��,�� ��s '� _ =.� �,. .,�i�,- �►a��pl����l�, �9 ,:?�i �b;�c�ra�.����= r���,r�}•�a.,u,��j��t.:si■r�11 y�� , �r���isil���. _:a;�`�'" da�a�ii�ll !ir/��;�ud,° ilt�=alhlF-�� �►_'-�.�',Y;-�1i`: �1''�`�s':.�°.E� 5:�_ / ►J i1 � 1� 1i�1i�� � b�i � � h / ar�o arae �► w a�i �rr; �� ,� �"r w,d ion jai uk7i.PI�W �r• �Vr frla ■ ��. ■ -n ;.Z4 fatm � ,���� k4tx♦�:�■ ��� ? �• i � #p- V, r► �n�r r�� ids u� e� ■,■. �, ,arm t�. lfi, r: •����� "s,�::�� iM 'ft � ��� ,��: Y=aiat-,.� w��Y-��s�it'� � '�'yi� SIG f�. �s�i� �. 1�,.�y+1^ �i� �NI,; ��•�.'� .i��'�+w� 2oi'1Q�-'+�i�^�Ir:.:� Y�N�I+R�®�� � yla '.i�r�.• . �a ��is'�i sJ�s •r �'°Ei� •,. are;,��-�n�,aa +,� �.e::�i!'a�i,;�Q Y t�1lr:-;�-�!!!,':,: �� � v�..ai =�.-�...I���I��ii �i�1i0=�� �,i:�:.� ze��aliM/�/L1 e�.��`i�i • AGENDA REPORT FOR: City Counciin September 12, 2011 TO: Gary Crutchfi — :Manager Rcgular Mtg.: 1111/11 kick White, Dii oc o: Community & li conomic Development `L FROM: David I. McDonald, City Planner SUBJECT; Right-of-Way Dedication for a Portion of Clara Street (MFG DEED2011-003' 1. REF ERENCE(S): 1, Overview Map 2. Vicinity Map 3. Right-of-'Way Dedication Deed 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9119: MOTION: I move to accept the deed from Joseph and Julie Reach for a portion of the Clara Street right-of-way. Ill. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A) Due to an error in the original platting process in 1953 for the Adams Second Subdivision there is no right-of-way for the north side of Clara Street located west of Road 84. B) Joseph and Julie Roach, the owners of the last vacant lot on Clara Street, are in the process of building a new home, As a part of the permitting process, the Roach's have provided the City with a dedication deed for right-of-way along the frontage of their lot. 3(e) Overview Map A plicant: Joseph & Julie Roach N Fi* e DEED 2 1 11 -003 t7 Ao A AdU=P,o a- - X7.6 AP 48 Owl' T mom- AW love ji JAO • . .�J �'�` - � }�� 1� • :O'er'. �� Item:Vicinity 20' Dedication• • i u le . Map File 2011 -003 • i S. ,` • t * I, • j Y Ilk • ` ?J Wit. � ,: ;^.`. • '• _ � � .. �"Y j� :ar � fir' ^• � A&E Recording. Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 118-321-245 THE GRANTOR(S), Joseph _D. and Julie Arne_ Ruch, by donation pursuant to RCW 35A.79.010, dedicate, convey and quit claim to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way and all interest in the land described as follows: The south 20 feet of Lot 1, Block 3 Adams Second Addition. DATED this _ l day of r 2011. GRANTOR(S) Owners JAC/C yi 9 STATE OF WASHINGTON ss. : * : PUBV . County of Franklin ) �.q� file° 4� r• va o J 4 �OF On this f day o 2011, before me, the undersigned, duly conm-iissiondd and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the Dedication Deed- 1 owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, fbr the uses and purposes therein mentioned, and on oath stated that he/slie/they is/are authorized to execute the said instrument. GIVEN under by hand and offici41hi, day o 2011. Print Na L NOTARfor the tat V4'aslling ton Residing My Commission Expires: In IT Dedication Deed -2 AGENDA REPORT FOR: City Council September 12, 2011 TO: Gary Crutchfi. y Manager Regular Mtg.: 9/19/11 Rick White, Community & �conomic Development Director ,L FROM: David 1. McDonald, City Planner V� SUBJECT: FINAL PLAT (MF# FP 2011-008) Ranger Heights (Basswood LLC) I. REFERENCEN: 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at htt1):// .pasco_ wa,gov/citycounci lreports). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/19: MOTION: 1 move to approve the final plat for Ranger [=Heights. 111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Ranger Heights subdivision. The developer is now seeking final plat approval. B. The Ranger heights subdivision is a single-family residential development located on Road 80 just north of Court Street. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed the improvements. B. The final plat shows and contahas information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(f) Overview Item: Prelim. Plat Ranger Heights Applicant: Basswood LLC Map File #: FP _ 2011 -008 06e NOW gem 1W- 11 V „1 -.�. ., k„ •�� � �• - •�'� - Zia � •�� _ •�� 'fir / �. . ��• _ i '� ��� ,.y 41�I � WY I %� \ ,� �{' P � "� �� y •� - •�IRtMf 7 •yam ',� . ♦�E' 1 III , jl� ••� d� `+�1 ,it,+� /l :r �' L _!” -- _w _ - / Item: Prelim. Plat - Ranger Heights Vicinity A, p licant.- / / d ; Map File FP 2011 -008 tZ lip t d AGENDA REPORT FOR: City Council Date: September 1, 2011 TO: Gary Crutchl:iel Manager Workshop Mtg.: 9/12/11 Rick White, Regular Mtg.: 9/19/11 Community & Economic Development Directore�vj FROM: Angela R. Pitman, Block Grant Administrator amp Community & Economic Development Department SUBJECT: 2012 Neighborhood Stabilization PrOLyram (NSP)Annual Work Plan Allocation (MF# BGAP2011-005) I. RE'FERENCE(S): 1. Proposed Resolution 2. 'Totals for NSP Funds 2010 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/12/11: DISCUSSION 9/19/11: MOTION: I move to approve Resolution No. # approving the City's 2012 NSP Allocations and Annual Work Plan. III, FISCAL IMPACT: $357,000 NSP Program Income from the sale of three foreclosed properties acquired in 2010 and rehabilitated in 2011. IV. HISTORY AND FACTS BRIEF: A. On March 15, 2010 Council approved Resolution No. 3220 amending the NSP Allocation and Work Plan increasing funding to $426,343 and adding acquisition and rehabilitation activities to the down payment assistance activity for foreclosed properties. B. The City utilized NSP funds by providing down payment assistance to 7 buyers of foreclosed homes and by purchasing and rehabilitating 3 foreclosed homes. The rehabilitated homes are expected to be sold in 2011 or early 2012 (Ref#2). V. DISCUSSION: A. The City is able to use NSP funds for down payment assistance, acquisition and rehabilitation of foreclosed properties. Expected program income from the sale of three rehabilitated foreclosures provides funding to continue that program. Staff proposes that the 2012 annual work plan allocation continue activities previously approved as follows: Proposed Activities Budget Units Acquisition & Rehabilitation Projects $ 253,000.00 2 First Time Homebuyer Assistance $ 77,000.00 4 Administration from PI $ 27,000.00 $ 357,000.00 6 3(g) RESOLUTION NO. A RESOLUTION APPROVING FEDERAL NSP WORK PLAN ALLOCATION FOR PROGRAM YEAR 2012 WHEREAS, the Neighborhood Stabilization Program (NSP) is authorized under Title III of the Housing and Economic Recovery Act of 2008 (HERA), administered by the US Department of Housing & Urban Development (HUD), and subject to both CDBG and HOME regulations for the purpose of stabilizing neighborhoods negatively affected by foreclosures and abandoned properties; and WHEREAS, the City of Pasco expects to receive $357,000 in program income from the sale of three foreclosed homes acquired and rehabilitated with NSP funds; and WHEREAS, the City adopted regulations in establishing single family rehabilitation standards for programs operating under HOME Investment Partnerships Regulations 24 CFR 570.92 that also apply to the Neighborhood Stabilization Program; and WHEREAS, the Neighborhood Stabilization Program (NSP) Action Plan has been prepared in accordance with Department of Commerce (DOC) Guidelines to allow for down payment assistance, acquisition and rehabilitation activities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Pasco City Council hereby approves the Neighborhood Stabilization Program (NSP) Plan work plan allocation as follows: Proposed Activities Budget Units Acquisition&Infill Construction Projects $ 253,000.00 2 Homebuyer Assistance (Infill and DPA) $ 77,000.00 4 Administration from PI $ 27,000.00 $ 357,000.00 6 PASSED by the City Council of the City of Pasco this day of , 2011. Matt Watkins Mayor ATTEST. APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CMC City Clerk City Attorney TOTALS FOR NSP FUNDS 2010 Downpayment Assistance Loans Amount 316 N Elm $ 10,000.00 5111 Brooklyn $ 4,489.00 1920 N 17th Ave $ 10,000.00 6507 Gehrig $ 9,258.00 4707 Pala Verde Ct $ 10,000.00 8404 Hudson Ct $ 10,o0o.0a 5413 Eisenhower Ct $ 10,000.00 $ 63,747.00 Acquisition & Rehabilitation Purchase NSP Rehab HOME Rehab 2116 N 18th Avenue $ 110,661.00 $ 11,970.00 2013 N 19th Drive $ 76,070,00 $ 28,845.00 $ 5,544.00 404 N19 th Avenue $ 82,820.00 $ 31,859.00 $ 6,344.00 Inspections & Appraisals $ 1,200.00 $ 270,751.00 $ 60,704.00 $ 23,858.00 Program Administration $ 19,141.00 Project Delivery $ 12,000.00 NSP HOME TOTAL GRANT FUNDS $ 426,343.00 $ 23,858.00 NSP FUNDS LEFT TO OBLIGATE $ AGENDA REPORT FOR: City Council Date: September 2, 2011 TO: Gary Crutch Manager Workshop Mtg.: 9/12111 Rick White, Regular Mtg.: 9/19/11 Community & l conomic Development Director �I PROM: Angela R. Pitman, Block Grant Administrator �y SUBJECT: 2010 HOME Fund Reallocation (Mr# 11GAP2011-006) 1. REFERENCES): 1. Resolution amending 2010 HOME allocations and annual work plan. 