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Home My WebLink About2013.01.22 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. January 22, 2013 Please note that our Council meeting will take place on Tuesday, January 22 as City Hall will be closed Monday, January 21 in honor of Martin Luther King Jr. 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated January 7, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,287,443.12 ($1,287,443.12 in the form of Wire Transfer No. 1282; and Claim Warrants numbered 191028 and 191045 through 191261). (2012 EXPENSES) 2. To approve General Claims in the amount of $954,310.06 ($312,913.07 in the form of Electronic Fund Transfer Nos. 13270, 13273, 13305, 13307, 13322, 13348, 13440 through 13470; and $641,396.99 in the form of Wire Transfer Nos. 1283 and 1284; and Claim Warrants numbered 191029 through 191044, and 191262 through 191321). (2013 EXPENSES) 3. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $247,975.05 and, of that amount, authorize $201,248.57 be turned over for collection. (c) 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. 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. (d) Contract for Collection Services: 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 7, 2013. 2. Proposed Contract. To approve the Collection Agency Contract with Washington Collectors Tri- Cities, Inc., and, further, authorize the City Manager to sign the document. (e) Interlocal Agreement with City of Mesa for Municipal Court Services: 1. Agenda Report from Stan Strobel, Deputy City Manager dated January 8, 2013. 2. Proposed Agreement. To approve the Interlocal Agreement with the City of Mesa for Municipal Court Services and, further, authorize the Mayor to sign the documents. Regular Meeting 2 January 22, 2013 *(t) Resolution No. 3453, a Resolution accepting work performed by Carpenter Drilling under contract for the Linda Loviisa Well Construction, Project No. C7-WX-1 R-1 2-02. 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 15, 2013. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3453, accepting the work performed by Carpenter Drilling under contract for the Linda Loviisa Well Construction, Project No. C7- WX- 1R- 12 -02. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) School District Bond Proposition. 1. Agenda Report from Gary Crutchfield, City Manager dated January 17, 2013. 2. Requested Resolution. CONDUCT A PUBLIC HEARING Resolution No. a Resolution regarding the February 2013 bond election of the Pasco School District. MOTION: I move to approve Resolution No. _, regarding the February 2013 bond election of the Pasco School District. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Q *(a) Ordinance No. an Ordinance of the City of Pasco, Washington, amending the zoning classification of Lot 4, Binding Site Plan 95 -05, from BP (Business Park) to C -3 (General Business) with a Concomitant Agreement. 1. Agenda Report from Dave McDonald, City Planner dated January 16, 2013. 2. Vicinity Map. 3. Proposed Ordinance and Concomitant Agreement. 4. Planning Commission Report dated 8/22/12. 5. Planning Commission Memo dated 9/20/12. 6. Planning Commission Minutes dated 8/22/12, 9/20/12, 10/18/12, 11/15/12 and 12/20/12. MOTION: I move to adopt Ordinance No. rezoning property located north of Court Street and west of 26°i Avenue from BP to C -3 with a concomitant agreement and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Construction Bids /Contract Municipal Court: 1. Agenda Report from Stan Strebel,.Deputy City Manager dated January 17, 2013. 2. Construction Cost Estimate. 3. Draft Construction Contract. MOTION: I move to approve the contract for construction of municipal court facilities with Lydig Construction, Inc., in the amount of $3,417,619.00, including sales tax and, further, to authorize the Mayor to sign the agreement. Regular Meeting 3 January 22, 2013 (b) "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). MOTION: I move to accept the grant offered by UTC in the amount of $25,000 for the V and "A" Street Railroad Crossing and, further, authorize the Mayor to sign the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...." Q Quasi - Judicial Matter REMINDERS: 7:30 a.m., Tuesday, January 22, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 2. 6:00 p.m., Wednesday, January 23, Richland Red Lion — Cascade Natural Gas Safety Summit. (MAYOR PRO -TEM REBECCA FRANCIK) 3:30 p.m., Thursday, January 24, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 5:30 p.m., Thursday, January 24, 710 W. Court Street — Benton - Franklin Community Action Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL JANUARY 7, 2013 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Dave McDonald, City Planner; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated December 17, 2012. (b) Bills and Communications: To approve General Claims in the amount of $1,1391200.23 ($209,874.33 in the form of Electronic Fund Transfer Nos. 13060, 13098 and 13209; and $929,325.90 in the form of Wire Transfer Nos. 1268, 1269, 1272 through 1276; and Claim Warrants numbered 190861 through 191019). (2012 EXPENSES) To approve General Claims in the amount of $201,017.66 ($201,017.66 in the form of Wire Transfer No. 1279; and Claim Warrants numbered 191020 through 191027). (2013 EXPENSES) To approve Payroll Claims in the amount of $3,104,509.79, Voucher Nos. 45097 through 45165 and 80220 through 80229; and EFT Deposit Nos. 30056380 through 30056932. (c) Resolution No. 3447, a Resolution accepting equipment supplied by Ozonia North America, Inc., under contract for the 2009 WWTP Expansion Project #09 -1- 05. To approve Resolution No. 3447, accepting the purchase of replacement Ultraviolet (UV) equipment from Ozonia North America, Inc., under contract for the 2009 WWTP Expansion Project #09 -1 -05. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Garrison attended the Tri Cities Visitor and Convention Bureau Board meeting and the TRIDEC Board of Directors meeting. Mr. Martinez reported on the Park & Recreation Advisory Board meeting and thanked Duane Taber for his many years of service as Chairperson of the Board. Mr. Hoffmann reported on the Franklin County Mosquito Control District Board meeting. Mr. Yenney thanked the citizens of Pasco and staff for making Pasco a great place to live. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 7, 2013 Mayor Watkins related a citizen's appreciation for the licensing options available in Pasco's Pit Bull regulations. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Resolution No. 3448, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a church at 527 W. Bonneville Street. Mr. Crutchfield reviewed the procedures relating to Quasi - Judicial issues. Mr. McDonald explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3448, approving a Special Permit for the location of a church at 527 W. Bonneville Street as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3449, a Resolution accepting the Planning Commission's recommendation and approving a special permit for a church at 622 and 628 West Clark Street, Mr. McDonald explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3449, approving a Special Permit for the location of a church at 622 & 628 West Clark Street as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3450, a Resolution accepting the Planning Commission's recommendation and approving a special permit for a water pump station in the 1100 block of Harris Road. Mr. McDonald explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3450, approving a Special Permit for the location of a pump station in the 1100 Block of Harris Road as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3451, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a cellular antenna tower at 2600 North 20th Avenue, Mr. McDonald explained the details of the proposed special permit. Mr. Larsen disclosed he has read information, outside of the record, concerning the health risks associated with cell towers. MOTION: Mr. Larsen moved to hold a closed record hearing. Motion failed for lack of second. MOTION: Ms. Francik moved to approve Resolution No. 3451, approving a Special Permit for the location of a cellular antenna tower at 2600 North 20th Avenue as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried by the following Roll Call vote: Yes — Watkins, Yenney, Francik, Garrison, Hoffmann, Martinez. No — Larsen. Resolution No. 3452, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a medical records storage building at 414 W. Nixon Street. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 7, 2013 Mr. McDonald explained the details of the proposed special permit. MOTION: Ms. Francik moved to approve Resolution No. 3452, approving a Special Permit for the location of a medical records storage building at 414 W. Nixon Street as recommended by the Planning Commission. Mr. Martinez seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mayor Watkins noted Council organizational issues upcoming this year include Council District boundary adjustments, Council elections in November and in January of 2014, Mayor and Mayor Pro -tem elections. He also reminded everyone that various City Boards and Commissions are soliciting volunteers. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:29 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 22nd day of January, 2013. 2012 EXP CITY OF PASCO Council Meeting of: January 22 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid nobligatiop.ega*sst the city and that we are authorized to authenticate and certify to said claim. Dunyele Maso , Financ Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 22 day of January, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 191028, In The Amount Of: $ 1,287,443.12 Electronic Funds Transfers: 191045- 191261 1282 Electronic Funds Transfers: (Journal Entries) Councilmember GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: In The Amount Of: $ 0.00 Combined total of $1,287,443.12 Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING FUND REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVEL & INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 51171, 11,009.17 12,917.66 28,612.62 10,891.08 59,288.13 306.29 7,097.45 36,875.89 3,137.55 170,135.84 33,562.93 0.00 0.00 480.82 105.48 0.00 $ 1,287,443.12 3(b).1 2013 EXP CITY OF PASCO Council Meeting of: January 22 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the ndersigned, do hereby certify under penalty of perjury that the materials have been furnished, the se ces rondered or th9jakor performed as described herein and that the claim is a just, due and unpaid obligation ag ' st the ty and that we are authorized to authenticate and certify to said claim. DLuiyele Mason(Flnance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 22 day of January, 2013 that the merchandise or services hereinafter specified have been received Check Numbers and 191029- 191044 In The Amount Of: $ 641,396.99 Electronic Funds Transfers: 191262- 191321 1283, 1284 In The Amount Of: $ 312,913.07 Electronic Funds Transfers: 13270, 13273, 13305 (Journal Entries) 13307$13322,13348 Combined total of $954,310.06 13440, 13470 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY 99 UTGO BONDS LIBR /FIRE STAT 2002 UTGO REFUNDING BONDS LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAVDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 364,824.64 5,093.79 0.00 25,552.27 2,167.49 17.50 301.75 301.75 0.00 0.00 0.00 0.00 $ 964,310.06 3(b).2 AGENDA REPORT FOR: City Council 11 DATE: January 16, 2013 TO: Gary Crutchfiel anager REGULAR: January 22, 2013 Rick Terway, Ahrtt tstrative & Community Sery ctor FROM: Dunyele Masotr, Financial Services Manager SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $247,975.05 and, of that amount, authorize $201,248.57 be turned over for collection. 