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HomeMy WebLinkAbout2013.01.14 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. January 14,2013 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Fraud Prevention - Internal Control. (NO WRITTEN MATERIAL ON AGENDA) Presented by Dunyele Mason, Finance Manager. (b) School District Bond Proposition: 1. Agenda Report from Gary Crutchfield, City Manager dated January 9, 2013. 2. Proposed Resolution. (c) Ambulance Service Agreement for Fire District #3: 1. Agenda Report from Gary Crutchfield, City Manager dated January 10, 2013. 2. Vicinity Map. 3. Proposed Agreement. (d) Interlocal Agreement: Fire Tender Service: 1. Agenda Report from Gary Crutchfield, City Manager dated December 4, 2012. 2. Vicinity Map. 3. Proposed Agreement. (e) Comprehensive Sewer Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 8, 2013. (f) Construction Bids /Contract Municipal Court: 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 8, 2013. 2. Construction Cost Estimate. (g) Interlocal Agreement with City of Mesa for Municipal Court Services: 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 8, 2013. 2. Proposed Agreement. (h) Contract for Collection Services: 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 7, 2013. 2. Proposed Contract. (i) Kurtzman and Richardson Pool Recommendations: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated January 9, 2013. 2. Memo from Park & Recreation Advisory Board to City Council dated January 2, 2013. (j) 2013 Capital Improvement Projects: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 8, 2013. 2. Map. 3. Table of Capital Projects. (k) 2011 Filtration Plant Improvements (Storage Building): 1. Agenda Report from Mike Pawlak, City Engineer dated January 8, 2013. 2. Vicinity Map. 3. Professional Services Agreement with Scope of Work. (1) "A" Street Railroad Crossing UTC Grant: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 8, 2013. 2. Vicinity Map. 3. Letter of Grant Award from Utilities Transportation Commission (UTC). 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) Workshop Meeting 2 January 14, 2013 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 6:00 p.m., Monday, January 14, Conference Room #1 — Old Fire Pension Board Meeting. ( COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 2. 3:30 p.m., Thursday, January 17, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 3. 5:00 p.m., Thursday, January 17, Three Rivers Convention Center Board Room — TCRPFD Project Committee Meeting. ( COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 4. 11:30 a.m., Friday, January 18 — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT TO: City Council FROM: Gary Crutchfield anager SUBJECT: School District bond Proposition I. REFERENCE(S): Proposed Resolution January 9, 2013 Workshop Mtg.: 1/14/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The School District has placed a construction bond proposition on a special election ballot scheduled for February 12. The proponents of the proposition are seeking City Council endorsement of the proposition. Before the City Council can take a formal position, either opposing or supporting a ballot issue, it must first conduct a public hearing to receive any comment from the public. Thereafter, the City Council is authorized to take a formal position, if it desires to do so. B) The only practical time to conduct a hearing is at the January 22 Council meeting. If Council desires, a public hearing can be advertised for January 22 and, following conduct of the hearing, Council could then consider approval of the requested Resolution. 4(b) RESOLUTION NO, A Resolution regarding the February 2013 bond election of the Pasco School District WHEREAS, the Pasco City Council supports that which supports good quality of life and a good economy in Pasco; and WHEREAS, Pasco schools contribute to good quality of life and a good economy through the education of our youth; and WHEREAS, Pasco School District is challenged with serving an increasing enrollment averaging 600 new students per year — enough students to open a new school annually; and WHEREAS, chronically overcrowded schools weaken the education environment, undermine confidence in the school system and eventually erode residential property values; and WHEREAS, a Community Facilities Summit comprised of local citizens recommended that building needed schools is the best long term solution to Pasco School District's growing enrollment and will certainly delay and possibly avoid use of multi -track year -round schooling. and/or double- shifting; and WHEREAS, the Board of Directors of Pasco School District, on December 14, 2012 did determine that a bond election will be held on February 12, 2013 for the purpose of providing sorely needed classrooms and associated facilities to house students of Pasco School District; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Pasco does hereby endorse and support the proposed Pasco School District February 12, 2013 bond election. PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the 22nd day of January, 2013. Matt Watkins, Mayor Attest Approved as to Form: Debra L. Clark, City Clerk Leland B. Kerr, Attorney AGENDA REPORT TO: City Council FROM: Gary Crutchfie Manager SUBJECT: Ambulance Service Agreement for Fire District #3 I. REFERENCE(S): 1. Vicinity Map 2. Proposed Agreement January 10, 2013 Workshop Mtg.: 01/14/13 Regular Mtg.: 01/22/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 01/14: Discussion 01/22: MOTION: I move to approve the interlocal agreement for automatic ambulance service to Fire District #3 and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Increase revenue (approx. $48,000) to the ambulance utility fund; see below. IV. HISTORY AND FACTS BRIEF: A) The city has provided automatic ambulance service to Fire District #3 for at least 30 years through interlocal agreement. Historically, that contract fee was a fixed amount paid annually by the district and the city would bill directly any users of the service. B) Since the city has created an ambulance utility and it must be accounted for as a stand alone operation (just like water and sewer), the costs of the service are more accurately identified and the rates necessary to cover those costs can be more accurate. When the city analyzed its costs and associated rates last year, it found that the monthly availability charge required a substantial increase and did so for city residents. C) The fire district contract required one year notice for change, so notice was provided in December of 2011 that rates would be changing. The rate analysis in early 2012 revealed that the district contract fee ($30,000) was only about 20% of what it should be ($180,000), if the district were to pay the same availability cost being paid by city residents. D) Council discussion of this matter in June 2012 reflected consensus to require 50% payment of the city's availability charge in 2013, recognizing that the district needed additional time to determine the preferred means of raising revenue to pay the increased contract fee. The district proposed an EMS property tax levy in November 2012, but it failed (60% against). E) The city recently extended the 2012 agreement through the month of January 2013, permitting the district yet another month to guage its options. 4(c) V, DISCUSSION: A) The district concluded recently that its best option at this point is to contract with the city at the 50% rate for 2013. The proposed agreement reflects that change. It also provides the district the ability to terminate the service contract with one month notice (instead of one year) starting in 2014. This provision is in recognition that the district may determine by then to operate its own ambulance service (BLS - not ALS) relying on volunteers. Another option for the district is to request the county commission to form an EMS district to contract with the city to have an availability fee billed directly to residents (rather than the district). B) In short, the proposed agreement reflects the council's direction that the district pay the same availability fee paid by city residents, albeit 50% for 2013 (subsequent years are prescribed in the contract at 100 %). Council should also recognize, however, that the proposed agreement will likely not last longer than a year or two, as the district cannot sustain 100% payment obligation beyond that; thus, the district will either terminate the service contract sometime in 2014 or establish a new funding mechanism so the appropriate fee can be paid and the service can continue. C) Staff recommends approval of the agreement. 1} W 1 N N 2 N N N � \I F 1 N N Q � 2( +i f i a� al V LL J it �i INTERLOCAL COOPERATION AGREEMENT CITY OF PASCO AND FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO, 3 BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this day of 2013, between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City". and Franklin County Fire Protection District No. 3, a Municipal Corporation, hereafter referred to as "District" as authorized by Chapter 39.34 of the Revised Code of Washington enter into the following Agreement: WHEREAS, the District has heretofore determined that there is not an existing private ambulance service available to adequately provide for "911" dispatched emergency medical transport services to the District particularly for "advanced life support" service; and WHEREAS, the District is authorized pursuant to RCW 52.12.031 to enter into an agreement with the City to provide emergency medical transport services to the residents of all or a portion of the District; and WHEREAS, the City is authorized pursuant to RCW 35A.38.010 to provide emergency medical transport services by agreement to other jurisdictions; and WHEREAS, the Parties have determined that the rendering of emergency medical transport services by the City to the District, under the terms provided below, is in the best interest of the health, safety, and welfare of both the residents of the City and the District. NOW, THEREFORE, the parties agree as follows: SECTION I PURPOSE The City shall make available emergency medical transport services to the District for the benefit of those requiring emergency medical transport services within the District's boundaries more particularly described on the map attached as Exhibit A. Emergency medical transport services shall include vehicles and personnel appropriately equipped, manned and trained, meeting all City, State and Federal licenses necessary to perform the level of services provided below. SECTION II LEVEL OF SERVICES The City shall make available emergency medical transport services within the territorial boundaries of the District on a 24 -hour per day, 7 days per week basis. The same level, priority and resources shall be extended to a call located within the District as a call located within the City limits. Interlocal Cooperation Agreement - City of Pasco and Franklin County Fire District No. 3 Page 1 The City shall provide personnel certified to Advanced Life Support/Paramedic level at all times as defined in Chapter 18.71 RCW, to all trauma incidents, and medical problems where there is a potential loss of life (including, but not limited to all mass - casualty incidents, multi patient incidents, cardiac emergencies, pediatric emergencies, obstetrical emergencies, airway emergencies, seizures, poisonings, overdoses, diabetic emergencies, back pain, chest pain and burn emergencies), except those occasional situations where all Advanced Life Support/Paramedics are committed to other EMS emergencies. The City shall maintain a paramedic at its Road 68 station at all times, except those occasional situations where the City is prevented from doing so due to illness, vacations or Kelly days of assigned paramedics. SECTION III FUNDING The District shall pay to City, the sum of $78,000 for the 2013 calendar year, payable in two equal installments due June 1 and December 1 of 2013.For the 2014 calendar year and for any succeeding one (1) calendar year period thereafter, District shall pay to City an amount equal to that which the City would receive if the households in the District were subject to the monthly "availability charge" paid by all City households. The determination of the number of households in the District shall be based on the most recent US Census counts with adjustments made for new, permitted residential construction and demolition, as well as any changes made to District boundaries since the date of the Census count. . Payments shall be made monthly commencing January 2014; failure to remit payment by the 5th calendar day of any month shall constitute cause for termination of the service upon written notice by the City. The City shall be entitled to charge and collect an emergency medical transport service fee to users or patients of the service within the District and the City shall assume all responsibility for the billing and collection of such fees. Such fees and charges shall be as established by ordinance or resolution. SECTION IV TERM OF AGREEMENT The initial term of this Agreement shall be one year, commencing on the I" day of January, 2013, and terminating on December 31, 2013; provided, however, this Agreement shall be automatically renewed for successive one (1) year terms thereafter, unless terminated by City upon one year advanced written notice to District or, after January 1, 2014, by District upon 30 day written notice to City. SECTION V INDEMNIFICATON The City and the District shall defend, indemnify, and hold each other harmless from any claims, damages, causes of action, or judgments arising from, or as a direct result of the negligent or intentional acts of its respective agents, employees, or officers. Interlocal Cooperation Agreement - City of Pasco and Franklin County Fire District No. 3 Page 2 SECTION VI INTERLOCAL COOPERATION ACT PROVISION All vehicles, equipment, inventory and any improvements thereto shall remain the sole property of the City. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the District. All funding, incident to the fulfillment of the Interlocal Cooperation Agreement, shall be the sole responsibility of the City and no special budget or funds are anticipated nor shall be created. It is not the intention that a separate legal entity be established to conduct the cooperative undertaking nor is the acquiring, holding, or disposing of real or personal property anticipated. The City Fire Chief shall be designated as the Administrator of this Interlocal Cooperation Agreement. SECTION VII ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated by reference are attached. No other understanding, verbal or otherwise, in regards to the subject matter of this Agreement, shall be deemed to exist. All modifications to this Agreement shall be in writing and signed by both parties to be effective. SECTION VIII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION IX FILING REQUIREMENTS In compliance with RCW 39.34.040, this Agreement shall be listed by subject on the City's website or other electronically retrievable public source. IN WITNESS WHEREOF, the Parties have executed this Interlocal Cooperation Agreement by the duly authorized officers on the day and year first written above. CITY OF PASCO: Matt Watkins, Mayor FRANKLIN COUNTY FIRE DISTRICT NO, 3 Tom Hughes, Chairman FW I1%a- Interlocal Cooperation Agreement - City of Pasco and Franklin County Fire District No. 3 Page 3 STATE OF WASHINGTON ) xR County of Franklin On this day personally appeared before me Matt Watkins, Mayor of the City of Pasco, to be known to be 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 2013 NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON) ss County of Franklin On this day personally appeared before me Tom Hughes, Chairman, Fire District No. 3, to be known to be 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 2013 NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires Interlocal Cooperation Agreement - City of Pasco and Franklin County Fire District No. 3 Page 4 AGENDA REPORT TO: City Counci FROM: Gary Crutchfi -+ , i Manager SUBJECT: Interlocal Agreement: Fire Tender Service I. REFERENCE(S): 1. Vicinity Map. 2. Proposed Agreement. December 4, 2012 Workshop Mtg.: 01/14/13 Regular Mtg.: 01/22/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to approve the interlocal agreement with Franklin County Fire District No. 3 for the provision of automatic fire tender service within annexation Area 2 and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $12,000 annual expense; General Fund . IV. HISTORY AND FACTS BRIEF: A) Annexation of Area 2 was effective January 1, 2013. The area contains about 600 acres of land with over 500 homes, but does not include presence of a sufficient number of fire hydrants to meet firefighting standards. The area has relied on fire suppression response from Franklin County Fire District No. 3 which uses fire tenders (water tanker) to ensure sufficient water can be available at a given fire. B) The absence of sufficient hydrants in the area could prove to be a constraint to the city's fire suppression response after annexation, depending on the location of the specific fire. Until sufficient fire hydrants are in place, the use of Franklin County Fire District No. 3 fire tenders can avoid a water supply problem for the city's fire suppression response. V. DISCUSSION: A) Contracting with Franklin County Fire District No. 3 appears to be the most prudent short-term method to assure sufficient water for firefighting purposes in annexation Area 2, until sufficient hydrants are in place. It is expected that installation of sufficient hydrants will require at least two years, as some additional water lines need to be installed first. B) The proposed interlocal agreement will put the mechanism in place for automatic response from Franklin County Fire District No. 3 for any fire calls in Area 2, effective February 1, 2013. 4(d) INTERLOCAL COOPERATION AGREEMENT CITY OF PASCO AND FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO.3 THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into this _ day of December, 2012, by and between the City of Pasco, Washington, a Washington municipal corporation, hereinafter referred to as "Pasco ", and Franklin County Fire Protection District No. 3, a Washington municipal corporation, hereinafter referred to as "District" as authorized by Chapter 39.34 of the Revised Code of Washington, enter into the following Agreement: WHEREAS, the City has annexed certain territory designated as "Annexation Area No. 2 ", into the City which will be effective on January 1, 2013; and WHEREAS, Annexation Area No. 2 does not presently have sufficient fire hydrants to meet the City's standard fire suppression services and, while the City intends to install additional fire hydrants following annexation, installation of such fire hydrants shall take at least one (1) year to accomplish; and WHEREAS, the City's fire suppression response is designed for and depends on the use of fire hydrants to supply sufficient water for firefighting purposes, and WHEREAS, the District has a water tender within close proximity to Annexation Area No. 2 which can serve as an on -site water source for the City's fire suppression response until such times as fire hydrants are installed, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION I PURPOSE The purpose of this Interlocal Agreement is to augment the fire suppression response of the City within Annexation Area No. 2 pending the installation of additional fire hydrants within that area, and securing the use and assistance of the District's water tender as an on -site water source for the suppression of fires within Annexation Area No. 2. SECTION II DISTRICT SERVICES The District shall provide, automatic response of a manned and operational water tender to assist the City Fire Department for the suppression of fires within Annexation Area No. 2 (Emergency Services Zone 836) as designated in the attached Map which is hereto attached and incorporated herein as Exhibit A. The water tender response will be automatic for residential structure fires, commercial structure fires, natural cover fires, and all Category 2 and 3 fires, or as requested by the Pasco Fire Department Incident Commander. The manned water tenders shall be delivered on -site to an incident within Annexation Area No. 2 (ESZ836) upon its availability within fifteen (15) minutes of the dispatch of the unit. SECTION III PERFORMANCE EXCUSED Under certain conditions, the District's failure to perform the obligations required under this Agreement may be excused if the water tender, or its full crew are unavailable due to other simultaneous emergencies or other causes beyond the control and without the fault or negligence of the District. SECTION IV WATER TENDER RESPONSE OUTSIDE OF ANNEXATION AREA NO.2 Response of the District's water tender to other Pasco Fire Department Emergency Service Zones will be as agreed between the Fire Chiefs of the City and the District. SECTION V CONSIDERATION In consideration of the services provided by the District, the City shall, commencing January 1, 2013, pay to the District, the sum of One Thousand Dollars and No Cents ($1,000.00) per month for District services provided under the terms of this Agreement, during the term or the extended term of this Agreement. SECTION VI TERM This Agreement shall be effective commencing on the I" day of January, 2013 and shall terminate on the 31st of December, 2013. However, the term of this Agreement shall be extended on a monthly basis thereafter until such time as fire hydrants are available within Annexation Area No. 2, or either party gives notice of its intent to terminate this Agreement by sixty (60) days advanced written notice. SECTION VII INDEMNIFICATION The City and the District shall defend, indemnify, and hold each other harmless for any claims, damages, causes of action, or judgments arising from or as a result of the negligent acts or omissions, or intentional acts of its respective agents, employees, or officers. Interlocal Cooperation Agreement - Page 2 City of Pasco and Franklin County Fire District No. 3 SECTION VIII INTERLOCAL COOPERATION ACT PROVISION The water tender, its equipment, and all components and any improvements thereon, shall remain the sole property of the District. All personnel utilized by the District in the fulfillment of this Agreement shall be solely within the supervision, direction, and control of the District and shall not be construed as lone servants or employees of the City. The District employees shall comply with established fire suppression protocols directed by the Incident Commander during a fire suppression event. All funding incident to the fulfillment of this Supplemental Interlocal Cooperation Agreement shall be the sole responsibility of the City and no special budget or funds are anticipated nor shall be created. It is not the intention that a separate legal entity be established to conduct the cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property anticipated. The City Fire Chief shall be designated as the Administrator of this Interlocal Cooperation Agreement. SECTION IX GENERAL PROVISIONS Time. For the purpose of this Agreement, time is of the essence and the prompt performance of the duties and responsibilities required under this Agreement shall be provided. Dispute Resolution. In the event a dispute should arise between the Parties regarding the interpretation, enforcement, or breach of this Agreement, the Parties shall first meet in a good faith attempt to resolve such dispute. If such dispute, with or without the assistance of mediation, cannot be resolved by agreement, the dispute shall be resolved by arbitration pursuant to RCW 7.04A with both Parties waiving the right to a jury trial upon De Novo review with venue being placed in Pasco, Franklin County, Washington, and the substantially prevailing party being awarded its reasonable attorney's fees and costs as additional judgment or award against the other party. SECTION X FILING REQUIREMENTS In compliance with RCW 39.34.040, this Agreement shall be listed by subject on the City's website or other electronically retrievable public source. IN WITNESS WHEREOF, the Parties have entered into this Supplemental Interlocal Cooperation Agreement by its duly authorized officers on the day and year first written above. CITY OF PASCO Matt Watkins, Mayor FRANKLIN COUNTY FIRE DISTRICT NO, 3 Date Tom Hughes, Chairman Date Interlocal Cooperation Agreement - Page 3 City of Pasco and Franklin County Fire District No. 3 STATE OF WASHINGTON ss. County of Franklin On this day personally appeared before me, 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 , 20_. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires on: STATE OF WASHINGTON : ss. County of Franklin On this day personally appeared before me, Tom Hughes, Chairman, Franklin County Fire District No. 3, 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 20_. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires on: Interlocal Cooperation Agreement - Page 4 City of Pasco and Franklin County Fire District No. 3 FOR: TO: FROM: SUBJECT: I. II. III. IV. V AGENDA REPORT NO. 03 City Council January 8, 2013 Gary Crutchf. ity Manager orkshop Mtg.: 01/14/2013 Ahmad Qayourpii, blic Works Director Comprehensive Sewer Plan REFERENCE(S): ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 01/14: Discussion FISCAL IMPACT: HISTORY AND FACTS BRIEF: A) In September 2011, the City of Pasco authorized Murray, Smith and Associates, Inc. (MSA), to assist the City in the creation of a Comprehensive Sewer Plan. B) The Comprehensive Sewer Plan will provide a holistic approach to addressing the City's wastewater collection and treatment needs to meet flows, loads and regulatory demands now and for the foreseeable future. The Comprehensive Sewer Plan (Plan) is intended to meet the requirements of a General Sewer Plan and Facility Plan/Engineering Report per the Washington Administrative Code (WAC), and comply with the City's National Pollutant Discharge Elimination System (NPDES) Permit, requiring an approved Plan. C) The City originally built a primary treatment facility in 1954 and in 1970 it was upgraded to meet secondary treatment requirements. The most recent major upgrade was in 1998 to increase the capacity of the facility. Currently, the City is designing for improvements and optimizations of the plant. The plant currently experiences flows between I and 4 million gallons per day (MGD). D) Over the past 10 years, the City has seen significant growth which has resulted in increase flows in the collection system and at the WWTP. This growth, coupled with significant urban expansion since the last planning effort was completed, requires development of a Comprehensive Sewer Plan that reflects current conditions and growth projections. E) The Comprehensive Sewer Plan was part of Council's 2010 -2011 Goals. DISCUSSION: A) Murray Smith & Associates and Staff will present an overview of the final draft. They have been coordinating the findings with the Department of Ecology. Once the City receives approval from Ecology, we will return to Council for adoption of the Comprehensive Sewer Plan findings, recommendations and Capital Improvements by resolution. 