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/12/11: DISCUSSION 9/19/11: MOTION: I move to approve Resolution No. '3-5� amending 2010 HOME Arulual Work Plan Allocations. III. FISCAL IMPACT $513,308 in Federal HOME funds IV. HISTORY AND FACTS BRIEF: A. In program year 2010, the City estimated $542,000 would be available for affordable housing activities. The actual amount received totaled $513,308 resulting in a funding deficit of$28,691. B. Resolution No. 3188, approved by Council in September of 2009, allocated $297,800 to a new rental rehabilitation program. To date there is hiterest in the program but these funds have not been utilized and there are no applications pending. V. DISCUSSION: A. The City is able to use the underutilized rental rehab funds for acquisition and rehabilitation of foreclosed properties or developing vacant property. The properties could then be sold to eligible first time homebuyers. Program income froin the We could then be used for future down payment assistance or rehabilitation activities, and 5% of program income may be retained for HOME administration and planning activities. B. Due to the lack of demand for the rental rehabilitation program and program income from the sale of three infill projects, staff recommends those 2010 funds be reprogrammed. This change will result in a significant amendment to the HOME Annual Action Plan for program year 2010. Staff proposes the budgeted 2010 allocations be revised as follows: 2010 Allocations Budgeted Revised HOME Administration S 32,500 $ 29,692 First Time Homebuyer's Progi•arn $ 40,000 $ 82,309 Infill Acquisition Rehabilitation Program $ 171,700 $ 308,548 Rental Rehabilitation $ 297,800 $ 92,760 $ 542,000 $ 513,308 3(h) RESOLUTION NO. � A RESOLUTION AMENDING THE 2010 FEDERAL HOME INVESTMENT PARTNERSHIPS GRANT ANNUAL WORK PLAN ALLOCATION WHEREAS, the Program Year 2010 Annual Work Plan Allocation for federal HOME Investment Partnerships funded activities totaling an estimated $542,000 was approved by Council on September 8, 2009; and WHEREAS, the actual amount received from the annual entitlement. and program income for 2010 activities totaled $513,308 resulting in a funding deficit of 528,692, and WHEREAS, community needs have changed necessitating modification to the Annual Action Plan to reduce funded activities by $28,692, and reallocate $203,950 of underutilized funds to other acti�rities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. 2010 HOME funds received by the City of Pasco shall be reprogrammed to Community Housing Improvement Programs (CHIP) as revised below reducing the rental rehabilitation program and increasing funding to acquisition, infill construction and down payment assistance activities, with priority given to neighborhood improvement areas and low- moderate income census tracts. Resolution Revised 2010 Allocations 3187 Budget HOME Administration $ 32,500 S 29,692 First Time Honnebuyer's Program $ 40,000 $ 82,308 Inf`ill Acquisition Rehabilitation Program $ 171,700 $ 308,548 Rental Rehabilitation $ 297,800 $ 92,760 $ 542,000 $ 513,308 PASSED by the City Council of the City of Pasco this day of , 2011. CITY OF PASCO: Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CMC City Clerk City Attorney AGENDA REPORT FOR: City Council August 31, 2011 .rte TO: Gary Crutchfi ty anager Workshop Mtg.: 9x12!11 1 Regular Mtg.: 9119/11 FROM: Stan Strebel, Deputy City Manage SUBJECT: Resolution Supporting Amendments to the Energy Independence Act 1. REFERENCE(S): 1, Background Papers on HB 2124 and SB 5964 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9112: Discussion 9119: MOTION: I move to approve Resolution No, -304-3, supporting legislation narrowing the requirement for utilities to purchase renewable energy resources or credits when not needed to serve customer loads. III. FISCAL IMPACT: If Franklin PUD is required to purchase energy that it does not need, the effect will be to increase rates, with a corresponding negative impact on the local economy. IV. HISTORY AND FACTS BRIEF: A) Washington voters' approval of Initiative 937, the Energy Independence Act (EIA) in 2006, requires qualifying utilities to increase renewable cncrgy to 15% by 2020 and to undertake conservation requirements beginning in 2010. B) The EIA was not supported locally and in Eastern Washington, perhaps in large part due to its exclusion of hydropower, the source of 67% of the state's electricity, as a defined renewable energy resource, C) An unintended consequence of the EIA is that its mandates require utilities to acquire additional "renewable" power even if such power is not needed to serve customers, While Franklin PUD is currently not required, under the law (25,000 customers), to meet the renewable resources mandates. it projects that it will be within a few years. D) While successful conservation efforts and decreased demand due to the economic downturn have reduced the demand for power, it does not make sense to require utilities to purchase unneeded (more expensive, "renewable") power. Required, unnecessary purchases will negatively impact electric rates paid by the City and its residents and businesses. E) The PUD, in conjunction with Benton PUD, held a public hearing on August 23 to consider this issue. Both PUD Boards thereafter passed resolutions supporting House Bill 2124 and Senate Bill 5964 which arc designed to protect utilities from unnecessary costs for unneeded energy resources. V. DISCUSSION: A) Staff recommends COLinCll adoption of the proposed resolution. 3ti) Joint Public Hearing: Benton PUD & Franklin PUD Commissions August 23, 2011, 11:00 a.m. at Benton PUD Auditorium HOUSE BILL 2124 and SENATE BILL 5964 Support renewables and conservation. Protect customers' rates. House Bill 2124 and Senate Bill 5964 were created to revise the Energy Independence Act (EIA), and to protect utility customers by clarifying that if a utility has excess energy, the utility has the option to choose not to buy unneeded energy or renewable energy credits as required by the EIA. As a utility adds energy to meet customer needs, the new resources must meet the EIA requirements, The EIA was the result of Initiative 937 approved by voters in 2006 with the intent to increase energy conservation and renewable energy resources. It requires an electric utility with 25,000 or more customers to use eligible renewable resources to meet a portion of its load (3% in 2012, 9% in 2016, and 15% in 2020) and to acquire all cost effective conservation starting in 2010. The unintended consequence of the EIA is the renewable and conservation mandates requiring utilities to acquire additional renewable power even if additional power is not needed to serve customers - in many cases displacing clean, renewable hydropower and disincentivising energy conservation. This legislation does not change the overall intent of the EIA, but protects utilities from unnecessary additional costs and customers from unwanted and unneeded rate increases, and avoids a detrimental impact to the economy. CHALLENGES OF THE ENERGY INDEPENDENCE ACT Rate Impact: To meet the EIA requirements, qualifying utilities have to make significant investments in additional eligible renewables and increase budgets for conservation programs. These increased costs are paid forth rough utility customers' rates. Diverse Utilities: The goal should be to increase the use of renewables and conservation in the most cost effective way, recognizing the diversity of utilities in Washington. Utilities should acquire eligible renewables only as needed to serve their ratepayers. The goal should not be to encourage more production of renewables just for the sake of building them and without regard to system reliability. Struggling Economy: Since Initiative 937 passed, the economy has taken an extreme downturn, demand for energy has not grown as projected, and for many utilities has decreased, due to the poor economy and successful conservation programs. Yet utilities that do not need additional power are still required to purchase specific eligible renewable resources or credits resulting in rate increases - another detriment to the already struggling economy, In addition, Washington's eligible renewable energy mandates are more restrictive than those of neighboring states, placing Washington at a