HomeMy WebLinkAbout2013.02.04 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. February 4, 2013
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 22, 2013.
(b) Bills and
Communications:
(A
detailed listing of claims is available for review in the Finance
Manager's
office.)
1. To approve General Claims in the amount of $202,555.69 ($202,555.69 in the form of Wire
Transfer No. 1285; and Claim Warrants numbered 191339 through 191408). (2012
EXPENSES)
2. To approve General Claims in the amount of $615,208.10 ($110,665.00 in the form of
Electronic Fund Transfer Nos. 13570 and 13672; and $504,543.10 in the form of Wire
Transfer Nos. 1286, 1287, 1289 and 1290; and Claim Warrants numbered 191322 through
191338, and 191409 through 191526). (2013 EXPENSES)
3. To approve Payroll Claims in the amount of $2,154,092.30, Voucher Nos. 45166 through
45228 and 80230 through 80239; and EFT Deposit Nos. 30056933 through 30057490.
(c) Process Water Treatment System Optimization Phase HI:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 23, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Work.
4. Processor Approval Letter 1 — Resets Fine Foods.
5. Processor Approval Letter 2 — Pasco Processing, LLC.
6. Processor Approval Letter 3 — Bybee Foods.
7. Processor Approval Letter 4 — Twin City Foods.
To approve the Professional Services Agreement with CES, authorizing professional services
with respect to Phase III of the Process Water Treatment System Optimization project in the
amount of $129,000 and, further, authorize the Mayor to sign the agreement.
(d) Agreement with Franklin County Historical Society:
1. Agenda Report from Gary Crutchfield, City Manager dated January 22, 2013.
2. Letter from Paul Whitemarsh, Historical Society President.
3. Proposed Agreement.
To approve the proposed agreement with the Franklin County Historical Society and, further,
authorize the Mayor to sign the agreement.
(e) Resolution No. 3455, a Resolution rescinding Resolution No. 3383 Awarding 2011 HOME
CHDO Set -Aside Funds.
1. Agenda Report from Angie Pitman, Block Grant Administrator dated January 31, 2013.
2. Resolution Rescinding 2011 CHDO Set -Aside Funds.
To approve Resolution No. 3455, Rescinding Resolution No. 3383 Awarding 2011 CHDO Set -
Aside Funds.
(f) Resolution No. 3456, a Resolution adopting the ADA Sidewalk Transition Plan.
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated January 24, 2013.
2. Resolution.
3. ADA Sidewalk Transition Plan.
To approve Resolution No. 3456, adopting the ADA Sidewalk Transition Plan.
Regular Meeting 2 February 4, 2013
*(g) Resolution No. 3457, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of Washington Street.
1. Agenda Report from Dave McDonald, City Planner dated January 30, 2013.
2. Overview Map.
3. Vicinity Map.
4. Proposed Resolution.
5. Vacation Petition.
To approve Resolution No. 3457, setting 7:00 p.m., Monday, March 4, 2013 as the time and date
to conduct a public hearing to consider vacating Washington Street adjacent to Block 18,
Riverside Addition.
(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:
(None)
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 property located in Block 2 and 3, Whitehouse Addition from R -1 (Low Density
Residential) and C -1 (Retail Commercial) to R -3 (Medium - Density Residential) with a
Concomitant Agreement.
1. Agenda Report from Dave McDonald, City Planner dated January 29, 2013.
2. Vicinity Map.
3. Proposed Ordinance with Revised Concomitant Agreement.
4. Diagram Illustrating Vaned Building Heights and Setbacks.
MOTION: 1 move to adopt Ordinance No. rezoning the property from R -1 and C -1 to R-
3 with a concomitant agreement and, further, to authorize publication by summary only.
(b) Resolution No. a Resolution authorizing acquisition and disposal of certain vehicles in
relation to emergency services.
1. Agenda Report from Bob Metzger, Chief of Police dated January 28, 2013.
2. Trade in Agreement, Meridian Specialty Vehicles.
3. Emergency Management Agreement.
4. Resolution.
MOTION: I move to approve Resolution No. authorizing acquisition and disposal of
certain vehicles in relation to emergency services.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Bid Award: PWRF Optimization, Phases 1 & 2, Project No. C7- SR- 1A- 12 -01:
1. Agenda Report from Mike Pawlak, City Engineer dated January 29, 2013.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the PWRF Optimization, Phases 1 & 2 Project to
Culbert Construction, Inc., in the amount of $2,072,312.61, including applicable sales tax and,
further, authorize the Mayor to sign the contract documents.
Regular Meeting 3 February 4, 2013
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
1. 1:30 p.m., Monday, February 4, KGH — Emergency Medical Services Board Meeting.,
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, February 6, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
3. 5:30 p.m., Thursday, February 7, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL JANUARY 22, 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, Saul
Martinez, Matt Watkins and Al Yenney. Excused: Tom Larsen.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief; Mike Pawlak, City
Engineer and Teresa Reed - Jennings, Senior Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated January 7, 2013.