11I. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ .00 .00 .00 Ambulance $ 455236.48 24,136.57 69,373.05 Court A/R $ .00 175,425.00 175,425.00 Code Enforcement $ 1,490.00 15527.00 3,017.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 160.00 160.00 TOTAL: $ 469726.48 2019248.57 2479975.05 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b)n3 AGENDA REPORT NO, 01 FOR: City Council January 08, 2013 TO: Gary Crutchfiel anager Ahmad Qayo 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. 3(c) CL 5� L Z U_ r. (D z 1S H o J p. P .. -N- p y J CL m 21 UL IL f, { i st ^ i[ a M i r LU � CL a 0i w � .. ar' i.earr H LlJ 4Yr. y�y S I) • 4 tot r ]HIHOAASNId p 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 building/garage 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. Scone 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 snake 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 - I 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. 8. 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 ofRCW 50.04.0140 and RCW 51.08.195. 9. City annroval. 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 warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. In the event a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be 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 CITY OF PASCO By: Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement - 5 2013 CONSULTANT: By: i' Pwrl-.✓ Signature, Printed Name and Title 57iwa✓ t/. P• i moeaScf EXHITBIT A Pagel of 9 I A RCHITECTUMC 'ENO 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.meierinc.com EXHITBIT A Page 2 of 9 S. 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 Steve Palmrose Sr. Project Manager, PE S VP: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 • Engineering Project Title: 2011 Filtration Plan Improvement Storage Building Design ProjeotlPropossl No: PlZrIMS Task No; Project Mansgar! S. Polmmse Task Description: Date: 10/1/2012 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 $43810.60 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 $1,838.52 $21,696.52 PROJECT EXPENSES BREAKDOWN MILEAGE $91.02 CAD STATION $0.00 CONSULTANT EXPENSE $1,687.50 REPRODUCTION $60.00 TRAVEL I LODGING $0.00 AIRLINE COSTS $0.00 MISCELLANEOUS $0.00 Total Expenses $1,838.52 Total Project Cost $219696.52 Project Manager Approval: Date: Authorized Approval: Date: EXHITBIT A Page 4 of 9 Meler Archicturia • Engineering GENERALMESERVICES PROJECT TITLE 2011 Nitration Plan Improvement Storage Building Design PROMCTJPROPOSAL NO. P12.0406 ►ROJECTWWAGERI S. Palm(OS0 TASK NO. TASK DESORPTION: DATE PREPARED: 1011/2012 CUENT NAME: CKV of Pasco PRINCIPAL OR PROJECT SENIOR ESTIMATOR PRINCIPAL SENIOR CAD AOMNaCr TOTAL TOTAL PM MANAGER 2 ENGINEER 3 DESIGNER DESIGNER 3 DESIGNER 2 EDI IOR COST IOURS ACTIVITY M a a a a ® a @ CODE DESCRIPTION 145M 13000 .11001) ism M, 10000 9200 ]4 00 woo 0010 PROJECT MANAGEMENT B 1.04003 6 G020 WORKPLANSI DESIGN CRITERIA _ _ _ _ _ 0030 MEETINGS a 1.0400a 3 0040 SITE INVESTIGATION IOB&ERVATION q G050 ARCHITECTUREI ENGINEERING GO60 CHECK DOCUMENTS GO]O INCORPORATE REVIEW COMMENTS Gm 0090 0000 GENERAL 20 r2.00R00 m G101 TITLEPAGE 0102 FLOOR PLANE _�- � --- G103 ENLARGED PLANS .- _..... PLAN_. 0104 ROOF PLAN 0105 ELEVATIONS - - � •- _ -�_ 0103 SECTIONS ._ 0107 i DETAILS 0109 SCHEDULES - - - - 8 e40 tl0 a GIN ESTIMATES - -- _ 0111 G112 Died DRAYANGS a Se4o.0p E 0210 SPECIFICATIONS 0220 CONSTRUCTION COST ESTIMATE -____ _ 0230 MOOELINGI ANN4ATION 0240 REPORTS 0250 DOCUMENT CONTROL _ G260 RENDERINGS G270 BIDDING SERVICES _.._ _ "-- a200 WW. SERVICES G310 PROJECT ADMINISTRATION 0320 WORN PLANSI DESIGN CRITERIA G330 MEETINGS 6340 SITE NVEST16ATtoW OBSERVATION _ i G3W SUBMITTAL REVIEWS G380 RFI'S /CHANGE 'ORDERS �E370 RECORD DOCUMENTS G3BD PROJECT CLOSEOUT _ .. __. ... 0390 COMMISSIONING 0890 CONSTRUCTION MANAGEMENT SODaG 100 *G201HG3 = SUBTOTAL MANHOURS 20 0 28 GENERALENGWEERING SERVICES COST 89,M0.00 EXPENSES 5210 MILEAGE 144 _ MILES® 0380 __. S'M 02 1-45 CAD STATION HOURS ® 300 _ CONS_ _ 5100 CONSULTANT EXPENSE _ _ __._ ._ _.. _.._ PLUS S2.61R e.5X11 ....__. 5230 REPRmUCTION- NUmS &WGDplaa .. __ _.� COLOR 30X2 e00d 2dR368.00C /1X1i 80011 5210 TRAVEL I LODGING _ _ _ _ _ _ _ 5110 AIRLINE COSTS _ 6290 MISCEWNEOU6 •••HOOTS e r akssaea lnar0n0 evaNme will be billed at the published rem plus 25% EXPENSES COST 179.92 TOTAL GENERAL A/E SERVICES S EXPENSE COST S0,St8.92 DISCIPLINE APPROVAL DATE u PROJECT MANAGER APPROVAL DATE F /ProposallEstimele /Es3mate Form- Garreral- 2012.XIS EXHITBIT A Page 5 of 9 Meier Arohktum * Engineering ARCNTECTUR OIBOPUME PROJECTm 2011 Flitration Plan Improvement Storage Building Design PROJECTAIROPOUL NO. P7z -0008 vaO.IECTrAMAOER: S. Palmrose TASK NO. TASKDESCRPTION: DATE PREPARED: 1011=12 C6;i.RC41*fCi ;r NAME: CI Of P"o0 si'mFOR. tifN OR BENtO'3 ARCIII -r ^l IN 1 : -t:OR 1101.11.4 t TOTAL TOTAL r tOHITFC.`£HR..M1II Stir tL II LR2 INI-Ri. 'F I NFF E-) 10,k COST HOURS ACTIVITY CODE DESCRIPTION p.. ), C. 4Y ,-D s ".0 i2o 0n 113 u0 4ti`N 95 L9 E:`:: .,LO 60 C0 A010 PROJECT MANAGEMENT A02D WORK PLANS I DESIGN CRITERIA - -_ A03U MEETINGS _ 4 44000 4 AND SITE INVESTIGATION I OBSERVATION _ A050 ARCHITECTURE A060 CHECK DOCUMENTS 2 22D 00 2 A070 NCORPORATE REVIEW COMMENTS 2 4 _ 56400 6 AD90 Al ' A6x GENERAL e 4 $4324A0 12 A101 TITLE PAGE 4 6 Site no to A102 FLOORIRDOF PLANS 0 B 134800 14 A103 ENLARGED PLANS A104 ROOF PLAN A105 E,EVATIONS 4 S 1.12800 12 A106 SECTIONS B 8 158900 1e A107 DETAILS _ I 1 _ A108 SCHEDULES A'09 _. __... A110 - - A111 J A1R -- - Am DRAWINGS 22 30 !6,0x.00 S2 5210 SPECIFICATIONS IDI 8x00 to 5245 CONSTRUCTION COST ESTIMATE 5100 MODELING (ANIMATION _ .... . 5230 REPORTS 5210 DOCUMENT CONTROL 52111 RENDERINGS 5290 BIDDING SERVICES -- - A200 MISC. SERVICES f0 5660.00 10 A310 PROJECT ADMINISTRATION A311 WORK PLANS( DESIGN CRITERIA A330 MEETINGS - - A340 SITE INVESTIGATION OBSERVA I ION A350 SUBMITTAL REVIEWS - A360 RFS /CHANGE ORDERS A370 RECORD DOCUMENTS - A380 PROJECT CLOSEOUT A390 COMMISSIONING -- - All CONSTRUCTION MANAGEMENT AD00 +A100 +A200+a300= SUBTOTAL MANHOURS 30 44 T4 SUB -TOTAL ARCNRECTURAL SERVICES COST $7,004.00 74 EXPENSES RHO MILEAGE MILES 0555 5245 CAD STATION HOURS W Soo - 5100 CONSULTANI EXPENSE PLUS 125%. SQ011E . -- _ 5230 REPRODUCTION- NUmOef of COPIa9 __. _ .._.�_ ._.__.__ COLOR D0442 Ban0 40 (24N368ontl I �11 %17 D0M —.__.. 65000 5210 TRAVEL I LODGING _ _ 5210 AIRLINE COSTS 5200 MISCELLANEOUS ^'aomry arlAgas vun,1n g ovenime wil be 71fl d el the published rate plus 25% EXPENSES COST xo.6o TOTAL ARCHITECTURAL SERVICES A EXPENSE COST f1, 144.00 UISCIPLINE APPROVAL jATE PROJECT MANAGER APPROVAL DATE F'. /Praposal/Estimate /Estimate Form - General -2012 As EXHITBIT A Page 6 of 9 Moist ArchlGtlrs • Engfnesdng CIVIL ENGINEERING SERVICES PROJE=WLR 2011 Flitration Phan Improvement Storage Bulldinp Design PROJECnPROPOSALRO. P12 -0408 PRD/ECTMANASER; S. Palmroae TARN NO. TASK DESCRNRION: DAM PREPARED: 10112012 CNENTRAMR: City of Pasco PQ,Ii CfaA CvIL {]I' /L SE:uOR SENUIR ApWNrTF.CH TOTAL TOTAL LNGIN'FPR 3 F C HFFR 2 DF31G'4 =R i DIL51GN1 R IA'ERN EGITGR COST HOURS ACTIVITY Dy Ci U ,. CODE DESCRIPPDN 14500 120 BO 4 'Sd.T se CO 51 c0 _ Do CJ CO10 PROJECT MANAGEMENT 0020 WORK PLANS I DESIGN CRITERIA C030 MEETINGS _ 2 96000 2 C04O SITE INVESTIGATION /OBSERVATION ODSD ENGINEERING 9 ` _ _ _ _9_2.0_00 6_ COSO CHECKDOCUMENTS _._ CO]O INCORPORATE REVIEW COMMENTS cow Como CUD GENERA]. 2 e 777= "'S1.160.001 10 0101 TITLE PAGE C102 DEMOLITION PLAN 01W EROSION CONTROL PLAN _ C104 SITE _PIAN _ 4 16 1 ?320C 20 0105 DIMMING PLAN 0106 UTILItt PLAN CIO] SIGNING AND STRIPING_PLAN 0109 DETAILS __ C10B _ C110 0111 0112 C100 DRAWINO9 4 16 St 98.00 20 C210 SPECIFICATIONS C220 CONS I RUCTION COST EST MATE ._. C240 REPORTS __. G256 DOCUMENT CONTROL � CUD misc. SERVICES C31D PROJEOTADMINISTRATION C210 91001NG SERVICES C330 MEETINGS 0340 SITE INVESTIGATIOWOSSERVATION j 0350 SUBMITTAL RFVIFVVS Ij 0360 RFI'S I CHANGE ORDERS I C370 RECORD DOCUMENTS C38O PROJECT CLOSEOUT C300 CONSTRUCTION MANAGEMENT COOO+C100«C200+C300= SUBTOTAL MANHOURS 2 12 16 30 CIVIL ENGINEERING SERVICES COST S3,112.DD 30 EXPENSES 621D MI. CAGE 20 MILES 0555 _ _ 51110 5245 CAD STATION HOURS Q _ '10 5100 CONSULTANT EXPENSE 5150001 PLUS t25% ___ 55X115 $1,88]50 5230 REPRODUCTION Number al Copes COLOR 3002 BOn0 24ya9BOW 11X1]eoM 5210 TRAVEL I LODGING _ . 5210 AIRLINE COSTS ' 5230 MISCELLANEOUS ^'Hw^afflPMEeeal?jn oremmn Nil Do ppop el the WbllehaA rata plus 25% EXPENSES COST 5L6p0Ap TOTAL CIVIL ENGINEER ING S EXPEIM CvoT 54,910.bO DISCIPLINE APPROVAL DATE PROJECT MANAGER APPROVAL DATE F: /ProposallEstimate /Estimate Form - General -2012 AD EXHITBIT A Page 7 of 9 Molar /vchleture• Engineering ELECTRICAL ENDNEENNO SERVICES PROJECT TITLE 2011 Flltra8on Plan Improvement Storage Suildin Design PROJECT /PROPOSAL NO. P12-04O8 PROJECTMANAGER: S. PeImrOSIS TASK NO. TASK DESCRIPTION: DATE PREPARED: 10/112012 CLIENT NME:C4ty Of Pasco PRINCIPAL( PROJECT SENIOR SENIOR ENGINEER SENIOR ADMIN/TECH TOTAL seem TOTAL PM MGR ENGINEER 3 ENGINEER 2 2 DESIGNER 3 DFSICNER EDITOR COST HOURS ACTIVITY 0 afl a 0 Ey a a 0 CODE DESCRWTION 145 DO 10500 11500 10700 8400 8200 0700 8000 EDIO PROJECT MANAGEMENT EOZQ WORK PLANS (DESIGN CRITERIA - � �- E030 MEETINGS 2 2 � 210.Op E040 SITE INVESTIGATION __... -� _ E050 ENGINEERING ENO CHECK DOCUMENTS E070 INCORPORATE REVIEW COMMENTS E0so E090 ENO GENERAL a 30W.00 0 E101 GENERAL NOTES S LEGEND E102 ONE-LINE DIAGRPMS _E103 POWER PLANS E104 LIGHTING PUNS 2 B 802 W {p E105 SPECIAL SYSTEMS PLANS- - - - - -- ---- - -' - -� -- - - "'- E100 DETAILS E107 SCHEDULES -- - -- -�- - - -_- -- - _- E108 E109 E110_. - E112 - BOO DRAWINGS 2 B {9e2Dp 1d E210 SPECIFICATIONS E220 CONSTRUCTIDN COST ESTIMATE E_230 MODELING /ANIMATION E240 REPORTS.__. E250 DOCUMENT CONTROL E26O RENDERINGS E270 BIDDING SERVICES E280 CALCULATIONS EI04 MISC, SERVICES E310 PROJECT ADMINISTRATION _._____ —._ __.. E311 WORK PLANS /DESIGN CRITERIA 1_ 4 E3W MEETINGS E340 SITE INVESTIGATION OBSERVATION EO50 SUBMITTAL REVIEWS EM REI'S I CHANGE ORDERS E370 RECORD DOCUMENTS FWD PROJECTCLOSEOUT END COMMISSIONING E300 CONSTRUCTION MANAGEMENT EOOO +EI00*E2001eWO= SUBTOTAL MANHOURS 10 5 to "ELECTRICAL ENGINEERING SERVICES COST {1.72200 t8 EXPENSES 6210 MILEAGE MILES 0555 6295 CAD STATION ryOURS® 506 5100 CONSULTANT EXPENSE PLUS 6230 REPRODUCTION - NumDer of Copies .125% COLOR 3pM2 Swd 2gx3B Bond 11X1] BonE 6210 � AIRLINE AIRLINE COSTS .. _...._. _ LANE 6290 M ISO ELlANEOUb • "NpuM employees locurdng overtime we be MINE at the Published rem plus 25% EXPENSES COST TOTAL ELECTRICAL ENGINEERING B EXPENSE COST t1J21.D0 DISCIPLINE APPROVAL DATE PROJECT MANAGER APPROVAL DATE F: /Proposal /ESlimate/ESlimete Farm- Generel -2012 x1s EXHITBIT A Page 8 of 9 Meier ArCMCture • Engineering STRUCTURAL ENaNEERINO SERVICES PROJECT TITLE 2011 Flitration Plan Improvement Store a Building Design PROJECTA"POSAL NO. P12-0408 PROJECT MANAGER; S. PSImroSO TASK NO. TASK DESCRIPTION: DATE PREPARED: 10/1/2012 CLIENT MAME: CRY of NEW ?R'mr'y�L ° ROJECi S E 1IOR FTJ 01 .E� EVG NFFF i= .O.:ECT SEMOF. _ Oftl GlrE "H TOTAL TOTAL :.3 E'C JL,iCI,LI'e CL9CP ERJ I:[, [0E COST HOURS ACTIVITY CODE DESCRIPTION w'i..,j 16e t) ic, 1:8 'i.C'1 .?nu ta.:) s_�uu 3010 PROJECT MANAGEMENT 5020 WORK PLANS) DESIGN CRITERIA - 5030 MEETINGS _ 21 26000 2 5040 SI FIE INVESTIGATION I OBSERVATION 26000 2 5050 ENGINEERING 6 B 1 1, 04000 0 5060 CHECK DOCUMENTS t fiO OG 2 50]0 INCORPORATE REVIEW COMMENTS I 1 S030 5090 Boca GENERAL iq I $15620.00 11 5101 TITLE PAGE I SID2 FLOOR PLANS I 5103 ENLARGED PLANS i I S104 FOUNDATION PLANS I 21 6 930 co 10 5105 ELEVATIONS _ _ _ 5106 SECTIONS I 2 16 � 1,700 00 18 SID] DETAILS i -- - - 5108 SCHEOII "ES f 5109_. 