competitive disadvantage. Conservation: Successful conservation programs help offset load growth and reduce the need for generating resources. Requiring the purchase of renewables when not needed actually discourages incremental conservation -the lowest cost resource and one that is good for the environment. Revised 8.2.11 Page 1 of 2 Joint Public Hearing: Benton PUD & Franklin PUD Commissions August 23, 2011, 11:00 a.m. at Benton PUD Auditorium Background—Washington utilities are good stewards of the environment. • Electricity in Washington is already primarily renewable —64% hydro, .7% wind, .5% biomass, 4% nuclear, 17% coal, 13% natural gas, waste .3%, other .2% (Source: DOC — Sales to Washington Customers by Fuel Source 2009) • initiative 937 narrowly defined eligible renewables and excluded clean hydropower, which supplies two-thirds of the electricity in the state. The Initiative also imposed significant financial penalties for failure to meet the requirements. • Initiative 937 failed throughout eastern Washington, and narrowly passed statewide by 51.6%. House Bill 2124 and Senate Bill 5964 protect qualifying utilities from having to purchase unnecessary renewable energy resources when not needed to serve customers' loads while maintaining the voter's intent of Initiative 937, the Energy Independence Act. Revised 8.2.11 Page 2 of 2 RESOLUTION NO. T-3 A RESOLUTION of the City Council of the City of Pasco, Washington supporting House Bill 2124 and Senate Bill 5964 which narrow the requirement for utilities to purchase eligible renewable energy resources or credits when not needed to serve customer loads. WHEREAS, Initiative 937 (the Initiative), was approved by a bare majority of 'Washington voters in 2006 resulting in the Energy Independence Act (EIA), which requires qualifying utilities to incrementally increase the amount of eligible renewable resources to 15 percent by 2020 and to pursue all cost-effective conservation requirements starting in 2010; and WHEREAS, the Initiative failed in Franklin County, in neighboring Benton County, and throughout Eastern Washington; only passing statewide by 51.6 percent; and WHEREAS, many utilities" energy demands are not growing as projected or have declined due to the combination of successful conservation programs and the poor economy,; while the EIA requires qualifying utilities to purchase specific qualified renewable energy resources or renewable energy credits even if the utilities do not need additional power; and WHEREAS, the purchase of unneeded eligible renewable energy,resources or renewable energy credits will have a detrimental impact on utility budgets, by increasing customer rates and negatively affecting the economy!; and WHEREAS, House Bill 2124 and Senate Bill 5964 provide qualifying utilities the choice to avoid the purchase of unneeded renewable energy or renewable energy credits; and do not change the overall intent of Initiative 937, encouraging the use of conservation and the use of renewable energy resources; and WHEREAS, House Bill 2124 and Senate Bill 5964 will protect qualifying utilities from unnecessary-additional costs which could result in unwanted rate increases and further encumber the economy. NOW, THEREFORE,BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1, The Pasco City Council hereby supports House Bill 2124 and Senate Bill 5964. PASSED by the City Council of the City of Pasco at its regular meeting dated this day of 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council -,s Date: September 1, 2011 TO: Gary Crutcht .Y Manager Workshop Mtg.: 9/12/11 Rick White, . `-' Regular Mtg.: 9/19111 Community & Economic Development Directory } FROM: Angela R. Pitman, Block Grant Administrator� ,, f SUBJECT: 2011 Community Development Block Grant(CDBG) Annual Action Plan Amendment (MF# BGAP 2011-007 I. REFERENCE(S): I. 2011 CDBG Fund Summary and Proposal Summary—August 18, 2011 2. Resolution Amending 2011 Annual Work Plan and Allocations II. ACTION REQUESTED OF COUNCIL/ST.AFF RECOMMENDATIONS: 9)12/11 : DISCUSSION 9/19/11: MOTION I move to approve Resolution No. Z-21blarnending the CDBG Annual Work Plan and Allocations. 11l. FISCAL IMPACT Reprogram $122,000 CDBG Funds IV. HISTORY AND FACTS BRIEF: A. In accordance with the Citizen Participation Plan, changes in funding greater than 10% of the annual entitlement, or changes to the scope, purpose or Intended beneficiaries of the annual action plan requires significant amendment to the annual action plan be approved by HUD. B. On October 4, 2010 Council passed Resolution 3262 approving 2011 CDBG Program Year grant allocations and annual work plan. The approved budget of$777,840 estimated receipt $150,000 ill program income and entitlement of$600,000 in addition to prior year reallocations of$92,840. L. Program income for the 2011 CDBG program year to date, is $500, and the annual entitlement is $562,892 due to funding cuts to the CDBG entitlement program by Congress in the 2011 Budget Resolution. The resulting budget shortfall of $122,000 requires a significant amendment to the 2011 CDBG Annual Action Plan. V. DISCUSSION: A. Administrative and Public Service caps are based on percentages of the annual entitlement and program income. The Program Administration activity approved at $120,000 exceeds the maximum allowable and must be reduced to the maximum 20% allowable, $112,000, Public Service caps were not exceeded and do not require amendment. B. Other significant changes to the purpose and scope of the 2011 Annual Action Plan include cancellation of the Northeast Soccer Project due to lack of other grant funds in this program year, and reprogramming holds for payment of Special Assessments for low-moderate income households in LID #146. Remaining funds totaling $6,460 may be added to further pay down special assessments for construction of LID 0148 the target Kurtzman Park Neighborhood Improvement Plan area. Activity Increase/ Revised Decrease Budget CDBG Program Administration ($8,000.00) $112,000.00 Northwest Soccer Complex ($131,300.00) Neighborhood Improvements-Phase III $6,460.001 $341,000.00 LID#146 Special Assessments $10,000ml S10,000.00 C. Staff presented recommendations for funding revisions at the Pasco Planning Commission Meeting of August 18, 2011 for review and recommendation, and the Planning Commission recommended approval of the proposed funding revisions. 3(j) Attachment 1 2011 CDBG Fund Summary -August 18, 2011 Attachment 1 Planning Commission Meeting Page 1 Proposals-Recom mendations ID Recipients ACTIVITY 1 AGENCY NonCI)BGMatch Agency staff Staff Planning CITY COUNCIL NAME Requested Recommended Recommend Commission APPROVAL City of Pasco-Community CDBG Program so 00 $120,000.00 $120,00000 $112,000.001 1 &Economic Development Administration City of Pasco. Administrative& Civic Center-Youth $45,500.00 $20,00000 $20,000 00 $20,000.00 2 Community Services Recreation Specialist City of Pasco- Martin Luther King Administrative& Community Center $100.500.00 520.000.00 $20,000.00 $20,000.00 3 Community Services Recreation Specialist City of Pasco- Administrative& Senior Citizen's Center $200,000.00 $40,000.00 $40,000.00 $40,000.00 4 Community Services Recreation Specialist Ant-Gang Preventiontintervention $0.00 S:,355.596.00 $0.00 $0.00 5 Charity Training Center Program Pasco Downtown Pasco Downtown Development Association- Development Commercial $40,420.00 $65,000.00 $50,000.00 $50,000.00 5 SK Kitchen City of PascA-Community Downtown Fagade $27.000.00 $80.000.00 $0.00 $D.00 6 &Economic Development Improvement(1 facades) Hispanic Chamber of Downtown Facade $0,00 590,000.00 $0.00 $0.00 7 Commerce Improvement(4 fa4ades) Volunteer Chore Services $118,197.00 $6,000.00 $4,000.00 $4,000.00 8 Catholic Family Charities (12 households) $184,935 00 $100,000.00 $0.00 $0.00 9 Jenco Roads Ministries Havensafe(8 Households) Boys&Girls Club of Benton&Franklin $0.00 $99,300.00 $11,000.00 $11,000.00 10 Counties Energy Efficient Lighting City of Pasco- Administrative& $0.00 $150,000.00 $131,300.00 $0.00 11 Community Services Northeast Soccer Complex I City of Pasco- Administrative& Senior Center Kitchen $0.00 $85,000.00 $0.00 $0.00 12 Community Services Remodel City of Pasco- Administrative& Martin Luther King Center- $0.00 $65,00000 $0.00 $000 13 Community Services HVAC Replacement City of Pasco-Community $130,000.00 $48,000.00 $48,000.00 $48.000.00 14 &Economic Development lCode Enforcement Officer Neighborhood City of Pasco-Public Improvements-Phase III $300,000.00 $350,000.00 $333,540.00 $341,322.00 15 Works ( Revitalization Specialist- City of Pasco-Community Economic Project Delivery $0.00 $40,00000 $0.00 $0.00 t6 &Economic Develo meet for NRSA City of Pasco- Administrative 6 -Highland Park Street $23,655.00 $150,000.00 $0.00 $0.00 17 Communty Services Improvements City of asco- Administrative& LID#146 Special $0.00 $000 50.00 $10,000.00 18 Community Services Assessments -Projectproposed contingent onmeetin timallness ratio 1 $1,170,207.00 $2,883,886,001 $777,840,001 $656,322.00 50.40 Entitlement(2011 Actual) $ $62,982 Program Income(2011 Actual) $ 500 Prier Ypar Reallocations(2008.2009) $ 92,840 Total Funds Avallable $ 656,322 $ Prior approved activities $ 777,840 "'S URPLUSf(DEFICIT FOR BACKUP PROJECTS) ,$ (421,518) 8/1212011 RESOLUTION NO. -3544 A RESOLUTION AMENDING THE 2011 FEDERAL CDBG ANNUAL WORK PLAN AND ALLOCATIONS. WHEREAS, Resolution No. 3262 approving the Program Year 2011 Annual Work Plan for federally-funded Community Development Block Grant (CDBG) activities totaling $777,840 was passed Council on October 4, 2010; and WHEREAS, ('13130 entitlement award for 2011 CDBG activities was $562,982, and program income estimated at $150,000 was not received from a revolving loan fiend activity which resulted in a budget shortfall of$122,840; and WHEREAS, planning and administration activities funded now exceed maximum allowable which is 20% of the annual entitlement plus program income; and WHEREAS, community needs have changed since the approval of the CDBG budget creating she need for revised block grant budgets and modification to the Annual Action Plan, NOW, 'FREREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. 2011 CDBG funds received by the City of Pasco shall be reprogrammed, reducing and reallocating funds to activities shown below: Increase/ Revised Activity (Decrease) Budget CDBG Program Administration $ (8,000.00) $ 112,000.00 Northwest Soccer Complex $ (131,300.00) $ - Kurtzman Park Neighborhood Improvements - Phase III $ 6,460.00 $ 340,000.00 LID 4146 Special Assessments $ 10,000.00 $ 10,000.00 PASSED by the City Council of the City of Pasco this day of , 2011. CITY OF PASCO: Matt Watkins Mayor ATTF,ST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CMC City Cierk City Attorney AGENDA REPORT r TO: City Council September 14, 2011 4 l )FROM: Gary Crutch tanager Regular Mtg.: 9/19/11 SUBJECT: 2012 Legislative Priorities I. REFERENCE(S): 1 . 2011 Legislative Priorities 2. Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 9119: MOTION: 1 move to approve Resolution No. , declaring the city's legislative priorities for the 2012 session of the Washington State Legislature. III. FISCAL IMPACT: NIA IV. HISTORY AND FACTS BRIEF: A) The city contracts with a legislative consultant based in Olympia to monitor the state legislature session each year and to advance the city's legislative agenda accordingly. Each fall, the city provides the consultant the "legislative priorities" for the city, representing the most important of the many legislative desires of the city. Attached as Reference No. 2 is the list of priorities used during the 2011 session. Of those on the list; the ambulance utilities subsidy was satisfactorily addressed by the legislature; thus, that goal was reached and should be removed from the list for the 2012 session. V. DISCUSSION: A) Reference No. I reflects a modified list of legislative priorities, for the 2012 session. The ambulance utility subsidy goal (realized in the 2011 session) is replaced with the objective of clarifying the state marijuana laws so as to eliminate the conflicts and potential liabilities presented to local government. In addition, the continuing goal of obtaining construction funding for the Lewis Street Overpass project is updated slightly. B) Staff requests Council action so that the priorities list can be prepared and disseminated to parties of interest (including the Tri-Cities Legislative Council). 3(k) Matt.Watkins. Mayor I � T)09-l•16-6 60l6 Crary Crutchlield, City Manager C-4 PRESERVE"STATE-SHARED REVENUES" FOR CITIES: Pasco receives more than one million dollars annually from the state, categorized as "state-shared revenues' (liquor excise tax, liquor board profit, nuclear generating tax, sales tax mitigation, city/county assistance, etc.). Given the increasing difficulty of the state in balancing its budget, these payments to cities may be in jeopardy during the 2011 session;their loss would ,jeopardize delivery of imporlant local services. cza AMBULANCE UTILITY SUBSIDY: The statute which authorizes cities to operate an ambulance utility also requires the city to contribute from its general fund an amount equal to 70% of the funds that were being used to support the ambulance function in 2004; for Pasco. that amount is $420,000 annually. The statutory requirement to subsidize ambulance service with general tax dollars should be repealed, thus permitting the city to make its own decision on how much subsidy it can afford to provide for the ambulance service. ca LEWIS STREET OvrRPASs: The overpass project is a major Council priority which will require federal and state funding. The state provided $3 million in 2009, to help the city complete design and right-of-way acquisition by June 2011. The city should seek construction ('ending allocations from the state and federal government, as the $31 million project is simply beyond the means of local taxpayers. CSR GANG Ac,rIvri,y: AWC is seeking legislative authorities for cities to combat gang activity in their communities as well as funding for gang intervention and prevention activities. Communities see the need for legislation to clarify that "gang houses" are a nuisance and can be abated,just as houses of prostitution are already defined as nuisances and can be abated. Doing so would remove the tenants from the house; thus, removing from the immediate neighborhood a serious threat to its viability and safety. ca BINDING ARBITRATION LAW: Police and fire personnel are guaranteed binding arbitration under state law (in lieu of the right to strike). While arbitration can be an appropriate form of contract resolution disputes, the current Statutory language obligates the arbitrator to give paramount consideration to what "comparable departments" are paying, rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent at least half of the total general fiend expenditures:. cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services. Modification of the arbitration statute to "level the field' would better balance the interests of the taxpayer with those of uniformed employees. 1 ca PuBt,IC RFCORDs REFORM: Support reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Statutory reform is needed to: provide cost reimbursement. require "meet and confer" process to reduce abuse and avoid legal conflicts; as well as other reforms to assure public records requests are not used as harassment. Ca ELE(;TION OF JUDGES: The 13ureau for Judicial Administrations perennial effort to require that all judges (including part-time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed judges are a threat to the administration of justice. In fact, requiring election of all judges would be very problematic for part-time courts, particularly in smalL and rural communities found throughout eastern Washington. Pasco should continue to join other cities to oppose mandatory election of municipal court judges. RESOLUTION NO. 33�9_ A RESOLUTION declaring the city's legislative priorities for the 2012 session of the Nk'ashington State Legislature. WHEREAS, the Washington State Legislature conducts its annual legislative session during the first few months of each calendar year; and WHEREAS, the City of Pasco, as a municipal corporation and subdivision of the state, can be substantially affected by the actions of the legislature; and WHEREAS, over the past several years, the city has contracted with a legislative consultant to assist its effort to monitor and influence actions of the state legislature so as to minimize negative consequences of new legislation as well as to realize legislative action that will benefit the majority of Pasco citizens; and WHERAS, the City Council desires to identify its legislative priorities for the 2012 legislative session so they can be provided to state legislators prior to commencement of the next legislative session; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the legislative objectives stated herein below constitute the priorities of the City of Pasco for the 2012 legislative session. PRESERVE "STATE-SITARED REVENUES" FOR CITIES: Pasco receives more than one million dollars annually from the state, categorized as "state-shared revenues" (liquor excise tax, liquor board profit, nuclear generating