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HomeMy WebLinkAbout2012.08.06 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance August 6, 2012 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 further 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 July 16, 2012.. 2. Minutes of the Special Pasco City Council Meeting dated July 23, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $2,162,849.31 ($273,708.24 in the form of Electronic Fund Transfer Nos. 10679, 10758, 10802, 10813 and 10824; and $1,889,141.07 in the form of Wire Transfer Nos. 1222, 1223; 1226, 1227, 1228, 1230 and 1231; and Claim Warrants numbered 188713 through 188992). 2. To approve Payroll Claims in the amount of $2,195,195.03, Voucher Nos. 44354 through 44569 and 80170 through 80179; and EFT Deposit Nos. 30053207 through 30053798. (c) Appointment to Regional Hotel/Motel Commission: 1. Agenda Report from Gary Crutchfield, City Manager dated July 18, 2012. 2. Letter from Tri- Cities Hotel and Lodging Association dated July 12, 2012. 3. Section 5, Interlocat Agreement for Tri-City Regional Tourism Promotion Area. To reappoint Vijay Patel (Holiday Inn Express) to a two -year term on the Tri- Cities Regional Hotel/Motel Commission, term to expire 8/31/14. (d) US Cellular First Addendum to Communication Site License Agreement: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 9, 2012. 2. Vicinity Map. 3. First Addendum to Communication Site License Agreement. 4. Original Agreement. To approve the First Addendum to Communication Site License Agreement with US Cellular to install additional antennas on the Road 68 water reservoir and, further, authorize the Mayor to sign the Addendum. (e) Professional Services Agreement with Shannon & Wilson — Linda Loviisa: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 20, 2012. 2. Vicinity Map. 3. Professional Services Agreement. To approve the Professional Services Agreement with Shannon & Wilson authorizing engineering services not to exceed $37,000.00 for Linda Loviisa Irrigation Well and, further, authorize the Mayor sign the agreement. *(t) Resolution No. 3414, a Resolution accepting work performed by Valmont Northwest, Inc., under contract for the Process Water Reuse Facility Irrigation Circle Replacement Project No. C7 -SR- 2R- 12 -01. 1. Agenda Report from Reuel Klempel, Plant Operations Manager dated July 23, 2012. 2. Resolution. To approve Resolution No. 3414, accepting the work performed by Valmont Northwest, Inc., under contract for the Process Water Reuse Facility Irrigation Circle Replacement Project No. C7- SR- 2R- 12 -01. Regular Meeting 2 August 6, 2012 *(g) Resolution No. 3415, a Resolution accepting work performed by Construction Ahead (dba Pavement Surface Control), under contract for the 2012 Crack Sealing Project No. M3- OV -3R- 12-01. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 31, 2012. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3415, accepting the work performed by Construction Ahead (dba Pavement Surface Control), under contract for the 2012 Crack Sealing Project No. M3- OV -3R- 12 -01. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from the City Council for "Yard of the Month," July 2012. 1. Trinidad and Esperanza Gonzales, 404 N. Cedar Avenue 2. Barbara Rogers, 1108 Road 36 3. Kari Rickenbach, 5012 Monrovia Lane 4. Fernando Maldonado, 4104 Hayden Lane (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from the City Council for "Business of the Month Appearance Award" for July 2012. 1. Pasco Worker Care, 1500 W. Court Street 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. 4066, an Ordinance relating to Zoning and Amending PMC Title 25 dealing with Secondhand Stores in C -1 and CBD Zoning Districts. 1. Agenda Report from Rick White, Community & Economic Development Director dated July 31, 2012. 2. Proposed Ordinance. 3. Planning Commission Report dated 7/20/12. 4. Planning Commission Minutes dated 7/26/12. 5. Goodwill Letter of Support for Original Planning Commission Recommendation. MOTION: I move to adopt Ordinance No. 4066, amending Title 25 dealing with secondhand stores in C -1 and CBD Zoning Districts and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, Repealing PMC 3.07.020(E) "Misc. Fees" and amending 8.02.320 "Potentially Dangerous and Dangerous Animals." 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated July 24, 2012. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , repealing PMC 3.07.020(E) "Misc. Fees" and amending 8.02.320 "Potentially Dangerous and Dangerous Animals" and, further, authorize publication by summary only. Regular Meeting 3 August 6, 2012 (c) Ordinance No. , an Ordinance of the City of Pasco, Washington, Amending Ordinance No. 3968, Authorizing the Initiation of a Petition for Condemnation of Real Property Necessary for the Construction of the Lewis Street Overpass. 1. Agenda Report from Stan Strebel, Deputy City Manager dated July 9, 2012. 2. Notice to Property Owners. 3. Proposed Ordinance Amending Ordinance No. 3968. 4. Map of Affected Properties. MOTION: I move to adopt Ordinance No. , amending Ordinance No. 3968 which authorizes the acquisition of real property necessary for the construction of the Lewis Street Overpass and, further, authorize publication by summary only. (d) Ordinance No. , an Ordinance of the City of Pasco, Washington Amending Section 16.06 "Utility Service Requirements for Building Permits." 1. Agenda Report from Rick White, Community & Economic Development Director dated July 31, 2012. 2. Proposed Ordinance. 3. Chart of Proposed Fee Applicability. 4. Examples of Fee Applicability. MOTION: I move to adopt Ordinance No. , amending Title 16 dealing with utility service requirements for development permits and, further, authorize publication by summary only. (e) Ordinance No. , an Ordinance of the City of Pasco, Washington, Amending Section 1.02.080 "Penalties" Establishing the Maximum Amount of Civil Infractions. 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated July 19, 2012. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. amending Section 1.02.080 "Penalties," establishing the maximum amount for civil infractions and, further, authorize publication by summary only. (f) Resolution No. , a Resolution Approving the Capital Improvement Plan for Calendar Years 2013 -2018. 1. Agenda Report from Gary Crutchfield, City Manager dated July 19, 2012. 2. Proposed Capital Improvement Plan 2013 -2018 (provided in Council packets on July 9, 2012; copy available for review in the City Manager's office, Pasco Library and on the City's website at www. pasco- wa.eov /citycouncilreports). 3. Revised "Project Description" for "Pivots Expansion" page 55 in CIP Binder. 4. Proposed Resolution. MOTION: I move to approve Resolution No. _, adopting the Capital Improvement Plan for fiscal years 2013 -2018. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Award LID #149 - Kurtzman Park Area 3, Project No. C5- ST- 3A- 12 -61: 1. Agenda Report from Mike Pawlak, City Engineer dated July 26, 2012. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the LID #149 - Kurtzman Park Area 3 Project to Inland Asphalt Company in the amount of $651,884.65, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. (b) Powerline Road Design: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 18, 2012. 2. Vicinity Map. 3. Professional Services Agreement. MOTION: I move to approve the Professional Services Agreement with HDJ Design Group authorizing professional services with respect to the Powerline Road Design, not to exceed $77,257.25 and, further, authorize the Mayor to sign the agreement. (c) Reject Bids for 41h Avenue Corridor (Court Street to I -182), Project No. C2- 10- 06 -STR: 1. Agenda Report from Mike Pawlak, City Engineer dated July 18, 2012. 2. Vicinity Map. 3. Bid Summary. MOTION: I move to reject all bids for the 40' Avenue Corridor (Court Street to I -182) Project in as much as all of the bids received significantly exceeded the Engineer's Estimate and approved project budget. Regular Meeting 4 August 6, 2012 *(d) Reject Bids for Process Water Reuse Facility Treatment System Optimization and Capital Improvements, Project No. C7- SR- 1A- 12 -01: 1. Agenda Report from Mike Pawlak, City Engineer dated July 31, 2012. 2. Vicinity Map. 3. Bid Summary. MOTION: I move to reject all bids for the Process Water Reuse Facility Treatment System Optimization and Capital Improvements Project in as much as all of the bids received significantly exceeded the Engineer's Estimate and approved project budget. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) ICtl!\ 111111113C1u1a1 `�IfM (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File 4...... Q Quasi- Judicial Matter REMINDERS: 1:30 p.m., Monday, August 6, KGH — Emergency Medical Services Board Meeting. ( COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 7:00 a.m., Thursday, August 9, Smith's, Walla Walla — BFCG Tri -Mats Policy Advisory Committee Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 7:00 p.m., Thursday, August 9, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 16, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yenney. Excused: Saul Martinez. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief; Mike Pawlak, City Engineer and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated July 2, 2012. (b) Bills and Communications: To approve General Claims in the amount of $1,389,215.18 ($104,516.31 in the form of Electronic Fund Transfer Nos. 10535, 10536, 10557, 10569, 10571, 10603 and 10648; and $1,284,698.87 in the form of Wire Transfer Nos. 1224 and 1225; and Claim Warrants numbered 188496 through 188712). 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 $251,433.54 and, of that amount, authorize $176,271.65 be turned over for collection. (c) Meter Reading Contract: To approve the contract for meter reading services with Columbia Meter Reading, Inc., and, further, authorize the Mayor to sign the contract documents. MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Hoffmann and Ms. Francik reported on the BFCG Tri -Mats Policy Advisory Committee meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Rezone Appeal (MF #Z2012 -001): R -1 and C -1 to R -3 on N. Charles Avenue (Pasco Family Housing). MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING OPEN. Council and staff discussed the record. MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING CLOSED. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 16, 2012 Ordinance No. 4064, an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located in Block 2 and 3, Whitehouse Addition from R -1 (Low Density Residential) and C -1 (Retail Business) to R -3 (Medium - Density Residential) with a Concomitant Agreement. MOTION: Ms. Francik moved to adopt Ordinance No. 4064, rezoning the property from R -I and C -1 to R -3 with a concomitant agreement as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Garrison seconded. Motion failed by the following Roll Call vote: Yes — Watkins, Francik, Garrison. No — Yenney, Hoffmann, Larsen. MOTION: Mr. Yenney moved to remand the rezone back to the Planning Commission to reconsider height requirements, with specific concern of the single family homes along Charles Ave. There was no second. MOTION: Mr. Larsen moved to remand the rezone back to the Planning Commission to reconsider height requirements, with specific concern of the single family homes along Charles Ave. Mr. Yenney seconded. Motion failed by the following Roll Call vote: Yes — Yenney, Francik, Larsen. No — Watkins, Garrison, Hoffmann. Council concurred to reconsider this item at a future meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4065, an Ordinance of the City of Pasco, Washington, setting monetary penalties for Park Code infractions in PMC 9.48. MOTION: Ms. Francik moved to adopt Ordinance No. 4065, setting monetary penalties for Park Code Infractions and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4066, an Ordinance Relating to Zoning and Amending PMC Title 25 Dealing with Secondhand Stores in C -1 and CBD Zoning Districts. MOTION: Ms. Francik moved to adopt Ordinance No. 4066, amending Title 25 dealing with secondhand stores in C -1 and CBD Zoning Districts and, further, authorize publication by summary only. Mr. Garrison seconded. MOTION: Mr. Yenney moved to amend the motion to include the CR Zoning District in the Ordinance. Mr. Larsen seconded. Motion failed by the following Roll Call vote: Yes — Larsen, Yenney, Hoffmann. No — Watkins, Francik, Garrison. Original Motion failed by the following Roll Call vote: Yes — Watkins, Francik, Garrison. No — Hoffmann, Larsen, Yenney. MOTION: Mr. Garrison moved to remand the rezone back to the Planning Commission for further analysis on secondhand stores in the CR Zoning District. Mr. Yenney seconded. Motion carried by the following Roll Call vote: Yes — Garrison, Hoffmann, Larsen, Yenney. No — Watkins, Francik. MOTION: Ms. Francik moved to have Planning Commission consider the purpose of the CR Zoning District. Mr. Garrison seconded. Motion carried 5 -1. No — Hoffmann. Resolution No. 3412, a Resolution endorsing the Road 68 Corridor Study. MOTION: Ms. Francik moved to approve Resolution No. 3412, supporting the recommendations in the Road 68 Corridor Study which include improvements from Argent Road to Powerline Road. Mr. Garrison seconded. Motion carried unanimously. MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 16, 2012 Resolution No. 3413, a Resolution approving a Rivershore Linkage and Amenity Plan. MOTION: Ms. Francik moved to approve Resolution No. 3413, adopting the Rivershore Linkage and Amenity Plan. Mr. Garrison seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:06 p.m. for approximately 30 minutes to discuss Collective Bargaining Strategy and Proposals with the City Manager. Mayor Watkins called the meeting back to order at 8:29 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:29 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 6`h day of August, 2012. MINUTES SPECIAL MEETING PASCO CITY COUNCIL JULY 23, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Saul Martinez, Matt Watkins, Robert Hoffmann, Tom Larsen and Al Yenney. Staff present: Gary Crutchfield, City Manager; Lee Kerr, City Attorney; Stan Strebel, Deputy City Manager; Rick White, Community & Economic Development Director; Rick Terway, Administrative & Community Services, Ahmad Qayoumi, Public Works Director and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEM — CLOSED RECORD HEARING: Rezone Appeal (MF #Z2012 -001): R -1 and C -1 to R -3 on N. Charles Avenue (Pasco Family Housing): MOTION: Ms. Francik moved to adopt Ordinance 4064 *, rezoning the property from R -1 and C -1 to R -3 with a concomitant agreement as recommended by the Planning Commission and, further, to authorize publication by summary only. Mr. Garrison seconded. ( *Ordinance No. 4064 inadvertently was read into the record as ordinance No. 4066) Mayor Watkins explained the item and motion were continued for further discussion from the July 16th City Council meeting. Council discussion continued. Motion failed 3 — 4. No — Martinez, Larsen, Hoffinann and Yenney. Council discussion continued. MOTION: Mr. Yenney moved to direct staff to prepare Findings of Fact regarding single story structure height on property agreement on the west side of Charles Avenue and still maintain all other concomitant terms. Mr. Martinez seconded. Council discussion continued. AMEND MAIN MOTION: Mr. Larsen moved to direct staff to create Findings of Fact regarding impact on the school district. Motion to Amend Main Motion failed due to lack of a second. Main Motion failed 3 — 4. No — Watkins, Francik, Garrison and Hoffmann. Council discussion continued. MOTION: Mr. Yenney moved to remand the item back to the Planning Commission with instructions to review single story structures on Charles Avenue and prepare Findings of Fact for Council consideration. Mr. Martinez seconded. Council discussion continued. 3(a).2 MINUTES SPECIAL MEETING PASCO CITY COUNCIL JULY 23, 2012 AMEND MAIN MOTION: Mr. Larsen moved to direct staff to analyze the full financial impact on the school district. Mr. Hoffmann seconded. Motion to Amend Main Motion voice vote failed 2 — 5. No — Garrison, Martinez, Watkins, Yenney and Francik. Main Motion passed 6 — 1. No — Watkins. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:50 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 6th day of August, 2012. 2 CITY OF PASCO Council Meeting of. August 6, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington the undersi hereby certify under penalty of perjury that the materials have been furnished, the noes re ered or thA labor performed as described herein and that the claim is a just, due and unpaid oy6ation against he city and that we are authorized to authenticate and certify to said claim. LW4 Dunyele Ma n, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 6th day of August, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 188713 - 188992 In The Amount Of: $1,889,141.07 Electronic Funds Transfers: 1222,1223,1226 1227,1228,1230 -31 In The Amount Of: $ 273,708.24 Electronic Funds Transfers: 10679,10758,10802 (Journal Entries) 10813,10824 Combined total of $2,162,849.31 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECON DEV & INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 1,475.67 4,739.50 8,606.27 170,134.29 36,707.39 185,977.47 2,431.16 3,991.23 50,767.21 94,221.14 559,051.33 13,228.99 0.00 0.00 151.41 0.00 0.00 20,252.00 8,081.91 15,020.82 42,068.90 701,739.23 43,079.14 9,752.30 221,652.12 0.00 306,697.97 0.00 37,246.97 0.00 49,905.00 0.00 $ 2,162,849.31 August CITY OF PASCO Payroll Approval The City Council City of Pasco Franklin County, Washington rims against the City of Pasco for the month of our review and approval. Council Meeting of August 6, 2012 ZLI:iievices Rick Terway, A nistrat8, Commu Director We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 44354 through 44569 and 80170 through 80179 and EFT deposit No's. 30053207 through 30053798 and City contributions in the aggregate amount of $2,195,195.03 are approved for payment on this 6th day of August 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND: 44,520.41 Legislative $ 7,872.97 Judicial 82,319.49 Executive 67,255.84 Police 595,232.44 Fire 278,680.26 Administrative & Community Services 390,716.30 Community Development 88,430.55 Engineering 100,839.62 TOTAL GENERAL FUND 1,611,347.47 CITY STREET 44,520.41 BLOCK GRANT 4,492.59 HOME CONSORTIUM 1,294.14 NSP 260.44 MARTIN LUTHER KING CENTER 5,987.03 AMBULANCE SERVICE FUND 167,066.52 CEMETERY 15,664.49 ATHLETIC FUND 3,434.94 SENIOR CENTER 15,371.21 STADIUM OPERATIONS 0.00 MULTI -MODAL FACILITY 0.00 BOAT BASIN 55.60 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER /SEWER 290,181.76 EQUIPMENT RENTAL - OPERATING 28,097.31 OLD FIRE PENSION FUND 7,421.12 GRAND TOTAL ALL FUNDS $ 2,195,195.03 Payroll Summary Net Payroll 1,022,599.77 Employee Deductions 605,733.95 Gross Payroll 1,628,333.72 City of Pasco Contributions 566,861.31 Total Payroll $ 2,195,195.03 ME AGENDA REPORT TO: City Counc* y July 18, 2012 FROM: Gary CrutchfieTtReAggioyno anager Workshop Mtg.: 7/23/12 Regular Mtg.: 8/6/12 SUBJECT: Appointment l Hotel /Motel Commission I. REFERENCE(S): 1. Letter from Tri- Cities Hotel and Lodging Association dated July 12, 2012 2. Section 5, Interlocal Agreement for Tri -City Regional Tourism Promotion Area II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/23: Discussion 8/6: MOTION: I move to reappoint Vijay Patel (Holiday Inn Express) to a two -year term on the Tri- Cities Regional Hotel/Motel Commission; term to expire 8/31/14. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The TPA is an organization formed as authorized by state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri - Cities, all hotels /motels within the boundaries of the three cities are required to collect from users of their facilities the fee of $1.50 for each room night used. That fee is remitted by each of the hotels /motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long- standing 2% hotel /motel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission. B) The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal Agreement. The Commission consists of six voting members; two appointed by each of the three cities from nominees offered by the Tri -City Hotel Lodging Association. Any vacancy is to be filled by the respective city from a list of nominees offered by the Association. C) The Tri- Cities Hotel Lodging Association recommends, as evidenced by the July 12 letter, that Vijay Patel (manager of the Holiday Inn Express) be reappointed. V. DISCUSSION: A) Mayor Watkins recommends that City Council appoint Mr. Patel as recommended by the Tri- Cities Hotel Lodging Association, without interview. 3(c) Tri- Cilies Kom E LWo" bwaaaa P.O. Box 1739 Richland, WA 99352 July 12, 2012 Mr. Gary Crutchfield Third Floor 525 N. Third Ave Pasco, WA 99301 Dear Mr. Crutchfield: Pasco City Hall RECEIVED JUL 18 2012 City Manager's Office This letter is in reference to the Pasco TPA Commissioner position, currently held by Vijay Patel from the Holiday Inn Express. Mr. Patel's term expires August 31, 2012 and he is eligible for re- election. The Tri- Cities Hotel & Lodging Association has nominated Vijay Patel to continue to serve and additional two year term as a TPA Commissioner to represent the City of Pasco. General Manager Amy Reed from the Holiday Inn Pasco was nominated as the alternate candidate. If you have any questions regarding this issue, please do not hesitate to contact me at 509 - 942 -9400. sociation Cc Kris Watkins —President CEO Tri- Cities Visitors & Convention Bureau Tourism Promotion Area 5. Creation of Tri -City Regional Hotel -Motel Commission. A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130 (1), the Tri -City Regional Hotel and Motel Commission ( "Commission ") to advise the Cities on the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the Tri -City region. B. The Commission shall consist of six (6) voting Members and three (3) ex officio Members. Two voting members shall be selected by the Kennewick City Council from a list of nominees prepared by the Tri -City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be selected by the Pasco City Council from a list of nominees prepared by the Tri -City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Pasco. Two voting members shall be selected by the Richland City Council from a list of nominees prepared by the Tri -City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Richland. In no event shall fifty percent (50 %) or more of the voting membership of the Commission be selected from the same Lodging Ownership or Management Company within the Tri -City Regional Area. The City Manager or his or her Designee from each of the three Cities shall serve as an ex officio member. All Commission members, voting and ex officio may participate in all discussions regarding proposed activities and programs by the Tri -City Regional Tourism Promotion Area for promotion and marketing of tourism. Ex officio members shall not have voting rights, except in the event of a tie vote among the voting members at which time, each ex officio member may cast a vote to break the tie. Any vacancy on the Tri -City Regional Hotel and Motel Commission shall be filled by the appointing City, from a list of nominees prepared by the Tri -City Hotel and Lodging Association for voting memberships within thirty (30) days from the date the vacancy occurs. C. It is understood and agreed that the initial voting members of the Commission shall serve staggered terms, with one member serving a one -year term and the second member serving a two -year term. The length of the term for each individual voting member of the initial Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting members subsequently appointed to the Commission shall serve a term of two years. No voting member shall serve more than two consecutive terms as a Member of the Commission unless such subsequent term is separated by at least twelve (12) months from the last date of service as a Member of the Commission. A Member may be removed from the Commission by three - fourths (3/4) affirmative vote of the Commission for actions deemed to be adverse to the interest of the Commission. Such actions may include unexcused absences from three meetings of the Commission within a twelve (12) month period; failure to perform assigned duties and responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding and replacement voting members shall be selected by each City as provided above for the selection of the initial voting members of the Commission. AGENDA REPORT NO. 09 / 1 FOR: City Counc' July 09, 2012 \v TO: Gary Crutchfie ; City Manager t FROM: Ahmad Qayoumli, Public Works Director Workshop Mtg.: 07/23/12 Regular Mtg.: 08/06/12 SUBJECT: US Cellular First Addendum to Communication Site License Agreement I. REFERENCE(S): 1. Vicinity Map 2. First Addendum to Communication Site License Agreement 3. Original Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 07/23: Discussion 08/06: MOTION: I move to approve the First Addendum to Communication Site License Agreement with US Cellular to install additional antennas on the Road 68 water reservoir, and further, authorize the Mayor to sign the Addendum. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2006, the City approved the Communication Site License Agreement with US Cellular to install six antennas on the new and old water reservoirs. V. DISCUSSION: A) US Cellular has submitted a request to install three (3) additional telecommunication antennas on the Road 68 water reservoir. B) US Cellular has agreed to pay an initial one -time license fee of $6,667 for capital infrastructure and a monthly license fee of $1,500 per month. 3(d) M, -, m a IL a ��ro Recorded at the Request of: City of Pasco 525 North 3rd Pasco WA 99301 FIRST ADDENDUM TO COMMUNICATION SITE LICENSE AGREEMENT WITH USCOC OF RICHLAND, INC. BY THIS ADDENDUM dated this _ day of July, 2012, amending that Communication Site License Agreement dated June 5, 2006 ( "Agreement "), between the City of Pasco ( "Licensor "), and USCOC of Richland, Inc. ( "Licensee "). WHEREAS, Licensor has received a request from the Licensee for the colocation of three (3) additional telecommunication antennas on the Road 68 elevated storage reservoir which is the Premises of the Agreement; and WHEREAS, Licensee has submitted a structural analysis report prepared by B &T Engineering demonstrating the structural integrity of the site to support the additional requested antennas, a copy of which is attached hereto as Exhibit A, if constructed in accordance with the construction drawings attached hereto as Exhibit B, upon which the City, as Licensor, is relying; and WHEREAS, Licensee and Licensor have reached an agreement in regard to amending the Agreement to accommodate the additional colocation in accordance with the following terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. Consent for Additional Collocation of Antennas. Licensor does hereby grant Licensee a nonexclusive license for the additional colocation of three (3) antennas to the Premises. Such consent is granted in reliance upon the assurances of the structural analysis which are attached to this Agreement as Exhibit A and conditioned upon the installation in accordance with the specifications as contained in Exhibit B. Section LA of the Agreement shall be amended to read: First Addendum to Communication Site License Agreement- 1 "A. Antennas. Quantity of 9; 3 antennas at 3 separate locations on the perimeter of the storage reservoir pedestal. Tentative azimuths are 40 °, 120 °, 2600." 2. Additional Consideration. Section 5. License Fees of the agreement shall be amended to include the following as the second paragraph in said section: Upon the effective date of the First Addendum to this agreement and as additional consideration for the colocation of the additional three (3) telecommunication antennas: A. Licensee agrees to pay to Licensor the sum of $6,667, as a one -time initial license fee, and; From and after the effective date of the Addendum, the monthly license fee shall be $1,500 per month for each month or any fractional portion of a month; payable and adjusted as otherwise provided for in this section. 3. Remaining Terms. All remaining terms and conditions of the Agreement not inconsistent herewith, shall remain in full force and effect. 4. Effective Date. This Addendum shall take full force and effect on the day of , 2012, and shall continue during the remainder of the renewal term as provided in Section 4 of the Agreement ending on June 5, 2016. IN WITNESS WHEREOF, the parties have entered into this Addendum effective as of the effective date above. LICENSOR: LICENSEE: City of Pasco USCOC of Richland, Inc. I.W. Name: Title: Date: Tax ID: First Addendum to Communication Site License Agreement - 2 By: Name: Title: Date: Tax ID: STATE OF WASHINGTON) I.XYI County of Pasco On this day personally appeared MATT WATKINS, Mayor of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2012. Print Name Notary Public in and for the State of Washington Residing at My Commission Expires: STATE OF ss. County of On this day personally appeared , , of USCOC of Richland, Inc., to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2012. Print Name Notary Public in and for the State of Washington Residing at My Commission Expires: First Addendum to Communication Site License Agreement - 3 Recorded at the Request of: City of Pasco 525 North 3rd Pasco WA 99301 �-RIG-I'N'A­'L C4 RECEIVED Srr 2 9. J6 PUBL!C V•.`IKS AD5`,!N. COMMUNICATION SITE LICENSE AGREEMENT (Water Tower Location) THIS COMMATION SITE LICENSE AGREEMENT ( "Agreement ") dated this 5 day of , 2006, between CITY OF PASCO, a Washington Municipal Corporation, hereinafter referred to as "Licensor ", and USCOC of Richland, Inc., a Washington corporation, an FCC Licensed Wireless Phone Company, hereinafter referred to as "Licensee." For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Communication Site. Licensor is the owner of real property legally described as follows: (insert legal description) upon which is located a municipal water tower generally located at the site of a new Road 68 Elevated Storage Reservoir ( "Premises ") which, as an auxiliary use, is available to serve as a platform at the space designated thereon by the City for the nonexclusive location of telecommunication antennas. Licensor does hereby grant a nonexclusive license, subject to the terms of this Agreement, for Licensee's location of a telecommunication base station operation upon such water tower on a space allocated by the City the following installation: A. Antennas. Quantity of 6; 2 antennas at 3 separate locations on the perimeter of the storage reservoir pedestal. Tentative azimuths are 40 °, 120 °, 2601. B. Antenna Elevation. Approximately 100' from grade to the center of the antennas. C. Antenna Finish. Painted to match exterior color scheme of pedestal. Communication Site License Agreement - 1 D. Antenna Cabling. Extend coaxial cables from the equipment building to each antenna. E. Cabling Route. Attach cable tray support for cable runs to the interior wall of the pedestal. Licensee shall use existing conduits built into the pedestal and tower. Cable may be run on the exterior of the existing reservoir only. F. Access Drive. The driveway providing access from the City access way to the site shall be paved with asphalt. G. Equipment Building. An exposed aggregate equipment building shall be located upon ground space of approximately 20' x 30' feet as designated by Licensor. H. Utilities. UG electrical and telephone service feeds to the equipment building. I. Fencing. Chain link encompassing the equipment building. 2. Due Diligence Option. q Check if Applicable (Initial Acceptance) Upon election as evidenced by the check above and payment of the Option Fee of One Thousand Dollars ($1,000), Licensee shall have for a period of 365 days, from the date of this Agreement ( "Due Diligence Period ") within which to inspect the Premises, to secure all necessary licenses, permits and all other necessary governmental approvals, and to conduct other Due Diligence activities deemed necessary or appropriate at Licensee's sole discretion for its intended use of the Premises. Licensee shall only be permitted to enter the Premises for the limited purpose of making appropriate engineering and location surveys, inspections, and other reasonably necessary investigations, as well as signal, topographical, structural and environmental tests that Licensee may deem necessary to determine the feasibility of the Premises for continued use. In the event, Licensee determines, during the Due Diligence Period, that the Premises are not appropriate for Licensee's intended use, or if for any reason, Licensee decides not to commence its occupation of the Premises, the Licensee shall then have the right to terminate this Agreement without penalty upon written notice to the Licensor at any time prior to the expiration of the Due Diligence Period. Licensor and Licensee expressly acknowledge and agree that Licensee's access to the Premises during the Due Diligence Period shall be solely for the limited purposes of performing the investigations described above, and Licensee shall be solely responsible for the conduct of its agents and employees thereon to ensure no damage or interference with other Licensees upon the Premises, and shall defend, indemnify and hold Licensor harmless from all damages, injuries or causes of action of whatsoever nature resulting from the Licensees presence upon the Premises. 3. Use. The Premises may be used by Licensee for any lawful activity in connection with the provisions of wireless communication services, including without limitation, the transmission Communication Site License Agreement - 2 and reception of radio and microwave communication signals and the construction, maintenance and operation of related communication facilities. Licensee, at its sole expense, shall secure all necessary licenses, permits and all other necessary governmental approvals for its intended uses of the Premises. Licensor shall, cooperate with Licensee in providing the necessary information for the completion of such applications, required licenses, permits and approvals. 4. Term. The term of this Agreement shall be for a period of five (5) years commencing upon the date ( "Effective Date ") the Licensee gives written notice to the City of its exercise of its Due Diligence Option as provided in Section 2 above, which shall occur no earlier than fifteen (15) days from the date of written notice from the City of availability for access to the site by the Licensee, and no later than the expiration date of the Due Diligence Option period provided in Section 2 above. This license may be earlier terminated as provided herein, or as otherwise modified by mutual agreement of the Parties. Licensee shall have the right to extend its license for an additional five (5) successive five (5) year renewal terms on the same terms and conditions set forth herein, except for license fee payments as provided in paragraph 5 below which will be determined by mutual agreement of the parties. This Agreement may be automatically extended for such successive renewal terms conditioned upon the Licensee's faithful performance of the terms and conditions of this Agreement unless Licensee notifies, in writing, Licensor of its intent not to renew its license no less than thirty (30) days prior to the commencement of the succeeding renewal term. 51 License Fees. Licensee shall pay to Licensor: (a) an one -time initial license fee of Twenty Thousand Dollars ($20,000); and (b) the license fee of Seven Hundred Fifty Dollars ($750.00) per month for each month or any fractional portion of a month from the effective date of this license, and Seven Hundred Fifty Dollars ($750.00) per month from the first day of each month hereafter during the original terminating renewal terms of this license. Rents are payable to Licensor at 525 North 3rd, Pasco, Washington 99301. In the event of Licensee's renewal of this Agreement, the monthly license fee for the initial renewal period and each successive renewal period thereafter, shall be increased by an amount equal to the cumulative change in the Consumer Price Index experienced during the prior term. "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers, All Items, U.S. City Average, 1982 -84 = 100 (U.S. Department of Labor, Bureau of Labor Statistics). If the said Consumer Price Index ceases to be published, then a reasonably comparable index shall be used. In the event any payment required under this Agreement is not paid within thirty (30) days of the date due, this failure shall constitute a default of this Agreement, a late fee in an amount equal to five percent (5 %) of the delinquent fee, shall be assessed and the balance shall accrue interest at the rate of 12% per annum until paid in full. 6. Improvements. Licensee shall provide Licensor, in advance of construction, plans and specifications for Licensee's Improvements and related facilities to be located upon the Premises for Licensor's prior approval, which approval shall not be unreasonably withheld. Communication Site License Agreement - 3 Upon such approval, Licensee shall have the right to construct, maintain, install, repair, secure, replace, remove and operate on the Premises, radio communication facilities, including but not limited to utility lines, transmission lines, ice bridge(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas, and equipment to be located upon a municipal water tower; and air conditioned equipment shelters, power generator and generator pad, and supporting equipment and structures thereon to be located within the equipment building located upon the ground space referenced above ( "Licensed Facilities "). In no event shall antennas, dishes, or other reception devices be located upon the equipment building. (Licensee Facilities "). In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises, so long as it does not impair or interfere the use of the Premises by other licensees, for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Licensee's construction and installation work shall be performed in accordance with the plans and specifications approved by the Licensor and at Licensee's sole cost and expense in a good and workmanlike manner conforming with all FCC rules and regulations. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee and shall not be considered fixtures. Licensee has the right to remove the Licensee Facilities on or before the expiration or the earlier termination of this Agreement, and Licensee shall promptly repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Licensee shall remove the Licensee Facilities from the Premises returning those portions of the Premises to a clear, graded and in good condition. Upon loss of governmental licensing or abandonment of the Licensee's Facilities resulting in Licensee failing to conduct communication operations at the site for six (6) months or longer, Licensee shall immediately remove the Licensee Facilities at its sole expense. Licensee shall maintain its portion of the Premises in a clean, secure and in a condition free of accumulation of weeds and debris. Licensee shall design and construct its facilities in such a manner as to withstand seismic, ice and wind loads and grass fire hazards as may be reasonably expected to affect the Premises. 7. Access and Utilities. 7.1 Licensor shall provide to Licensee, Licensee's employees, agents, contractors, subcontractors and assigns with access to the Premises, including keys for locking gates and barriers, twenty -four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensor grants Licensee, and Licensee's agents, employees and contractors, a non - exclusive right of entry for pedestrian and vehicular ingress and egress to the Premises upon easements held by the Licensor and on the Premises for Licensee's site. Following the completion of construction, the Licensee shall not be permitted access upon a water tank, or within a water tank, without being accompanied by a City employee. Licensee shall maintain the security of the Premises by locking all gates upon completion of their entry. 7.2 Licensor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under Communication Site License Agreement - 4 normal weather conditions. Licensor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways. 73 Licensee shall pay for the electricity it consumes in its operations as charged by the local utility provider. Licensee shall have the right to draw electricity and other utilities from the existing utilities on the Premises or obtain separate utility service from any electric utility provider that will provide service to the Premises, including a standby power generator for Licensee's exclusive use. In connection therewith, Licensor hereby grants to the local telephone, power and utility companies (as appropriate) non - exclusive rights to locate, construct, install, operate, maintain, repair, alter, extend, and/or remove cables and lines on, over and across a portion of the Licensor's Premises as necessary or desirable therefore. Licensor agrees to sign such documents or easements, at no cost to Licensee or the utility companies, as may be required by said utility companies to provide such service to the Premises. Any easements or rights necessary for such power or other utilities will be at locations reasonably acceptable to Licensor and the servicing utility company. 8. Interference. Licensee shall operate Licensee Facilities in compliance with all Federal Communications Commission ( "FCC ") requirements including those prohibiting interference to communications facilities of Licensor or other licensees of the Premises, provided that the installation and operation of any such facilities predate the installation of the Licensee Facilities. Subsequent to the installation of the Licensee Facilities, Licensor will not, and will not permit its licensees to, install new equipment on or make any alterations to the Premises, if such modifications are likely to cause interference with Licensee's operations. In the event interference occurs, Licensor agrees to use best efforts to eliminate such interference in a reasonable time period. 9. Taxes. Licensee shall pay any personal property taxes assessed against Licensee Facilities and Licensor shall pay when due, all real property taxes and other taxes, fees and assessments attributed to the Premises. 10. Termination. 10.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof other than the payment of any required fee, by the other party, which default is not cured within (60) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within a thirty (30) day period, and the defaulting party has commenced to cure the default during that period and diligently pursues the cure to completion. 10.2 This Agreement may also be terminated by Licensee without further liability on thirty (30) days prior written notice: (i) if Licensee is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Licensee from installing, removing, replacing, maintaining or operating the Licensee Communication Site License Agreement - 5 Facilities or using the Premises in the manner intended by Licensee; (ii) if Licensee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Licensee otherwise determines, within its sole discretion, that it will be unable to use the Premises for Licensee's intended purpose. 11. Destruction or Condemnation. If the Premises or Licensee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to the Licensor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. Insurance; Subrogation; and Indemnity. 12.1 Licensee shall provided Commercial General Liability Insurance providing for bodily injury, death and property damage in a combined single limit of not less than One Million Dollars and No Cents ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of the Licensee, its employees, and agents arising out of or in connection with the Licensee's use of the Premises. Licensor shall be named as an additional insured on Licensee's policy of insurance, and Licensee shall provide Licensor a Certificate of Insurance evidencing coverage required by this paragraph within thirty (30) days of the Effective Date of this Agreement. Licensor shall be notified by Licensee or its insurer of any cancellation, termination or the lapse of any policy required herein within thirty (30) days prior to the termination of the coverage. 12.2 Licensor and Licensee hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first -party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 12.3 Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses ") arising from the indemnifying parry's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Premises. The duties described in this Paragraph 12.3 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 13. Assignment. Licensee may not assign or otherwise transfer all or any part of its interest in this Agreement or Licensee's Facilities without the prior written consent of the Licensor; provided, however, that Licensee may assign its interest to a parent company, any subsidiary or affiliate or to any successor in interest or entity acquiring fifty -one percent (51 %) or more of the stock or assets, subject to any financing entities' interest, if any, in this Agreement as set forth in Communication Site License Agreement - 6 paragraph 14(b) below, or in connection with the transfer of Licensee's FCC authorization to operate a commercial mobile radio base station at the site. Licensor may assign this Agreement upon written notice to Licensee subject to the Assignees assuming all of Licenser's obligations herein, including but not limited to those set forth in paragraph 14 below. Licensee shall not sublicense or permit the use by others of any portion or all of Licensee's site to one or more entities for communication or other uses without the written consent of the Licensor, which consent shall not be unreasonably withheld. Licensee shall inform, in writing, the Licensor of its intent to sub - license additional site users. If Licensee fails to inform Licensor, Licensee shall be responsible for all accruing license fees and common area maintenance fees, including interest thereon at the rate of one percent (1 %) per annum, together with all costs incurred by Licensor including attorneys' fees necessitated by the assignment. Licensee shall, however, have full rights to mortgage, pledge, hypothecate or otherwise assign this License and Licensee's Facilities to any financing entity or agent on behalf of any financing entity security to Licensee (i) has obligation for borrowed money or in respect of guarantees thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, banker's acceptances and similar security instruments or guaranties. 14. Waiver of Licensor's Lien. (a) Licensor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Licensee's Facilities or any portion thereof, and for the purposes of this Agreement are conclusively construed as Licensee's personal property and not fixtures. (b) Licensor acknowledges that Licensee may have entered into or may enter into financing arrangements, including Promissory Notes, Security Agreements and Financing Statements for the financing of the Licensee's Facilities with a third party financing entity. In connection therewith, Licensor (i) consents to the installation of Licensee's Facilities subject to security interests; (ii) disclaims any interest in Licensee's Facilities, its fixtures or otherwise; (iii) agrees that the Licensee, or any entity holding a security interest therein, may remove Licensee's Facilities at any time without recourse to legal proceeding. Licensee, nor any financing entity granting a security interest in Licensee's Facilities shall have any right to claim any interest in real property by lien or by permissive possession other than as provided in this Agreement. 15. Title and Ouiet Eniovment. Licensor represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Licensee may peacefully and quietly enjoy the Premises and such access thereto, provided that Licensee is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Licensor to enter into this Agreement and allow the Licensee to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Licensor's Premises, and (iv) the Premises and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 16. Environmental. As of the Effective Date of this Agreement: (1) Licensee hereby represents and warrants that it shall not use, generate, handle, store or dispose any Hazardous Materials in, on, under, upon or affecting the Premises in violation of any applicable law or regulation, and (2) Licensor hereby represents and warrants that (i) it has no knowledge of the Communication Site License Agreement - 7 presence of any Hazardous Materials located in, on, under, upon or affecting the Premises in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Licensee from governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Premises; (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Materials, in, on, under upon, or affecting the Premises in violation of any applicable law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against all losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this paragraph by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Licensee, from operations in or about the Premises by Licensee or Licensee's agents, employees or contractors, and in the case of Licensor, from the ownership or control of or operations in or about, the Premises by Licensor or Licensor's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this paragraph shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Materials" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by- products, flammable explosive, radioactive materials, asbestos in any form, polychlorinated biphenyls and other substance or material which constitutes a threat to health, safety, Premises or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 17. Notices. All notices, requests, demand and other communication hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next - business -day delivery by nationally recognized overnight carrier to the following addresses: If to Licensor: City of Pasco Attn: Robert Alberts 525 North 3rd Pasco WA 99301 Telephone: (509) 545 -3444 Fax: (509) 543 -5757 With a copy to: Leland B. Kerr Paine, Hamblen, Coffin, Brooke & Miller, LLP 7025 West Grandridge Blvd., Suite A Communication Site License Agreement - 8 Kennewick WA 99336 Telephone: (509) 735 -1542 Fax: (509) 735 -0506 If to Licensor: US Cellular Attn: Real Estate 8410 West Bryn Mawr Avenue, Suite 700 Chicago, IL 60631 Telephone: (773) 864 -3150 Fax: (773) 399 -4206 With a copy to: Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 18. Marking and Lighting. Licensee shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ( "FAA ") and the FCC. Should Licensee be cited because its Facility is not in compliance and should Licensee fail to cure the condition of noncompliance, Licensor may either terminate this Agreement or proceed to cure the conditions of noncompliance at Licensee's expense, which amounts shall be assessed against Licensee together with interest at the rate of one percent (1 %) per annum. 19. Miscellaneous. 19.1 For the purposes of this Agreement, time shall be of the essence. 19.2 In the event of a dispute concerning the breach, interpretation, or enforcement of this Agreement, the party deeming themselves aggrieved, shall immediately notify the other for the purposes of meeting in a good faith attempt to resolve the dispute. In the event the parties are unable to promptly resolve the dispute, the disputes shall be construed under the laws of the State of Washington, and the substantially prevailing party shall be awarded its attorney's fees and costs. 19.3 If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to the persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Communication Site License Agreement - 9 19.4 This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 19.5 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first written above. LICENSOR: By: Name: _ (0)ncm_ Title: rd`4CS f Date: d411 % /0� Tax I.D.: Communication Site License Agreement - 10 LICENSEE: USCOC of Richland, Inc. By: / <Cf' e Name: Ice, -I / - acme Title: Date: Tax I.D.: A— 44tJg(1 STATE OF WASHINGTON ss. County of Pasco On this day personally appeared JOYCE OLSON, Mayor of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. under my hand and official seat this 17-f—day of 2006. NOTARY Qm = Xf 0 ri (l/G(Il�l f 1 p m Print Name _,San l~�y L/aLIC Ntcl/J / Notary Public in d for the State of Washington Residing at Q S L a �FWASN�� My Commission Expires: s f qo STATE OF ss. County of ) On this day personally appeared rEVIA L"EV- Vier JUNIrJE97 of USCOC of Richland, Inc., to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. idt GIVEN under my hand and official seal this 5 day of �, 2006. a CIAL SEAL " No Publiand the State of ALD L DICKE RT�gtom ILLA(04-T UBLIC, STATE OF IWNOIS Residing at 'ceolG 65ION EXPIRES 8/23/2007 My Commission Expires: Communication Site License Agreement - 11 F CD CD 3Y wZ Z� H O ni Q _W O Of T VI Q w Y OO Q � IOM I W � O I 1 W ¢ H ZY O 6 ;ZY = F W W C Y 0 Q Z N 9L OV08 AGENDA REPORT NO. 12 FOR: City Coun it July 20, 2012 TO: Gary Crutchfiel , Ci anager 1 FROM: Ahmad Qayounli, Public Works Director orkshop Mtg.: 07/23/12 Regular Mtg.: 08/06/12 SUBJECT: Professional Services Agreement with Shannon & Wilson — Linda Loviisa I. REFERENCE(S): I . Vicinity Map 2. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 07/23: Discussion 08/06: MOTION: I move to approve the Professional Services Agreement with Shannon & Wilson authorizing engineering services not to exceed $37,000.00 for Linda Loviisa Irrigation Well and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $37,000 - Irrigation Utility IV. HISTORY AND FACTS BRIEF: A) The well located in the Linda Loviisa subdivision is failing and needs to be replaced (it is not producing the desired and permitted amount of water). Upon troubleshooting the well's performance, it was determined that the casing inside the well is failing and requires significant repair. Additionally, the repairs are not guaranteed to produce the permitted amount of water. The cost to repair the existing casing is the same as replacing it with a new one, and the longevity and reliability would be questionable. B) The new well will be located in the same vicinity as the existing well, and will be designed and drilled to produce the amount of water allowed by our current water rights. V. DISCUSSION: A) The proposed engineering services include construction services and oversight of the drilling and construction of the new well, Ecology communication to coordinate water rights and permission to drill the new well and change use of the existing well to a monitoring function, and testing of the new well to ensure appropriate levels are being delivered. 3(e) "ampl.1111 Al I If OWN nmW BEEN i1 -.. yn-. 9r DES MOINES IN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and Shannon & Wilson, Inc. hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and construction management with respect to the Linda Loviisa Irrigation Well, 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 of 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 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 Shannon & Wilson, Inc. Professional Services Agreement - 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 monthly 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 $37,000, 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 after 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 within 180 days. 5. Hold harmless agreement. 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: Shannon & Wilson, Inc. 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 whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the negligent 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 prohibited. 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. City 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. Shannon & Wilson, Inc. 