5110 5111 5112 S1O0 DRAWINGS 41 1 241 1 1 1 smiso.oal 2a 5210 SPECIFICATIONS S220 CONSTRUCTION COST ESTIMATE 5230 MODELING /ANIMATION _5240 REPORTS 5250 DOCUMENT CONTROL 5260 RENDERINGS - _ -- -- - 5270 BIDDING-SERVICES - S206 MISC. SERVICES 5310 PROJECT ADMINISTRATION 5311 WORK PLANS I DESIGN CRITERIA 5330 MEETINGS - S340 SITE ! NVESTIGATION OBSERVATION_ 6350 SUBMITTAL REVIEWS 5360 REPS I CHANGE ORDERS 5370 RECORD DOCUMENTS 5300 PROJECT CLOSEOUT 5390 COMMISSIONING_ I{{I L_ $300 CONSTRUCTION MANAGEMENT SM04 8100 +8200+SXOI SUBTOTAL MANHOURS I 24 42 STRUCTURAL ENGINEERING SERVICES COST Sq,500.00 42 EXPENSES 5210 MILEAGE MILES 0, 0566 5245 CAL) STA ION HOURS �. 500 5100 CONSULTANT EXPENSE PLUS 125% &!W 5230 REPRODUCIION- NUmDerof Caples COLOR 00x128000 2AX S9A5 11X178aW 5210 TRAVEL I LOGGING 5210 AIRLINE COSTS 5290 MISCFI LANEGUS - -- — -- "'HMSO[ employees Incurnng overtime will be 1I at Pe published rate plus 26% EXPENSESCOST TOTAL STRUCTURAL ENGINEERING S I ENSE COST _ N.f00.00 DISCIPLINE APPROVAL DATE PROJECT MANAGER APPROVAL ERIC FJPropo6al /Eetimale(E i imale Form - General -2012 xls GHITBIT A Fag- ee of I A � \ i \ ♦9 {) ) ' ♦ W % !_- | § �- ■� ®f` -G -° - �.t,.,.«■- ;o ; toa��!!e!a! ® ®■| f5 ;! a. AGENDA REPORT FOR: City Council TO: Gary Crutch el'ii 4 Manager FROM: Stan Strebel, D6puty City Manager SUBJECT: Contract for Collection Services 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. 3(d) 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. 5. 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. 7. 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 15d' and 315` 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 1/6, 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; • Sarita 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. 100 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 1 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 / % , day of v 20121 WASHINGTON COLLECTORS TRI- CITIES, INC. Q4' zz/�? ARACELI LAMB Vice - President Approved and executed on the day of , 2012, CITY OF PASCO GARY CRUTCHFIELD City Manager ATTEST Debbie Clark, City Clerk APPROVED AS TO FORM: Lee Ken•, City Attorney Collection Agency Contract Page 4 AGENDA REPORT FOR: City Co unci l January 8, 2013 TO: Gary Crutchfi Manager Workshop Mtg.: 1/14/13 Regular Mtg.: 1/22/13 FROM: Stan Strebel, D er Deputy City Manag SUBJECT: Interlocal Agreement with City of Mesa for Municipal Court Services I. REFERENCE(S): 1. 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. 3(e) 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. 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 tern 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 I I(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. Interlocal 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 (180) 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 2013. TY F MESA David M. Ferguson, Ma ATTEST esa dridge, City Cler APPROVED AS TO FORM APPROVED AS TO FORM t ; :_ ` Lee Kerr, Attorney Lee Kerr, Attorney Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 7 AGENDA REPORT NO. 5 FOR: City Council (1 January 15, 2013 TO: Gary Crutch i 1 C' Manager FROM: Ahmad Qayoumj, Public Works Director Regular Mtg.: 01/22/2013 i SUBJECT: Accept Linda Loviisa Well Construction, Project No. C7- WX- 1R -12 -02 I. REFERENCE(S): 1. Vicinity Map 2. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 01/22: MOTION: I move to approve Resolution No3/5?> accepting the work performed by Carpenter Drilling under contract for the Linda Loviisa Well Construction, Project No. C7- WX- 1R- 12 -02. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project involved the drilling of a new 16" well at the existing site. B) On October 1, 2012, Council awarded the Linda Loviisa Well Construction, Project No. C7- WX- 1R -12 -02 to Carpenter Drilling for $113,541.30 including sales tax. V. DISCUSSION: A) The final project construction contract totaled $120,035.58. B) The overage, approximately 5.7% is due to the varying condition in the aquifer which required increasing the screen slot size and length in order to achieve the target production volume of 2,000 gallons per minute. Along with the upsizing of the screen, the well required additional development time to remove sediment. C) The work is now complete and staff recommends acceptance of this work. 3(fi) M L {,. tye Lj t Y / .. �^ ►_� � max` � I V J L JAYXi Or O Li i U �1 a � J 6 L � W� wpi k I 1 Z � • � 1 � i Vii, �r fi�� t. .� �� { k � (, 4 _ �sa� RESOLUTION NO. ab—j A RESOLUTION ACCEPTING WORK PERFORMED BY CARPENTER DRILLING UNDER CONTRACT FOR THE LINDA LOVIISA WELL CONSTRUCTION, PROJECT NO. C7- WX- 1R- 12 -02. WHEREAS, the work performed by Carpenter Drilling under contract for the Linda Loviisa Well Construction, Project No. C7- WX- lR- 12 -02, has been examined by the Public Works Operations Division and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Public Works Operations Division recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Public Works Operations Division recommendation and thereby accepts the work performed by Carpenter Drilling under contract for the Linda Loviisa Well Construction, Project No. C7- WX- lR- 12 -02, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 22nd day of January 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney TO: FROM: SUBJECT: I. II. III. IV, AGENDA REPORT City Counci January 17, 2013 Gary Crutch f1 : Manager Regular Mtg.: 1/22/13 School Distric t t Bond Proposition REFERENCE(S): Requested Resolution ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING 1/22: MOTION: I move to approve Resolution No. _, regarding the February 2013 bond election of the Pasco School District FISCAL IMPACT: 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) Per Council discussion at the January 14 workshop meeting, a public hearing was advertised for the January 22 meeting. The resolution reflects the school bond committee's request. 7(a) 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 has been 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; and WHEREAS, after public notice was given that a Resolution in support of the 2013 Pasco School Bond election would be considered by the City Council, a hearing was held on January 22, 2013, providing members of the public an opportunity to express their views in favor or opposition to the Resolution; 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 Debra L. Clark, City Clerk Approved as to Form: Leland B. Kerr, Attorney AGENDA REPORT FOR: City Council j I January 16, 2013 TO: Gary Crutchfien anager Regular Mtg.: 1/22/13 Rick White, Community & Development Director FROM: Dave McDonald, City Planner SUBJECT: REZONE: Rezone from BP (Business Park District) to C -3 (General Business District) (MF# Z 2012 -003) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance and Concomitant Agreement 3. Planning Commission Report 8/22/12 4. Planning Commission Memo 9/20/12 5. Planning Commission Minutes: Dated 8/22/12, 9/20/12, 10/18/12, 11/15/12 & 12/20/12 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/22: MOTION: I move to adopt Ordinance No. , an Ordinance rezoning property located north of Court Street and west of 26`h Avenue from BP to C -3, with a concomitant agreement and further, authorize publication by summary only. IIl. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On August 16`h, 2012 the Planning Commission conducted a public hearing to determine whether or not to recommend a Rezone from BP (Business Park) to C -3 (General Business) with a concomitant agreement for Lot 4 of Binding Site Plan 95 -05. The site under consideration is the vacant lot north of the Ti Sports building at 2701 West Court Street. B. Following the conduct of the August hearing, the applicant requested action on the rezone be continued to allow staff and the applicant time to work out the details of a concomitant agreement. The applicant's schedule and the fact his architect was from Atlanta extended the process until December. At their regular meeting on December 20, 2012 the Planning Commission recommended the rezone be approved with a concomitant agreement limiting land uses on the site and providing site development standards. The recommended limitations and conditions are provided as a part of the rezone ordinance under Reference #2 above. C. No written appeal of the Planning Commission's recommendation has been received. 8(a) O J4 Q N I 1 I C, �m u r eY` i4 A el .5-AV aNZZ . •- .sF_i .k" _ nom- r+-' __, , 1r �AbH9Z -} Y — Mt�rl�Y,� , 1 47^ i ; 4 twos +�v.. �.w�.•�.,: '�I , �5 I I e1 U IM I • • e I � �` Ii Afli WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N. Third Avenue Pasco, WA99301 ORDINANCE NO, AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF LOT 4, BINDING SITE PLAN 95 -05, FROM BP (BUSINESS PARK) TO C -3 (GENERAL BUSINESS) WITH A CONCOMITANT AGREEMENT. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from to BP (Business Park) to C -3 (General Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 4, Binding Site Plan 95 -05 Section 2. That the change of the zoning classification as provided in Section 1 is contingent, and conditioned upon the execution and compliance with a Concomitant Agreement entered into between the Petitioner and the City which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No "2 ". Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 7 °i day of January 2013. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney oil 111111111111 ■ 11111111111111 ■.■ I �: . C 11111111111111 � I �� -: ■ 11111 ■III 1111 ■ F/00 om "Exhibit # 2" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non - charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution). has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: LOT 4 BINDING SITE PLAN 95 -05 (Parcel # 119312083) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, .the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above - described property is rezoned by the City of Pasco from BP (Business Park) to C -3 (General Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant /property owner does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above - described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. The following uses shall be prohibited: 1) Heavy equipment sales and services; 2) Automobile sales and service; 3) Mobile home sales and service; 4) Express offices; 5) Truck stop; 6) Lumber sales; 7) Veterinarian clinics; 8) Landscape gardening storage areas for equipment & materials. B. The following development standards shall apply: I) The main entrance of any building located on the site shall be oriented toward the west. 2) No service doors or truck loading /unloading areas shall be permitted on the eastern side of the building. Only man doors and required egress doors shall be permitted on the east side of the building. 