tax, sales tax mitigation, city/county assistance, etc.,). Given the increasing difficulty of the state in balancing its budget, these payments to ities may be in jeopardy during the 2012 session; their loss would jeopardize delivery of important local services. • LEW'IS STREET OVERPASS: The overpass project (which replaces a 1937 railroad underpass on a former state highway) is a major Council priority which will require federal and state funding,, as the $30 million construction cost is simply beyond the financial capacity of local taxpayers. With prior aid from the state, the city has acquired all necessary right-of-way and completed design of the new structure and is now "shovel ready." The City must seek construction funding allocations from the state and federal governments to make this essential replacement project a reality. GANG ACTIVITY: AWC is seeking legislative authorities for titles to combat gang activity in their communities as well as funding for gang intervention and prevention activities. Communities see the need for legislation to clarify that "gang houses" are a nuisance and can be abated,just as houses of'prostitution are already defined as nuisances and can be abated. Doing so would remove the tenants from the house; thus, removing from the immediate neighborhood a serious threat to its viability and safety. • BINDING ARBITRATION LAND►-: Under state law, police and fire personnel are guaranteed binding arbitration for wages and benefits (in lieu of the right to strike). While arbitration can be an appropriate fbrai of contract resolution disputes, the current statutory language obligates the arbitrator to give paramount consideration to what `comparable departments" are paying., rather than the ability of the particular employer to absorb the additional cost. Police officers and firefighters collectively represent about half of total general fund expenditures. cost impositions beyond the city's fiscal capacity can have severe consequences on other important city services and, in some cases, may even hamper public safety, Modification of the arbitration statute to "level the field" would better balance the interests of uniformed employees with those of the taxpayer. PuBI.iC RECORDS REFORM: Support reform to statutes governing public records requests. While the city recognizes the need for and benefits of transparency and accountability in government, all too often the right to obtain public records is abused and extraordinary public costs are absorbed by cities. Statutory reform is needed to: provide cost reimbursement; require "meet and confer" process to reduce abuse and avoid legal conflicts; as well as other reforms to assure public records requests are not used as harassment, • ELECTION OF JUDGES: The Bureau for .ludicial Administration's perennial effort to require that all judges (including part-time) be elected will again require involvement of cities. Appointed judges are equally qualified professionally and there is no compelling evidence that appointed ,judges are a threat to the administration of justice. In fact, requiring election of all judges would be very problematic for part-time courts. particularly in small and rural communities found throughout eastern Washington. Pasco Should continue to Join other cities to oppose mandatory election of municipal court j udges. MARIJUANA LAws: The conticting array of current federal and state laws regulating the possession and use of marijuana create very real contusion for citizens and potential liabilities as well for local governments. The state legislature should refine its marijuana laws so as to avoid conflict with federal law and/or indemnify local governments for compliance with conflicting state laws relating to marijuana. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the city's 2012 legislative priorities. PASSED by the City Council of the City of Pasco at its regular meeting this day of .._—. 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra Clark Leland B. Kerr City Clerk City Attorney 2012 Legislative Priorities Page 2 GENERAL FUND OPERATING STATEMENT THROUGH AUGUST 2011 YTD 2011 % OF YTD TOTAL % OF 2011 ORIGINAL ANNUAL 2010 2010 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,390,305 6,000,000 56.5% 3,513,388 5,850,000 60.1% SALES 5,889,354 8,225,000 71.6% 5,544,063 7,700,000 72.0% UTILITY 5,238,315 7,560,000 69.3% 5,262,989 7,615,000 69.1% OTHER 797,692 1,015,000 78.6% 784,054 1,015,000 77,2% LICENSES & PERMITS 1,276,951 1,052,650 121.3% 1,318,362 1,020,200 129,2% INTERGOV'T REVENUE 1,321,326 1,632,200 81.0% 1,164,748 1,710,017 681% CHARGES FOR SERVICES 2,277,712 3,007,750 75.7% 1,766,087 2,807,220 62.9% FINES & FORFEITS 599,283 971,600 61.7% 505,937 927,700 54.5% MISC. REVENUE 513,999 634,200 81.0% 473,380 734,700 64.4% OTHER FINANCING SOURCES 69,497 100,000 69.5% 399,791 472,790 84.6% TOTAL REVENUES 21,374,435 30,198,400 70.8% 20,732,799 29,852,627 69.5% BEGINNING FUND BALANCE 9,414,299 6,000,118 9,860,107 6,000,000 TOTAL SOURCES 30,788,734 36,198,518 85.1% 30,592,906 35,852,627 85.3% =XPENDITURES: CITY COUNCIL 70,341 118,040 59.6% 81,610 116,525 70.0% MUNICIPAL COURT 808,555 1,275,150 63.4% 819,384 1,267,353 64.7% CITY MANAGER 596,124 915,410 65.1% 574,069 889,415 64.5% POLICE 7,243,739 11,284,368 64.2% 7,027,963 10,827,443 64.9% FIRE 2,717,867 4,193,418 64.8% 2,737,575 4,369,024 62.7% ADMiN & COMMUNITY SVCS 3,956,522 5,595,700 70.7% 3,621,354 5.409,423 66.90/0 COMMUNITY DEVELOPMENT 664,795 1,101,400 60.4% 694,355 1,035,931 67.0% ENGINEERING 844,854 1,193,280 70.8% 698,668 1,136,332 61.5% MISC. NON-DEPARTMENT 2,102,234 3,545,360 59.3% 2,804,541 4,330,406 64.8% LIBRARY 890,768 1,148,880 77.5% 810,809 1,300,875 62.39A TOTAL EXPENDITURES 19,895,799 30,371,006 65.5% 19,870,329 30,682,727 64.8% ENDING FUND BALANCE 10,892,935 5,827,512 10,722,577 6,000,000 TOTAL EXPEND& END FUND BAL 30,788,734 36,198,518 30,592,906 36,682,727 AVAILABLE CASH BALANCE 10,131,493 8,943,629 PERCENTAGE OF BUDGET ALLOCATED FOR 8 MONTHS 67% These statements are intended for Management use only, 6(b) ACENDA REPORT FOR: City Council Date: September 1, 2011 TO: Gary Crutchf ` Manager Workshop Mtg.: 9/12/11 Regular Mtg.: 9/19/11 FROM: Rick White, Community & Economic Development Director qp SUBJECT: Franklin County Affordable Housing Interlocal Agreement F#AORMT201 1-012) 1. REFERENCE(S): 1. July 15, 2011 letter from Benton Franklin Counties Department of Human Services, Franklin County Affordable Housing Interlocal Agreement 2. Draft Interlocal Cooperation Agreement and Bylaws I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/12/11: DISCUSSION 9/19/11: MOTION: I move to approve the Interlocal Cooperation Agreement with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering HB 2060 generated surcharge funds for housing programs and, further, authorize the Mayor to sign the Agreement. Ill. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. In April 2002, the State Legislature approved Substitute House Bill (HB) 2060 which authorized a $10.00 surcharge for certain recorded documents. The "Affordable 14ousing for All Surcharge" is to be used for eligible housing activities that serve extremely low and very low income households. B. RCW 36.22.178 directs 60% of the funds collected to be retained by the county where the funds were collected, 5% of which may be used for collection, administration and local distribution charges. The remaining 40% is remitted to the Washington State Department of Commerce. C. The previous Interlocal Agreement with Benton Franklin Community Action Committee expired on December 31, 2010. Under the agreement, the City utili`red funds totaling $150,000 to assist three extremely low income households with rehabilitations. V. DISCUSSION: A. Under the terms of the attached Interlocal Agreement, Benton Franklin Counties Department of Human Services would begin to administer and monitor the agreement on behalf of the County. Upon execution of the agreement, an RFP will be issued for members to propose eligible activities in their communities. B. A Surcharge Oversight Committee composed of nine (9) representatives is to be appointed by the member Cities and Franklin County and will discharge its duties in accordance with Operating Bylaws (Exhibit A). Up to a maximum of four representatives may be appointed by Pasco consistent with the prior agreement, The term of the agreement is five (5)years from the date of execution. C. Recommendations of the committee are presented to the Franklin County Board of Commissioners to make final funding decisions. if the cornmissioners vote contrary to the recommendation of the committee they must support that decision with Findings. 