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 written notice of such termination 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 Shannon & Wilson, Inc. Professional Services Agreement - 4 Notices to the Consultant shall be sent to the following address: Shannon & Wilson, Inc. 303 Wellsian Way 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 CITY OF PASCO Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney DAY OF 20 CONSULTANT: By: Sigq tureLPrinted Name and Title .Dee ,1- 54(vw 1'e-1 (/t' Shannon & Wilson, Inc. Professional Services Agreement - 5 Robert Blain EXHIBIT A From: Dee Burrie <DEE @shanMI.com> Sent: Thursday, March 29, 2012 11:38 AM To: Robert Blain Subject: Linda Loviisa Well Replacement Attachments: SW - Cost Estimate.Rev 1.xisx Robert Attached is a revised estimate. We can adjust our fee by shifting some of the tasks to City staff and reducing the scope we provide. We anticipate that areas where City staff can assist with the project include: 1. Ecology Coordination -Coordinating water rights and permission to drill the new well and change use of the existing well to a monitoring function can be primarily handled by City staff, in desired. We anticipate our involvement in this effort could be reduced approximately SO%, but the effort will need to be replaced with City staff time. Construction observation — If the City has staff available to observe the well construction, our effort could be reduced to cover only the critical times during final drilling and well completion. The attached revised estimate does not include this reduction because we feel there is value in having our engineer who is experience in drilling and sampling borings provide these services. 3. Pump testing — Our effort can be reduced if City staff is available to cover the night shift during the 24 hour constant rate pump test. 4. Based on last week's meeting, it appears that the design effort by RH2 can be greatly reduced to include generally only pump selection recommendations. We understand that City staff will handle modifications to the piping, electrical connections, and the well house. Based on the meeting held last week, it appears that the interview meeting replaced the kickoff meeting, thus the fee can be reduced for that effort. In addition to eliminating these charges, we have also reduced some of our management hours and will shift some of the effort to the local office staff instead of relying on Seattle staff to reduce travel costs. Areas where we feel it necessary for our staff to be involved relate to well design, development, and testing. These services provide the value to the project. it makes no economic sense to drill a new well without improving the performance, upgrading the design and screen installation, and determining the optimal capacity of the system. We do not recommend reducing our involvement in Task 3 or Task 4. Dee SHANNON 6 IILS+ON. INC. Dee J. Burrie, P. E. J vice President Richland Office Manager 303 Wellsian Way, PO Box 967 Richland, Washington 99352.0967 Office: (509) 946 -6309 Fax: (509) 946 -6580 Direct: (509) 942 -6303 dee(@shanwil.com www.shannonwilson.com EXHlHlT A SHMNONbWILLSORINO ®��� 4[4CCG11 /Ii OAt AN4 I [Ni[L COH6ULiA/Ils Project Scope Objectives This proposal addresses the requirements outlined in City of Pasco's Request for Proposal (RFP) dated March 8, 2012. The primary objective of this project is to provide the City of Pasco with a new first -class irrigation water supply well to replace the existing Linda Loviisa irrigation well. Other objectives include assisting the City with selection and management of a qualified drilling contractor, determining a proper well design that meets peak water demand requirements, and overseeing the construction and development of the new well. Approach Our approach is based on the information provided in the RFP and our assessment of the existing Linda Loviisa well data during our well condition evaluation completed in February 2012. The evaluation consisted of reviewing the existing Linda Loviisa well data and that of several adjacent wells. We also completed a video inspection of the Linda Loviisa well. This effort indicated that the existing well is nearing the end of its useful life because of well casing deterioration and perforated slots plugging. The existing data review also indicates that the aquifer zone in which existing well is completed appears highly productive and suitable to provide the required water production capacity. The project will be completed in four tasks. The following sections describe the activities associated with each task. Task I - Preparation of Drilling Bid Specifications We will begin with a kickoff meeting with City staff to discuss project schedule, work site limitations, well site location, engineering issues associated with switching infrastructure from the existing to the new well and other construction related issues. We will then contact Ecology to obtain a new well construction permit and to change the existing well status to a permanent observation well. Other Task one efforts will include: e Reviewing the existing water right for the Linda Loviisa well to determine that they are complete, in good standing, and are applicable for drilling the new production well. e Completing required City and State well site inspections and permits. e Preparing detailed well drilling and construction bid specifications. Attending a pre -bid site meeting to answer well construction related questions and to assist City representatives in reviewing contractor bid submittals. Task 2 - New Well Drilling and Construction A 16 -inch diameter production well will be drilled, completed, and tested at the Linda Loviisa Park. The existing well will be converted to a monitoring well. The converted well will serve as an observation well for the pumping tests and for long term performance monitoring of the new well. The new well will be designed with a wire wrapped stainless steel screen to maximize the production zone open area and to minimize corrosion potential. Based on our understanding of the aquifer, the well will not require an artificial gravel pack outside the screen. This condition should reduce construction and development costs. City of Pasco, Lida LWisa Well Proposal rm ip ororSfl/11Y,MMMLSMIN Well development impacts long term well performance more than any other factor except proper well design. We will work with the selected drilling contractor to develop the well using an induced resonance technology. This technology allows greater energy penetration into the formation during development, which results in more efficient fines removal adjacent to the well screen. The activities required to complete Task 2 include: e Coordinating with the well contractor prior to drilling to determine compliance with all bid specifications. ♦ Observing and documenting drilling an approximately 200 - foot -deep production well. We anticipate observing the drilling process during key steps including placement of surface seal, and drilling through the water bearing zone. We will collect soil samples for classification at each change in soil type. Selected soil samples from the water bearing zone will be sieved and used to design well screen slot size(s). e Observing well development after installing the well screen. The well shall be developed using a combination of mechanical and induced resonance technology to remove silt and the finer sand fraction from the natural gravel pore spaces surrounding the screened section. Task 3 - Well Testing After the well is developed we will design and implement two pumping tests on the new well. The pumping data will be used to evaluate the aquifer properties using standard analysis methods such as Theis (1935) or Neuman (1974). The pumping test results are used to evaluate the well's ability to produce water, determine the optimal sustainable pumping rate, and to select the appropriate size pump. The well testing will include: ♦ An 8 -hour step - pumping test to evaluate appropriate pumping rates for the long -term test. Up to four pumping rates will be monitored for drawdown and well performance. Water level data in the pumping well will be collected using pressure transducers. Physical measurements will be made during the test to verify transducer data. After 8 hours of pumping, the well will be allowed to recover overnight. e Following the step - pumping test, a 24 -hour constant rate pumping test will be performed. Water levels in the observation well (converted existing well) will be determined using a pressure transducer. The pressure transducer will remain in the monitoring well for the duration of the constant discharge and recovery tests. The pumping test will be performed without interruption and at a constant rate. Recovery data will be obtained from the well over the same length of time (24 hours) or until a straight line trend of water level versus time is observed. ♦ Field water quality parameters will be monitored throughout the test. Comprehensive water quality samples will be collected at the middle and end of the test. The samples will be analyzed for drinking water regulated and selected unregulated parameters. ♦ The well will be video inspected after the pumping test to document final construction condition of the well. City of Pasco, Linda tovifsa Well Proposal ffl4Y ceo9HM AI` ON&Wi. uR, pnw !NQ Task 4 - Final Construction Design Engineering Report Shannon & Wilson will prepare a final construction design engineering report that will include documentation of the new well drilling and construction, well pumping tests, video inspection and recommendations for long -term operation and maintenance. The report will also include recommendations related to the infrastructure modifications and impacts to the existing irrigation system. The completed Engineering Report will be submitted to the City for review and approval. A copy of the final report will also be provided to Ecology and the Washington State Department Health for comment and approval. We will respond to comments from either agency related to the work performed for this project. Schedule and Budget Management We understand the importance of schedule compliance and budget management. We anticipate the project elements that may impact the schedule for this project may be Ecology approval of the well permit and converting the existing well to a monitoring well, availability of the well driller, and delivery of wellhead equipment. We will work with City staff to develop a schedule during the initial kickoff meeting and will monitor schedule compliance weekly. We are equally committed to effective budget management. Our proactive approach to budget management begins with developing tailored project scopes. We monitor project budgets on a weekly basis using the activity reports generated by our accounting department and available at our desktops and on our network. We can closely track expenditures for specific budget items by task. Team Qualifications This section describes the project team and presents relevant experience of the team member companies. Responsibilities will be: a Shannon & Wilson will manage all project phases, provide hydrogeologic consulting and aquifer testing services, and construction management services. Shannon & Wilson representatives will interface regularly with the City of Pasco and with the team members to provide assurance that this project is performed to professional standards and City expectations. r RH2 Engineers will assist with construction management services, provide recommendations on infrastructure modifications for the new well, and provide recommendations for new pump sizing and wellhead components. Shannon & Wilson, Inc. Shannon & Wilson, Inc. is headquartered in Seattle, Washington and has been providing environmental and groundwater consulting services throughout the Pacific Northwest since 1954. Our local office in Richland has been serving the Tri- Cities area since 1992. All of our staff proposed for this project are located in either Richland or Seattle. The geologists working on this project have designed numerous water wells, performed aquifer tests to evaluate well production capabilities, evaluated aquifer characteristics using borehole geophysics and formation evaluation methods; and completed pumping system evaluations including recommending rehabilitation when necessary. The company has substantial City of Pasco, Linda Lovliss Wd Proposal =111 INC experience in water well video inspection, groundwater chemistry, and the analysis of pump test data in both new and existing water wells. We provide practical, defensible solutions to challenging groundwater problems. Shannon & Wilson offers complete hydrogeologic services to assess, develop, manage, remediate and protect groundwater and surface water resources. Our specific services related to this project are: • Water supply well design, development and rehabilitation • Hydrogeologic characterization • Groundwater resource development and management o Groundwater flow and transport modeling RH2 Engineers, Inc. • Wellhead protection analysis and planning • Surface water /groundwater continuity evaluation • Groundwater quality evaluation and protection • In -house geotechnical and groundwater laboratory testing services RH2 Engineering, Inc. has been in business for 30 years working for municipal clients throughout Washington State. RH2 is a medium -sized professional services firm that currently employs more than 70 professionals, including engineers, planners and scientists, who work together seamlessly throughout our six offices Statewide. Our medium size also allows as to adapt to the needs of every client while still offering the advanced skills necessary to handle the most complex projects. RH2's state of the art communications technology enables us to provide each client with a local team that is connected and supported by the entire firm. Our designs are created in color, many are three- dimensional, and are tailored to meet the needs of our clients. With this combination, RH2's change orders are less than 2 percent of the project's construction cost on average. RH2's client- oriented approach and exceptional understanding of civil and structural engineering methods has resulted in numerous awards for our projects. These awards from our peers are testimony to our professional achievements and our creation of innovative and sound solutions. We pride ourselves on the quality of service we provide our clients. RH2 Engineering offers a multitude of municipal engineering services. The following is a list of some of the services related to this project. • Water supply development • Hydraulic modeling • Water, sewer and stormwater design • Wellhead protection • Engineering design review • Telemetry design • Electrical design • Water and wastewater treatment City of Pasco, Linda Lovlisa Well Proposal k { § § § A «f z7 o! @! R! k� §\ §« « ; �! \ } - ! ! §! ! - � | � e■ .§ f ~ ! | . - ,. -- ,- . ! ` | AGENDA REPORT NO. 2 FOR: City Council July 23, 2012 TO: Gary Crutchfiel Manager Ahmad Qayoum , lic Works Directo FROM: Reuel I i e1, Plant Operations Manager Regular Mtg.: 08/06/2012 SUBJECT: Accept Process Water Reuse Facility Irrigation Circle Replacement Project #C7- SR- 2R -12 -01 I. REFERENCE(S): 1. Resolution H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 08/06: MOTION: I move to approve Resolution No.3AWaccepting the work performed by Valmont Northwest, Inc., under contract for the Process Water Reuse Facility Irrigation Circle Replacement Project #C7- SR- 2R- 12 -01. III. FISCAL IMPACT: Water /Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On March 5, 2012, Council awarded the Process Water Reuse Facility Irrigation Circle Replacement Project #C7- SR- 2R -12 -01 to Valmont Northwest, Inc. in the amount of $105,357.82, including sales tax. V. DISCUSSION: A) The final project construction contract totaled $105,357.82, including sales tax. B) The work is now complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. 391111 A RESOLUTION ACCEPTING WORK PERFORMED BY VALMONT NORTHWEST, INC., UNDER CONTRACT FOR THE PROCESS WATER REUSE FACILITY IRRIGATION CIRCLE REPLACEMENT PROJECT #C7- SR- 2R -12 -01 WHEREAS, the work performed by Valmont Northwest, Inc., under contract for the Process Water Reuse Facility Irrigation Circle Replacement Project #C7- SR- 2R- 12 -01, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Valmont Northwest, Inc., under contract for the Process Water Reuse Facility Irrigation Circle Replacement Project #C7- SR- 2R- 12 -01, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of August, 2012. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 15 FOR: City Council July 31, 2012 TO: Gary Crutchf Manager FROM: Ahmad Qayounii, Public Works Director Regular Mtg.: 08/06/12 SUBJECT: Accept 2012 Crack Sealing, Project No. M3- OV- 3R -12 -01 I. REFERENCE(S): I. Vicinity Map 2. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 08/06: MOTION: I move to approve Resolution No.aMr accepting the work performed by Construction Ahead (dba Pavement Surface Control), under contract for the 2012 Crack Sealing, Project No. M3- OV- 3R- 12 -01. III. FISCAL IMPACT: Overlay Fund IV. HISTORY AND FACTS BRIEF: A) This project involved the cleaning, sterilizing, and applying sealant to pavement cracks in several areas of Pasco. This process will extend the life of the driving surface and prepares the streets for future overlays. B) On February 6, 2012, Council awarded the 2012 Crack Sealing, Project No. M3- OV-3R-12-01 to Construction Ahead (dba Pavement Surface Control) for $185,247.76. V. DISCUSSION: A) The final project construction contract totaled $185,247.76. B) The work is now complete and staff recommends acceptance of this work. 3(g) Y � l ---- - ---- rl_ i 1 1 1 4 I DBJVj / l d T I L----- - - ---J U I I IX O ti l i t l u� 'i PP "�I I U N ~ O ll / N I I I - I I I I i I I RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY CONSTRUCTION AHEAD (DBA PAVEMENT SURFACE CONTROL), UNDER CONTRACT FOR THE 2012 CRACK SEALING, PROJECT NO. M3- OV- 3R- 12 -01. WHEREAS, the work performed by Construction Ahead (dba Pavement Surface Control), under contract for the 2012 Crack Sealing, Project No. M3- OV- 3R- 12 -01, has been examined by the Public Works Operations Division and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Public Works Operations Division recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Public Works Operations Division recommendation and thereby accepts the work performed by Construction Ahead (dba Pavement Surface Control), under contract for the 2012 Crack Sealing, Project No. M3- OV- 3R- 12 -01, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of August, 2012. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Ken City Attorney AGENDA REPORT FOR: City Council t i TO: Gary Crutchfi tager FROM: Rick White, t `lN/ i / Community & Economic Development Director SUBJECT: Zonine Code Amendment (MF# CA2012 -003) I. REFERENCE(S): July 31, 2012 Regular Mtg.: 8/6/12 1. Proposed Ordinance 2. PC Report dated 7/20/2012 3. Planning Commission Minutes dated July 26, 2012 4. Goodwill letter of support for original Planning Commission recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/6: MOTION: I move to adopt Ordinance No. , an Ordinance amending Title 25 dealing with secondhand stores in C -1 and CBD Zoning Districts, and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In February of this year City Council requested the Planning Commission review the current zoning regulations that restrict retail sales of secondhand goods to the "C -3" (General Business) and Industrial Zones. Council action was initiated by a request from Goodwill Industries to revise zoning regulations to permit sales of secondhand goods in the "C -I" Zoning District. B, Existing restrictions prohibits secondhand stores outright in "C -1" (Retail Business), "C- 2" (Central Business), `BP" (Business Park), "O" (Office) and "CR" (Regional Commercial) Zones and limits secondhand stores to "C -3" or Industrial Zones with a minimum 1,000 foot separation from other secondhand stores. C. The zoning restrictions are intended to minimize stores used as repositories for junk and unwanted items, reduce the "clustering" of secondhand stores with marginal economic operations or poor business practices and avoid a public perception detrimental to private investment in particular areas of the City. D. At the April 19, 2012 and May 17, 2012 workshop meetings the Planning Commission discussed the parameters of allowing certain types of secondhand uses in the "C -1 ", "C- 2", "C -3" and "I -1 "Zones. The Planning Commission was in favor of retaining the prohibition of secondhand stores in the "CR ", "O" and `BP" Zoning Districts. E. Following a public hearing on June 21, 2012 the Planning Commission recommended approval of an amendment to the zoning code that would allow consignment -type secondhand stores in the "C -1 ", "C -2 ", "G3 ", and "I -I" Zones, and donation -based thrift shops in the "C -1" and "C -2" Zones with special permit approval. F. Council considered the issue at the July 9`h Workshop and July 16, 2012 Regular Meeting. The issue was remanded to the Planning Commission by Council. The Commission was directed to narrowly consider the inclusion of the sale of 2id hand goods in the "CR" Zone through the special permit process. G. The Planning Commission unanimously recommended to retain the prohibition on the sale of 2 "d hand goods in the "CR" Zone at the July 26, 2012 Commission Meeting. V. DISCUSSION: A. For consistent regulation, the proposed code amendment has defined and divided secondhand stores into three types, as follows: 1. CONSIGNMENT STORE. "Consignment store" means a retail establishment having up to but no more than 50% of its stock -in -trade in "secondhand personal property" as the term is defined in this chapter, offered for sale on behalf of others in return for a commission, typically a percentage of the sales price. 2. SECONDHAND DEALER. "Secondhand dealer" means an establishment having any portion of its stock -in -trade in "secondhand personal property" as that term is defined in this chapter, exclusive of consignment stores and thrift shops as defined in sections 25.12.157 and 25.12.456 of this chapter. 3. THRIFT SHOP. "Thrift shop" means a retail establishment having any portion of its stock -in -trade in "secondhand personal property" as the term is defined in this chapter, which has been donated by the public, and at least 80% of its total floor space devoted to retail sales. B. The proposed amendment maintains the 1,000 foot separation from other pawnshops, consignment stores, thrift stores or secondhand dealers. C. At the remand hearing by the Planning Commission on July 26, the Commission heard testimony and received a letter of support for the original Planning Commission recommendation that retained the prohibition of the sale of 2nd goods in the "CR" Zone. A donation based thrift operation and a property owner intend to pursue the location of a thrift store at a specific location through a zone change and special permit request. Staff has committed to concurrently process the two applications due to time constraints of both the property owner and applicant. ORDINANCE NO. L AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 DEALING WITH SECONDHAND STORES IN C -1 AND CBD ZONING DISTRICTS. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure that the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the city, and, WHEREAS, in the past, Pasco had accommodated many secondhand stores that were concentrated geographically in the Central Business District; and, WHEREAS, the concentration of secondhand stores along with the manner in which they were maintained contributed to visual blight, physical decay, declining property values and perpetuated a negative public image for the community in general and the Central Business District; and, WHEREAS, it is in the public interest to guide the location of such consignment stores and thrift shops, and, WHEREAS, secondhand stores may be able to operate in such a way as to minimize the possible effects of physical decay and blight, given specific mitigating measures; and WHEREAS, the City Council has reviewed the Planning Commission's recommendations, and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 25, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new PMC Section 25.12.157 hereby is enacted to read as follows: 25.12.157 CONSIGNMENT STORE. "Consignment store" means a retail establishment having up to but no more than 50% of its stock -in -trade in "secondhand personal property" as the term is defined in this chanter, offered for sale on behalf of others in return for a commission, typically a percentage of the sales price. Section 2. That Section 25.12.385 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.12.385 SECONDHAND DEALER. "Secondhand dealer" means an establishment having any portion of its stock -in -trade in "secondhand personal property" Page I as that term is defined in this chapter, exclusive of consignment stores and thrift shops as defined in sections 25.12.157 and 25.12.456 of this chanter. Section 3. That a new PMC Section 25.12.158 hereby is enacted to read as follows: 25 12 456 THRIFT SHOP "Thrift shop" means a retail establishment having any portion of its stock -in -trade in "secondhand personal property" as the term is defined in this chapter, which has been donated by the public and at least 80% of its total floor space devoted to retail sales. Section 4. That Section 25.70.130 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.70.130 PAWNSHOPS AND SECONDHAND SHOPS. Pawnshops and secondhand dealers as defined in Section 25.12.360 and 25.12.385, exclusive of consignment stores and thrift shops as defined in sections 25.12.157 and 25.12.456, are prohibited from operating irrzenes in the C -2 (Central Business District), the C -1 (Retail Business District), the BP (Business Park District) zene, "O" (Office District) zone, C -R (Regional Commercial) Zone and any residential zone. zoning district. Pawnshops and secondhand dealers are permitted to operate in the C -3 (General Business District) zone and the I -1 (Light Industrial District) zone provided however no new pawnshops and secondhand dealers licenses shall be issued to an establishment located closer than 1,000 feet from an existing pawnshop consignment store, thrift store or secondhand dealer. All business activities of pawnshops and secondhand dealers located in the C -3 (General Business District) zone shall be conducted entirely within an enclosed structure. Section 5. That a new PMC Section 25.70.131 hereby is enacted to read as follows: 25 70 131 CONSIGNMENT STORES. (1) "Consignment stores" as the term is defined in this chapter, may operate in the C -1 (Retail Business District) and C -2 (Central Business District) Zones-, however no new consignment store may locate closer than 1,000 feet from an existing consignment store thrift store, or pawn shop; and, (2) Consignment stores may operate in the C -3 (General Business District) and in the I -1 (3) All business activities of consignment stores located in the C -1 (Retail Business District) C -2 (Central Business District) and C -3 (General Business District) Zones shall be conducted entirely within an enclosed structure; Section 6. That a new PMC Section 25,70.132 hereby is enacted to read as follows: 25 70 132 THRIFT SHOPS (1) "Thrift shops" as the term is defined in this chapter, may perate in the C -1 (Retail Business district) and C -2 (Central Business District) Zones upon issuance of a Special Permit as per the requirements found in PMC 25.86• however no new thrift shop may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and, Page 2 (2) Thrift shops may operate in the C -3 (General Business District) and in the I -1 (Light Industrial District) Zones; however no new consignment store may locate closer than 1,000 feet from an existing consignment onsignment store, thrift store, or pawn shop; and, (3) All business activities of thrift shops in the C -1 (Retail Business District), C -2 (Central Business District), and C -3 (General Business District) Zones shall be conducted entirely within an enclosed structure; Section 7. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of .2012. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 3 MEMORANDUM DATE: July 20, 2012 TO: Planning Commission FROM: Jeffrey B. Adams SUBJECT: REMAND - CODE AMENDMENT - SECONDHAND DEALER ZONES (MF# CA 2012 -003 This memo is in response to a request by the City Council for the Planning Commission to revisit the code amendment application concerning secondhand stores in C -1 and C -2 Zones. Council has remanded the item to the Planning Commission with the narrow question of whether donation -based thrift shops should be allowed in CR Zones through the special permit process. It is imperative that this discussion not be project - specific, as any change in zoning code requirements affects all prospective applicants and property owners equally. In order to address this question fairly we need to understand the purpose of the "CR" zone. According to PMC 25.48.010 "The C -R Regional Commercial District is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges." Major highway interchange locations are valued by retailers because they offer ease of access, high visibility, and high customer volume from major thoroughfares. The intent of the "CR" Zone is then to focus on regional office complexes and retail developments which would attract customers from outside the City limits. Regional attractions specified in the code include auto sales and service centers, RV sales and service businesses, amusement, game and recreation centers, golf driving ranges, and theaters (PMC 25.48.020). Permitted uses in the C -1 District are also permitted in the "CR" District. The question therefore is whether a donation- based thrift shop fits the intent of the "CR" Zone in offering goods and /or services with a regional appeal, and if so, should it be allowed as a use through the special permit process. Donation -based thrift shops offer a much needed supply of used goods as well as employment opportunities to the community. Operations may sometimes include employees that may be considered unemployable by mainstream employers. The special permit process allows the City to mitigate possible adverse physical or design impacts of uses. However, donation -based thrift shops may be exempt from paying property tax and may lack curb appeal. Proposed Findings of Fact 1) Current "CR" Zones occupy around 70 acres total, with about 40 acres currently vacant. The Riverview Plaza area contains approximately 14 acres, does not have direct frontage on US 395 and is fully developed. The Road 100/1 -182 area contains approximately 56 acres (40 acres are vacant) and has approximately 2500 feet of direct frontage on Interstate 182. 2) The purpose of the "CR" Zone is as follows: "The C -R Regional Commercial District is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges." 3) A typical development pattern in a regional zoning district consists of multi- tenant building complexes with shared parking facilities and common -wall construction. Marketing is often cooperative, with each business being highly impacted by the business model of the other tenants. It is also common for "big box" retailers ( "Costco" is an example) to locate in regional zoning districts as they commonly draw consumers from outside the community. 4) Regional sales and service uses —such as those often found in "CR" zones —are usually higher revenue - generating areas, relied on to help pay for essential City services through tax revenues. "CR" zoned property is limited and is critical to longer term City needs. 5) Thrift- stores are most often community -based and are not dependent on locations with access to major highway interchanges. 6) Donation -based thrift stores have the potential of benefitting low- income groups, as well as income groups bargain- hunting for "gently used" items, however this can occur independent of a location at or near major highway interchanges. 7) The special permitting process allows the City to specify conditions of approval which could mitigate adverse physical or design effects of the sale of second -hand goods, but a special permit cannot mitigate unintended economic effects – such as the use of valuable regionally oriented zoning locations for uses that are community -based and not dependent on locations near highway interchanges. 8) The approval of a special permit is contingent on the applicant meeting the criteria contained in PMC 25.86.060. These criteria address physical and operational considerations, not economic considerations. Approval of a donation based thrift store in a "CR" Zone will set precedent for approval of another in a "CR" Zone. 9) Donation -based thrift shops are often exempt from paying property taxes. 10) There are 3 operations in Pasco that are currently identified as thrift stores. These are: a. Goodwill Industries at 307 W Columbia Street (photo attached). b. St Vincent De Paul at 1120 W Sylvester (name recently changed to Teen Challenge — photo attached). c. Pep Thrift at 223 S 24 °i Avenue (photo attached). Of these, two (Goodwill and St Vincent/Teen Challenge) are exempt from paying property tax. Recommendation MOTION: I move the Planning Commission recommend the City Council reject the proposal to allow donation -based thrift shops in C -R Zones. �aY� �ru �. :, . =� ,; � � =i�,t 4 �' ; Planning Commission Minutes 7/26/2012 OTHER BUSINESS: A. Code Amendment Special Permits for Donation -Based Thrift Stores in C -R Zones Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community 8s Economic Development Director, discussed this item. For several months, Planning Commission has looked at a code amendment to examine donation -based thrift stores and consignment stores and whether the prohibitions that were enacted in 1990 are still valid exercises in land -use control. The Planning Commission recommended to City Council that in the C -1 (Retail Business) and C -2 (Central Business) Zones, consignment stores be allowed outright as a permitted use as long as they were separated by 1,000 feet from another consignment store, thrift store or pawn shop and that donation -based thrift stores be allowed by special permit in the C -1 and C -2 Zones as long as they are separated by 1,000 feet from other secondhand stores. At the June 21, 2012 meeting, a request was received from a property owner and Goodwill to include C -R (Commercial Regional) Zoning Districts as a zone that would allow donation -based thrift stores. The Planning Commission did not recommend to City Council for that to occur. This item went to City Council Workshop where the same question regarding C -R Zones was asked and Council remanded this item back to the Planning Commission as to whether donation -based thrift shops should be allowed in the C -R Zones through the special permit process. Since it is a code amendment process, the Planning Commission should not be discussing a specific applicant or unique issues. Staff and others have spent a great deal of time to try to solve the locational process that is occurring as a result of this code amendment process, which are two opposed kinds of issues. The Planning Commission was given a letter from Mr. Gordon Comfort, an executive of a donation -based thrift store in Pasco. His letter suggests a different path to resolving the locational process. The process would involve a rezone and a special permit application for property located in an area that is currently zoned C -R. Staff has provided the Planning Commission a detailed memorandum. On the C -R issue, Staff recommendation is that the Planning Commission make a recommendation for the City Council to reject the proposal to allow donation -based thrift shops in C -R Zones and would like to bring this to the next available meeting in August due to urgency in the matter to hold a rezone application and special permit application concurrently. Chairman Cruz asked in the event a rezone, what zones are typically placed adjacent to C -R Zones. Mr. White answered that in the zones in Pasco that have C -R Zoning, there are a mixture of commercial uses. There are C -1 Zones adjacent and within close proximity to the C -R Zone locations in Pasco. Chairman Cruz asked if it would be likely a rezone to C -1 Zone would be successful or recommended by Staff if adjacent to a C -R Zone. Mr. White answered that he had to defer comment on that but many of the things that Staff would look at in terms of traffic, land use, compatibility with like uses, certainly tend to favor a successful rezone application. Commissioner Levin asked if the property in question is the old K -Mart building on Court Street and if it is currently a C -R Zone. Mr. White answered that there are two C -R Zoning Districts; one on Court Street west of USR -395 and south of I -182 east of Road 100. Chairman Cruz stated that at the last meeting the Planning Commission was not willing to incorporate donation -based thrift stores in C -R Zones through special permits because at the time it didn't seem to make sense. Mr. White stated that assuming City Council approves the Planning Commission's original recommendation to allow donation -based thrift stores in C -1 and C -2 Zones through special permit process, then the next step would be for those concerned to go through the rezone and special permit process. The rezone would have to happen in order for the special permit to occur. James Wade, 8382 W. Gage Boulevard, Kennewick, WA of N.A.I. Tri- Cities spoke on behalf of his client, Alex Kim, who is the owner of Riverview Plaza. It is decided to leave the decision to include C -R Zoning to the expertise of City Staff and the Planning Commission. Their desire is to facilitate Goodwill and its $3 -$4 million of annual retail sales, 30 -40 jobs and locate themselves in the Riverview Plaza in a store front that has been vacant for 11 years. If C -R Zoning is not included, they will as directed by City Staff, apply for a rezone immediately and look forward to appearing at the next meeting in early August. Commissioner Kempf stated that she would like to see the C -R Zones stay the way they are and have businesses who would like to do the donation -based thrift stores do so with a rezone and special permit. That would keep the intent of the C -R Zone intact. Commissioner Anderson agreed with Commissioner Kempf. He stated that there are reasons for C -R Zones and doesn't see a special permit for donation -based thrift stores appropriate for C -R Zones. Commissioner Anderson moved, seconded by Commission Kempf, the Planning Commission recommend the City Council reject the proposal to allow donation -based thrift shops in C -R Zones. The motion passed unanimously. 