3) The west building elevation shall contain a least three distinct architectural features. 4) Automobile parking areas shall be limited to the south, north and west sides of any buildings. 5) Buildings shall be setback at least 80 feet from the east property line. 6) The existing fencing along the east property line shall be repaired and damaged screening slats shall be replaced. 7) The existing berm along the eastern property line shall be extended southerly to a point 40 feet south of the north line of the building. The berm shall be no less than 4 feet high. A like berm shall also extend southerly to the south property line along the east property line from a point 20 feet northerly of the south line of the building. 8) A 15 foot landscaped buffer shall extend the full length of the east property line including the area where the berms are located. The buffer area shall include a mixture of shrubs and trees with at least 34 evergreen trees planted no more than 30 feet apart. 9) Landscaping shall be located between any parking lot on the west side of any building and Highway 395. Sixty -five percent of said landscaping shall consist of live vegetation comprised of lawn, shrubs and trees. At least 14 trees shall be provided. A landscaping plan must be approved by the Community and Economic Development Department prior to installation. CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 10) All areas of the site between any building and the landscaped buffer on the east property line and areas north of any building shall be graveled or otherwise treat to prevent blowing dust and the accumulation of weeds. 11) The existing trees along the east property line must be cleaned by removing of all dead and scraggly material. 12) Exterior lighting on the east side of buildings must be shielded so as to prevent light spillage beyond the east property line. 13) No signage shall be oriented toward the properties to the east. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above - described property: STATE OF WASHINGTON ) ss. County of- ) On this day of before me, the undersigned, duly t commissioned an sworn, personally appeared i l AG 1 t viii1viamsm ftti to me known to be the indivi al(s) described a 4-6d who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she /they is /are authorized to execute the said instrument. GIVEN underhand and official seal this 2 Notary Public State of Washington TYLER SCOTT FITZGERALD My Appointment Expires Jan 29, 2014 CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3 day of thb State at M?,V REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2012 -003 APPLICANT: Bill Dolsen HEARING DATE: 8/22/2012 PO Box 1726 ACTION DATE: 12/20/2012 Yakima, WA 98907 BACKGROUND REQUEST FOR REZONE: Rezone from BP (Business Park) to C -3 (General Business) with a Concomitant Agreement 1. PROPERTY DESCRIPTION: Legal: Lot 4 Binding Site Plan 95 -5 Location: North end of 26th Avenue Property Size: 8.41 Acres 2. ACCESS: The property has access from 26th Avenue. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned BP (Business Park). The site is vacant and never been developed. Surrounding properties are zoned and developed as follows: North "R -1" Low Density Residential - Church & "R -2" Medium Density Residential- Duplex complex South `BP" Business Park - TI Sports East "R -1" Low Density Residential - Single Family West Highway 395 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the site for commercial uses. Plan Policy ED -2 -13 encourages the development of a wide range of commercial and industrial uses strategically located to support local and regional needs. Part of the State -wide Growth Management mandate as identified in the Comprehensive Plan includes the promotion, retention and expansion of local businesses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197- 11 -158. 11 ANALYSIS /HISTORY The property in question was part of a more than 18 acre area north of Court Street adjacent to Highway 395 that was annexed to the City in 1989. Upon annexation the site and companion parcels to the south were zoned C -1 Retail Business. In 1995, six years after annexation, a permit was issued for the construction of the Food Pavilion store on the seven acres south of the site. A year later a convenience store was built at the northwest corner of 26th Avenue and Court Street followed six years later by two commercial buildings along Court Street. The site has continued to remain vacate since annexation 23 years ago. The Food Pavilion store closed in the early 2000's and remained vacant until it was rezoned to BP along with the site in question. In 2010 the Food Pavilion property was purchased by Ti Sports and converted to a research, development and manufacturing facility. (The Food Pavilion store was originally located on the west side of Highway 395 in the River View Shopping Plaza. The River View Shopping Center has been mainly vacant and underutilized for more than 10 years.) The applicant is seeking a rezone for the site to relocate and expand an existing distribution facility that is currently located on Road 34. The Business Park District does not permit the development of warehouses hence the applicant request for a rezone to C -3 (General Business). The subject property is designated for commercial land uses by the Comprehensive Plan Land Use map. The Comprehensive Plan provides general guidance on land use but does not specifically identify which of the six commercial zoning districts should be applied to the property. The public rezone process is used to determine the most appropriate zoning district. Commercial zoning districts include C -1 (Retail Business), C -2 Central Business District), "O" (Office), C -3 (General Business) CR (Regional Commercial) and BP (Business Park). The C -3 District permits the most intense commercial land use activities in the community. These uses include heavy machinery sales and service, lumber yards, mobile homes sales yards, automobile sales and service, wholesale businesses, warehousing, and trucking firms. The applicant understood at the time of application that not all permitted uses within the C -3 district would be appropriate on the site and restricted the C -3 rezone request to exclude heavy equipment activities, lumber sales and veterinarian clinics. While the applicant intends to relocate and expand a specific business, zoning decisions need to be considered in the context of all uses permitted in a zoning district. The applicant's existing facility uses 14 to 16 trucks on a regular basis. Eight UPS /FEDEX type trucks provide vending services to the region and 6 to 8 large 30 to 50 foot semi - trucks make deliveries to area stores. These trucks leave the current site between 5:30 am and 7:00 am and return between N 1:00 pm and 4:00 pm each afternoon. From 4:00 pm to about 10:00 pm the trucks are re- stocked for deliveries the following day. Sometime during the day, usually in the morning, several (3) semi - trucks make deliveries similar in the manner in which deliveries are made to grocery stores. Again review of the application should include consideration that any type of distribution center could be located on the site not just the applicant's proposal. Other types of distribution centers may be more or less intense with respect to impacts on the neighborhood. Given the location of the property adjacent to a residential district it may be necessary to exclude certain C -3 uses from consideration and or include conditions that would reduce or eliminate possible adverse impacts associated with a rezone that may include a distribution center as a permitted use. Conditions could include additional screening through the use of berms, fencing and landscaping, restrictions on the location of buildings on the site, security lighting and orientation of loading docks. It should also be pointed out that some uses permitted in the BP zone such as retail grocery stores are serviced by a large number of trucks big and small. Trucks delivering to grocery stores arrive very early in the morning and continue through the day into the evening. Depending on the orientation of the loading docks truck traffic to a grocery store can impact adjoining properties in much the same manner as a distribution facility. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The retail nature of the area has changed as a result of the conversion of the Food Pavilion building to a research, development and manufacturing facility. • The old Kmart building (76,000 sq. ft.) on the west side of Highway 395 has been vacant or underutilized for approximately 12 years. • Much of the River View Shopping Plaza west of Highway 395 has been vacant or underutilized for the past decade • A significant shift has occurred in the retail development of the city with major retail development now occurring on Rd 68 near the I- 182 Interchange. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. For one reason or another development skipped over this site. The church to the north was built in 1969 and the houses to the east were built in the 1950's, 1960's and 1970's. The location of the property adjacent to the freeway and 750 feet north of Court Street have made it undesirable for both residential and commercial development. Rezoning 3 the property for businesses that are not impacted by freeway noise and that do not need convenient or direct access to an arterial street may encourage development and use of the property. Developed land contributes more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. Developed land also eliminates problems associated with weeds, the collection of litter and blowing dust that often creates a nuisance in the community. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. The Comprehensive Plan does not specify the exact commercial zoning that should be applied to the property. That determination is to be made through the public rezone process. There are six commercial zoning districts that could be considered for the property, including C -3 General Business. Plan policy ED -2 -13 encourages the development of a wide range of commercial and industrial uses strategically located to support local and regional needs. The site is conveniently located near the Court Street 395 interchange providing easy access to the local and regional transportation network. Part of the State -wide Growth Management mandate includes the promotion, retention and expansion of local businesses. Rezoning the property would benefit nearby commercial businesses, thereby creating additional business opportunities and buoying up property values. Development of the property with a building could benefit the adjoining residential neighborhood by creating a barrier or buffer between the freeway and the neighborhood thereby reducing freeway noise in the neighborhood. Development of the property would also eliminate a weedy dusty parcel thereby diminishing nuisances caused by weeds, blowing dust and the collection of litter. However, a distribution facility may also increase trucking and sorting activities on the site and may increase noise impacts in particular It is probable that this increase in activity will impact the R -1 and R -3 properties adjacent to the rezone site and noise impacts would need to be mitigated. 