(b) Bills and Communications:
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)
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, 133229 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)
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):
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:
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:
To approve the Interlocal Agreement with the City of Mesa for Municipal Court Services
and, further, authorize the Mayor to sign the documents.
(f) Resolution No. 3453, a Resolution accepting work performed by Carpenter
Drilling under contract for the Linda Loviisa Well Construction, Project No. C7-
WX- 111- 12 -021
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 22, 2013
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.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. John Bykonen, 931 W. Margaret St, informed Council about loose dogs, including
pit bulls, in his neighborhood and discussed tagging and the City's graffiti abatement
program.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Garrison reported on the Hanford Communities Governing Board meeting.
Mr. Martinez attended a Tri Cities Regional Public Facilities District Committee meeting
and noted the full Board will meet at 5:30 p.m. Wednesday at the Richland Public
Library.
Mayor Watkins attended the Franklin County Emergency Management Council meeting
and participated in the Polar Plunge for Special Olympics.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
School District Bond Proposition.
Mr. Crutchfield explained the details of the bond proposal.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE BOND
PROPOSITION.
Mr. Mike Miller and Ms. Jean Rykman, representing Pasco Citizens for Better
Schools, explained the details of the bond proposal.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS
DECLARED THE PUBLIC HEARING CLOSED.
Council discussed the bond proposal.
Resolution No. 3454, a Resolution regarding the February 2013 bond election of the
Pasco School District,
MOTION: Ms. Francik moved to approve Resolution No. 3454, regarding the February
2013 bond election of the Pasco School District. Mr. Martinez seconded. Motion carried
5 -1. No - Hoffmann.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4094, 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.
Council and staff discussed the proposed rezone.
MOTION: Ms. Francik moved to adopt Ordinance No. 4094, rezoning property located
north of Court Street and west of 26th Avenue from BP to C -3 with a concomitant
agreement and, further, authorize publication by summary only. Mr. Garrison seconded.
Motion carried unanimously.
REGULAR MEETING
NEW BUSINESS:
MINUTES
PASCO CITY COUNCIL JANUARY 22, 2013
Construction Bids /Contract Municipal Court:
Mr. Strebel explained the details of the proposed contract.
MOTION: Ms. Francik moved 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. Mr. Garrison
seconded. Motion carried unanimously.
"A" Street Railroad Crossing UTC Grant:
MOTION: Ms. Francik moved to table this item to a future meeting for staff to clarify
details of the traffic flow. Mr. Yenney seconded. Motion carried unanimously.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:01 p.m. for approximately 15 minutes to
review the performance of a city employee.
Mayor Watkins called the meeting back to order at 8:18 p.m.
MOTION: Ms. Francik moved to approve a $12,000 merit award for Mr. Crutchfield in
recognition of his consistent performance and forward thinking relating to financial
matters. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes —
Watkins, Francik, Garrison, Martinez. No — Yenney, Hoffmann,
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:27 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 4`" day of February, 2013.
2012 EXP
CITY OF PASCO
Council Meeting of: February 4, 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
se rendered or t labor performed as described herein and that the claim is a just, due and unpaid
ry 71ligation aqdl�nstllle city and that we are authorized to authenticate and certify to said claim.
`14Q
Duny a Mas n, Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 4 day of February, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 191339- 191408 In The Amount Of: $ 202,555.69
Electronic Funds Transfers: 1285
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 $202,555.69
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
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
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
MEDICAL/DENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
J rs,
77,171.42
5.98
2,749.09
0.00
1,220.92
0.00
0.00
0.00
112.38
1,314.11
0.00
0.00
0.00
18,763.88
20,986.42
931.47
38.61
0.00
0.00
0.00
0.00
0.00
0.00
0.00
49,905.00
$ 202,555.69
3(b).1
2013 EXP
CITY OF PASCO
Council Meeting of: February 4, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
1 rendered or theJabor performed as described herein and that the claim is a just, due and unpaid
iligation a ' s( the ity and that we are authorized to authenticate and certify to said claim.
i
unyele Maso , Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 4 day of February, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and 191322 - 191338 In The Amount Of: $ 504,543.10
Electronic Funds Transfers: 191409- 191526
1286,1287,1289,1290
In The Amount Of: $ 110,665.00
Electronic Funds Transfers: 13570, 13672
(Journal Entries) Combined total of $615,208.10
Councilmember
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
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
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
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:
.•r 60.
4,010.64
2,004.84
73,821.50
9,199.94
64,169.59
429.43
736.64
82,604.97
839.92
238,607.47
9,583.70
0.00
0.00
1,157.60
12,340.28
0.00
1,835.97
0.00
117.19
9,521.59
40.14
50,094.81
0.00
$ 615,208.10
3(b).2
Januar
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
Council Meeting of'.