10(a) BENTON AND FRANKLIN COUNTIES DEPARTMENT OF HUMAN SERVICES July 15, 2011 Mayor Matt Watkins City of Pasco 5251;. 3`8 Avenue Pasco, WA. 993 01 Re: Franklin County Affordable Housing Interlocal Agreement Dear Mayor Watkins: As stated in the letter sent to you by Robin Callow on January 27,2011 the previous interlocal agreement with Community Action Committee(BFCAC)expired on December 31,2010.As a result,Franklin County has determined that the bi-county government agency, the Benton and Franklin Counties Department of Human Services with its Housing Program,will begin to administer and monitor this agreement on behalf of the County. The Dept.of Human Services has been working closely with the Franklin County Prosecuting Attorney's Office on a new Interlocal Agreement and the final draft is currently at the Prosecuting Attorney's Office. As you may be aware, funds for the 2060 Affordable Housing agreement are from document recording fees,dependent up on the local economy. For the last few years, the 2060 Steering Committee comprised of delegates from each of the cities which will remain the same standard for the upcoming agreement. Once the new Interlocal Agreement have been reviewed and signed, the process may move forward with funding recommendations made by the Steering Committee to the Franklin County Board of Commissioner's for dispersal. DHS would like to be prepared to release a Request for Funding Proposal application by the first of October 2011. Please review the enclosed Interlocal document, sign,and return the last page to the Department of Human so that we may proceed to the next step. Please do not hesitate to contact me if you have any further questions on this process at Sincerely, - Tracy Diaz Deputy Administrator Department of Human Services CC Ed"nornbrugh Fred Bowen 7102 WEST OKANOGAN PLACE, SUITE 201 + KENNEWICK, WA 93336 PHONE(509) 783-5284 +FAX(509) 783-5981 WTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN ,AND: THE CITY OF CONNELL, THE CITY OF KAHLOTUS, THE CITY OF MESA, AND THE CITY OF PASCO ADMINISTERING !FUNDS GENERATED THROUGH THE AFFORDABLE HOUSING FOR ALL SURCHARGE, RCW 36.22.178 This Interlocal Agreement, hereafter referred to as "AGREEMENT', is entered into between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY", with its principal offices located at 1016 North 4t' Avenue, Pasco, Washington, 99301; the City of Connell, a municipal corporation with its principal offices located at 104 E. Adams Street, Connell, Washington 99326; the City of I`ahlotus, a municipal corporation with its principal offices located at E. 130 Weston, Kahlotus, Washington, 99335; the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 59343; and the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Masco, Washington, 99301; hereinafter collectively referred to as "CITIES'. WHEREAS, the Washington State Legislature passed Substitute House Bill 2060 (SBH 2060) during the 57t' Legislative session which became effective on ,Tune 13, 2002 and was codified as RCW 36.22.178; WHEREAS, RCW 36.22178 directs a ten dollar surcharge, named the "Affordable Housing for All Surcharge,' (hereinafter "the Surcharge") on certain documents recorded with the County Aijditors office for the purpose of providing funds for affordable low-income housing; WHEREAS, RCW 36.22.178 directs that of the funds collected under the Surcharge, five percent (5%) may be retained by the COUNTY to compensate for the collection, administration and local distribution of the funds, forty percent (40%) of the remaining shall be remitted to the Washington State Department of Commerce and the remaining 60 percent (60%) be retained by the COUNTY; WHEREAS, the portion of the Surcharge retained by the COUNTY shall be allocated to eligible housing activities that serve extremely low and very low- income households in the COUNTY and the CITIES according to an Interlocal Agreement between the COUNTY and the CITIES consistent with county wide and local housing needs and policies; WHEREAS, the parties are authorized to enter into such agreements by virtue of Chapter 39.34 RCW, the Interlocal Cooperation Act; WHEREAS, this Agreement is entered into by the COUNTY under the authority of RCW 36.32.120, RCW 36.22.178, and Chapter 43.185C RCW; and WHEREAS this Agreement is entered into by the CITIES under authority of RCW 35.22,178 and Chapter 43.1850 RCW. I ai 9 NOW, THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by and between the COUNTY and CITIES as follows: Sec. 1. Purpose: The purpose of this Agreement shall be to provide for the collection, administration, and allocation of the COUNTY retained portions of the Affordable Housing for All Surcharge, RCW 36.22.178. Sec. 2. Parties: The parties to this Agreement shall be Franklin County, the City of Connell, the City of Kahlotus, the City of Mesa, and the City of Pasco. Sec. 3. Terre: This Agreement shall be for five (5) years from the date of execution unless any parry elects to terminate the Agreement pursuant to the termination clause of this Agreement. Renewal of this Agreement shall be by separate written agreement of the parties. Sep: 4. Administration: Recommendations for the allocation of COUNTY retained portions of the Surcharge shall be made by the Surcharge Oversight Committee (hereinafter "Committee"). All Committee members shall be elected or appointed officials, directors or employees of the respective government entity which they represent. Each member shall serve at the pleasure of the legislative body appointing them to the position, and their terms shall not be limited or restricted in any other fashion. The Committee shall discharge its duties pursuant to the terms of the Operating Bylaws attached as Exhibit A and hereby adopted by reference. The members of the Committee may change provisions of the Operating Bylaws by majority vote so long as such changes are not contrary to law or to this Interlocal Agreement. All recommendations of the Committee shall be presented by the Administrator of the Benton and Franklin Counties Department of Human Services (hereinafter "DHS") to the Franklin County Board of Commissioners, who shall, by majority vote, make final funding decisions. If the Franklin County Board of Commissioners votes in a manner contrary to recommendations by the Committee, tften findings, on the record, shall be made to support such a contrary vote. (a) The Committee shall be composed of the nine (9) representatives to be appointed by the Cities and Franklin County. More specifically: 1. The County Administrator for Franklin County or designee, 2. The City of Pasco shall appoint a minimum of one (1) up to a maximum of four (4) representatives, 3. The Cities of Connell, Kahlotus, and Mesa shall each appoint one (1) representative each to the Committee for a total of three (3), 4. The Administrator of DSHS or designee, as a non-voting member ex officio. 2 The DHS shall be responsible for the administrative aspects of managing the COUNTY retained portions of the Surcharge. These responsibilities shall include any and all tasks associated with the funding source up to and including but not limited to: managing the Interlocal Agreement, application, and Request for Proposals {RFP} processes, providing technical assistance to interested applicants, administrative support to the Oversight Committee during the process of applicant screening and selection, administration of contracts necessary for selected projects, and contract compliance oversight and monitoring for selected projects. The initial 5% of the surcharge perinitted to be retained by COUNTY for administrative purposes shall be allocated to DHS to help defray its expenses, including salaries of employees, necessary in carrying out its responsibilities under this paragraph. All awarded funds shalt be disbursed pursuant to an appropriate contract between the award recipient and COUNTY. Such a contract shall ensure that the awarded funds are used solely for purposes permitted by RCW 36.22.178 and shall provide mechanisms for COUNTY to recover the awarded funds if they are misused. See. 5. No Separate entity or Joint Property: This Agreement does not provide for or authorize any of the t`ollowing: a. the acquisition, holding, or disposal of property other than the funds collected hereunder; b. the financing of any joint or cooperative undertaking; C. the creation of any separate legal entity; d. the creation of any right or privilege which may be claimed by any third party not party this Agreement; Sec. 6. Hold Harmlesslindemnification, Each party agrees to be responsible tor, and