4. The effect on the property owners if the request is not granted. The current BP zoning allows the property to be developed with a variety of administrative office buildings, testing labs, research facilities, High Tech type manufacturing plants, industrial medical facilities, research and development facilities and retail businesses. The benefit of this zoning district to the owner is that it allows a combination of C -1 business activities and research, development and manufacturing of high tech products. Additional setbacks and landscaping requirements are built into the district to provide compatibility with neighboring properties. By maintaining the current zoning the property owner can market the land for a greater number of uses than permitted in some commercial districts. However high tech development firms are difficult 10 to attract and the location of the property 740 feet from an arterial street make it less attractive for retail sales. The proposed rezone may increase opportunities to lease or sell the property and put the property to a productive use. With current and past zoning the property has not developed. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates the site for commercial development. The proposed rezone is for commercial development (C -3 zoning) consistent with the Plan. The existing BP zone is also consistent with the Comprehensive Plan designation of the site. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned BP (Business Park). 2) The Comprehensive Plan designates the site for commercial development. 3) The Pasco Municipal Code contains regulations for 6 types of commercial zoning districts. 4) The applicant has applied for a C -3 General Business rezone 5) C -3 Zoning is consistent with the Comprehensive Land Use Designation of commercial for the site. 6) Under current and past zoning the site has remained vacant and undeveloped since it was annexed 23 years ago. 7) Properties around the site developed in the 1950's, 1960's and 1970's while the site in question remained vacant and continues to be vacant today. 8) The former Food Pavilion building directly south of the site remained vacant for 7 years until the property it was a part of was rezoned. The rezone enabled a non - retail research, development and manufacturing firm to locate in the building. The firm invested almost a million dollars in remodeling the building. 9) The 76,000- square -foot K -Mart building in the Riverview Shopping Plaza (3521 W Court St.) has been vacant or underutilized for approximately 12 years. 5 10) The old Food Pavilion building in the Riverview Plaza has been vacant or minimally used since 1996. 11) The site is located 750 feet north of Court Street and lacks arterial street frontage. 12) In addition to permitting the development of retail uses the C -3 District permits the development of more intense commercial activities such as automotive sales and services, heavy equipment sales and service, lumber yards and other uses. 13) Some retail uses such as grocery stores are serviced by a large number of delivery trucks at all hours of the day and night. Grocery stores are a permitted use in the BP zone. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060. The criteria are as follows: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The goals and policies of the Comprehensive Plan encourage the development of commercial land uses on the site. The proposed zoning district is commercial in nature and supports the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The property is currently vacant and has remained undeveloped since annexation to the City. The proposed rezone may provide opportunities for additional uses creating employment opportunities and additional activity on the property that would have secondary benefits to adjoining commercial businesses. Development activity on the property will ensure the property is maintained in a dust free weed free manner, thus benefiting other nearby properties. (3) There is merit and value in the proposal for the community as a whole. Encouraging development of the property will have merit and value to the community as a whole because a developed property more fully contributes to funding public safety, schools, parks and other community services upon which all residents rely. The proposal will also cause the property be become developed eliminating nuisances conditions associated with blowing dust, weeds and the 0 accumulation of weeds and debris along the common property line with the properties to the east. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The property is not an appropriate location for many of the high intensity uses that are permitted in the C -3 District. Uses such as heavy machinery sales and service, lumber yards, landscape storage yards, contractor facilities, mobile homes sales, automobile sales and service, trucking firms, truck stops, towing impound yards and related or similar uses would impact the neighborhood in a negative manner. Conditions to exclude such uses would be needed for the benefit of the surround neighborhood. Additionally buffering through landscaping, berms and or walls may be needed to provide the neighborhood with protection from possible noise and activity associated with use and development of the property. Restricting the location of parking and truck loading areas will also aid in minimizing the impacts of on -site traffic and noise on adjoining properties. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is needed to prohibit the development of more intense commercial uses and ensure sufficient buffering is provided for the benefit of the neighborhood. Rezoning the property to C -3 with restrictions on the more intense C -3 uses would essentially cause the property to be zoned similar to C -1 with the addition of distribution facilities. The concomitant agreement should include the following: a. The main entrance of any building located on the site shall be oriented toward the west. b. No service doors or truck loading /unloading areas shall be permitted on the eastern side of the building. Only man doors and required egress doors shall be permitted on the east side of the building. c. The west building elevation shall contain a least three distinct architectural features. d. Automobile parking areas shall be limited to the south, north and west sides of any buildings. e. Buildings shall be setback at least 80 feet from the east property line. f. The existing fencing along the east property line shall be repaired and damaged screening slats shall be replaced. 7 g. The existing berm along the eastern property line shall be extended southerly to a point 40 feet south of the north line of the building. The berm shall be no less than 4 feet high. A like berm shall also extend southerly to the south property line along the east property line from a point 20 feet northerly of the south line of the building. h. A 15 foot landscaped buffer shall extend the full length of the east property line including the area where the berms are located. The buffer area shall include a mixture of shrubs and trees with at least 34 evergreen trees planted no more than 30 feet apart. i. Landscaping shall be located between any parking lot on the west side of any building and Highway 395. Sixty -five percent of said landscaping shall consist of live vegetation comprised of lawn, shrubs and trees. At least 14 trees shall be provided. A landscaping plan must be approved by the Community and Economic Development Department prior to installation. j. All areas of the site between any building and the landscaped buffer on the east property line and areas north of any building shall be graveled or otherwise treat to prevent blowing dust and the accumulation of weeds. k. The existing trees along the east property line must be cleaned by removing of all dead and scraggly material. 1. Exterior lighting on the east side of buildings must be shielded so as to prevent light spillage beyond the east property line. m. No signage shall be oriented toward the properties to the east. MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the December 20, 2012 staff report. MOTION: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council approve the Rezone from BP (Business Park) and C -3 (General Business), with a concomitant agreement with conditions as enumerated in the December 20, 2012 staff report. 0 I Cr .. T NOW SEW � 1 ` t r4V W I Yr�- ;3YTM.aiY�. �0 O.6 O,O L.•p �0" I. 4 4 M i U O OQ O O �-4mJ N 1 0 W FM U) Ct N voa • sz a T W X l� 3" H19Z y O I V 1 i , all T ' r . .t d N� 5. .. 3 t 1; E d a c c OWN A c c bm MEMORANDUM DATE: September 20, 2012 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Rezone from BP to C -3 Rezone (MF# Z2012 -003) During the August 16, 2012 meeting the Planning Commission held a hearing on a rezone application for an 8 acre parcel located at the north end of 26th Avenue. The applicant in this matter was requesting the current BP (Business Park) zoning be changed to C -3 (General Business) with a concomitant agreement to allow the relocation of the local Coke distribution facility to the property. The applicant is still in the process of identifying the optimal site development including building orientation. Without a better understanding of how the proposed building will be laid out it is difficult to finalize the concomitant agreement conditions. With that in mind the applicant and his consultant would prefer to continue the public hearing for one month to allow time to work out the details of the concomitant agreement with staff. Recommendation MOTION: I move to continue the hearing on Master File # Z 2012 -003 to the October 18th 2012 meeting. Planning Commission Minutes 8/22/2012 D. Rezone Rezone from BP (Business Park) to C -3 (General Business) (Bill Dolsen) (MF# Z2012 -0031 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone from a BP (Business Park) to C -3 (General Business). The applicant is seeking to relocate an existing distribution facility that is currently located at the corner of Road 34 and Henry Street. The Comprehensive Plan designates the site for commercial uses but does not say exactly what commercial zoning should be applied to the property. That determination is made through the rezone process. The proposed property was annexed into the City approximately 23 years ago along with the properties to the south. It took years for the area to develop. The surrounding neighborhood developed in the 1950's, 1960's and 1970's. The property the applicant is interested in has remained and bypassed by development for one reason or another. The applicant's current business utilizes 14 -16 trucks to make deliveries throughout the community. Eight of these trucks