4(e) AGENDA REPORT FOR: City Counci TO: Gary Crutch 1 Manager FROM: Stan Strebel, Ds putt' City Manag@t::. SUBJECT: Construction Bids /Contract Municipal Court I. REFERENCE(S): Construction Cost Estimate January 8, 2013 Workshop Mtg.: 1/14/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion III. FISCAL IMPACT: Current Cost Estimate: $3,761,998 Funding from Voter Approved Public Safety Sales Tax IV. HISTORY AND FACTS BRIEF: A) In January 2012, Council approved an agreement with LCA +pH, Architects for design services for the new Municipal Court facility in conjunction with Franklin County's project to expand and remodel the jail and construct new office space for the County Sheriff. B) Design work has been completed and the County has advertised the project for bid with bid opening set for January 16, 2013. Within 48 hours after bid opening, the apparent low bidder will provide its cost breakdown and calculation of the city's (Municipal Court) portion of the bid cost. C) In conjunction with the County's review of bids, staff expects to be able to provide construction costs and a recommended construction contract for Council's review at the meeting of January 22. 4 (fi) CITY OF PASCO COURTS Courts Construction Cost 100% CD Estimate 9126/2012 Square Footage Estimated 1CostperSFJ I Estimated Cost Common Areas (Entry /Stairs /Elev /Corridors) Courts Prosecuting Attorney Secure Corridor 21477 10,768 - $ 230 $ 220 $ $ $ 569,710 21368,960 Total 13,245 $ 23938,670 Site Work Site Work 13,245 $ 10 $ 132,450 Total $ 132,450 Subtotal Construction Cost $ 3,071,120 Sales Tax 8.6% $ 264,116 Total Construction Cost $ 3,335,236 Construction Contingency 5% FF &E Budget Non - Construction Cost $ $ $ 166,762 _ 260,000 Total Project Cost $ 3,761,998 AGENDA REPORT FOR: City Councin January 8, 2013 TO: Gary Crutchfi i y Manager Workshop Mtg.: 1/14/13 Regular Mtg.: 1/22/13 FROM: Stan Strebel, Deputy City Manager SUBJECT: Interlocal Agreement with City of Mesa for Municipal Court Services I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion 1/22: MOTION: I move to approve the Interlocal Agreement with the City of Mesa for Municipal Court Services and, further, authorize the Mayor to sign the documents. III. FISCAL IMPACT: The City will recover its costs plus about 10 %; Mesa court volume is expected to be insignificant. IV. HISTORY AND FACTS BRIEF: A) The City of Mesa, in need of a court mechanism to handle city infractions and cases, has been unable to reach an agreement to use Franklin County District Court. Approached by Mesa for assistance, City staff has worked to develop an agreement that will allow the City to recover its costs plus, roughly, a 10% administrative fee. Cases are expected to be few, primarily infractions, approximately 3 -5 per month. B) Under the agreement, Mesa will be responsible to remit all monies it owes to the state directly. The City will maintain any probation fees but disperse local court revenues to Mesa as calculated by the State Judicial Information System database. C) The agreement is for two years, allowing both cities to assess the suitability of the agreement for continuation. V. DISCUSSION: A) Staff recommends approval. 4(g) INTERLOCAL AGREEMENT BETWEEN THE CITY OF MESA AND THE CITY OF PASCO FOR MUNICIPAL COURT SERVICES AND FACILITIES WHEREAS, the City of Mesa (hereafter "Mesa ") is a municipal corporation organized under the laws of the State of Washington; and WHEREAS, the City of Pasco (hereafter "Pasco ") is a municipal corporation organized under the laws of the State of Washington; and WHEREAS, each of the parties to this Agreement is authorized under Washington law to operate a municipal court (Chapter 3.50 RCW); and WHEREAS, Chapter 39.34 RCW ( "The Interlocal Cooperation Act") permits municipal corporations to contract with one another to perform any act that each is independently authorized to perform; and WHEREAS, RCW 39.34.180 and 3.50.805 authorize municipal corporations to enter into interlocal agreements for municipal court services; and WHEREAS, Pasco currently operates a municipal court; and WHEREAS, Pasco is willing to provide these municipal court services to Mesa; and NOW, THEREFORE, in consideration for the mutual covenants and promises set forth in this Agreement, and in the exercise of authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW, Mesa and Pasco do hereby agree to the following: 11 Purpose. The purpose of this Agreement is to provide municipal court services to Mesa. 2, Administration. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. The City of Pasco's representative shall be Dot French, Court Administrator. City of Mesa's representative shall be Teresa Standridge, City Clerk. No joint acquisition of real or personal property is contemplated hereunder. Mesa agrees that court operations under this Agreement will be as provided for by Pasco Municipal Code Chapter 2.14. 3. Duties of Pasco. Pasco shall perform the following duties: (a) Provide all municipal court services for Mesa. For the purpose of this Agreement, "Municipal Court Services" shall include all local court services currently provided by Pasco Municipal Court including, filing, processing, adjudication, and penalty enforcement of all Mesa cases filed, or to be filed, by Mesa in Pasco Municipal Court. This includes, but is not limited to, issuance of search and arrest warrants, issuance of subpoenas for non - criminal traffic citations to an officer or radar expert on behalf of a defendant when a timely and written request is submitted in conformance with IRLJ 3.1 (a) and local court rules, setting of motions and evidentiary hearings, pre - trials, bench trials, jury trials, sentencing, reviews, post -trial motions and provide court security. Pasco shall provide all necessary court services personnel, equipment and facilities to perform the foregoing described Municipal Court Services in a timely manner as required by law and court rule. (b) Provide facilities, materials, and support staff of the municipal judge and pro tem judge(s). (c) Compensate the municipal judge and pro tem judge(s), as per the terms of this Agreement. (d) Accept all misdemeanor criminal and infraction filings and timely process and adjudicate the same. (e) Remit all revenues due to Mesa pursuant to this agreement. (f) Provide collection services to collect court- mandated costs and assessments. (g) Provide monitoring of court ordered probation. (Pasco shall retain revenue associated with assigned probation cases). (h) Provide for necessary language interpretation services. (i) Provide Prosecution and Public Defense services, as needed. 4. Duties of Mesa. Mesa shall perform the following duties: (a) Filing of Tickets. Criminal citations and infractions issued by Mesa shall be filed with the Pasco Court within 2 business days after the violation or ticket issuance. If a person is booked into jail, Franklin County Sheriff must fax the police report to the Pasco Municipal Court no later than 8:00 AM the next day. (b) Warrants. Whenever Mesa executes a warrant, Mesa shall contact the Pasco Municipal Court and make a return on the warrant as soon as possible. (c) Jail Costs. Mesa is responsible for incarceration arrangements for its defendants and the cost for such incarceration. (d) Appeals. In the event that Mesa files an appeal, Mesa shall be responsible for all costs and fees necessary to effect and prosecute said appeal. 5. Mesa Municipal Court Created. Mesa is creating a municipal court. This court is being established for statutory purposes only. Mesa hereby designates the Pasco Municipal Court to operate as the municipal court for Mesa. A case filed in Pasco Municipal Court will continue to be identified as a case filed by Mesa. (a) Municipal Judge. The Mayor of Mesa shall appoint a Municipal Judge to preside over its respective municipal court. Mesa agrees to appoint the current Pasco Municipal Judge to this position. The appointed Municipal Judge shall be qualified in accordance with state law, including holding a law degree and being admitted to practice law under the laws of the State of Washington. Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 2 (b) Court Administrator. Mesa shall appoint a Court Administrator to supervise the municipal court. Mesa agrees to appoint the current Pasco Court Administrator to this position. The appointed Court Administrator shall be qualified in accordance with City of Pasco Municipal Court current job description. (c) Salary. Mesa shall provide that the Judge and Court Administrator shall be compensated as established by the City of Pasco. 6. Cost of Contract and Payments. Mesa shall pay Pasco for providing municipal court/ hearing services on a per case basis as follows: (a) For each criminal citation filed- $300. (b) For each traffic, parking, or non - traffic infraction filed- $50. (c) For each case which requires assignment of the City Prosecutor- $100; Jury trial- $400. (d) For each case which requires assignment of a public defender- $170; Jury trial- $440. (e) Actual costs for each jury panel. (f) For each case which requires assignment of arraignment counsel- $60. Hearing services for vehicle impounds and dangerous dogs will be provided at $80/hr. Services will be scheduled through the Pasco City Clerk, by Mesa, as needed. These fees shall be paid regardless of whether the cases are later dismissed without a full adjudication. Pasco shall bill Mesa on a monthly basis for amounts due under this Agreement. Mesa shall pay the amount due within 45 days of receipt. However, if Mesa has a good faith dispute with the amount of the invoice, Mesa shall pay the non - disputed amount within the time frame set forth in this section. 7. Compensation for Court Costs. Pursuant to RCW 3.62.070 and RCW 39.24.180, Pasco shall remit to Mesa Local Court Revenues as distributed by the Judicial Information System (JIS) database, for Mesa cases, at the end of each month. Mesa shall be responsible to remit all monies due and owed to the State of Washington in connection with Mesa's cases. In entering into this Agreement for Municipal Court Services, Mesa and Pasco have considered, pursuant to RCW 39.34.180, the anticipated costs of services, anticipated and potential revenues to fund the services, including fines and fees, filing fee recoupment, criminal justice funding, and state sales tax funding. 8. Local Court Revenues Defined. The Local Court Revenues include all fines, forfeited bail, penalties, court cost recoupment and parking ticket payments derived from Mesa cases filed after payment of any and all assessments required by state law thereon. Local Court revenues include all revenues defined above received by the Court as of the effective date of this agreement. Local Court Revenues exclude: restitution or reimbursement to Mesa or a crime victim, or other restitution as may be awarded by a judge. Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 3 91 Monthly Reporting and Monthly Payment to City. Pasco shall provide to Mesa a monthly remittance report and a check or wire transfer for Local Court Revenues no later than ten business days after the end of the calendar month. In addition, Pasco will provide to Mesa a monthly report listing Mesa cases filed with Pasco Municipal Court for said month. 10. Indemnification. (a) Mesa Ordinances, Rules and Regulations. In executing this Agreement, Pasco does not assume liability or responsibility for or in any way release Mesa from any liability or responsibility which arises in whole or in part from the existence or effect of Mesa ordinances, rules, or regulations, policies or procedures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any Mesa ordinance, rule, or regulation is at issue, Mesa shall defend the same at its sole expense and if judgment is entered or damages are awarded against Mesa, Pasco, or both, Mesa shall satisfy the same, including all chargeable costs and attorneys' fees. (b) Mesa Indemnification of Pasco. Mesa shall indemnify, defend, and hold harmless Pasco, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys' fees in defense thereof, for injuries, sickness or death of persons (including employees of Mesa), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of Mesa's acts errors or omissions with respect to the subject matter of this agreement; provided, however; (i) Mesa's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of Pasco, its officers, agents or employees; and (ii) Mesa's obligation to indemnify, defend, and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of Mesa and Pasco shall apply only to the extent that Mesa's actions or negligence caused or contributed thereto. (c) Pasco Indemnification of Mesa. Pasco shall indemnify, defend, and hold harmless Mesa, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys' fees in defense thereof, for injuries, sickness or death or persons (including employees of Pasco), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of Pasco' acts, errors or omissions with respect to the subject matter of this agreement; provided, however (i) Pasco's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of Mesa, its officers, agent or employees; and (ii) Pasco's obligation to indemnify, defend and hold harmless for Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 4 injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of Pasco and Mesa shall apply only to the extent that Pasco's actions or negligence caused or contributed thereto. (d) Indemnification for Events Occurring Prior to Termination of Court Services. The obligation to indemnify, defend and hold harmless for those injuries provided for in Sections 11(b) and 11(c) extends to those events occurring prior to the termination of court services under this Agreement. No obligation exists to indemnify for injuries caused by or resulting from events occurring after the last day of court services under this Agreement. The obligation, of a party, to indemnify, defend, and hold harmless, under Sections 11(b) and 11(c) shall survive termination of this Agreement for any event that occurred prior to such termination. 11. Actions Contesting Agreement. Each party shall appear and defend any action or legal proceeding brought to determine or contest: (i) the validity of this Agreement and/or (ii) the legal authority of Mesa and/or Pasco to undertake the activities contemplated by this Agreement. If both parties to this Agreement are not named as parties to the action, the party named shall give the other party prompt notice of the action and provide the other an opportunity to intervene. Each party shall bear any costs and expenses taxed by the court against it; any costs and expenses assessed by a court against both parties jointly shall be shared equally. 12. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Mesa a Pasco employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded Pasco's employees by virtue of their employment. Nothing in this Agreement shall make any employee of Pasco a Mesa employee for any purpose, including but not limited to for withholding taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded Mesa employees by virtue of their employment. At all times pertinent hereto, employees of Pasco are acting as Pasco employees and employees of Mesa are acting as Mesa employees. 13. Notice. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: To Pasco: Dot French, Court Administrator City of Pasco 525 North 3rd Avenue Pasco, WA 99301 509 -545 -3492 Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 5 To Mesa: Teresa Standridge, City Clerk PO Box 146 Mesa, WA 99343 (509) 265 -4253 14, Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Notwithstanding the foregoing, this Agreement shall be subject to re- negotiation as provided in this Agreement. 15, Assignability. The rights, duties, and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 16. Entire Agreement, This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements between them regarding the subject matter hereof. There are no other representations, agreements, or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement. No amendment of, or supplement to, this Agreement shall be valid or effective unless made in writing and executed by the parties hereto. 17. Mediation/Arbitration Clause. In the event of a dispute regarding the breach, interpretation, or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute. In the event that the parties, either with or without the assistance of a mediator cannot resolve the dispute, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A. The costs of the arbitrator shall be equally borne between the parties; however the Arbitrator may award attorney fees and costs of the substantially prevailing party as an additional award against the other. Venue shall be placed in Pasco, Washington and in the event of a de novo appeal, the parties waive their respective rights to a jury trial. 18. Captions. The section and paragraph captions used in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 19. Interloeal Cooperation Act Provision. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No special fund or budgets are anticipated, nor shall be created as a result of this Agreement. For the purpose of administration, the City Manager, or his designee, is designated as the Administrator on behalf of the City of Pasco; and the Mayor, or the Mayor's designee, is designated as the Administrator on behalf of the City of Mesa. A copy of this Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either Parties' website or other electronically retrievable public source. Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 6 20. Duration and Termination. The terms of this Agreement shall be for a period of two (2) years. The Agreement shall take effect on 2013 or as soon thereafter as all of the following events have occurred: (a) Approval of the Agreement by the official action of the governing bodies of each of the parties hereto. (b) Execution of the Agreement by the duly authorized representative of each of the parties hereto. (c) Filing a copy of this Agreement with the Franklin County Auditor. Either party may elect to terminate this Agreement by written notice of termination to the other party delivered by regular mail to the contact person identified herein. Said termination shall become effective one - hundred eighty (18 0) days from the date of receipt of said written notice. DATED this day of CITY OF PASCO Matt Watkins, Mayor ATTEST Debbie Clark, City Clerk 000111? TY F MESA r i, David M. Ferguson, Ma ATTEST esa tdridge, City Cler APPROVED AS TO FORM APPROVED AS TO FORM Lee Kerr, Attorney Lee Kerr, Attorney Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 7 AGENDA REPORT FOR: City Council TO: Gary Crutch ell Manager FROM: Stan Strebel, Wputy City Manager SUBJECT: Contract for Collection Services Zw I. REFERENCE(S): 1. Proposed Contract January 7, 2013 Workshop Mtg.: 1/14/13 Regular Mtg.: 1/22/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion 1/22: MOTION: I move to approve the Collection Agency Contract with Washington Collectors Tri- Cities, Inc., and, further, authorize the City Manager to sign the document. III. FISCAL IMPACT: The contract provides that the City will receive its full principal amount, plus interest (50 %) on collected amounts. The collection fees (40 %) are added to principal amounts and payable to the collection agency. The agency receives 50% of interest collected. IV. HISTORY AND FACTS BRIEF: A) The City has had a contract with Washington Collectors for many years for the collection of its delinquent accounts and other unpaid bills. One agreement covers collection needs for Municipal Court as well as the Finance Division. B) Staff has worked with Washington Collectors to update and clarify contract language and procedures. Collection agencies must follow procedures set out in state law. V. DISCUSSION: A) Staff recommends approval of the contract. 4(h) CITY OF PASCO COLLECTION AGENCY CONTRACT THIS CONTRACT is made and entered into by and between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Washington Collectors Tri- Cities, Inc., a collection agency duly licensed under and pursuant to the laws of the State of Washington, hereinafter referred to as "Agent." RECITALS: WHEREAS, City desires Agent to undertake the collection of delinquent accounts from time to time in the manner and under the terms and conditions hereinafter set forth; and WHEREAS, the parties contemplate a future course of dealing as City and Agent, and desire to set forth and define herein the mutual rights, obligations, and liabilities of the parties hereto in such course of dealings; NOW, THEREFOR, in consideration of the promises and of the mutual agreements of the parties hereto, it is hereby agreed as follows: 11 AGENT APPOINTED: City hereby appoints Agent as its agent to collect and receive for the City all sums of money due and payable to the City of Pasco for debts which the City lists with the Agent. 2, COMPLIANCE WITH LAW: Agent shall comply with the collection laws of the State of Washington and Public Law 95 -109 (Fair Debt Collection Practices Act) and all Federal regulations and laws governing collections, including those mandated under the Health Insurance Portability and Accountability Act (HIPAA). New legislation affecting City or Agent with respect to terms and conditions of this contract shall be made a part of this contract by notice of either party to the other and in all cases compliance with the statute on its effective date shall be implemented until such time as an addendum to the contract can be written. 3. DEFINITIONS: A. "City" means the City of Pasco and all of its departments and divisions, including, but not limited to the Finance Division (for ambulance; utility, cemetery and other City billings) and the Municipal Court. B. "Collections" means monies collected from Debtor by Agent after date on which Agent acknowledges receipt of the account. Remittance statements for collections will show amounts for principal, contingent fees and interest separately. C. "Court" means the City of Pasco Municipal Court. D. "Debt' means unpaid amounts owed to the City including, but not limited to, utility billings, ambulance billings, cemetery or other miscellaneous billings referred by the Finance Division, plus unpaid infractions, criminal fines, civil judgments, and other costs, assessments and forfeitures that have been imposed by the Court. E. "Direct Payments" means the City receives money due from debtor. F. "Debtor" means any individual, partnership, corporation or other entity which owes money to City. G. Contingent Fees" means money due Agent from the City in payment for collection services rendered, pursuant to RCW 19.16.500. 4. TERM: This Contract shall continue in effect for a period beginning January 1, 2013 and ending December 31, 2017, unless earlier terminated as provided for in Section 10 of this contract. 51 COMPROMISE SETTLEMENT /CANCELLATIONS: Agent shall not accept any compromise settlement of principal amounts due the City without prior approval of the City. City shall not accept any compromise settlement of contingent fees and /or interest due the Agent without prior consultation with the Agent. After a case has been listed with Agent for in excess of 30 days, City will limit requests for account cancellations to special circumstances (such as error or failure of reasonable notice ) and after prior consultation with the Agent. 6, RELATIONSHIP OF PARTIES: Agent is an independent contractor and nothing contained in this contract shall be construed as constituting Agent as servant, agent or employee of City. Agent is solely responsible for the employment, acts and omissions, control and direction of its employees. INDEMNIFICATION: Agent shall indemnify and save City harmless from any and all claims, demands, or causes of action asserted against City, arising out of or in any way connected with the collection activities of Agent on accounts referred to Agent by City, except due to the sole negligence of the City. 8, DESCRIPTION OF SERVICES: Agent's services are to be provided under the following conditions: A. All costs associated with pre - collection and collection, including postage, supplies and staff, will be provided by Agent. B. Pre - collection services and monies collected during pre - collection are not subject to contingent fees. No monies will be collected by Agent during pre - collection. All payments during pre - collection shall be forwarded to the City. Collection Agency Contract Page 2 C. Monies collected during regular collection will be subject to contingent fees and reported as applicable to the City Finance Division and remitted on a semi - monthly (by the 15a' and 31" of each month respectively) basis or reported as applicable to the Court and remitted on a monthly basis. In both cases, remittance statements will show principal amounts and contingent fees separately. Interest postings will be remitted monthly on a separate statement. D. In all cases where the Revised Code of Washington (RCW 19.16.500) allows contingent fees, such contingent fees will be added to the account balance pursuant to statute, at a rate of 40 %, after pre- collection. Interest collected shall be split equally between the City and Agent. E. Direct contact with Debtors will be by trained collection staff. F. Agent will advance legal costs and have an attorney on retainer. G. Agent will provide progress reports and a variety of specialized reports monthly. Semi - annual and annual recaps of performance, for all types of accounts, will also be provided. H. The License Restoration Program and its process will be at the discretion of Agent, subject to the Court's approval of the Agent's policies and procedures. City shall not waive or reduce Agent's processing fees without consultation with the Agent. I. The City will not accept payment on any account which has been listed with Agent, but will refer the debtor to the Agent for payment. Furthermore, City agrees that any holds (i.e., water lien or other); will not be released until all principal, contingent fees and interest are satisfied. J. In cases where payment is made by personal check, posting to release the hold will be made when the check clears. 91 KEY CONTACT PERSONS: The authorized contact personnel for the City are: • Finance Division • Dunyele Mason, Financial Services Manager; • Karen Southwick, Accounting Lead; • Santa Cooper, Customer Service/Utility Billing Manager; • Tami Hewett, Accounts Receivable Clerk; Municipal Court • Dot French, Municipal Court Administrator; • Daisha Hopp, Administrative Assistant. The key contact personnel for Agent are: ■ Marcie Grace; • Araceli Lamb. 10. EARLY TERMINATION: Either party may at any time cause this contract to terminate, without cause, upon giving ninety (90) days written notice to the other party. The contract shall terminate at the end of the ninety days. Collection Agency Contract Page 3 11. ASSURANCE OF NON - DISCRIMINATION: Agent hereby confirms, agrees to, and assures compliance with consistent with Titles VI and VII of the 1964 Civil Rights Act as Order 11246 as amended by Executive Order 11375; Sections 503 Act of 1975 and the Age Discrimination in Employment Act of Veteran Readjustment Assistance Act; and the Washington State ] Chapter 490 RCW. non - discriminatory practices amended in 1972; Executive and 504 of the Rehabilitation 1967; the 1974 Vietnam Era .aws Against Discrimination, Approved and executed on the / 7 , day of v , 2012. WASHINGTON COLLECTORS TRI- CITIES, INC. Q�02 0041 ARACELI LAMB Vice - President Approved and executed on the day of CITY OF PASCO GARY CRUTCHFIELD City Manager ATTEST Debbie Clark, City Clerk 2012, APPROVED AS TO FORM: Lee Kerr, City Attorney Collection Agency Contract Page 4 AGENDA REPORT FOR: City Council n JANUARY 9, 2013 TO: Gary Crutchfie` �'l�'j�✓ Manager Workshop Mtg.: 1/14/13 FROM: Rick Terway, DiirreecttJJo''r, Administrative & Community Services SUBJECT: Kurtzman and Richardson Pool Recommendations I. REFERENCE(S): 1. Memo from Park & Recreation Advisory Board to City Council dated January 2, 2013 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion III. FISCAL IMPACT: $250,000 CDBG Funds IV. HISTORY AND FACTS BRIEF: A) Both Kurtzman and Richardson pools have exceeded their life expectancy. The pools were originally built