assume liability for, its own wrongful and negligent acts or omissions, or those of its officers, agents or employees to the fullest extent allowed by law, and agrees to hold harmless, indemnify, and defend the other parties from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party; and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties. See 77. GaveMing Law and Venue: This Agreement has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and agreed by each signatory party hereto that this Agreement shall be governed by the laws of the State of Washington and any applicable Federal lays and regulations both as to interpretation and performance. Any action: hereunder musi be brought in the Superior Court of Washington in and for the Couniy of Franklin unless either party determines that a Federal forum is appropriate to the issues raised. Sec. 88. Termination: Notwithstanding any other provision of this Agreement, any party may terminate this Agreement effective January Ist of any given year by giving written notice of intent to ten-ninate by July 'ist of the preceding year, with the termination io beco-ne effective no earlier than January ist of the following year. Such notice of tern aination shall be by appropriate action of the elected governing body of the Eenninatinq party and shall be provided to all parties subject to this Agreement. A party 3ofs may not terminate this Agreement if doing so will be contrary to State law at the time of the intended termination, or if terminating will cause the signatories to this Agreement, or any one of them, to be in violation of State law. Sec. 9. Notice: Any formal notice or communication to be given under this agreement shall be deemed properly given, if personally delivered, of if mailed postage prepaid and addressed: T o: Franklin County To: City of Mesa Attn: County Administrator 103 F=ranklin Street 1016 North 4`h Avenue Post Office Box 146 Pasco, Washington 99301 Mesa, Washington 99343 To: City of Connell To: City of Pasco 104 E. Adams Street 525 North Third Frost Office Box 1200 Pasco, Washington 99301 Connell, Washington 99326 To: City of Kahlotus E. 130 Weston Post office Box 140 Kahlotus, Washington 99335 See. 10. No Agency: The parties and their employees or agents performing under this Agreement are not deemed to be employees, officers, or agents of the other parties to this Agreement. Sec. 11. Record Keeping: Records shall be kept by the Benton and Franklin Counties Department of Human Services, sufficient to document all activities, actions and decisions made by the parties pursuant to this Agreement. This Agreement does not impose any obligation on individual parties to keep any records beyond what they are required to keep by law. Sec. 1,2. Assignment: No parties to this Agreement shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder. Sec. 13, Amendments or Modifications. This Agreement may be amended, altered, or changed in any manner by the mutual written consent of all parties. If any proposed amendment cannot be agreed to by all of the parties, then the proposed amendment shall not be made and the parties shall conduct their business pursuant to this Agreement as if such proposed amendment was not proposed. See.X14. Waiver: No waiver by any party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of anyF subsequent breach, whether of the same or a different provision of this Agreement. •E of e Sec. 15. severability: If any of the provisions contained in this Agreement are held illegai, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Sep,. 16 Filing: Copies of this Agreement shall be filed -with the Franklin County Auditor and the Secretary of State after execution of this Agreement by all parties. Sec. 17. Counterparts: This Agreement may be executed by facsimile and in any nui-nber of current pans and signature pages hereof with the same affect as if all parties to This Agreement had all signed the same document. All executed current pmts shall be construed together, and shall, together with the text of this Agreement, constitute one and the same instrument. Sic. IS. Effective: This Agreement shall become effective upon approval by all of the ;parties and recording with the Franklin County Auditor. Dated this day of , 2011. BOARD OF COh4€LIiISSIONERS, FRANKLIN COUNTY,WASHINGTON Chair lViers`t w Member Attest: Approved as to Form: f _) 2 Clerk of the Board De"PragecWng Aftorrrey 5 ofQ CITY OF CONNEt_t_ Gary Walton, Mayor Atte-st, Title: Approved as to Form: Title: 6of9 Cl','Y OF KAHLOTUS Patricia Hamilton, Mayor /"Alazt: f itie: Approved as to Form: Title: ?of9 ::t`�°�' OF MESA David Ferguson, Mayor "Vest: Title: Approved as to Form: Title: 8of9 CITY OF PASCO Matt WaUdn., Mayor i�tlL�t. Title- Approved as to Form: Title: 9of9 EXHIBIT A to SHB 2060 - Interlocal Agreement_ Operating Bylaws for Interlocal Agreement Franklin County Oversight Committee AFFORDABLE HOUSING FOR ALL FUND Introduction The provisions of Substitute House Bill 2060 became law in Washington State on June 13, 2002 and was amended in 2007 by House Bill 1359. This law, codified as RCW 36.22.178, created a document recording surcharge (hereinafter "Surcharge") on certain documents to be utilized for low-income housing for those individuals with incomes at or below fifty percent (50%)of the average area median income. E2SHB 1359 added language to the legislation that a priority for these funds be given to eligible housing activities that serve extremely low-income households with income at or below thirty percent (30%) of the area median income. The SHB 2060 fund enables housing to be affordable to a broader range of very low-income households than would be possible without such subsidies. Administration of the fund is shared between local governments and the State. The local portion of 2060 funds is to be administered pursuant to an Interlocal Agreement between the County and the Cities within the County and is entitled the "Affordable Housing for All f=und" (hereinafter the "Housing f=und"). A. Statutory Guidelines for Fund Dispersal RCW 36.22.178, as amended by House Bill 1359(2007), provides the following parameters on the allocation of that portion of the Surcharge which is retained by the County: "(2) The funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for eligible housing activities as described in this subsection that serve very low-income households with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very low-income households in the county and the cities within the county according to an interlocal agreement between the county and the cities within the county consistent with countywide and local housing needs and policies. A priority must be given to eligible housing activities that serve extremely low-income households with incomes at or below thirty percent of the area median income. Eligible housing activities to be funded by these county funds are limited to: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy units; b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income households with incomes at or below fifty percent of the area median Exhibit A Attachment to SHB 2060 1 Interlocal Agreement Franklin County income, and that require a supplement to rent income to cover ongoing operating expenses; (c) Rental assistance vouchers for housing units that are affordable to very low-income households with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development's section 8 rental assistance voucher program standards; and d) Operating costs for emergency shelters and licensed overnight youth shelters." B. Funs[ Availability On an annual basis the Benton and Franklin Counties Department of Human Services (DHS) shall on behalf of the Oversight Committee (hereinafter"Committee), publish a Request for Proposals (RFP) through its established methods. This notice will set forth the amount of funds available by category; the duration of funds to be awarded or distributed; the deadline for submission of funding applications; and any other pertinent information related to the competitive process and or decisions. •*e Applications will be distributed to all parties requesting them and be collected for consideration of funding awards. •:• The application format for funding from the Housing Fund shall be the same as is used by the State of Washington, Housing Trust Fund or subsequently modified version(s) containing the same detailed information. C. Eligible Recipients •:• Eligible recipients of the funding from the Housing Fund shall be certified non-profit agencies or providers of affordable housing, Cities, Towns, the County, and for-profit developers. D. Housing Fund Distribution The funds shall be included in the annual NOFA process addressing the categories of need enumerated herein: 1. The acquisition, rehabilitation and/or new construction of housing projects or units within housing projects that serve clients who have incomes at or below 50% of the Median income, based on current HUD income guidelines for the Benton and Franklin Counties - Metropolitan Statistical Area (MSA). 