are designed or look like UPS trucks and they service vending machines throughout the Tri- Cities area. They also have 6 -8 large "semi- type" of trucks that provide delivery service to the community. The only way into the property is through 26th and Court Street. There is a traffic signal at that location. The trucks would be going through that intersection at off - peak times. Staff consulted with the Engineering Department with respect to the number or trucks and the configuration of that intersection. According to the Engineering Department there should not be any problems with trucks going through that intersection. It is important to keep in mind the applicant might decide not to use the location and any other individual that had a distribution type of facility would be able to locate on this property hence the need for a concomitant agreement. The site could also be developed for a large grocery store without a rezone. Large grocery stores have numerous delivery trucks throughout the day and what would come with the grocery store that doesn't come with the distribution center is all of the customers which could generate up to 4,000 vehicles per day. A grocery store could impact the neighborhood significantly. Staff suggested the Planning Commission consider a buffer along the eastern edge of the proposed site near the residential zoning, either through construction of a tall wall or a berm. In addition, landscaping and a fence would help screen the property. Bill Dolsen, PO Box 1726, Yakima, WA, President of the Coca -Cola Bottling Company of Yakima - Tri - Cities, spoke on behalf of his rezone application. He gave a brief history of their business and growth in the Tri- Cities. Mr. Dolsen stated that they have outgrown their space and need to relocate. They looked at multiple sites in the Tri- Cities and prefer the proposed site. Chairman Cruz asked the applicant if he had any issues with the conditions included in the staff report, including the buffers to reduce the intensity of C -3 uses and designing the facility so that the truck concentration would be in the rear of the facility, closer to Highway 395 rather than closer to the residential area on the east. Mr. Dolsen answered that he is unsure of the truck location. They are hiring an engineering company to help layout the facility so they can get the trucks in and out easily. Commissioner Kempf asked the applicant if the building type is going to be a permanent structure. Mr. Dolsen answered that it would be a permanent structure. Chairman Cruz stated that with the restrictions in the conditions he did not have an issue with this rezone. Commissioner Anderson moved, seconded by Commissioner Levin, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 20, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 9/20/2012 OTHER BUSINESS: A. Rezone Rezone from BP (Business Park) to C -3 (General Business) (Bill Dolsenl (MF# 22012- 0031 - Continued to October 18 2012 Meeting Chairwoman Kempf read the master file number and asked for comments from staff. David McDonald, City Planner, explained the rezone from BP (Business Park) to C -3 (General Business). The applicant in this case is in the process of working with an engineer/ architect to lay out a design for the property with respect to the building. Because the location of the building and the orientation was a concern relative to the single - family residential neighborhood to the east there may be conditions attached to the rezone. The recommendation was to continue this item to the October 18, 2012 meeting to allow more time. Commissioner Hilliard moved, seconded by Commissioner Greenaway, to continue the hearing on Master File # Z2012 -003 to the October 18, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 10/18/2012 A. Rezone Rezone from BP (Business Park) to C -3 (General Businessl (Bill Dolsen) IMF# Z2012- 003) — Continued to November 15 2012 Meetine Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the status of this item. At the last regular meeting this item was continued for one month to allow staff time to meet with the applicant and his architect to work out issues of layout of their building on the property. Staff met with the architect and the applicant asked to have one more month to get a clearer picture on how the building will fit and from that staff will be able to create conditions for the rezone. Commissioner Anderson moved, seconded by Commissioner Kempf, to continue the deliberations until the November 15, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 11/15/2012 OLD BUSINESS: A. Rezone Rezone from BP (Business Park) to C -3 (General Businessl (Bill Dolsen) (MF# 22012- 0031 - Continued to December 20 2012 Meetine Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the status of this item and explained that the applicant needed more time. Commissioner Khan moved, seconded by Commissioner Greenaway, to continue the deliberations until the December 20, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 12/20/2012 A. Rezone Rezone from BP (Business Park) to C -3 IGeneral Business) (Bill Dolsen) (MF# Z2012 -003) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application from BP (Business Park) to C -3 (General Business) with the intent of allowing a distribution facility on the property with conditions. He explained that this application had previously been continued to allow the applicant, Bill Dolsen, to work with an architect to layout a building on the property. The applicant now has a plan that will work with the property and staff has created a number of conditions for the concomitant agreement that would allow the rezone process to move forward for City Council's consideration. Staff recommended the property be rezoned with the conditions listed in the attachment (revised motion) that was handed out to the Planning Commission prior to the meeting. The attachment was also provided to Mr. Dolsen. Mr. McDonald explained the additions related to the requirements for architectural features on the front of the building and clarification on landscaping. Mr. McDonald also pointed out that the conditions should also contain a limitation on uses such as heavy equipment sales and service, lumber yards and other uses in the C -3 zone of a non - retail nature. The agreement would be prepared to include the list of prohibited uses. The public hearing was opened to allow the applicant to make comment. With no public comments being provided the hearing was closed. Commissioner Anderson moved, seconded by Commissioner Khan, to adopt the findings of fact and conclusions therefrom as contained in the December 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Khan, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the rezone from BP (Business Park) and C -3 (General Business), with a concomitant agreement with conditions as enumerated in the December 20, 2012 staff report including a limitation on non - retail uses as discussed. The motion passed unanimously. Staff explained that if no appeal is filed on the Planning Commission recommendation that matter would be forwarded to the City Council on the first regular meeting in January. AGENDA REPORT FOR: City Council TO: Gary FROM: Stan Strebel, lbeputy City Manager SUBJECT: Construction Bids /Contract Municipal Court I. REFERENCE(S): 1. Construction Cost Estimate 2. Draft Construction Contract January 17, 2013 Regular Mtg.: 1/22/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/22: MOTION: I move to approve the contract for construction of municipal court facilities with Lydig Construction, Inc., in the amount of $3,417,619.00, including sales tax, and, further, to authorize the Mayor to sign the agreement. 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) Lydig Construction, Inc., of Spokane submitted the lowest base bid (of 5 bidders) for the project. The City's calculated portion of the project is about 2.4% higher ($82,000) than the architect's estimate. D) The City included one alternate in the bid to allow some flexibility in final cost. Staff does not recommend awarding the alternate which included upgrading courtroom and waiting areas with decorative wood paneling ($94,600) as opposed to finished/painted sheetrock (which should be easier to maintain over time). 10(a) CITY OF PASCO COURTS 100% CD Estimate 9126/2012 Square Estimated I Estimated Courts Construction Cost Footage ICostperSFj Cost Common Areas (Entry /Stairs /Elev /Corridors) 21477 $ 230 $ 569710 Courts 107768 $ 220 $ 213683960 Prosecuting Attorney _ Secure Corridor $ Total 13,245 $ 219383670 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 $ 32335,236 Construction Contingency 5% $ 166,762 FF &E Budget $ Non - Construction Cost $ 260,000 Total Project Cost $ 3,761,998 ;wj IM AIA Document A101 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the e day of in the year f j% » (In words, indicate day, month and year.) BETWEEN the Owner. ADDITfONa AND *I stg+ IONS -- ! (Name, legal status address and other information) Th author of this document hai added information ILI ne for its q »tt » .:Z`. T6edauthor may alsolhave . xe'tised the text of the w 1 _ or ginal AIpt, s andard form. H .» _ ; IAn dditiony 4e d Deletions ort that lill noes added - In ormation asiwell as and the Contractor: re isions t t e standard (Name, legal status, address and other information) forn..texL i a .ailable- from the author and should be - re Viewed.....,..... _ _........_.__... r. his document has importan"d I. legal conaequenchs: � _1 -cons an L, I I . .'.,t a tt orn ey 11 S enc ur ed with 9 - 2 -- '- -..i respect tg xt's om letion I'f for the following Project: or modS ication (Name, location and detailed description) AIA oocuiL`Snt.�A2 to i2007, General- Condxtl''i onelpf the Contract fo -ConstrnCfion,. KPtm) uSCq)> is adopted in this documen by reference. Do not use-..,,.) with other general cgnd tions- iVll..ess this- .! ocument is Id dif}e'd. The Architect: �B,r (Name, legal status address and other information) » « L.- .._...... a The Owner and Contractor agree as follows. - r ............ . ELECTRONIC COPYING of any portion of this AIA` Document to another electronic file is Prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Docwrnnt Alofs _ 2009, Copyright C 1915, 1918. 1925, 19371 1951, 19581 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1991 and 2001 by The American Institute Of Architects. All rights reserved, NApNING: This AIA° DoauRent is protectea by U.S. Cb t ht Lay and International 2007 Treaties. Unauthorized rsprca9ation or distribution of this AIAi pocymant, pi Copyright penal ties, and Will b0 any portion of it, may result in severe civil and criminal 1 prosecuted to The maximum extant possible under the law. This draft was produced by AIA software at 1D:01:39 0 OB/23/2012 under Omer NO. 9511612456 1 which expiroa on 01123/2013. and is not for resale. n User Notes: (16323996921 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ' 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS _I 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS t ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, apd are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract reContract, at entire and integrated agreement between the parties hereto and supersedes prior negotiations, represedEetion,. oy agreements, either written or oral. An enumeration of the Contract Documents, ion appears 7n Article 9. - other than MAdificat .. i1 1I ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated i below or provision is made for the date to be fixed in a notice to proceed issued by the 0a di . di (Insert the date of commencement if it di/j"ers from the dale of this• Agreement or, if applica le, Mate Thar will be fixed in a notice to proceed.) , If, prior to the commencement of the Work the Owner requires time to file mortgages and !)th er security j to ests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. r _: t :,•: i § 3,3 The Contractor shall achieve Substantial Completion of the entire Work not later than?5 )s'i( #c_ -),) days from the ! •1 date of commencement, or as follows: i l (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordin to )iwith the date of ' commencement. If appropriate, insert requirements for earlier Substantial Completion a c r!a o of n ptions the )York) (.