in the late 60's and mechanical/building renovations took place in the 80's. The buildings have been modified from an open (side wall) venting to a vent location at the top of the walls. Plumbing and electrical failures have occurred over time and resulted in rerouting them along walls and ceilings. Diving boards were removed due to new depth requirements, which limit the activities offered. Richardson Pool had a major pump failure and was closed for most of the 2012 season. B) Both facilities have major issues with their filtration systems and do not meet current health department standards for the number of turnovers (water cleanliness) required. Piping systems would have to be replaced and new filter systems installed to bring them up to code. New health department requirements call for an ADA lift to be stationed on the deck of each facility. Both buildings are in need of major repairs such as roof replacement and the outside doors are failing (rusting out). The decks and tanks also need to be replaced. C) Water Technology Inc. (WTI) was retained to study the two pools and has determined that they in fact have met their useful life and then some. In addition, the current configuration, a basic rectangle tank, does not offer the amenities that are expected at today's facilities, such as zero depth entry, spray toys and water slides. V. DISCUSSION: A) In October, the Park and Recreation Advisory Board held two neighborhood meetings to get public input on the future of Kurtzman and Richardson Pools. These meeting were not well attended as stated in the memorandum from the Park Board. At the November meeting the board voted to support replacing the pools with spray parks on a City wide basis, based on fund availability. B) The 2013 Capital Budget includes replacement of Kurtzman Pool with the spray park option; Community Development Block Grant funds have been set aside for the Kurtzman replacement in 2013. The current Capital Budget plan anticipates replacement of Richardson Pool with a spray park in 2014. C) Due to the condition of both smaller pools, staff recommends that both pools be demolished in favor of the spray park concept. D) Staff requests Council's concurrence to implement the Kurtzman Spray Park project. 4(i) ® Administrative & Community Service Department January 2, 2013 Memorandum To: City Council Gary Crutchfield, City Manager From: Park and Recreation Advisory Board Rick Terway, Director A &CS Subject: Pool replacement for Neighborhoods The Park and Recreation Advisory Board held public meetings in both the Richardson and Kurtzman Park areas in lieu of their regular monthly meeting in October 2012. Over 5100 invitations were sent home with elementary and middle school students asking residents of the affected neighborhoods for input on the topic of pool replacement. The attendance at these meetings was very low; this may indicate that the subject was not important or that the timing was not desirable. If only 5% of the families who received the notice attended the meetings, this would equate to 255 persons or 127.5 per meeting; we had an average of 4 at each meeting. Staff presented a power point with the options as defined by WTI (the consultant hired by the City to evaluate the condition of the two pools) which concluded that they have exceeded their life expectancy and what options to consider when replacing the pools. A similar report was given to the City Council at the August 13, 2012 workshop meeting (attached). At the November 2012 Park and Recreation Advisory Board meeting the board discussed at length the options, cost of construction and operations and hours of operation of the various options. One of the members stated that during the time when the pool bond for upgrading Memorial Pool was requested, that spray parks were discussed for Richardson and Kurtzman. Also discussed was if we did replace the pools, the same should be done in the west side of the City which would mean we would need to have up to 6 new pools. At the end of the discussion the following motion was made: MOTION: Abigail moved to recommend spray parks to replace neighborhood pools and additional spray parks throughout the City in the future as funding becomes available. Tom seconded. Motion carried unanimously. AGENDA REPORT NO.4 FOR: City Council TO: Gary Crutchfi anager FROM: Ahmad Qayo Public Works Director SUBJECT: 2013 Capital Improvement Projects I. REFERENCE(S): 1. Map 2. Table of Capital Projects January 8, 2013 Workshop Mtg.: 1/14/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion II. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: A. To keep Council apprised of upcoming projects, attached is a summary of Public Works' Capital Improvement Projects to be advertised for award and construction in 2013. The summary delineates the projects by month and area. The estimated total for all of the Capital Improvement Projects for 2013 is $22.9 million 4(j) TOTAL ESTIMATED PROJECT COST: $22.9 MILLION PROJECT NAME Estimated Advert. Date 1 WATERLINE REPLACEMENT - ROAD 5- OCTOBER 2012 2 COMMERCIAL KAHLOTUS LIFT STATION DECEMBER 2012 3 PWRF TREATMENT SYSTEM OPTIMIZATION - PHASES 1 AND 2 DECEMBER 2012 4 4TH AVENUE BLOCK WALL JANUARY 2013 5 4TH AVENUE CORRIDOR COURT STREET TO 1 -182 JANUARY 2013 61 COMMERCIAL KAHLOTUS GRAVITY SEWER - SOUTH JANUARY 2013 7 HERITAGE RAIL SPUR JANUARY 2013 8 POWERLINE ROAD (ROAD 100 TO ROAD 68 JANUARY 2013 9 USBR IRRIGATION CONNECTION JANUARY 2013 10 2011 FILTRATION PLANT IMPROVEMENTS - STORAGE BLDG. FEBRUARY 2013 11 2012 STP OVERLAYS FEBRUARY 2013 12 RIVERVIEW PUMP STATION REPAIR FEBRUARY 2013 13 2013 SEWER RE- LINING PROJECT MARCH 2013 14 ADA RAMP REPLACEMENTS - 2012 MARCH 2013 15 COMMERCIAL / SR -12 / LEWIS STREET WATERLINE MARCH 2013 16 ROAD 68 IMPROVEMENTS - PHASE 2 MARCH 2013 17 ROAD 68 SIGNALS INTERCONNECT MARCH 2013 ATE 3 is LID *** P. -. R;- 2013 ARGENT ROAD WIDENING ROAD 44 TO 20TH AVENUE DECEMBER 2013 OREGON AVENUE (SR -397 ) DECEMBER 2013 TOTAL ESTIMATED PROJECT COST: $22.9 MILLION AGENDA REPORT NO, 01 FOR: City Council January 08, 2013 TO: Gary Crutchfiel anager Ahmad Qayou , Pu ' Works Director FROM: Michael A. Pawlak, PE, City Engineer Workshop Mtg.: 1/14/13 Regular Mtg.: 1/22!13 SUBJECT: 2011 Filtration Plant Improvements (Storage Building) I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement with Scope of Work II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion 1/22: MOTION: I move to approve the Professional Services Agreement with Meier Architecture & Engineering for the Filtration Plant Storage Building, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Water Utility IV. HISTORY AND FACTS BRIEF: A) The Butterfield Water Plant storage building was identified as one of several projects in the 2012 -2017 Capital Improvements Plan, approved by City Council per Resolution No. 3336. B) The 2013 Capital Improvements Budget includes this project for 2013 design and construction utilizing available funds from the Water Utility Rates. V. DISCUSSION: A) On September 19, 2012, the City requested for proposals (RFP) from sixteen consulting firms. We received proposals from four. After review of the proposals by the consultant selection team, Meier was selected for the project. B) Meier will provide services including design, survey, submittal review, drawings, specifications and calculations as outlined in the attached Scope of Work for the preparation of construction documents to allow for bidding and construction of the improvements. C) The fee for this work is proposed at the lump sum of $21,697 and is expected to be completed by March 31, 2013. D) Staff recommends approval of the Professional Services Agreement with Meier Architecture and Engineering. 4(k) amQ Z U_ LLI 0 z 1S v "! 0 O O ~ ~ a NM .. -H- O Z a D Ip, O d f ii» ,. n 1L Ax. LK co r . 1 . y i 0. J Z LL AAV J w / �HIHOMSNIV PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and Meier Architecture • Engineering hereinafter referred to as the "Consultant'. WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide structural engineering, civil engineering, and architectural design services with respect to the development of a storage buildinglgarage at the Butterfield Water Treatment Plant, 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 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 lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $ 21,697, 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 60 days. 5. Indemnification. A. The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings Professional Services Agreement - 2 for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of or as a result of, or in connection with the work performed under this Agreement, or caused or occasioned in whole or in part by reason of errors, negligent acts or omissions, or the presence of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. B. Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. C. It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. D. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. E. This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. F. This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 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. S. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or Professional Services Agreement - 3 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 aooroval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. 10, Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 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 wan-ants 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 Professional Services Agreement - 4 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 Notices to the Consultant shall be sent to the following address: Meier Architecture • Engineering 8697 W. Gage Blvd. Kennewick, WA 99336 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 2013 CITY OF PASCO CONSULTANT: By: By:� r/Zxv-u� Matt Watkins, Mayor Signature, Printed Name and Title 57,t✓a.1 V. PwjL*1#>bs&- ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement - 5 5K ?Wmw vuN,tUwL, 1? C EXHITBIT A Pagel of 9 r ARCHITMTURE.EN O IN EERINO CLIENT: Teresa K. Reed - Jennings, PE Senior Engineer - Utilities City of Pasco 525 N. Third Avenue Pasco, WA 99301 PROJECT: CIP C3 -11 -52 -WTR — 2011 FILTRATION PLANT IMPROVEMENT STORAGE BUILDING DESIGN SCOPE: Meier Architecture • Engineering (Meier) will provide the following services: Design a storage facility that will be approximately 20 feet x 40 feet long for the Butterfield Water Treatment Plant adjacent to the existing Chlorine Building adjacent to S. 13a' Street in accordance with Request for Proposal CIP C3 -11 -52 -WTR -2011, Filtration Plant Improvement Storage Building Design. The Meier design team will meet with your project personnel to determine optimum arrangements for the site and the building interior. 2. Specific items included in the design are a site survey performed by a Professional Surveyor and a revised vehicle entry /exit to accommodate chlorine truck deliveries. The structural design will not impact the existing clear wells, constructions estimates at the 30 %, 60 %, and 90% stages of the design, and electrical design for interior and exterior lighting. 3. Design review submittals will be submitted in PDF form. A review meeting will be held no later than 10 working days after the submittal. 4. Drawings, specifications, and calculations will be stamped by an engineer registered in the State of Washington. The deliverables for the design include the following: A. Architectural Floor /Roof Plan. B. Architectural Elevations /Building Sections. C. Architectural Details /Schedules. D. Civil Plan with Utilities, Grades, and Paving. E. Civil Details. F. Structural Foundation/Roof Plan. G. Structural Details, H. Electrical Plan. I. Construction Specification. J. Stormwater calculations. K. Structural calculations. P12 -0408 Page 1 10/23/2012 8697 Gage Boulevard I Kennewick, WA 99336 P: 509,735.1589 1 F: 509.783.5075 www.melerine.eom EXHITBIT A Page 2 of 9 5. The proposal does not include engineering support during the construction period. This service, if requested, will be performed under a separate proposal. 6. Design of Landscaping has not been included in the proposal. The design does not include heating of the building, water or sewer to the building, floor drains, or a metal stairway from the main building to the storage building. If these services are requested, they will be priced under separate cover. All services not specifically outlined in the scope of work above shall be considered additional services, and shall be subject to a commensurate adjustment to the agreed compensation, which shall be determined by way of a written addendum, signed by the parties, prior to proceeding with the additional work. COMPENSATION: Meier will perform these services for a firm fixed fee of $21,697. Invoices will be submitted monthly. A 1.5% interest charge will be added for late payment beyond the normal 30 day billing period. Agreement to provide services, as stated, is valid if approved within 30 days of date submitted. Approvals beyond 30 days are subject to re- negotiation of scope and fee. OTHER TERMS AND CONDITIONS: The City of Pasco Standard Business Conditions as mutually agreed by both parties will form a part of this Agreement. Thank you for the opportunity to submit this agreement. We look forward to working with you on this Project. If the scope of work above does not adequately reflect your expectations, please let us know. It is our goal to meet your needs and budget on this Project. If you have any other questions, please feel free to contact the undersigned directly. Sincerely AO — Steve Palmrose Sr. Project Manager, PE SVP:sjm Proposal No. P12 -0408 Letter No. 12 -0703 P12 -0408 Page 2 10/23/2012 Global Excellence by Design www.meierinc.com EXHITBIT A Page 3 of 9 Meier Architecture a Engineering Project Title: 2011 filtration Plan ImproveJnent Storage 5ullding Design ProJecUPryposal N0: P12 -QgQ8 Task No: Project Manager. S. P.elmrose Task Dwriptlon: Date: 40/1/2012 Client Name: City of Pasco AIE SERVICES Services Expenses Sub -Total GENERAL $3,440,00 $79.92 $3,519.92 ARCHITECTURE $7,084.00 $60.00 $7,144.00 CIVIL $3,112.00 $1,698.60 $42810.60 ELECTRICAL $1,722.00 $0.00 $1,722.00 MECHANICAL $0.00 $0.00 $0.00 STRUCTURAL $4,500.00 $0.00 $4,500.00 $199858.00 $19838.52 $21,696.52 PROJECT EXPENSES BREAKDOWN MILEAGE $91.02 CAD STATION $0.00 CONSULTANT EXPENSE $1,687.50 REPRODUCTION $60.00 TRAVEL / LODGING $0.00 AIRLINE COSTS $0.00 MISCELLANEOUS $0.00 Total Expenses 51,838.52 Total Project Cost $21,696.52 Project Manager Approval: Date: Authorized Approval: Date: EXHITBIT A Page 4 of 9 Meler Archicture• Engineering GENERAL As SERVICES PROJECT TITLE 2011 FIRration Plan Improvement Storage Building Design PROJECTIPROPOSAL NO- P12.0408 PROJECT MANAGER: S, Palmroso TASK NO. TASK DESCRIPTION: DATE PRSPARSD: 101112012 CLIENT MAIII Of Pasco 'RINCiPAI SR PROJECT SENIOR ESTIMATOR PRINCIPAL SENIOR CAD ADWWIF.f TOTAL NONE TOTAL PM MANAGER 2 ENGINEER 3 DESIGNER DESIGNER 3 DESIGNER 2 EDI IOR COST HOURS ACTIVITY @ @ 0 @ @ a (9 @ CODE DESCRIPTION 145 n0 i'0011 .1111 Fn. 11lieli 100W 0200 7400 WAIT GD10 PROJECT MANAGEMENT S ^_.._.