4M Goodwill Industries of the Columbia Central Office 815 N. Kellogg Street, Suite A Kennewick, WA 99336 July 26, 2012 Rick White: Per our discussion regarding the current and possible future CR zoning conflicts and concerns, Goodwill Industries of the Columbia withdraws its request to have the zoning codes changed to allow for donation -based thrift stores in CR zones. Goodwill supports the Planning Commission's previous decision to support the code amendment allowing donation -based thrift stores in C1 zones via special permit. Further, Goodwill looks forward to the City Council approving the code amendment. In consideration of this withdrawal, Goodwill, in accord with the current property owner, wishes to inform the Commission of its intention to initiate an application to rezone Parcel ID# 119 - 272 -172 (old Kmart building) from CR to C1. At the same time Goodwill will also initiate an application for a special permit allowing for Goodwill to operate at Parcel ID# 119 - 272 -172. Goodwill looks forward to expanding its capacity in order to serve the community. Sincerely,, cZ er "' Gordon Comfort Executive Director Goodwill Industries of the Columbia AGENDA REPORT FOR: City Council ( ,k JULY 24, 2012 TO: Gary Crutchfiej+ ai ager Regular Mtg.: 8/6/12 FROM: Rick Terway, T41Tor, Administrative & Community Services SUBJECT: Dangerous Animal Appeal I. REFERENCE(S): 1. Proposed Ordinance. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/6: MOTION: I move to adopt Ordinance No. repealing PMC 3.07.020(E) "Misc. Fees" and amending 8.02.320 "Potentially Dangerous and Dangerous Animals" and further, authorize publication by summary only. III. FISCAL IMPACT: NONE. IV. HISTORY AND FACTS BRIEF: A) When the poundmaster declares a dog dangerous and the owner challenges that declaration, the city's ordinance currently requires the appellant to pay a $50 fee to have the case heard and a $150 fee if the declaration is upheld (fees were used to pay Hearing Examiner). Recent court decision (Downey V. Pierce County WA, November 29, 2011) determined that it is inappropriate to charge any fees for the administrative appeals. V. DISCUSSION: A) The proposed Ordinance reflects the removal of fees listed in 3.07.020(E) and references to the fees in 8.02.320 for the initial appeal of the determination by the poundmaster of "Potentially Dangerous and Dangerous Animals ". B) This is basically a house keeping change to bring our code in compliance with the courts determination. Staff recommends adoption of proposed ordinance. 080 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Repealing PMC 3.07.020(E) "Misc. Fees" and amending 8.02.320 "Potentially Dangerous and Dangerous Animals. WHEREAS, the Courts have determined that the City cannot charge for Administrative Appeals, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.020 E) entitled "Misc. Fees" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety, which, pursuant to RCW 35A.13.190, such said subsection is set forth below. Section 2. That Section 8.02.320 entitled "Potentially Dangerous and Dangerous Animals" of the Pasco Municipal Code, shall be and hereby amended as follows: 8.02.320 POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS. (3) Appeal: Any owner of an animal subject to this section, may appeal the determination of the poundmaster to the Hearing Examiner for determination provided the appeal is made in writing ine4udin,. payment of an eal a':.,g fee payable to the Gity (as written in S^ ^t:.... 3.07) and filed with the City Clerk within ten (10) days of the poundmaster's determination. The hearing shall be scheduled within seven (7) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner, pending the appeal. a) If the Hearing Examiner finds insufficient evidence to support the Declaration, the Declaration shall be rescinded and the restrictions imposed thereby annulled„ ^ ^d alai Ail..g fee refunded-. All impound fees are the responsibility of the owner of the animal, no animal impound expense and fee(s) shall be assessed against the City of Pasco or the animal control authority or officer. b) If the Hearing Examiner finds sufficient evidence to support the declaration, he / she shall impose hearing acts an the appellant (as . itten in Chapter- z n� restitution if applicable, and may impose reasonable additional restrictions on the animal. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council TO: Gary CrutchfiQ�bmanager FROM: Stan Strebel, De ;uty City Manager e wtv SUBJECT: Lewis Street Property Acquisition I. REFERENCE(S): 1. Notice to Property Owners 2. Proposed Ordinance Amending Ordinance No. 3968 3. Map of Affected Properties July 9, 2012 Workshop Mtg.: 7/23/12 Regular Mtg.: 8/6/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/23: Discussion — Hold Public Meeting 8/6: MOTION: I move to adopt Ordinance No. , amending Ordinance No. 3968 which authorizes the acquisition of real property necessary for the construction of the Lewis Street Overpass and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Council previously adopted (8/2010) Ordinance No. 3968 identifying necessary property acquisitions for the Lewis Street Overpass. Each of the properties identified was a total acquisition and each has subsequently been acquired. At the time, it was unknown what, if any, acquisitions may be needed to allow proper alignment of the overpass at the intersection with Oregon Avenue as the construction design process was underway. B) The City has acquired three of four small additions to the right -of -way at the Oregon/Lewis intersection in order to accommodate the construction. The owners of the final property needed for the project have become unresponsive to the City's negotiator, in spite of efforts to provide appraisal and survey information and on -site project boundary marking. Acquisition of this parcel is needed to conclude certification of the right -of -way acquisition process and allow the City to move forward with construction funding efforts. C) State law requires notice and a meeting process before the City can initiate condemnation proceedings. A meeting at which the City will "inform potentially affected property owners of record about the scope and reasons for a potential condemnation action" must be held. Staff has provided notice (see attached) of the required meeting (7/23/12) and of the proposed date of final action (8/6) on the condemnation. D) RCW 8.12 requires that condemnation proceedings be initiated by ordinance. The attached ordinance amends the City's prior Ordinance No. 3968 by adding the final property to the list of prior potentially affected properties and authorizes the City Manager to begin the process of acquisition. While this ordinance will be sufficient to establish the potential threat of condemnation, it requires specific approval, by separate ordinance to initiate the condemnation process in the event that the property cannot be acquired by further negotiation. 8(c) COPY NOTICE ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION OF THE LEWIS STREET OVERPASS BY CONDEMNATION NOTICE IS HEREBY GIVEN that the City of Pasco shall conduct a public meeting regarding acquisition of real property by condemnation for the construction of the Lewis Street Overpass. This meeting shall be for the purpose of informing potentially affected property owners about the scope and reasons for a potential condemnation action. This meeting shall occur at 7:00 p.m., on the 23`d day of July, 2012, at the City Council Chambers located at 525 N. Third Street, Pasco, WA. The potential condemnation of the following properties will be considered by the Pasco City Council for final action at 7:00 p.m., on the 6 day of August, 2012 at the City Council Chambers: Owner Parcel Number Amrik S. and SK Sihota 112- 081 -257 DATED t>is,6`h day gf.4*, 2012. Gary ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Ordinance No. 3968, Authorizing the Initiation of a Petition for Condemnation of Real Property Necessary for the Construction of the Lewis Street Overpass. WHEREAS, due to the deteriorating condition of the existing Lewis Street Railroad underpass, replacement of which is required for the safe and efficient circulation of traffic for this major corridor connecting East and West Pasco; and WHEREAS, to facilitate this project, the City needs to acquire real property upon which the right -of -way and improvements of the Railroad Overpass will be constructed; and WHEREAS, other property over which the overpass improvements will be constructed is presently owned by various private property owners which will need to be acquired by the City to accomplish this project; and WHEREAS, the City, pursuant to Chapter 8.12 RCW, is authorized to acquire by eminent domain, such real property for public use after just compensation therefore has been made; and WHEREAS, after giving notice of this held a public meeting thereon, the City Council Initiation of a Petition for Condemnation of Real Lewis Street Overpass; and action pursuant to RCW 8.25.290, and having adopted Ordinance No. 3968, Authorizing the Property Necessary for the Construction of the WHEREAS, subsequent to the adoption of Ordinance no. 3968 it was determined that there was additional property required for the construction of the Lewis Street Overpass, and having provided supplemental notice having held an additional public meeting thereon, it is, hereby, determined to be in the best interest of the City to acquire such real property for this very important public use, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDIAN AS FOLLOWS: That Ordinance No. 3968, adopted on August 2, 2010, is hereby amended to read as follows: Section 1. Findings of Facts. A. The City Council does hereby find that the construction of the Lewis Street Overpass constitutes a public use as defined by RCW 8.12.030; Condemnation Ordinance —Page 1 B. The acquisition of the below- described parcels of real property, in part, or in its entirety, are necessary for the construction of the Lewis Street Railroad Overpass, thereby, constituting a public necessity; and C. The acquisition of the below- described real property is to be paid from the Arterial Street Fund, as supplemented by eligible State and Federal Grants without special assessment being levied therefore. Section 2. Description of the Property. The real property to be acquired by eminent domain constitutes the following described property: Owner Parcel Number Tri -City Union Gospel Mission 112 -035 -182 112- 035 -191 112 - 035 -208 Laborer's Union No. 348 112 - 035 -164 112 -035 -173 Franklin County 112 - 083 -120 Marco A. Cardenas 112 - 036 -207 Blanca Estela Diaz 112 - 036 -172 Robert E. Olson 112 - 036 -163 Don Wright 112- 036 -154 St. Vincent DePaul 112- 036 -127 112 - 036 -136 112 - 036 -145 Apostolic Assembly of Faith in Christ Jesus 112 - 036 -065 112- 036 -074 112 - 036 -083 112 - 036 -092 112- 036 -109 Alyeskaflats, LLC /Delores Fields 112 - 036 -118 J & M Investments 112- 035 -262 Jose A. Llamas and Victorina Llamas 112 - 035 -226 112 - 035 -235 Condemnation Ordinance — Page 2 Jose Llamas 112- 035 -253 Jesus Vera 112 - 035 -244 Daniel H. Walsh and Judith M. Walsh, Trustees 112 - 035 -217 Amrik S and SK Sihota 112- 081 -257 Section 3. Authorization for Condemnation. The City Manager shall be and hereby is authorized to proceed with the acquisition of the above- described real property by negotiation, and, if necessary upon approval by the City Council, initiation of a Petition for Condemnation of such real property in Franklin County Superior Court providing for the acquisition of such real property by eminent domain and for the determination of just compensation therefore. Section 4. This Ordinance shall take full force and affect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Condemnation Ordinance — Page 3 I m o v C a v N iii .mn0G�p fir. ` ( - •� 3url.l Iaa _ a M a c $ „�fos�aa •o CL _h�^— "an �' C � tlfyy6O=�j's1 r, 11 1 � t lag t �r \ j /s 1 ` K N N N N Y Y Q N N VI zo N 3 y 5 W W N Q a z z a a z z u u z W33� W° x 3 3 3 3 3 3 z 3 3 3 3 3 3 O QN N N m N N o o N N m .i 'I o 'I •i 0 N a a a a 0 z z Q 0 0 J i z z z z z J J J b a s o 0 0 g o a d¢ zz z v�j z z z a o u u z z u Q z p D 0 0 z GG �ooHm x p W W W G 5 f a a f f 3 i i i^ o W �waw f w w w\ a Wa N b O FF Z 0 0 n o D 0 p 0 0 U u 0 o V U W z i g x z O O 0 Z 2 u u LL a h W �vd•i O o_ww 0000 a 2 n 0 YZ n a 0 0 n n 0 0 p3 a- .a n Z 3 f f 1J' 2 J 0 0 z 2 J J Q O O TT 0 m f o3�3k53��cLLcbbo o a ' „:ux E 0 N b n m a n ry n °° u n N a > x N N N N N ti 0,1 N n n N N M e1 ,mY Q m N N M m m N 0 N N m 0 N m m T T m T m T m b b N b m N j N o 0 0 0 o g o o 0 0 0 0 0 2 T ry : IN N N N N eNl N : eNl „ N ry N m q r1 ri .1 ei el .i H M u „ a D o N O o 0 0 0 0 0 0 0 0 0 0 0 0 . N N n O 0 O O 0 0 N x n O O° 0 0 mob a W 3 °° o 8 8° 10 n x°° x x x n a T n m �¢ 3 O �� Z p a O > a m 0 F xYG N N u� yz y W W N Q a z z a a z z y b a z z z z 3 3 3 3 3 3 3 O QN e1 •1 m •'1 o 0 N N 0 N 0 Q J U z 2 z J J J pxp 2 g o a d¢ a z v�j z a o u u z z u Q z p D 0 0 m x p W W W G o 5 3 i i i^ W f w w w\ 5m 5 > > z a O O O � u u N N ] > > O O O n O O 0 p O O TT fwg 3 o a ' u u E 0 u u u u° a u °° u .°n m > N m V„ n b o n P o a n N P m O N e N m V b N m d Q w q m Il .i N °. °° '1 M •1 t ry N N m b b b W N N iO N m m b b b N b N � T m o g m q o m 0 0 0 m m 0 0 0 0 0 0 0 0 0 4 m q r1 ri .1 ei el .i H M W „ e D o N O o 0 0 0 0 0 0 0 0 0 0 0 N N N n m n N N n O 0 O O 0 0 N x n O O° 0 0 O a O n m P e° O 3 T P P P T P n n n N n n n a T n x p �� Z p a O It AGENDA REPORT FOR: City Council TO: Gary Crutchfie Manager FROM: Rick White, l: Y Community & Economic Development Director SUBJECT: Utility payments with development I. REFERENCE(S): I. Proposed Ordinance 2. Chart of proposed fee applicability 3. Examples of fee applicability July 31, 2012 Workshop Mtg.: 7/23/12 Regular Mtg.: 8/6/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/6: MOTION: I move to adopt Ordinance No. , an Ordinance amending Title 16 dealing with utility service requirements for development permits, and further, authorize publication by summary only. III. FISCAL IMPACT: Revenues to the water /sewer utilities IV. HISTORY AND FACTS BRIEF: A. Water and sewer frontage fees and area charges are required to recoup investment in the utility lines serving the benefitting property. Fees and charges are required when development of property occurs and when physical connection to the utility system is made or in some cases, is available. B. Failure to collect from each property its proportionate share (determined by applying the front footage and area charges) of the utility infrastructure causes that cost to be borne by the ratepayers or, in some cases, a nearby property owner who may have installed the lines at his expense with expectations that all other property owners would reimburse his expense as their property "develops" (put to beneficial use). C. Chapter 16.06.010 of the Pasco Municipal Code requires that City water and sewer are available when property is developed with a structure or used for a commercial or industrial use and as a prerequisite to issuance of a building permit. D. The language in PMC 16.06.010 requires that availability of water and sewer is a prerequisite to obtaining a building permit. However, development and improvement of property can occur without obtaining a building permit, or obtaining a building permit for a structure (such as a fence) that does not require connection to the utility system. An example of this would be the grading and gravelling of an area to be used as a laydown yard or parking area that may or may not include construction of a fence. The property is improved and used for commercial or industrial purposes, but the property's "fair share" payment for the utility infrastructure remains unpaid unless the improvement or permit is conditioned to include the payment of applicable frontage and area charges. E. Development and improvement of property can also occur in such a manner that uses property line revisions to avoid payment of applicable utility fees. An example of this is the creation of outside storage or parking areas for use by an adjacent structure. Large undeveloped lots may be segregated with the permitted structure assigned to a small portion of the parent lot, and the second lot devoted to storage or parking. Frontage fees and charges would be collected for the smaller lot containing the permitted structure, but the developer may contend that the second and larger lot used for storage or parking is not connecting to utilities and therefore no payment of frontage fees or area charges is required. F. The administrative history of this issue has been to require the payment of frontage fees and area charges when use of the property occurs or through either a building, grading or right of way permit - even if the "use" does not involve construction of a building or connection to utilities. 8(d) V. DISCUSSION: A. Staff has prepared an Ordinance for Council consideration that revises Title 16 of the PMC to require the payment of applicable fees for "development." Development has been defined to include open "uses" of property for commercial and industrial purposes, and certain exemptions have been created for the open use of property that does not require utilities and is not functionally related or accessory to a non - exempt use (such as fencing a vacant parcel to keep unwanted dumping from occurring). B. The proposed Ordinance also recognize that in certain cases, an open use of property may not need a connection to utilities but will incur water frontage and area charges for payment of an available fire suppression/protection system (such as a storage yard for a contractor or trucking operation). C. Open uses of property functionally related or accessory to a non- exempt use (such as a parking lot for a commercial activity or a storage yard for an industrial operation) have been included as a development requiring the payment of applicable fees. D. Payment of frontage fees and area charges as described in the proposed Ordinance is necessary to maintain the financial integrity of the rate structure for the utility systems. If additional activities or uses of property are exempt from paying the applicable charges, those costs will be home by ratepayers. It should be noted that connection fees and meter costs would not be incurred until actual physical connection to the utility system takes place. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 16.06 "Utility Service Requirements for Building Permits." WHEREAS, Chapter 16.06.010 of the Pasco Municipal Code requires that City water and sewer are available when property is developed with a structure or used for a commercial or industrial use and as a prerequisite to issuance of a building permit; and WHEREAS, Development and improvement of property can also occur in such a manner that uses property line revisions to avoid payment of applicable utility fees; and WHEREAS, Development includes open uses of property for commercial and industrial purposes; and WHEREAS, Open uses of property functionally related or accessory to a use requiring utilities, such as a parking lot for a commercial activity or a storage yard for an industrial operation, are a development requiring the payment of applicable utility fees; and WHEREAS, that in certain cases, an open use of property may not need a connection to utilities but will require an available fire suppression and protection system; and WHEREAS, Payment of frontage fees and area charges as described in the proposed revisions to PMC 16.06 is necessary to maintain the financial integrity of the rate structure for the utility systems; and WHEREAS, Water and sewer frontage fees and area charges are required to recoup investment in the utility lines serving the benefitting property and are required when development of property occurs and when physical connection to the utility system is made or is available; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 16.06.010 entitled "AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 16.06.010 AVAILABILITY 0,F WATER AND SEWER SERVICE REQUIRED (1) Th a a0 b01�e City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land sought to be developed or ea;;,mereia; ;p, shall be a prerequisite to the issuance of a building development permit. No building development permit shall be issued without compliance with this section except as stated in this chapter. (2) "Availability a City water and sewer service connection" means the ability to physically connect ph s:p �s - nn °ien to transmission lines of such service when such service is within 200 feet of the lot parcel or tract boundary, after paying for all applicable eenneetien fees. This may include in&K4agthe installation of a water meter, the use of water for fire protection the use of water or sewer for non- structural improvements or use of existing water or sewer service at a future date. Ordinance Amending Section 26.28.010 and Section 26.28.070 - 1 (3) "Accessory" and "Functionally Related" means a use that is subordinate, supplementary or dependent on a non - exempt use or activiri curb gutter or sidewalk installation of driveways construction or placement of a building or other structure and uses of a commercial or industrial nature not requiring a structure. (5 ) "Development Permit" means but is not limited to a grading building, right of way or encroachment permit or a license or permit for land use. and having the neter installed and ° iietivated- OF easement ef the City of Pasee adjoining the let(s), pafeel(s) eF traet(s) of land to be improved. Section 2. That Section 16.06.020 entitled "EXCEPTIONS" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 16.06.020 EXEMPTIONS EXCEPTIONS. The following types of development may be exempt from the requirements of 16.06.010: (1) Filling or grading provided no use of City utilities occurs and the property is not functionally functionally related or accessory to a non - exempt development; (3) Installation or construction of fencing; (4) Temporary uses of property of no more than 180 days provided no use of City utilities occurs and fire protection is not required; or (5) Other similar types of development not requiring connection to City utilities or use of City water for fire protection. Section 3. That a new Section 16.06.030 shall be enacted and shall read as follows: 16 06 030 LOT LINE REVISIONS PROHIBITED Lot line revisions through platting, binding site plans or tax parcel segregations shall not be used as a means to avoid the requirements of 16.06.010 unless such revision is for the purpose of functionally separating uses establishing lot lines for sale or transfer of ownership or delineating property from non - exempt development. Section 4. That Section 16.06.030 entitled "WAIVER- AUTHORIZED" shall be and hereby is amended and shall read as follows: 16.06.034_0 WAIVER - AUTHORIZED. The prerequisite requirements for a building development permit stated in Section 16.06.010 may be waived by approval of the City Council by majority vote at any regular meeting, upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (1) A specific period of exception; (2) Required participation in future public sewer and/or water service extension by L.I.D. or other means; (3) The signing by the owner of the property of a hold harmless and /or indemnity agreement in favor of the City of Pasco. Ordinance Amending Section 26.28.0 10 and Section 26.28.070 - 2 Section 5. That Section 16.06.040 entitled "WAIVER- CRITERIA" shall be and hereby is amended to read as follows: 16.06.00450 WAIVER - CRITERIA. Any determination to grant, deny, or grant with conditions an application for a waiver described in Section 16.06.0340 shall be based upon the following criteria: (1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to other properties or classes of use in the same vicinity or zoning classification; (2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and in zoning classification, which because of special circumstances is denied to the property in question; (3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or improvements thereon in such vicinity and zoning classification in which the subject property is located; (4) The granting of a waiver will not conflict with the general intent of this Chapter; (5) Except as provided below, no waiver for City water service shall be granted for any property lying within the boundaries of the Pasco Landfill ground water protection area (the Protection Area) as delineated on the official map designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives a waiver request, it shall notify the Department of Ecology of such request, and shall provide the Department of Ecology all relevant information regarding such request. (6) If the residual hazardous substances in the groundwater remaining within the entirety of the Protection Area are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173- 340 -700 through 173 - 340 -760 are met, then Section 5 (5) hereof shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity for comment, concurs. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 6'h day of August, 2012. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk Ordinance Amending Section 26.28.010 and Section 26.28.070 - 3 APPROVED AS TO FORM: Leland B. Kerr, City Attorney � § k \ � \ \ a ( J \ \ \ \ \ \ \\ \ \\ \ \\ \ \\ )/} }� # 3/ k # \/$ . \)\ � \/{ 4�z \ + # # # ) \ 4jƒ $ $ k � $ § / \ d § 7 ( J \ \ \ \ \ \ \\ \ \\ \ \\ \ \\ )/} U .Q Q. a v v LL 4- O N Q C C m X W W W L L o O 1.1-- �J m �CV1 i`r; 07 C4 L cm "C7 m cn a-I Q 0 f ? c Q _T N � � O Li- N � N O N !l QJ C Q) O N C fQ C U N D 6 Q — p O N O d LL N Q} LL cn o dS U N C C9 C U U .Q Q a a) v LL 4- O N Q. E X W .Q O Zu } N � a } t6 { o � +, co 'o (D G4 � L L U) O LL UJ Z7 0] Q a ar 0 0 a� LL N N qL� .3/ rA a-- _O O 7. F- 0 _A 4 Q 0.7 to O LL N r U Q O. a v v LL 4- 0 Ln v CL f6 X W LL W O m 0 L 0 >. -a LL c� ca m LL a� c a U al O Q N L L 4- v N LL C O yJ V! Q zs m U L d o7 O m 0 L 0 >. -a LL c� ca m LL a� c a U al O Q N L L 4- v N LL C O yJ V! Q (>0 C U L O m 0 L 0 >. -a LL c� ca m LL a� c a U al O Q N L L 4- v N LL A ..Q V Q Q Q 0) w O a E m x W V C O .O T M "6 N L CL 0 � T U a ct Z T Q U e 0 U O O N O Q CL m ro N LL L _?. CL CL O C O v� 4] (1) LL L S r C CL � (i$ C a ct Z T LL CL O L Q e 0 U O O N O Q CL m ro N LL L _?. CL CL O C O v� 4] (1) LL L S r AGENDA REPORT FOR: City Council JULY 19, 2012 TO: Gary Crutchfle Manager Workshop Mtg.: 7/23/12 Regular Mtg.: 8/6/12 FROM: Rick Terway, D rector, Administrative & Community Services SUBJECT: Maximum Amount for Civil Infractions L REFERENCE(S): 1. Proposed Ordinance. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/23: Discussion 8/6: MOTION: I move to adopt Ordinance No. , an Ordinance amending Section 1.02.080 "Penalties ", establishing the maximum amount for civil infractions and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE. IV. HISTORY AND FACTS BRIEF: A) The recent review of park rule infractions has resulted in a closer look at the consistency of Code references to infractions. PMC 1.02.080 provides for infractions as a civil penalty as an alternative to criminal fines. That section has not been amended since its adoption in 1989. It states that the penalty amount assessed is "a monetary penalty in an amount not to exceed the maximum amount for the infraction stated in this Code." However, there is no maximum amount presently stated in the Code. B) RCW 7.80.120 which provides the statutory authority for civil infractions was amended in 2003 to include classes of infractions with varying penalties ranging from twenty -five dollars to two hundred and fifty dollars. To incorporate this change and to make a consistent standard within the City Code for assessment of infraction penalties, the Code needs to be amended to incorporate these classes of penalties, set the maximum penalty amount and provide a default penalty at the maximum permitted by State law unless otherwise specifically designated in the Code by class or amount. V. DISCUSSION: A) This amendment will establish the maximum penalties, provide consistency within the Code, provide the Municipal Court with guidance regarding the assessment of infraction penalties and bring the Code in compliance with the changes to RCW 7.80.120. B) This is a house keeping item to clarify city code in regards to monetary penalties of civil infractions. Staff recommends adoption of the proposed ordinance. 8(e) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 1.02.080 "Penalties" Establishing the Maximum Amount for Civil Infractions WHEREAS, Washington law (RCW 7.80) authorizes the City to designate certain violations of its Municipal Code as civil infractions distinguishing them from criminal violations; and WHEREAS, RCW 7.80.120 establishes a maximum monetary penalty and default amount of a class 1 civil infraction at two hundred fifty dollars ($250.00), not including statutory assessments; and WHEREAS, to provide clarity and certainty to the amounts for such penalties, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 1.02.080 entitled "Penalties" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 1.02.080 PENALTIES. (1) A person found to have committed a civil infraction under this Code shall be assessed a monetary penalty ift an ameunt net te exeeed the ...wEif. zam amount , ...fra ot.on stated in tl;iq Code Unless otherwise specifically designated in this Code by class, or by amount, the civil infraction shall constitute a class 1 civil infraction provided by RCW 7.80.120 for the maximum penalty and default amount in the sum of two hundred fifty dollars ($250.00), not including statutory assessments. Except for such violations, which by State law provide for a greater maximum penalty, the maximum penalty and default amount but not including statutory assessments, shall be: (A) Class 1 Civil Infraction $250.00 (B) Class 2 Civil Infraction $125.00 (C) Class 3 Civil Infraction $ 50.00 (D) Class 4 Civil Infraction $ 25.00 (2) Whenever a monetary penalty is imposed by the Municipal Court, it is immediately payable. If the person is unable to pay at the time the Court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time Ordinance Amending Section 1.02.080 - 1 established for payment, the Court may proceed to collect the penalty in the same manner as the other civil judgments and may notify the City Attorney of the failure to pay. (3) The Court may also order a person found to have committed a civil infraction to make restitution. (4) An order or iudgment entered by the Court after the receipt of a response, which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is constitutes a civil in nature judgment, subject to execution and collection as provided by law. (5) The Court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the Court determines that a person has insufficient funds to pay the monetary penalty, the Court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour. (Ord. 2743 Sec. 2, 1989.) Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2012. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk Ordinance Amending Section 1.02.080 - 2 APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council FROM: Gary Crutchf Manager SUBJECT: Capital Improv men Ian I. REFERENCE(S): July 19, 2012 Workshop Mtg.: 7/23/12 Regular Mtg.: 8/6/12 I . Proposed Capital Improvement Plan 2013 -2018 (Council packets only; copy available for review in the City Manager's office, Pasco Library and on the city's website at www .pasco- wa.gov /citycounci]Morts). 2. Revised "Project Description" for "Pivots Expansion" page 55 in CIP binder 3. Proposed Resolution IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/23: Discussion 8/6: MOTION: I move to approve Resolution No. , adopting the Capital Improvement Plan for fiscal years 2013- 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS: A) The annual Capital Improvement Plan (CIP) for 2013 -2018 was presented to Council for discussion at the July 9 workshop meeting. V. DISCUSSION: A) The following change has been made to the proposed plan by staff subsequent to the July 9 discussion, as follows: • Revised "Project Description" for "Pivots Expansion" (page 55). B) Staff recommends that council identify any substantive changes it desires and schedule formal Council approval of the Capital Improvement Plan at the August 6 business meeting, so the CIP is in place to guide staff in preparation of the annual budget this fall. 8(fi) City of Pasco, Washington C O iFr7 � Q F °a= V i U " C9 E G C Q Eh U C L V Y r 3CD �3 c v a w c a � ° U � 0] Y a C A C C c e 4 d r. c n o° Q N 1 C h d y z Capital Improvement Plan 2013 — 2018 0 L N O m N O O C W O c L c a � N Y d � 5 4 a. N d L a v 3 ^� d � 4 O N ti 0 N r Y s m 0 r G ce .s d a3 2 A Y a C A C C c e 4 d r. c n o° Q N 1 C h d y z Capital Improvement Plan 2013 — 2018 RESOLUTION NO. A RESOLUTION Approving the Capital Improvement Plan for Calendar Years 2013 -2018. WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital projects proposed to be undertaken by the City over the ensuing six years; and WHEREAS, on July 9 and July 23, 2012 the Capital Improvement Plan was presented to the City Council for review and prioritization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan for calendar years 2013 -2018 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the Capital Improvement Plan is subject to budget appropriation. PASSED by the City Council of the City of Pasco at its regular meeting this 6th day of August, 2012. Matt Watkins Mayor ATTEST: Debra Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 14 FOR: City Council July 26, 2012 TO: Gary Crutchfi Manager Ahmad Qayoum , is Works Director FROM: Michael A. Pawlak, City Engineer r Regular Mtg.: 08/06/12 SUBJECT: Award LID #149 — Kurtzman Park Area 3, Project #C5- ST- 3A -12 -61 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 08/06: MOTION: I move to award the low bid for the LID #149 — Kurtzman Park Area 3 Project to Inland Asphalt Company in the amount of $651,884.65, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Community Development Block Grant (CDBG) Interfund Loan Proceeds IV. HISTORY AND FACTS BRIEF: A) This project involves construction of roadway widening, curb and gutter, sidewalk, storm drainage and other associated street work. B) The project was advertised on June 17, 2012 and June 24, 2012, with a bid opening on July 10, 2012. V. DISCUSSION: A) On July 10, 2012, staff received three (3) bids for the project. The low bid was received from Inland Asphalt Company in the amount of $656,562.19, including applicable sales tax. The second lowest bid was received from Granite Construction Company in the amount of $740,878.35, including applicable sales tax. The Engineer's Estimate for project was $594,697.20. B) The project award is approximately 10% over the Engineer's Estimate. C) Staff has evaluated the bids received, as well as the current bidding climate and recognizes that while the bids are higher than the Engineer's Estimate there are also unknowns in delaying an award (e.g. price of oil, cost of construction materials, etc.) D) Staff also recognizes the commitment that Council has made to the revitalization of the Kurtzman Park Neighborhood. E) Staff recommends award of the contract to Inland Asphalt Company. mm City of Pasco LID #149 — Kurtzman Park Area 3 Project No. C5- ST- 3A -12 -61 July 10, 2012 BID SUMMARY Engineers Estimate Inland Asphalt Company Granite Construction Company A &B Asphalt, Inc. $594,697.20 $656,562.19 $740,878.35 $898,642.00 AGENDA REPORT No. 11 FOR: City Counci TO: Gary Crutch is anager FROM: Ahmad Qayouml, Public Works Director SUBJECT: Powerline Road Design I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement July 18, 2012 Workshop Mtg.: 07/23/12 Regular Mtg.: 08/06/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:. 7/23: Discussion 8/06: MOTION: I move to approve the Professional Services Agreement with HDJ Design Group authorizing professional services with respect to the Powerline Road Design, not to exceed $77,257.25 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On July 2, 2012 Council adopted the Six Year Transportation Improvement Plan which includes the construction of Powerline Road between Road 68 and Road 100. The 2013 CIP contemplates using the 2013 Overlay funds, as a transfer to the Arterial Street Fund, to complete the design and construction of Powerline Road. V. DISCUSSION: A) Powerline Road is anticipated to be a four (4) lane road in the future. This project is to build two (2) of the four (4) lanes using City funds. The road will be widened to four (4) lanes in the future when development occurs to the north. Three property owners have signed Public Road and Utility Easements in order for the project to be constructed. The width of easements varies between properties because of existing rights -of way on portions of some parcels and not others. The easements granted provide sufficient room to construct a two lane road on the north portion of the easement. Additional rights -of -way will be obtained in the future as development occurs to the north. B) Staff negotiated scope of work and budget with HDJ Design Group, PLLC for the amount of $77,257.25. The scope of work will also include a 30% design of Powerline Road from Road 52 to Road 68, right -of -way and refined engineer's estimate for future construction. C) Staff recommends award of a Professional Services Agreement to HDJ Design Group, PLLC. Wo (b) NO W Z J ry W O CL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HDJ Design Group hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide DESIGN services with respect to Powerline Road. 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 of documents. 