__- -_ i! AIA pocuncn[ w]03° -sop). copyright G 1935, 1918, L925, 1937, 1951, 1950, 1961, 1963, 1967, 1974, 1977, 199], 1991, 1997 and 200"1 by The American Institute of Architects. All rights reserved. NANIINO: This AIAe [Ip;ympn[ ie pipiactad by U.S. Copyright Lev and International Trealtea. Unauthorized will reproduction or distribution or this; ASAS D9oweant, or any portion of 1t, may result in Severe civil and criminal r,enaltiea, and vtll W piosaouted to the waximum extent possible under the lax. This drafC was produced by AIA as at 10:01:39 0 00/23/2012 under Order No.9511672456 1 which expires on 01123/2013, and is not for resale. n User Notes: (1632399692) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions if any, for liquidated damages relating to failure to achieve Substantial ampletion on time orfor bomis payments for early completion of the Work) lII ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor performance of the Contract. The Contract Sum shall be fs- >A ($ > ), subject to additions and deductions as provlt ed In the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if arty, which are described: n the Contract Documents and are hereby accepted by the Owner: -- (State the numbers or other identification ofaccepted alternates. if the bidding a•proposa+do� p mi the Owner ro accept other alternates subsequent to the execution of this Agreement, attach a sbhejunleffis de ofsuc other alternates showing the amount for each and the date when that amount e) � §4.3 Unit prices, ifany: l -- (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) - § 4.4 Allowances included in the Contract Sum, if any: j (identify allowance and state exclusions, if any, from the allowance price.) 11( Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS l+'' § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor aid C,ertifical Payment issued by the Architect, the Owner shall make progress payments on account of the Contract S Contractor as provided below and elsewhere in the Contract Documents. I I § 5.1,2 The period covered by each Application for Payment shall be one calendar month et(din on the la s!t da of the month or as follows: 11(( § 5,1.3 Provided that an Application for Payment is received by the Architect not later than the 4 » day of a month,,, the Owner shall make payment of the certified amount to the Contractor not later than the kt�ay of the (; s >i; month. If an Application for Payment is received by The Architect after the application date fixed abgve, payment shall - b'e'•, lk made by the Owner not later than s< g' (Y <, is) days after the Architect receives the Appiicatidn fqP Payment. (Federal, state or local laws may require payment lvithin a certain period ofAme.) / ii § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values stub itted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate [ e entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in cll'fdiin and suppe led " by such data to substantiate its accuracy as tile Architect may require. This schedule, unles objected to-by the,- j Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. ATA Docomsnt A101m - 2DO7. Copyright ¢ 1915, 1918. 1925, 1937, 1951, 1959, 1961, 1963, 1961, 1974, 1911, 1981• 1991, 1991 and 2001 by The Amarican institute of Architects. All rights reserved. wAND1N0: This AIAs Document is protected by U.B. copyright law and International Treaties. Unaithorizod reproduction or distribution Of this AIex DOOUxaDt, Or any portion of it, They result in swore civil and criminal penalties, and will he p[osOCuted to the owbowm extent possible under the law. This draft was produced by AIA software at 10;01:39 on 06/23/2012 under Order No.9511612456_I which expires n 01/23/2013, and is not for resale. User Notes: (1632399692) 3 § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Wort as determined by multiplying the percentage completion of each portion of the Work by the s are. the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ct ii percent (tt : a /D) Pending final determination of cost to the Owner of changes in the Work, on immTs not in laispu te `" I shall be included as provided in Section 7.3.9 of AIA Document A201Tm -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and eqi ip ent delivered and suitably stored at the site for subsequent incorporation in the completed con! traction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon !ill writing), less retainage of K'} percent ( it_ }N); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Cer ificate for Pay ment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be rurt ier modif A u ader the following circumstances:...__. -_.... A Add, upon Substantial Completion of the Work, a sum sufficient to increase h @1otaLpaytpeptg to ih_e _ I f full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and l (Section 9, 8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent o sure f 0', if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault df the Contractor, any additional amounts payable in accordance with Section 9.10 3 - AIA Docume A201 -2007. df j 4. i § 5.1.6 Redaction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from f the percentages inserted in Sections 5.1.61 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limilation.) jft § 51.9 Except with the Owners prior approval the Contractor shall not make advance pay ' en to suppliers'for materials of equipment which have not been delivered and stored at the site. t f § 5,2 FINAL PAYMENT t �' § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Su Contractor when m, shall be ad by the O nett to the _. .1 the Contractor has fully performed the Contract except for the Contractor's sponsibility to-correct-- -- - --- . Work as provided in Section 12,2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 512 The Owner's final payment to the Contractor shall be made no later than 30 days aR @� tlta'issuance of the Architects final Certificate for Payment, or as follows ` AIA Document A101m - 2000, COpyright J 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 19711 1977, 1987, 1991, 1997 and 2007 by The Acertcan Institute of Architects. All rights reserved, NAANINC: This ATAa DIshoent Ss protected pyr qh Treaties. Unauthorlred reproduction or distribution of this AIA' Oocwcenq or n U.5. Ce 1 et Ian and international penalties, and will be prosscated to the maximum extent any portion or it, y welt ins very civil and oriental 06/23/2012 under Order V0,9511672456_1 which expires on 01123//2013, eland the not for This draft was produced by AM, software at 10:01:39 on User Notes: - IL6323996921 ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A2O1 -2007, unless die parties appoint below another individual, not a party to this Agreement, to serve as initial Decision Maker, (Ifthe parties mulually agree, insert the name, address and other contact information ofthe Initial Decision Maker, if other than the Architect.) I.- . A X 1 t'- t v `` -1�' 3p'l'•3'ry }4 �, ,y .'i' -�r4� 'r 5 .r,6 r�xF `rod a tj -'1 34 ? t 1 f hf Ik - } M 'i J. e -,_. _ I § 62 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AiA Docu ent A201 -2007, the method of binding dispute resolution shall be as follows: I-- (Check the appropriate hair. If the Owner and Contractor do not select a method of bindinj dis wite resolution below, or do not subsequently agree in writing to a binding dispute resolution method othe thi rn litigatio , 0 aims Will be resolved by litigation in a court ofcompeteni jurisdiction.) Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 (a <». ] Litigation in a court of competent jurisdiction I % J. I Other (Specify) - l ARTICLE 7 TERMINATION OR SUSPENSION t" § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Articl0`1A of AIA'Docum at A201 -2007. ! y, § 7.2 The Work may be suspended b the Owner r P Y as provided in Article 14 of AIA Document A201- 2007.. ARTICLE 8 MISCELLANEOUS PROVISIONS 1! § 81 Where reference is made in this Agreement to a provision of ATA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other Provisions ofthe•Contract Documents. J § 81 Payments due and unpaid under the Contract shall bear interest from the date paymen is ue at the i to §t �`' below, or in the absence thereof, at the legal rate prevailing from time to time at the placehe the Projeft is Insert I rate of agreed upon, if i< 3f %, ..__.__._.. located, ( t1 t I § 8.3 The Owner's representative: (Name, address and other information) I I § 8.4 The Contractor's representative: i....._ - _ _. _. -_t (Name, address and other information) AIA Oocuwant A101= - 2001. Copyright G 1915, 1916, 1925, 1937, 1951, 1956, 1961, L963, 1967, 1414, 1977, 1907. 1991, 1997 and 2007 by The Anerican Institute Of Architects. All rights mae[ved. NuwING: This AIAr eocument ie protected by U.S. Copyright law and International Treaties. Unauthoriaad reproduotlan or distribution of this AIAr Oocvment, or any Portion of it, ,my result in e1v11 and criadnal 5 penalties, and will be proseetad to the maximum extent possible under the lay. This draft was piotluced py AIA software vi land cri 0 06/23/2012 under Order No.9511672456_I which expires on 01/23/2013, and is not for resale. n User Notes: (16323996921 y # a p1 , ?{ 1(_)) e eyF�S� }� {,sfi�"��s *k' § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten ay written notice to the other party._ . _ . ...............- -- _....... -.. __. .6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS (( § 9,1 The Contract Documents, except for Modifications issued after execution of this Agre m0nt, are en me led in the sections below, I § 911 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agr em�nt BetweI Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the -_Qntract Construction. - § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages - {, I § 9.1.4 The Specifications: (F' 7e Specifications here or refer to an exhibit attached to this Agreement.) "I S other list tl zr Section Title Date Pages : - § 9.1,5 The Drawings _. (Either list the Drawings here or refer to at exhibit attached to this Apr eernent) nr Number Title Date § 9.1.6 The Addenda, if any: -- Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documen s u131ess the bidding requirements are also enumerated in this Article 9. }( § 9.1.7 Additional documents, if any, forming part of the Contract Documents: + ! 