__. —' G020 WORK PLAN6/DESIGN CRITERIA _ GD3D MEETINGS S 1,040W B G040 SITE INVEGTIGATIONIOBSERVATION 4 G050 ARCHITECTURE /ENGINEERING GDSO CHECK DOCUMENTS G070 INCOflPOftATE REVIEW COMMENTS OW GENERAL 1,201 52AOCO0 20 GID1 TIT LEPAGE G102 FLOOR PLANS G1W ENLARGED PLANS _ G104 ROOFPUN _ 0105 ELEVATIONS 016 SECTIONS G107 DETAILS G1667 SCHEDULES SCHEDULES 8 W000 S G109 ESTIMATES Gill G112 - — - — G1W DRAWINGS S 16/0.W 6 0210 SPECIrICAT10NS E220 CONSTRUCTION COST ESTIMATE G230 MODELING (ANIMATION G240 REPORTS — G250 DOCUMENT CONTROL 0260 RENDERINGS G2]0 BIDDING SERVICES am NISC. SERVICES 6310 PROJECT ADMINISTRATION G320 WORK PLANS( DESIGN CRITERIA 630 MEETINGS 6340 SITE INVESTIGATION OBSERVATION G350 SUBMITTAL REVIEWS G360 RFI -S /CHANGE ORDERS GAO RECORD DOCUMENTS CL G300 PBOJECTOSEOUT 0390 COMMISSIONING G]00 CONSTRUCTION MANAGEMENT GOWIGIOO+G2WNi30D= SUBTOTAL MANHOURS 20 0 2e GENERAL ENGINEERING SERVICES COST 99,440.W EXPENSES 5210 MILEAGE 1M MILES® 0565 52992 5295 CAD STATION HOURS 500 I 51W CONSULTANT EXPENSE _ PLUS 12574 6.61i1_tb�rs 5230 REPRODUCTION - NUmOerd Copies COLOR _ 80X12 SOW 24X36 BOOC 11X178aq 5210 TRAVEL I LODGING 5210 AIRLINE COSTS RBO MISCEl1ANE0U5 "•VIOL" emp4ees Incumn9 g0e19me will be piee4 &I the guNBDaO fete pbs 25% EXPENSES COST $79,92 TOTAL GENERAL As SERVICES Y. EXPENSE COST DISCIPLINE APPROVAL _ DATE PROJECT MANAGER APPROVAL DATE. F: /ProposallEsUmahVEstimate Forrn- General- 2012,xis EXHITBIT A Page 5 of 9 Meier Arehictum *Engineering ARCMECTUM OWOPLWE PROJECT T1rLE 2011 PNtration Plan Improvement Storage Building Design PROJECTIPROVOMLMO. P12 -0408 PROJecrum"osR: S. Polmrose TASK NO. TASK DESCRIPTION: DATE PREPARED. 101112012 curtNT NANO City of Pasoo C4(Ll; b_ SE-NCR SR401 ARCM!Tt =fr 1 =N'U? ARC:II "F'T 111'1°Qb014 A01.41Nl TOTAL TOTAL 'k HI- LCT2!, ^2 1 C- (ic3lc';CI 2 INT.Ill uk -. '!'ih "rte E:) IGR COST HOURS ACTIVITY - uP 'a J0 Cl 'tn - CODE DESCRIPnON 1452, 120 CO na GO as co OS 09 B:.G u50 CO -00 A040 PROJECT MANAGEMENT A026 WORK PLANS IDESIGN CRITERIA A030 MEETINGS _ 4 I 44000 4 AND SITE INVESTIGATION /OBSERVATION A050 ARCHITECTURE A060 CHECK DOCUMENTS _ 2 22000 2 AOTO INCORPORATE REVIEW COMMENTS 2 4 56400 B AOBO A090 A000 GENERAL B 41 PM-60 12 A101 TITLE PAGE 4 6 I 95600 to A102 FLDORIRDOF PLANS 0 B � 1,34800 1A A103 ENLARGED PLANS j A104 ROOF PLAN 1 A105 ELEVATIONS 4 8 I 1.12800 12 A106 SECTIONS _ _ 0 e 1 s5e oa 16 A102 DETAILS AIOO SCHEDULES I A109 - A110 All! At 12 A100 URAteki 22 301 15,600ml S2 5210 SPECIFICATIONS to, B60W to 5246 CONSTRUCTION COST ESTIMATE I F 51C0 MODELING /ANIMATION 5230 REPORTS { _ 5210 DOCUMENT CONTROL 5210 RENDERINGS 620 BIDDING SERVICES AND MISC. SERVICES /0 5880.00 10 A310 PROJECT ADMINISTRATION A311 WORK PLANS DESIGN CRITERIA 8330 MEETINGS A340 SITE INVESTIGATION O_BS_ERVA'PON A3W SUBMITTAL REVIEWS g360 RFI'S! CHANGE ORDERS A370 RECORD DOCUMENTS A360 PROeECT CLOSEOUT A390 COMMISSIONING _ AM CONSTRUCTION MANAGEMENT AOOD+A1W+A2D0 +a300= SUBTOTAL MANHOURS 30 M 74 SUR -TOTAL ARCHITECTURAL SERVICES COST 07,004.00 74 E ENSES 5210 MILEAGE MILESED 0555 5245 CAD STATION HOURS ® 500 5230 REEPRODUCITION PNUMDW of COP415 _ _ COLORS 125% �_ -� 4D �2•NJ818oB -od� 11 %17 Bon -- -$5000 5210 TRAVFL /LODGING 5210 AIRUNC COSTS 5280 MISCELLANEOUS ^'1-fouIL7(IMODyses woulrm9 overtime Wit be billed at the putdoned rate Pus 25% EKPENSES COST 560.00 TOTAL ARCHITECTURAL SERVICES S EXPENSE COST 57,146.00 1 DISCIPLINE APPROVAL DATE PROJECT MANAGER APPROVAL DATE F /Proposal /Estimate /Estimate Form - General -2012 As EXHITBIT A Page 6 of 9 Molar Arehietwe• Engtnwring CML ENGINEERING SERVICES PROJECTPTI.E 2011 Filtration Plan Im roverrent Storage Buildin Design PTIOJECTIPROPOSALNO. P12 -0408 PRoIECTMANASER: S. Palmrose TARN NO. TASK OpCRWTIOII: DATE PREPARED: 1011112012 CUMTNAIM: City of POSGO G. VIL .... 514110R SF.NU }k AO!,hN6F.(:N TOTAL TOTAL Po EP. 61'fi3 FOG' Fr7P 2 '.)FSiO'f R Of GA- R :'TERN =0110R COST HOURS ACTIVITY CODE DESCRIPTION _. 109 .- E �, _ y B 19.500 1"V CG 5l,J IC7 u:, 1i 00 6[0'.] e6 n;i GO LJ 0010 PROJECT MANAGEMENT C320 WORK PLANS IDESIGN CRITERIA C030 MEETINGS _ j 93000 _ 2 0040 SITE INVESTIGATION I OBSERVATION C050 ENGINEERING _ S I _ 920.0_0 6 C060 CHECK DOCUMENTS I COTO INCORPORATE REVIEW COMMENTS cow _ Casa C900 GENERAL 2 B I ft.t B0.00 10 C101 TITLE PAGE I I CID2 DEMOLITION PLAN C103 EROSION CONTROL PLAN_ C104 SITE PLAN 4 16 1,932GC 20 6105 GRADING PLAN C106 UTILITY PLAN -. _NG _.._.ANMINING 1 _ C107 SIGNIO PLAN C109 DETAILS C100 C110 6111 0112 CI00 DRAWINGS 4 101 $1532.00 20 C210 SPECIFICATIONS C220 CONS I RUC I ION COST EST MATE C240 Rh PURIS C250 pOCUMENi CONTROL C200 MISO SERVICES C310 PROJECTADMINISTRATION I 0210 BIDDING SERVICES C330 MEETINGS C340 SITE INVESTIGATIOWOBSERVATION _ C350 SUBMITTAL RFVIF.WS C360 RN'SI CHANGE ORDERS C370 RECORD DOCUMENTS 0380 PROJECT CLOSEOUT I C600 CONSTRUCTION MANAGEMENT 0000 +CI00+C2(a01C30D= SUBTOTAL MANHOURS 2 12 10 30 CIVIL ENGINEERING SERVICES COST $3,112.00 30 EXPENSES 5210 MI. CAGE 2.0 MILES0 0555 $1110 5245 CAD STATION HOURS a 5 00 5100 CONSULTANT EXPENSE $1 500M _ _ PLUS 125% $1,68150 5230 REPRODUCTION- NUmdor of Copies COLOR SaM 26 Bond iSse 4x TlkwdZ _ , _ IlX _ 5210 TRAVEL I LODGING 5210 AIRLINE COSTS 5200 VISCELLANEOUS HOMN OmpbTOtl50�. iJ12 nvenhmn xs ire bd)gd el the Published rate plus 25 0R, EXPENSES COST S1.696160 TOTAL CIVIL ENGINEERING S EXPENSE'OST DISCIPLINE APPROVAL DATE PROJECT MANAGER APPROVAL DATE F: /Proposal /Estimate /Estimate Fonn- Gensnflk2012 xis EXHITBIT A Page 7 of 9 Molar Archleture • Engineering ELECTRICAL ENGINEERING SEANCES PROJECTTIILE 2011 Flitration Plan Improvement Storage Buildin Design PROJECT /PROPORAL NO. P12 -0408 PROJECT NANAwR: S. Palmrose - TASK NO. TASK DESCRIPTION; DATE PREPARED: 1011 /2012 CLIENT NARE: CRY Of Pasco PRINCIPAU PROJECT SENIOR SENIOR ENGINEER SENIOR ADMINaECH TOTAL TOTAL PM MGR ENGINEER ENGINEER 2 DESIGNER3 DESIGNER EDITOR COST HOURS ACTIVITY o (9 a I@ a a a3 CODE DESCRIPTION 14500 10500 11500 10700 8400 9200 6700 BOW EOIO PROJECT MANAGEMENT E020 WORK PLANS I DESIGN CRITERIA E030 MEETINGS LEAS__ 2 _ _ 210_00 2 E040 SITE INVESTIGATION (OBSERVATION - - E050 ENGINEERING _ _ - S � 0 pC END CHECK DOCUMENTS _ _ _ _ _ _ _ _ _800 - E070 INCORPORATE REVIEW COMMENTS ENO. E020 EON GENERAL S ;640,00 e E101 GENERAL NOTES 6 LEGEND E102 ONE -LINE OIpGRAMS E103 POWER PLANS E104 LIGHTING PLANS 2 B BB200 10 E105 SPECIAL SYSTEMS PLANS _ _ E106 DETAILS - E167 SCHEDULES E10B El 09 Elio Etit E112 - .. .._ .. _........' .. .. _ EIN DRAWINGS 2 81 1 1882.00 to E210_ SPECIFICATIONS E220 CONSIRUCTIONCO6T ESTIMATE _ E23C MODELING /ANIMATION E240 REPORT& E260 DOCUMENT CONTROL EZ6o RENDERINGS UTO BIDDING SERVICES E2B0 CALCULATIONS - ENO misc. SERVICES E310 PROJECT ADMINISTRATION E311 WORK PLANSIDESIGN CRITERIA E330 MEETINGS E340 SITE INVESTIGATION OBSERVATION E350 SUBMITTAL REVIEWS _ E360 RF1'S /CHANGE ORDERS E370 RECORD DOCUMENTS EM PROJECTCLOSEOUT - E990 COMMISSIONING E300 CONSTRUCTION MANAGEMENT EOOO +E100 +E200+e30O= SUBTOTAL MANHOURS 10 0 18 ELECTRICAL ENGINEERNG SERVICES COST $1.722,00 IS EXPENSES 5210 MILEAGE MILES 0555 6245 CAD STATION HOURS 5w 6100 CONSULTANT EXPENSE PLUS 1254 86X11 S,Ppcs REPRO_DU_CTION - NUmOer of Copies __ COLOn DOX42 ewq 2436 BOW ���11X9 BPnd _6230 5210 TRAVELILODGING 5210 AIRLINECOSTS _ _..__LANE__ 6290 MISCELLANEOUS ."HouAT employees Incurring overeme wir be filled el the published rate blue 25% EXPENSES COST TOTAL ELECTRICAL ENGINEERING B EXPENSE COST DISCIPLINE APPROVAL DATE PROJECT MANAGER APPROVAL DATE F: /Proposal /Estimate /Estimate Form - General -2012 XIs EXHITBIT A Page 8 of 9 Meier Archicturs a Engineering STRUCTURAL SKOlt EERINO SERVICES PROJECT TITLE 2011 Filtration Plan Improvement Store o Building Design PROXCTIPROPOSALNO. P12-04M PROJECTMANAOER: S. Palmroae TASK NO. TASK DESCRIPTION: DATE PREPARED: 1011/2012 CLOW MANE: CRY Of Pasco °R "Y�nL ^N(l 151,i LNI').P PVGN, ?ER ENDNLFP - -t) -LT oPdGl: AJ�Vl(T;JI TOTAL TOTAL 'I' ,..e C.C2 e ul- -I.IP DL FICL FR3 i :a171 COST HOURS ACTIVIT I - CODE DESCRIPTION Vv: _] tou E'l +0'I` 4T'3 -m itC[r] vL: SL.L 5010 PROJECT MANAGEMENT 5020 WORK PLANS I DESIGN CRITERIA 5030 MEETINGS 21 26000 2 SO40 $I FE INVESTIGATION IOBSERVATIDN 21 26000 2 5050 ENGINEERING OI 1.04000 0 SLID CHECK DOCUMENTS ^8 I 26000 2 5010 INCORPORATE REVIEW COMMENTS $088 Soso 5000 GENERAL 141 111,621 14 S101 TITLE PAGE 5102 FLOOR PLANS 5103 ENLARGED PLANS SILK FOUNDATION PLANS 2 8 flbO CO 10 SIDS ELEVATIONS _ 510E SECTIONS i 2 To 1)000'0 16 S107 DETAILS 5100 SCHEDU' -ES I 5109. _. i 5110 5111 5112 S100 DRANANGS 1 4 24 sz,eeo.m 2S $210 SPECIFICATIONS 5220 CONSTRUCTION COST ESTIMATE SZJO MODELING I ANIMATION 5240 REPORTS 5250 DOCUMENT CONTROL 5200 RENDERINGS ! 8270 BIDDING SERVICES - - 8200 MISC. SERVICES S310 PROJECT ADMINISTRATION 5311 WORK PLANS I DESIGN CRITERIA 5330 MEETINGS 5340 SITE INVESTIGATION OBSERVATION 5350 SUBMITTAL REVIEWS ` 5360 RFI'S I CHANGE ORDERS 5310 RECORD DOCUMENTS 5360 PROJECT CLOSEOUT SSW COMMISSIONING Sam CONSTRUCTION MANAGEMENT SAO 18IMN 524)OtSJW= SUBTOTAL MANHOURS 10 24 42 STRUCTURAL ENGINEERING SERVICES COST {1,500.00 42 EXPENSES 5210 MILEAGE MILE S0 I 055E 5245 CAD STA -ION HOURS �_I 500 6100 CONSULTANT EXPENSE PLUS 125% 8.5X11 5230 REPRODUCTION NUmber9f COpleS (COLOR '_Jpx62 BOfd_ PA%3BBette: BOM1d 5210 TRAVEL I LODGING _.111X17 5210 AIRLINE COSTS 5290 MISCELLANEOUS -- ^'Ha107 employees Incmnng Dvenim0 will be blued a1 the published rate PIPS 25 %, EXPENSESCOST TOTAL STRUCTURAL ENGINEERING S I ENSE COST DISCIPLINE APPROVAL DATE PROJEC T MANAGER APPROVAL DATE F:IPmposaIIEstimale/Estimale Form -General -2012 xis EXHITBIT A AGENDA REPORT NO, 2 FOR: City Council January 8, 2013 TO: Gary Crutchfi8 d, Manager FROM: Ahmad Qayo ml , lic Works Director Workshop Mtg.: 1/14/13 Regular Mtg.: 1/22/13 SUBJECT: `A' Street Railroad Crossing UTC Grant I. REFERENCE(S): 1. Vicinity Map 2. Letter of grant award from Utilities Transportation Commission (UTC) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/14: Discussion 1/22: MOTION: I move to accept the grant offered by UTC in the amount of $25,000 for the I't and `A' Street Railroad Crossing, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. City Staff, BNSF Representatives and UTC members met in July of 2012 at l' and `A' Street Railroad Crossing to discuss safety concerns. According to BNSF records, there have been a number of recorded and unrecorded misses resulting from vehicular traffic going around the railroad crossing mast -arms when the signal crossing is on. They requested the City's partnership on making certain improvements consisting of barrier median curbing. B. Staff views these improvements as beneficial for residents to prevent future possible incidents and agreed to the partnership. Staff has developed scoping and preliminary plans. The layout for the improvements was approved by UTC and made recommendations for financial participation through the grant. C. The improvements will include the installation of 100' of barrier median curbing on both sides of the crossing to prevent vehicles from going around mast -arms when the crossing signal is on. V. DISCUSSION: A. On November 8, 2012, the City filed an application with UTC requesting $25,000 from the Crossing Protective Fund (GCPF) to pay for a portion of project relating to crossing safety. B. After review of the application and analysis of railroad safety data, giving consideration to all relevant matters and for good cause shown, UTC granted the disbursement of funds to the City of Pasco in the amount of $25,000. The City will use the ftmds for the installation of median barriers and a raised concrete traffic curb with delineators. C. The City's grant match will consist of City crews completing improvements such as pavement widening, signing and striping. Concrete work will be outsourced to contractors. D. Staff requests Council's approval and signature of the grant agreement. 