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 by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the 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. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the 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 contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 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 the project proposal, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $77,257.25, 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 after 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, 2012. 5. Hold harmless agreement. In performing the work under this contract, 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: 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 whom 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. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. 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. 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 contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract 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. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal 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 contractor 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 contract, 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 contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract 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. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 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 Notices to the Consultant shall be sent to the following address: HDJ Design Group 300 W. 151" Street Vancouver, WA 98660 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 , 2012 CITY OF PASCO CONSULTANT Gary Crutchfield, City Manager ATTEST Debbie Clark, City Clerk Greg P. Jellison, P.E., Principal APPROVED AS TO FORM Leland B. Kerr, City Attorney SCOPE OF WORK Powerline Road Improvement Project for The City of Pasco, WA General Description: The City of Pasco plans to construct half street improvements along Powerline Road between Broadmoor Boulevard, and Road 52. This project is being funded by the City of Pasco. Assumptions: The design will be based on the following assumptions: 1.) The stormwater for this project will be collected along the curb line with catch basins, and infiltrated. Infiltration rates for the design will be provided by the City. HDJ will perform hydraulic calculations for the system and prepare a stormwater design memo for the City of Pasco. The City will be responsible for filing the injection well information with the DOE. 2.) This scope and budget is divided into 3 sections of Powerline Road, including: i) Broadmoor Boulevard to Road 68, ii) Road 68 to Road 60, and iii) Road 60 to Road 52. However, only Section i will be completed with final construction plans. 3.) Sections ii and iii will only include a 30% design and estimate. 4.) There are existing plans for the section of roadway between Broadmoor Boulevard and Road 68. Many of the assumptions made during the preparation of these plans are no longer valid. The plans will be modified to comply with current City of Pasco standards, as well as the revised design criteria provided by the City. 5.) There is a section of Powerline road between Convention Drive and Road 60 that has already been constructed. HDJ's design will connect into either side of those roadway improvements. 6.) HDJ will prepare Right of Way plans, legal descriptions and property take exhibits for Section i. The 30% plans prepared for Sections ii and iii will provide the City with potential right of way impacts for budgeting purposes, however actual right of way plans will not be prepared. The City will be responsible for everything involved with the Right of Way acquisition and negotiation process for the entire corridor. 7.) The half width design will consist of a 28' wide shed section to a curb on the south. A conceptual sidewalk plan will be prepared for the 30% plans. The remainder of the plans will not include any sidewalk at this time, but will be graded to accommodate a future sidewalk at the conceptual location. 8.) The roadway design will not include the design of any underground mains such as water, sanitary, and irrigation, however, HDJ's plans will include laterals and stubs in locations directed by the City of Pasco. 9.) Submittals will be made to the City of Pasco for review, comment, and distribution. HDJ will not be expected to submit plans or reports to any other agency for review. 10.) These plans will not need Class A construction signage plans. It is assumed that the contractor will prepare traffic control plans (Class B construction signage). 11.) The City of Pasco will be responsible for preparing and compiling the bid package, including the specifications. HDJ will provide special provisions for non - standard bid items. City of Pasco, WA July 17, 2012 Powerline Road Improvement Project Page I of 5 A. Initiation, Coordination, and Meetinas This item includes the assumed coordination and meetings necessary to successfully complete all three sections of the project, and will not be broken out separately in the budget. 1.) HDJ design team coordination and internal meetings. 2.) Meet with City staff after the review of the 30% layout, 95% plan submittals and the Final plan submittals. (Assumed 3 meetings 2 hours in length including driving time from HDJ Pasco office). 3.) Import and export AutoCAD drawings as needed with the City of Pasco. B. Survey The survey for this project was completed under a separate contract. Any additional survey needs will be handled under a separate contract. Legal descriptions and right of way take exhibits could be added under the separate survey contract. 1.) Import survey information into the base drawing and create an existing surface model. 2.) Prepare Legal descriptions and Property Exhibits for parcels permanently impacted by Right of Way or Easement associated with section i of this project. (Assume 2 parcels, and that the property impacts will be finalized prior to the preparation of these documents so that no changes will be necessary.) C. 30% layout and exhibits HDJ will prepare preliminary 30% layout and exhibits for the project, and present it to the City for comment. The Budget for this item C will be broken up into the three roadway sections identified above. 1.) Prepare preliminary layout including plan view and a profile. Preliminary grading will be included. 2.) Prepare design exhibits. Exhibits will include a preliminary plan over profile sheets at 20 scale on 22x34 paper. (Assumed 17 sheets for section i, 11 sheets for section ii, and 6 sheets for section iii). 3.) Prepare 30% quantity takeoffs and engineer's estimate. D. 60% Workina Drawings HDJ will prepare a 60% working drawing exhibit and a 60% engineer's estimate for Section i and meet with City of Pasco staff for review. This meeting will be held in HDJ's Vancouver office. E. 95% Roadway Design This item includes all work necessary to bring the design to a 95% plan stage. The Budget for this item D only applies to sections i identified above. 1.) 95% Design Phase Plan Set shall include: a) Cover Sheet. (Assumed 1 sheet) City of Pasco, WA Powerline Road Improvement Project July 17, 2012 Page 2 of 5 b) General notes and legend. (Assumed 1 sheet) c) Site Prep, Grading, and Erosion Control Plans at 20 scale double stacked. (Assumed 9 sheets) d) Typical Sections. (Assumed 1 sheet) e) Plan over Profile Sheets including drainage conveyance at 20 scale. (Assumed 17 sheets) f) Signing and Striping at 20 scale double stacked. (Assumed 9 sheets) g) Miscellaneous Details. (Assumed 1 sheet) h) City of Pasco Standard Detail sheets. (Assumed 6 sheets) Additional items of work included in the 95% Plan Submittal are as follows 2.) Prepare 95% RoW plans on 11x17 sheet size at 50 scale. (Assume 16 sheets) 3.) Prepare special provisions for non - standard bid items. 4.) Perform stormwater analysis, and prepare stormwater memo. 5.) Compute quantities and prepare an Engineer's Estimate of construction. 6.) Submit stormwater memo, 95% plan set, specifications, and cost estimate for review. (Submittal will be electronic in Adobe PDF format at 22x34 sheet size) F. Final Contract Plans and Specifications This item covers all work to address comments on the 95% plans and bring the plan set to Final Plans ready for bid. The Budget for this item E will be broken up into the three roadway sections identified above. 1.) Revise plans, special provisions, and engineers estimate (PS &E) per City comments. 2.) Revise RoW plans, and provide City with final electronic pdf and a paper copy, 11x17 sheet size. 3.) Revise stormwater memo per City comments. 4.) Submit 99% PS &E for final review and make corrections or address comments as required. (Submittal will be electronic in Adobe PDF format) 5.) Submit Final electronic stormwater memo (PDF format), plans (AutoCAD 2006 & PDF format), specs (Microsoft Word format), and estimate (Microsoft Excel format). Submit paper copies of Final signed plans for City use. (Full size paper 22 "x34" (6 set), and half size paper 11 "x17" (1 set). G. Project Tracking and Reporting This item covers all work to prepare and update the monthly billing report. It is assumed that due to the relative simplicity of this project, HDJ will maintain a basic project schedule consisting of key milestones, and will send weekly updates during the design phase of the project so City staff remains informed about the status of the project. Any questions regarding project status can be addressed over the phone with City staff. H. Bidding and Construction Support This item covers the work to provide Bidding Support, Construction Support, Management and Inspection for the project. The scope of work assumed below is based on the information currently available. Only task 1 is included with the current budget. Tasks 2 through 6 may be City of Pasco, WA July 17, 2012 Powerline Road Improvement Project Page 3 of 5 added by supplement after final plans are completed and the City knows what their work load is and the level of support they will need. 1.) HDJ Design Group, PLLC will assist the City of Pasco through the bidding process by addressing design questions. (Assume 6 hours) 2.) Attend the Pre - Construction Conference. (Assume 3 hours) 3.) Construction Support: a) Addressing construction questions. (Assume 10 hours) b) Preparing construction exhibits. (Assume 3 exhibits) 4.) Construction Management: a) Addressing RFI's and Reviewing Submittals. (Assume 24 hours) b) Preparing RFP's. (Assume 3 RFP's) c) Construction coordination. (Assume 40 hours) 5.) Construction Inspection. (Assumed 400 hours) 6.) Asbuilt Survey and Drawings. I. Reimbursable Expenses This work includes non -salary costs associated with printing, mileage, copies, exhibit preparation, etc. Invoices will be submitted with billings for any items covered under reimbursable expenses. Specific items that will be provided under reimbursable expenses include: 1.) Copies: Expenses for submittal copies as described above. 2.) Travel: Mileage for driving to meetings and site visits, billed at the 2012 federal rate of $0.555 1mile. 3.) Delivery: Expenses for courier, package delivery, and mail services. J. Extra Work This work includes any item not covered in the above scope of work or specifically excluded in "Task K" below. No costs have been included for extra work on the cost estimate. K. Specific Exclusions The following items of work are specifically excluded from the scope of this agreement: 1.) Public Involvement process, including open houses, direct mailings, and newsletters. 2.) Construction materials testing. 3.) Property acquisition and negotiations. 4.) Negotiation of utility easements. 5.) Geotechnical Engineering, Mechanical Engineering, Structural Engineering, Electrical Engineering, Planning, Surveying, Landscape Architect, and Environmental (habitat, wetland, archeological, etc.) consultation and services. 6.) Traffic volume analysis, reports, or recommendations. 7.) Payments of any plan review, application, or permit fees. 8.) The preparation of any permits or other environmental related items. 9.) Design of retaining walls. 10.) Design of street lighting or any other illumination systems. City of Pasco, WA July 17, 2012 Powerline Road Improvement Project Page 4 of 5 11.) Design of construction plans or relocation plans for any dry utilities such as electric, gas, cable, phone, etc. 12.) Design of a water, irrigation, or sanitary sewer mains (Laterals and stubs will be provided per City request). 13.) Design changes during construction or change order writing. 14.) Any plan revisions not identified under item E. 15.) Class A Signage plans, and Traffic control plans. 16.) It is assumed that this project will be designed in 2012, and go to construction in 2013. Placing the project on hold for more than a 3 month period and continuing the design process into 2013 or later is excluded from this scope of work. (In order to continue work on a project into 2013 or later after a 3 or more month hold, HDJ and the City of Pasco must agree on an appropriate fee to offset any extra costs experienced by HDJ due to placing the project on hold.) 17.) Preparing or compiling the specifications and bid package. 18.) Construction. Staking. 19.) Any work for sections ii and iii beyond the 30% plans. 20.) Construction management and inspection. L. City Responsibilities The City of Pasco will provide the following items and / or services 1.) Consultant identified pertinent and reasonable City maps of the project and other currently available maps, including aerial photos, assessor maps and standard details. 2.) City direction regarding decisions related to design standards and design related issues. 3.) Material testing. 4.) Environmental Permitting (SEPA, NPDES Permit, DOE Injection Well Registration, etc). 5.) Obtaining any necessary construction permits. 6.) Pay any fees associated with this project (application fees, plan review fees, permit fees etc.). 7.) Arrange for safe access to and make all provisions for HDJ to enter upon public and private property as required for HDJ to perform services included in this scope of work. 8.) Provide any necessary coordination with utility companies affected by this project. 9.) Acquire any RoW necessary to construct the project. 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DcOdf Ci,lIi Cl (TOSks G, Woug8 G.6� C.L OaCS Paga 1 AGENDA REPORT NO. 12 FOR: City Council July 18, 2012 TO: Gary Crutchfi r Manager Ahmad Qayo b c Works Director Workshop Mtg.: 07/23/12 FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 08/06/12 SUBJECT: Reject Bids for 4 1 Avenue Corridor (Court Street to I -182) Project #C2- 10- 06 -STR I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 07/23: Discussion 08/06: MOTION: I move to reject all bids for the 4`h Avenue Corridor (Court Street to I -182) Project in as much as all of the bids received significantly exceeded the Engineer's Estimate and approved project budget. III. FISCAL IMPACT: Surface Transportation Program (STP) Funds ($350,000) Arterial Street Funds ($120,140) Franklin County PUD Contribution ($102,500) IV. HISTORY AND FACTS BRIEF: A) This project involves installation of landscaping including irrigation, updating sidewalks and handicap ramps to current ADA standards, driveway approaches and other associated street work. B) The project was advertised on June 17, 2012 and June 24, 2012, with a bid opening on July 10, 2012. V. DISCUSSION: A) On July 10, 2012, staff received two (2) bids for the project. The low bid was received from A &B Asphalt, Inc. in the amount of $751,885.35. The second lowest bid was received from Inland Asphalt Company in the amount of $882,468.00. The Engineer's Estimate for the project was $438,762.50. B) Staff believes that the high bids are due to the summer season's bidding climate and the amount of street related construction work awarded throughout the region this year. C) Staff suggests that the bidding climate would be more advantageous to the City later this winter, allowing for an early spring 2013 construction start. D) Staff recommends that all bids be rejected due to fiscal constraints and the project be reviewed and re- advertised in winter 2012 -2013. 10(c) 4T" AVENUE CORRIDOR (NORTH) 1, ~0 Tt City of Pasco 4th Avenue Corridor (Court Street to I -182) Project No. C2 -10 -06 -S'I'R July 10, 2012 BID SUMMARY BASE BID EVALUATION: Engineers Estimate A &B Asphalt, Inc. Inland Asphalt Co. $438,762.50 $751,885.35 •' ' 11 AGENDA REPORT NO. 13 FOR: City Council July 31, 2012 TO: Gary CrQchfi anager Ahmad Qayou i, P is Works Director FROM: Michael A. Pawlak, City Engineer '`'f Regular Mtg.: 08/06/12 SUBJECT: Reject Bids for Process Water Reuse Facility Treatment System Optimization and Capital Improvements, Project #C7- SR- lA -12 -01 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 08/06: MOTION: I move to reject all bids for the Process Water Reuse Facility Treatment System Optimization and Capital Improvements Project in as much as all of the bids received significantly exceeded the Engineer's Estimate and approved project budget. III. FISCAL IMPACT: Process Water Reuse Facility Rates IV. HISTORY AND FACTS BRIEF: A) This project involves the installation of approximately 4,300 If of 6 -inch, 8 -inch, 10 -inch and 16 -inch diameter HDPE SDR 11 pressure sewer pipe; construction of a wastewater fine screenings facility; construction of two 20 -ft x 95 -ft x 10 -11 concrete sedimentation basins; and construction of a solids handling pump station. B) The project was advertised on four consecutive weekends beginning May 26, 2012 in three different publications, with a bid opening on July 17, 2012. V. DISCUSSION: A) On July 17, 2012, staff received four (4) bids for the project. The low bid was received from William Charles West in the amount of $2,857,680.00, including applicable sales tax. The second lowest bid was received from Contractors Northwest, Inc. in the amount of $3,174,120.00 including applicable sales tax. The Engineer's Estimate for the project was $2,346,050.00. B) The low bid exceeded the Engineer's Estimate by approximately 22 %. C) Staff believes that the high bids are due to the summer season's bidding climate and the amount of street related construction work awarded throughout the region this year. D) Staff suggests that the bidding climate would be more advantageous to the City later this winter, allowing for an early spring 2013 construction start. E) Staff recommends that all bids be rejected due to fiscal constraints and the project be reviewed and re- advertised in winter 2012 -2013. 10(d) J U Q LL w w ryo W a V W U NO a I o LLI F-- z g :D a� o� U Y Z Z Z � b U) F- LO m City of Pasco PWRF Treatment System Optimization and Capital Improvements Project No. C7- SR- 1A -12 -01 July 17, 2012 I: I M111► ILVA IFR '1 Engineers Estimate William Charles West Contractors Northwest, Inc. Apollo, Inc. $2,346,050.00 $2,857,680.00 $3,174,120.00 $3,396,864.84 DGR *Grant Construction, Inc. $3,959,820.00