1 AIA Document E201Th1 -2007, Digital Data Protocol Exhibit, if completed bl the parties, or the following: .._ _ AIA ] oument AI01° - 2007. Copyright n 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 2977, 1981, 1991, 1999 antl 2001 by The Treaties Institute ec Architects. eproducti All rights reserved. NAANING: This AIA' Oouurent 16 Pretacted by U.S. Copyri9ht Law and Tnt.... Lion.I Treaties. Uand will ba reproduction of distribution of thla AIA• Document, Or any portion of it, may re9Ult in severe civil and criminal penalties, end will M p[O.eeuked to "a mexlmvm axtont p9.sible under the law, This draft was produced by AIA software at 10:01:39 On 00/23/2D12 under Order No.9511672456 1 which expires on 01/23/2013, and 1s not for resat.. tsar Notes: 116321996921 .2 Other documents, if any, listed below: (List here any additional documents that are intended inform part of the Contract Documents. AJA Document A201 -2007 provides that bidding requirements such as advertisement or invitalion to bid, Instructions to Bidders, sample forms and the Contractor's bid are not parr f t e Contract Documents unless enumerated in this Agreement. They should ber listed her on ifintended to be part ofthe Contract Documents.) ...... _-. —.. .._.._._._..,.1 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Art cle 11 of AIA Document A201 -2007, (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 19" fAJA Document A201 2007) Type of Insurance or bond Limit of liability or bond amount This Agreement entered into as of the day and year first written above. I- OWNER (Signature) (Printed name and title) j l 1 AIA Mexican Int A101l — 2007. Architects. f. 1915, I91 B, 1925, 1937, 1951, 1958, 1961, 1963, 1961, 19741 1977, 1987, 1991, 1997 and 2007 b Treaties institute xe Architects. All rights reearved. eANN1NO: This AIA' Domunent is protected b U.S- Co Y The Treaties. Unaut9oxired xeDraductlen or distribution 9r this AIA# Document, or a� portion oT it. ma esul t�ingsevere w aentl International penalties, and will be prreapwted to the maNlnrom extent possible under the law. TAIa draft pee y r evil and lminal 08/23/2012 under Order No.9511672956 1 which expires on 01/23/2011, and Sa not fpi resale. produced by AIA software txaro C ]0:01:39 on user Notes: 11632399692) ft I 1 AIA Mexican Int A101l — 2007. Architects. f. 1915, I91 B, 1925, 1937, 1951, 1958, 1961, 1963, 1961, 19741 1977, 1987, 1991, 1997 and 2007 b Treaties institute xe Architects. All rights reearved. eANN1NO: This AIA' Domunent is protected b U.S- Co Y The Treaties. Unaut9oxired xeDraductlen or distribution 9r this AIA# Document, or a� portion oT it. ma esul t�ingsevere w aentl International penalties, and will be prreapwted to the maNlnrom extent possible under the law. TAIa draft pee y r evil and lminal 08/23/2012 under Order No.9511672956 1 which expires on 01/23/2011, and Sa not fpi resale. produced by AIA software txaro C ]0:01:39 on user Notes: 11632399692) ft I AIA Mexican Int A101l — 2007. Architects. f. 1915, I91 B, 1925, 1937, 1951, 1958, 1961, 1963, 1961, 19741 1977, 1987, 1991, 1997 and 2007 b Treaties institute xe Architects. All rights reearved. eANN1NO: This AIA' Domunent is protected b U.S- Co Y The Treaties. Unaut9oxired xeDraductlen or distribution 9r this AIA# Document, or a� portion oT it. ma esul t�ingsevere w aentl International penalties, and will be prreapwted to the maNlnrom extent possible under the law. TAIa draft pee y r evil and lminal 08/23/2012 under Order No.9511672956 1 which expires on 01/23/2011, and Sa not fpi resale. produced by AIA software txaro C ]0:01:39 on user Notes: 11632399692) Franklin County Jail Addition 11022.02 AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA Document A101, 2007 Edition, Standard Form of Agreement between Owner and Contractor will be used as the agreement for this project. Copies of AIA Document A101 are available for review at the offices of the Architect. Copies of the document may be purchased from the American Institute of Architects, PO Box 60; Williston, VT 05495 -0060; 800/365 -2724, or its local distributors. ARTICLE 3: DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 31 These dates will be fixed by issuance of a "Notice of Intent to Award" and a "Notice to Proceed ". 3.3 Liquidated damages will be included as provided in the Supplemental Conditions. ARTICLE 5: PAYMENTS 5.1.6 Retainage will be 5% for work completed and material suitably stored as per the Supplemental Conditions. 5.1.8. No reduction in retainage will be allowed prior to final completion without written approval of the Owner. 5.1.10 A condition will be included forbidding more retainage from a subcontractor or supplier than retained from their portion of the work. ARTICLE 7: TERMINATION OR SUSPENSION Add to both paragraphs 7.1 and 7.2 "as modified by the Supplemental Conditions." ARTICLE 10: INSURANCES AND BONDS Add to Article "Refer to Supplemental Conditions. AGREEMENT BETWEEN OWNER AND CONTRACTOR ABOC -1 AGENDA REPORT NO. 2 FOR: City Council January 8, 2013 TO: Gary Crutchfi d, Manager i FROM: Ahmad QayourAi, 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 151 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 151 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 seeping 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 funds 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. 10(b) ■ U_ Z 3v �- W U +, LLJ z W 1 • t F- U) N LLJ 0 O Q U v a E Q ,y 3AV 1S 4 �� - i i t At �a r °I - `rf SERVICE GATE BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application of CITY OF PASCO, Applicant, Requesting Disbursement from the Grade Crossing Protective Fund . ............................... DOCKET TR- 121780 ORDER 01 I L��• � 3 F Q ?012 Pljkl c V"OaKS No ORDER GRANTING REQUEST FOR DISBURSEMENT FROM THE GRADE CROSSING PROTECTIVE FUND USDOT: 089707D 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 I' Avenue. South I' 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. In 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- 121750 ORDER01 PAGE 2 5 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 0 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. a 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 COMAaSSION 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 I' 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 COIVMSSION 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 ([TIC), P.O. Box 47250, Olympia, Washington 98504 -7250, and the City of Pasco, 525 North 3`a 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 1'` 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 P 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: (Executive Director and Secretary) City of Pasco By: Title: Approved as to form: By: /s/ Assistant Attorney General Date: Date: General Provisions Of the Project Agreement A. Heading and Definitions Section 1. Headings and Definitions .......................................... ...................... ........2 B. Performance and Requirements (General Responsibilities) Section 2. Performance by Grantee ........................................ ..............................2 Section3. Law ......................... .:............................4 Assignment .............................................................. ..............................2 Section 4. Responsibility for Project ......................................... ..............................3 ............................... ....................5 Section 5. Indemnification, ....... 11 ........ 0 ......... 00 ........ I ................. 3 Section 6. Independent Capacity of the Grantee ........................ ..............................3 Section 7. Conflict of Interest ................................................:... ..............................3 Section 8. Construction, Operation, Use and Maintenance ....... ..............................4 Section 21. Section 9. Acknowledgment ...................................................... ..............................4 C. Compliance with Laws, Records, and Inspections Section 10. Compliance with Applicable Law ......................... .:............................4 ..............................6 Section 11. Records Maintenance ...................... ............................... ....................5 Section 12. Right of Inspection .................................................. ..............................5 D. Funding, Reimbursements Section 13. Project Funding ............. Section 14. Project Reimbursements Section 15. Recovery of Payments.. Section 16. Covenant Against Contingent Fees ..................... ..............................6 E. Remedies and Disputes Section 17. Order of Precedence ................................................ ..............................6 Section18. 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..", .................. *..V* ....... ............................................... 8 I Section 26. Governing LawNenue ......:..................................... ..............................8 Section 27. 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. N'UTC— 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 W UTC 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. Itt 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 WUTC 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. Ina 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 MAIN'T'ENANCE 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 duty authorized by WUTC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the three (3) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. SECTION 12. RIGHT OF INSPECTION The grantee shall provide right of access to its facilities to WUTC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. SECTION 13. PROJECT FUNDING A. Additional Amounts. WUTC shall not be obligated to pay any amount beyond the dollar amount as identified in this agreement, unless an additional amount has been approved in advance by WUTC or the Secretary and incorporated by written amendment into this agreement. B. Before the agreement. No expenditure made, or obligation incurred, by the grantee before the effective date of this agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by WUTC policy. The dollar amounts identified in this agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the WUTC may have under this agreement, the amounts identified in this agreement shall be reduced to exclude any such expenditure from participation. Grade Crossing Protective Fund Grant — General Provisions (Rev. 8/9/10) Page 5 of 9 SECTION 14. PROJECT REIMBURSEMENTS 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 WIJTC; 4. final amendments have been processed; and 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 W VTC'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. TERNIINATION 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 LawNenue 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 parry or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. SECTION 27. SEVERABILITY The provisions of this agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. Grade Crossing Protective Fund Grant — General Provisions (Rev. 8/9/10) Page 9 of 9