4(I) Q F- Z U_ SERVICE MATE BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMbIISSION In the Matter of the Application of CITY OF PASCO, Applicant, ) Requesting Disbursement from the ) Grade Crossing Protective Fund ) . ............................... ) DOCKET TR- 121780 ORDER 01 NOV 29 Z012 1012 pUFL1 � ��O�KS NO. r ORDER GRANTING REQUEST FOR DISBURSEMENT FROM THE GRADE CROSSING PROTECTIVE FUND USDOT: 089707D FO : : 1 A11 On August 18, 2011, the Washington Utilities and Transportation Commission (Commission) sent to various interested parties a "Notice of Opportunity to Apply for Grant Monies from the Grade Crossing Protective Fund" in Docket TR- 111224. On November 8, 2012, the City of Pasco (City or the Applicant) filed with the Commission an application requesting a disbursement of $25,000 from the Grade Crossing Protective Fund (GCPF) to pay for a portion of a project related to crossing safety. The total cost of the project is approximately $66,000 with the City paying for costs above the $25,000. The City seeks to install median barriers at a public railroad crossing located on West A Street in the city of Pasco. The City also proposes to install a raised concrete traffic curb with delineators (brightly colored plastic cylinders) on South V Avenue. South 1' Avenue is a parallel roadway to the tracks that intersects West A Street, 30 feet from the crossing. The West A Street crossing is identified as USDOT #089707D. Through an analysis of railroad safety data, Commission Staff identified 15 incidents since 2007 of motorists driving around downed crossing gates at the West A Street crossing. hi addition, since 1989 there have been three accidents at the crossing resulting in property damage. As a result of the analysis, Staff initiated an on -site meeting with representatives from the City and BNSF Railway Co. (BNSF) to address the safety issues at the crossing. At the meeting, the stakeholders developed a plan to modify both roadways which will reduce the ability of motorists to drive around downed crossing gates at this location. DOCKET TR- 121780 ORDER 01 PAGE s Approximately 40 trains per day travel over this crossing at speeds up to 25 miles per hour. Both freight and passenger trains utilize the track. There are three tracks at this crossing, one main and two sidings. A BNSF rail yard is also located near the crossing and the activities at the yard increase the probability of slow - moving trains throughout the day at this location. 6 West A Street is a minor arterial and is a designated truck route with a posted speed limit of 35 miles per hour. Average annual daily traffic through the crossing is 5,500, including 12 percent commercial motor vehicles and no school buses. South 1'` Avenue runs parallel to. the railroad tracks and averages 2,500 vehicles per day and intersects West A Street at a shallow angle. The close proximity of the intersection to the crossing, in addition to the skewed angle of the intersection makes it possible for motorists to drive around the downed crossing gates. The skewed angle also decreases the sight distance for motorists, making it more difficult to see an oncoming train. 7 The City seeks $25,000 to pay for a portion of the cost of the median barriers and raised concrete traffic curb with delineators. The total cost of the project is approximately $66,000 with the City responsible for costs above $25,000. There currently are funds available to pay for the project. 8 The City must also meet the following conditions for administering the GCPF grant. • Expenditure from the Grade Crossing Protective Fund must not exceed $25,000. • The work for which the Grade Crossing Protective Fund disbursement was approved must conform to the project description specified in the application. • City must sign and return the attached project agreement by January 30, 2013. • Payment will be made upon presentation of claim for reimbursement and verification by Commission Staff that the work has been satisfactorily completed. • The project must be completed and the associated request for reimbursement from the Grade Crossing Protective Fund must.be filed with the Commission no later than June 30, 2013. DOCKET TR- 121780 PAGE 3 ORDER 01 FINDINGS AND CONCLUSIONS (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington having authority to approve and administer disbursements from the Grade Crossing Protective Fund. RCW 81.53.271; RCW 81.53.281. 10 (2) The project for which City seeks disbursement from the Grade Crossing Protective Fund is eligible for funding consideration under Commission rules and complies with the requirements of RCW 81.53.271, RCW 81.53.281, and WAC 480 -62. 11 (3) Commission Staff investigated the request based on the review criteria specified in the Commission's rules and recommended that it be granted, subject to specified conditions for administering the grant. Expenditure from the Grade Crossing Protective Fund must not exceed $25,000. • The work for which the Grade Crossing Protective Fund disbursement was approved must conform to the project description specified in the application. City must sign and return the attached project agreement by January 30, 2013. ■ Payment will be made upon presentation of claim for reimbursement and verification by Commission Staff that the work has been satisfactorily completed. The project must be completed and the associated request for reimbursement from the Grade Crossing Protective Fund must be filed with the Commission no later than June 30, 2013. 12 (4) This matter came before the Commission at its regularly scheduled meeting on November 29, 2012. 13 (5) After reviewing City's application filed on November 8, 2012, and giving due consideration to all relevant matters and for good cause shown, the Commission grants the request for disbursement of funds. DOCKET TR- 121780 ORDER 01 ORDER THE COMMSSION ORDERS: PAGE 14 The City of Pasco's application for disbursement from the Grade Crossing Protective Fund for installation of median barriers at the West A Street crossing and a raised concrete traffic curb with delineators on South In Avenue in the City of Pasco, Washington, is granted, subject to the following conditions: (1) Expenditure from the Grade Crossing Protective Fund must not exceed $25,000. .(2) The work for which the Grade Crossing Protective Fund disbursement was approved must conform to the project description specified in the application. (3) The City of Pasco must sign and return the attached project agreement by January 30, 2013. (4) Payment will be made upon presentation of claim for reimbursement and verification by Commission Staff that the work has been satisfactorily completed. (5) The project must be completed and the associated request for reimbursement from the Grade Crossing Protective Fund must be filed with the Commission no later than June 30, 2013. The Commissioners, having determined this Order to be consistent with the public interest, directed the Secretary to enter this Order. DATED at Olympia, Washington, and effective November 29, 2012. WASHINGTON UTILITIES AND TRANSPORTATION CONMSSION DAVID W. DANNER, Executive Director and Secretary PROJECT AGREEMENT GRADE CROSSING PROTECTIVE FUND Docket No.: TR- 121780 Commission Approval Date: November 29, 2012 A. PARTIES OF THE AGREEMENT This project grant agreement (agreement) is entered into between the Washington Utilities and Transportation Commission (UTC), P.O. Box 47250, Olympia, Washington 98504 -7250, and the City of Pasco, 525 North 3rd Avenue, Pasco, Washington 99301, and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF THE AGREEMENT This agreement sets out the terms and conditions by which grants are made from the Grade Crossing Protective Fund. These grants are administered by the UTC to the grantee for Docket No. TR- 121780, identified above. C. DESCRIPTION OF PROJECT TR- 121780 involves a crossing safety project, which includes installing median barriers at the A Street crossing and a raised concrete traffic curb on South I" Avenue which is a parallel roadway to the railroad tracks. The West A Street crossing is identified as USDOT #089707D and is located in the City of Pasco. Specific information about the project is contained in TR- 121780, GCPF application. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on November 29, 2012, and end June 30, 2013. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement. E. PROJECT FUNDING Total grant funding awarded by the UTC for this project shall not exceed $25,000. The total approximate cost of the project is $66,000. The grantee shall be responsible for all additional costs. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, including the grantee's application, Commission orders, and the general provisions, all of which are attached and incorporated into this agreement. Except as provided, no alteration of any of the terms or conditions of this agreement will be effective unless provided in writing. All alterations must be signed by both parties. The grantee has read, fully understands and agrees to be bound by all terms and conditions in these documents. G. COMPLIANCE WITH APPLICABLE STATUTES RULES AND UTC POLICIES This agreement is governed by, and the grantee shall comply with, all applicable state and federal laws and regulations, including RCW 81.53.281, the published agency rules in 480 -62 WAC, and the Commission's order in this matter which are incorporated by this reference as if fully set forth. H. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the grantee under this agreement will be addressed and delivered to: City of Pasco Utilities and Transportation Commission Michael Pawlak, P.E. City Engineer Kathy Hunter 525 North 3rd Avenue 1300 S. Evergreen Park Drive SW Pasco, WA 99301 P.O. Box 47250 Olympia, WA 98504 -7250 These addresses shall be effective until receipt by one party from the other of a written notice of any change. I. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the articles. No other understandings, oral or otherwise, regarding this agreement shall exist or bind any of the parties. J. EFFECTIVE DATE This agreement shall be effective upon signing by all parties. State of Washington Utilities�and Tr sportation Commission By: /� ^' �' �.�.� Date: // 1'% /L (Executive Director and Secretary) City of Pasco By: Title: Approved as to form: By: /s/ Assistant Attorney General Date: General Provisions Of the Project Agreement A. Heading and Definitions Section 1. Headings and Definitions ................. B. Performance and Requirements (General Responsibilities) Section 2. Performance by Grantee ........................................ ..............................2 Section3. Assignment .............................................................. ..............................2 Section 4. Responsibility for Project ......................................... ..............................3 Section 5. Indemnification ....................................................... ..............................3 Section 6. Independent Capacity of the Grantee ........................ ..............................3 Section 7. Conflict of Interest ................................................:... ..............................3 Section 8. Construction, Operation, Use and Maintenance ....... ..............................4 Section 9. Acknowledgment ...................................................... ..............................4 C. Compliance with Laws, Records, and Inspections Section 10. Compliance with Applicable Law ......................... ..............................4 ..............................5 Section 11. Records Maintenance .............................................. ..............................5 ..............................6 Section 12. Right of Inspection .................................................. ..............................5 ..............................6 D. Funding, Reimbursements Section 13. Project Funding ....................................................... ..............................5 Section 14. Project Reimbursements ......................................... ..............................6 Section 15. Recovery of Payments ............................................ ..............................6 Section 16. Covenant Against Contingent Fees,.,.., ................ I ............... I ....... E. Remedies and Disputes Section 17. Order of Precedence ................................................ ..............................6 Section 18. Amendments ........................................................... ..............................7 Section 19. Limitation of Authority ........................................ ..............................7 Section 20. Waiver of Default ................................................... ..............................7 Section 21. Application Representations — Misrepresentations or Inaccuracy or Breach........................................................................................ ..............................7 Section 22. Termination and Other Remedies .......................... ..............................7 Section 23. Termination for Convenience .............................. ..............................8 Section 24. Dispute Resolution .................................................. .................:............8 Section 25. Attorneys' Fees .................................:................... ..............................8 Section 26. Governing Law / Venue ............................................ ..............................8 Section27. Severability ......................................................:...... ..............................9 Grade Crossing Protective Fund Grant — General Provisions (Rev. 8/9/10) Page 1 of 9 SECTION 1. HEADINGS AND DEFINITIONS A. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this agreement. B. Definitions. As used throughout this agreement, the following terms shall have the meaning set forth below: Agreement - The accord accepted by all parties to the present transaction; the agreement, any supplemental agreement, and any intergovernmental agreement between the WUTC and a grantee. Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the WUTC. Application - The forms and support documents approved by the WUTC or its Secretary for use by applicants in soliciting project funds administered by WUTC. Contractor - shall mean one not in the employment of the grantee who is performing all or part of the eligible activities for this projects under a separate agreement with the grantee. The term "Contractor" and "Contractors" means Contractor(s) in any tier. Secretary - The WUTC Secretary or the Secretary's designee. Grantee - The applicant who has been awarded a grant of funds and is bound by this executed agreement; includes its officers, employees and agents. Milestone — Important date(s) tracked in the agreement for monitoring the project status. Period of Performance - The time period specified in the agreement, under Section D, Period of Performance. Project - The undertaking that is the subject of this agreement and that is, or may be, funded in whole or in part with funds administered by the WUTC. WUTC— Washington Utilities and Transportation Commission created under Title 80 RCW. SECTION 2. PERFORMANCE BY GRANTEE The grantee shall undertake the project as described in this agreement, commission order, the grantee's application, and in accordance with the grantee's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the WUTC. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 17. Timely completion of the project is important. Failure to do so, as set out in this agreement, is a material breach of the agreement. SECTION 3. ASSIGNMENT Neither this agreement, nor any claim arising under this agreement, shall be transferred or assigned by the grantee without prior written consent of the WUTC. Grade Crossing Protective Fund Grant — General Provisions (Rev. 8/9/10) Page 2 of 9 SECTION 4. RESPONSIBILITY FOR PROJECT While the WUTC undertakes to assist the grantee with the project by providing a grant pursuant to this agreement, the project itself remains the sole responsibility of the grantee. The WUTC undertakes no responsibilities to the grantee, or to any third party, other than as is expressly set out in this agreement. The responsibility for the implementation of the project, as those phases are applicable to this project, is solely that of the grantee, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law, the grantee expressly agrees to and shall indemnify, defend and hold harmless the state and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature arising out of or incident to the grantee's or any contractor's performance or failure to perform the agreement. Grantee's obligation to indemnify, defend and hold harmless also includes any claim by grantee's agents, employees, representatives or any contractor or its employees. Grantee's obligation to defend includes payment of any costs or attorneys' fees. Grantee's obligation shall not include such claims that may be caused by the sole negligence of the state and its agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the state, its agents or employees and (b) the grantee, its contractors; agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or its contractors, agents, or employees. The grantee expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the state and its agencies, officials, agents or employees. SECTION 6. INDEPENDENT CAPACITY OF THE GRANTEE The grantee and its employees or agents performing under this agreement are not employees or agents of the WUTC. The grantee will not hold itself out as nor claim to be an officer or employee of WUTC or of the state of Washington by reason hereof, nor will the grantee make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B.16 RCW. The grantee is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7, CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the WUTC may, in its sole discretion, by written notice to the grantee terminate this agreement if it is found after due notice and examination by WUTC that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the grantee in the procurement of, or performance under this agreement. In the event this agreement is terminated as provided above, WUTC shall be entitled to pursue the same remedies against the grantee as it could pursue in the event of a breach of the agreement by the grantee. The rights and remedies of WUTC provided for in this clause Grade Crossing Protective Fund Grant —General Provisions (Rev. 8/9/10) Page 3 of 9 shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the WUTC makes any determination under this clause shall be an issue and may be reviewed as provided in the "Dispute Resolution" clause of this agreement. SECTION 8. CONSTRUCTION, OPERATION, USE AND MAINTENANCE Grantees must ensure that properties or facilities assisted with WUIC funds, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. SECTION 9. ACKNOWLEDGMENT The grantee shall include language which acknowledges the funding contribution of the program to this project in any publication developed or modified for, or referring to, the project. SECTION 10. COMPLIANCE WITH APPLICABLE LAW The grantee will implement the agreement in accordance with applicable federal, state, and local laws and regulations. The grantee shall comply with, and WUTC is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to, State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration /Washington Industrial Safety and Health Act). The grantee shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the grantee's noncompliance or refusal to comply with any nondiscrimination law or policy, the agreement may be rescinded, cancelled, or terminated in whole or in part, and the grantee may be declared ineligible for further grant awards from WUTC. The grantee is responsible for any and all costs or liability arising from the grantee's failure to so comply with applicable law. No part of any funds provided under this grant shall be used, other than for normal and recognized executive - legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, Grade Crossing Protective Fund Grant— General Provisions (Rev. 8/9/10) Page 4 of 9 television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any grantee, or agent acting for such grantee, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 11. RECORDS MAINTENANCE The grantee shall maintain books, records, documents, data and other evidence relating to this agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. Grantee shall retain such records for a period of three years following the date of final payment. At no additional cost, these records, including materials generated under the agreement, shall be subject at all reasonable times to inspection, review or audit by WUTC, personnel duly authorized by WUTC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the three (3) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. SECTION 12. RIGHT OF INSPECTION The grantee shall provide right of access to its facilities to WUTC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. SECTION 13. PROJECT FUNDING A. Additional Amounts. WUTC shall not be obligated to pay any amount beyond the dollar amount as identified in this agreement, unless an additional amount has been approved in advance by WUTC or the Secretary and incorporated by written amendment into this agreement. B. Before the agreement. No expenditure made, or obligation incurred, by the grantee before the effective date of this agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by WUTC policy. The dollar amounts identified in this agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the WUTC may have under this agreement, the amounts identified in this agreement shall be reduced to exclude any such expenditure from participation. Grade Crossing Protective Fund Grant— General Provisions (Rev. 8/9/10) Page 5 of 9 SECTION 14. PROJECT REMBURSEMENTS A. Compliance and Payment. The obligation of WUTC to pay any amount(s) under this agreement is expressly conditioned upon strict compliance with the terms of this agreement by the grantee. B. The grantee will submit an invoice for full payment when the project is completed. WUTC staff will inspect the project and process payment. A project is considered "complete" when: 1. all approved or required activities outlined in the agreement are complete; 2. a grantee's final request for reimbursement; 3. the completed project has been approved by WUTC; 4. final amendments have been processed; and 5. fiscal transactions are complete. C. Advance payments are not allowable. SECTION 15. RECOVERY OF PAYMENTS In the event that the grantee fails to expend funds under this agreement in accordance with state and federal laws, and/or the provisions of the agreement, WUTC reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The grantee shall reimburse WUTC for any overpayment or erroneous payments made under the agreement. Repayment by the grantee of such funds under this recovery provision shall occur within 30 days of demand by WUTC. Interest shall accrue at the rate of twelve percent (12 %) per annum from the time that payment becomes due and owing. SECTION 16. COVENANT AGAINST CONTINGENT FEES The grantee warrants that no person or selling agent has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the grantee for the purpose of securing business. WUTC shall have the right, in the event of breach of this clause by the grantee, to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 17. ORDER OF PRECEDENCE This agreement is entered into, pursuant to, and under the authority granted by applicable state law. The provisions of the agreement shall be construed to conform to that law. In the event of an inconsistency in the terms of this agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable statutes, orders, or policy and interpretive statements; Grade Crossing Protective Fund Grant — General Provisions (Rev. 8/9/10) Page 6 of 9 B. Project agreement including attachments; C. Additional provisions or modifications of General Provisions; D. General Provisions. SECTION 18. AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SECTION 19. LIMITATION OF AUTHORITY Only WUTC or WUFC's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this agreement is not effective or binding unless made in writing and signed by the WUTC. SECTION 20. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such in writing, signed by the Executive Secretary, or the Executive Secretary's designee, and attached to the original agreement. SECTION 21. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The WUTC relies upon the grantee's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this agreement. SECTION 22. TERMINATION AND OTHER REMEDIES WUTC may require compliance by the grantee with the terms of this agreement including, but not limited to, the requirements of the applicable statutes, rules and WUTC policies which are incorporated into this agreement, and with the representations of the grantee in its application for a grant as finally approved by WUTC. WUTC or the Secretary, may suspend, or may terminate, the obligation to provide funding to the grantee under this agreement: A. In the event of any breach by the grantee of any of the grantee's obligations under this agreement; or B. If the grantee fails to make progress satisfactory to WUTC or Secretary toward completion of the project by the completion date set out in this agreement. Grade Crossing Protective Fund Grant— General Provisions (Rev. 8/9/10) Page 7 of 9 SECTION 23. TERMINATION FOR CONVENIENCE Except as otherwise provided in this agreement, WUTC or grantee may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement. If this agreement is so terminated, WUTC shall be liable only for payment required under the terms of this agreement for project expenses incurred prior to the effective date of termination. SECTION 24. DISPUTE RESOLUTION Except as may otherwise be provided in this agreement, when a dispute arises between the grantee and the staff of the WUTC, which cannot be resolved, either party may request a hearing according to the process set out in this section. Either party's request for a hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The grantee's name, address, project title, and the assigned project number. A request for a hearing under this section by either the WUTC Staff or the grantee shall be delivered or mailed to the other party and to the Secretary of the WUTC. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The WUTC shall treat such a request, when made by a grantee, as an application for an adjudicative proceeding under RCW 34.05.419. SECTION 25. ATTORNEYS' FEES If either party brings litigation to enforce any term or condition of this agreement, or as a result of this agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with necessary fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be determined by the court and not a jury. SECTION 26. GOVERNING LAW/VENUE This agreement shall be construed and interpreted in accordance with the laws of the state of Washington. In the event of a lawsuit involving this agreement, venue shall be proper only in Thurston County Superior Court. The grantee, by execution of this agreement acknowledges the jurisdiction of the courts of the state of Washington. In the cases where this agreement is between WUTC and a federally recognized Indian tribe, the following Governing Law/Venue applies: A. The state of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the state of Washington. In the event that the Federal Court Grade Crossing Protective Fund Grant— General Provisions (Rev. 8/9/10) Page 8 of 9 determines that it lacks subject matter jurisdiction to resolve the dispute between the state and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action shall be binding and enforceable upon the parties. Any money judgment or award against the Tribe, tribal officers and members, or the state of Washington and its officers and employees may not exceed the amount provided for in Section E- Project Funding of the Agreement. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the state of Washington has waived its immunity to suit in state court. These waivers are only for the benefit of the Tribe and state and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. SECTION 27. SEVERABILITY The provisions of this agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. Grade Crossing Protective Fund Grant —General Provisions (Rev. 8/9/10) Page 9 of 9