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.
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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.
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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.
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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.
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