2. Operating and maintenance costs for housing that is in compliance with RCW 36.22.178. [Applicants shall be strongly encouraged to apply to the Washington State Department of Commerce for these dedicated funds if the project is submitting an application to the Housing Trust Fund as well as for local funds.] Exhibit A 2 Attachment to SHB 2060 Interlocai Ag,eeme A Franklin County 3. Rental Assistance vouchers for housing projects or units within housing projects that are at or below 54% of median based on the current HUD income guidelines for the Benton and Franklin Counties MSA and administered by a local housing authority or other local organization that has an existing or newly created HUD recognized rental assistance voucher program consistent with HUD Section 8 unless the project is serving homeless persons, or persons at risk for homelessness, or households below thirty percent(3091o) of the area median income; and 4. Operating costs for emergency shelters and licensed overnight youth shelters that are in compliance with RCW 36.22.178 and WAC 388-160. E. Availability of Applications: (Tentative Program Dates) Applications Available: August Apelications Due: October Application Review _ _ October Committee Review of Successful Applicants November Decisions announced by: December Funds Available": January** **(After Contracts/Agreements have been approved and signed), F. Reporting Requirements: Recipients of the funding from the Surcharge shall provide quarterly updates and annual reports detailing their use of funds on a format acceptable to the Benton and Franklin Counties Department of Human Services. The Department shall in turn provide a written report detailing the uses to which the funds were put and disseminate the same to members of the Committee on an annual basis, or as requested by Committee members. G. Terms and Conditions of Funding: •: Funding generally should not be awarded for predevelopment funding purposes except where a majority of the committee finds special and compelling reasons why predevelopment funding is of particular benefit in a particular case. In such cases, funding shall not be made unless a majority of the committee enters or adopts specific factual findings that demonstrate the benefits presented by the predevelopment funding. Such factual findings shall be retained in the official records of Committee proceedings kept on behalf of the Committee by DHS, and shall be available for public inspection or copying pursuant to the Public Records Act, RCW 42.56 et seq, as then existing. Funding commitments from the Housing Fund can be made but commitments from other sources shall be obtained prior to disbursement of funds from the Housing Fund. Applicants must obtain funding commitments within 2 years, unless the Steering Committee elects to waive this requirement having been petitioned by the applicant due to a financially minor project proposal. Exhibit A Attachment to SHB 2060 3 Interlocal Agreement Franklin County Terms and conditions of funding, consistent with state and federal laws shall be implemented into funding contracts which shall, at a minimum, state the allowable purposes for the funding, provide for complete cooperation by the recipient with oversight and audits by the Benton and Franklin Counties DHS, repayment terms, if any, and applicable time lines and time frames for use of funds. Such contracts shall be by and between Franklin County and the recipient and no funds may be disbursed prior to the execution of such contracts. For purposes of this provision, the incurring of costs by a potential recipient, with the expectation that such costs will be defrayed by funding, constitutes disbursement of funds. All projects shall be evaluated for the ability to repay the investment of the Affordable Housing funding. The evaluation shall be based on the information provided in the application such as overall agency budget, amount of matching or leveraged funds, and amount of funding requested versus total project development costs. Projects shall not rely solely upon Affordable dousing funds for completion. Funding applicants shall be thoroughly reviewed and screened by the Committee with the assistance of DHS, and factors, bearing on the applicant's suitability for funding of this nature, shall be considered in addition to the amount of funding and the nature of the project. Information necessary to consider such factors may be obtained directly from funding applicants by way of application forms or similar documents, or by other such background investigation as Committee members see fit. Such factors shall include, but need not be limited to: •:• Experience and capacity of applicant for affordable housing projects; Whether or not applicant has defaulted on any provision of affordable housing related loans or grants in the past, including paying "opt out" or"buy out" penalties to avoid a default in any project in order to avoid keeping such project"affordable"for a given period of time. Such applicants generally should be disqualified, absent compelling reasons why they are the only appropriate funding recipient for a necessary project. •:• The fiscal strength of the applicant to include a review of recent fiscal audits, ability of the agency to leverage additional funds, and creditworthiness; •'r Reputation, experience and fiscal strength of any major partners; Terms and conditions of funding shall be reduced to a written contract, to be executed between Benton and Franklin DHS on behalf of Franklin County and the funding recipient. Such written contract shall, at a minimum,address the following: Minimum period of time which the funding recipient must maintain the anticipated project in "affordable" status. This period of time shall be determined by the Committee an a project by project basis with guidance and recommendations provided by the director of Benton and Franklin DHS or designee; Time frame for construction/rehabilitation and subsequent occupancy; Exhibit A Attachment to SHB 2060 4 Interlocal Agreement Franklin County ❖ Number and type of units to be made available as "affordable" units; On a project-by-project basis,the Committee shall determine the best funding vehicle to utilize so as to conserve the renewability of the funding, discourage misuse of funds, encourage geographic and jurisdictional equity, and abide by the intent of the authorizing statute. These vehicles include, but are not limited to: 0% interest loans, grants, and providing matching funds to qualify an applicant for funding from another government or private source; H. Measurement System for Allocating Revenue: The funding available in each round shall be determined by the amount collected in the fund on the month ending prior to application availability less any prior funding commitments. I. Default by Housing Fund Recipient: All funding contracts shall have a mechanism by which Franklin County may recover any misappropriated or misused funds, along with an agreed upon amount of liquidated damages to compensate for consequential damages which may include the opportunity cost and time value of the money misappropriated or misused. K. Geographic Equity: The Committee shall be responsible for making certain that funds are distributed in a manner that provides long-term geographic equity. The overall intent is to insure overtime that all areas of Franklin County receive appropriate levels of funding through this initiative where possible. L. Subsidy Per Unit: The amount of funding per housing unit shall be set by the Benton and Franklin County Department of Human Services at a rate consistent with rates employed by other similar fund sources within the surrounding geographic area and best available information from local and federal resources. A unit shall be defined as a single-family home or a single apartment of any size in a multi-family complex. For example, a single-family duplex would be considered two (2) units. M. Project Monitoring: The Benton and Franklin Counties Department of Human Services shall monitor all projects and associated funding contracts for compliance with the funding terms and conditions Exhibit A Attachment to SHB 2060 5 Interlocal Agreement Franklin County