February 4, 2013
claims against the City of Pasco for the month of
or your review and approval.
Ric Te wa dministra' e & Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 45166 through 45228 and 80230 through 80239 and EFT deposit
No's. 30056933 through 30057490 and City contributions in the aggregate amount of $2,154,092.30 are
approved for payment on this 4th day of February 2013.
Councilmember
GENERALFUND
Councilmember
SUMMARY OF PAYROLL BY FUND
Legislative $ 8,012.34
Judicial 86,369.41
Executive 71,437.88
Police 647,685.91
Fire 302,494.54
Administrative & Community Services 242,511.68
Community Development 92,100.61
Engineering 99,866.05
TOTAL GENERAL FUND 1,550,478.42
CITY STREET
47,750.14
BLOCK GRANT
61174.84
HOME CONSORTIUM
790.11
NSP
12691.43
MARTIN LUTHER KING CENTER
7,481.47
AMBULANCE SERVICE FUND
173,398.01
CEMETERY
9,197.95
ATHLETIC FUND
3,222.86
SENIOR CENTER
13,698.53
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER /SEWER
304,159.67
EQUIPMENT RENTAL - OPERATING
29,194.95
OLD FIRE PENSION FUND
61853.92
GRAND TOTAL ALL FUNDS
$ 2,154,092.30
Payroll Summary
Net Payroll 936,441.06
Employee Deductions 624,208.79
Gross Payroll 1,560,649.85
City of Pasco Contributions 593,442.45 3(b)n3
Total Payroll $ 2,154,092.30
AGENDA REPORT NO. 07
FOR: City Council
TO: Gary Crutchfield; Ci`I anager
v
FROM: Ahmad Qayoumi, Public Works Director
SUBJECT: Process Water Treatment System Optimization Phase III
I. REFERENCE(S):
1. Vicinity Map
2. Professional Servic(
3. Processor Approval
4. Processor Approval
5. Processor Approval
6. Processor Approval
s Agreement with Scope of Work
Letter 1 — Resers Fine Foods
Letter 2 — Pasco Processing, LLC
Letter 3 — Bybee Foods
Letter 4 — Twin City Foods
January 23, 2013
Workshop Mtg.: 1/28/13
Regular Mtg.: 2/04/13
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/28: Discussion
2/04: MOTION: I move to approve the Professional Services Agreement with CES
authorizing professional services with respect to Phase III of the
Process Water Treatment System Optimization project in the
amount of $129,000, and further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City treats and re -uses the process water generated by the Pasco processing
center during vegetable processing by applying it to agricultural crops grown on the
City's farm circles. The agronomic capacity of the land dictates the maximum
process water volume that can be delivered from the processing center to the City for
treatment and reuse. Without additional land or other change, the City cannot
accommodate a new processor, nor expansion of existing processors.
B) In Fall of 2011, CES completed the optimization plan that included improvement
plans divided into four phases. Phase I & II included improvements to remove some
of the BOD and Grit and Sedimentation, that were causing reduction in ergonomic
capacity. Phase I & II have been designed and was bid in Summer 2012, however the
bids were rejected since the bids were significantly higher than the engineers
estimate. Staff and CES completed value engineering of Phase I and II and the
project is out to bid for bid opening in end of January 2013.
C) Staff employed the services of CES to design Phase III of the improvements as
outlined in the optimization study.
V. DISCUSSION:
A) Staff proposes to complete Phase III Design that will include the following.
• Further reduction in BOD concentration allowing for longer storage time
• Reduce hydraulic loading to the entire system in early spring and late fall
• Increase the percentage of process water that can be used as part of total
irrigation by using it instead of a portion of the fresh groundwater later in the
season
• Improve soil conditions in spring during crop emergence
• Reduce the odor potential in the spring
• Reduce aerator operation whereby reducing power costs
• Reduce organic matter reducing the volume of biosolids produced in the
storage pond
• Increase process water delivery capability
• Increased storage volume
B) The improvements will create additional capacity for additional loading or additional
reuse water.
C) In November of 2012 staff met with the food processors who agreed to proceed with
the design and improvements as proposed (see attached).
3(c)
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City ", and Cascade Earth Sciences (CES) hereinafter referred to as the
"Consultant ".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide Professional Design Services with respect to the Process Water
Treatment System Optimization Phase III, 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:
11 Scope of work. The scope of work shall include all services and material necessary to
accomplish the above mentioned objectives in accordance with Exhibit A.
2. Ownership and use of documents.
A. The parties acknowledge that this Agreement shall be governed by RCW Chapter
42.56 and any other State or Federal law relating to confidentiality, intellectual
properties, and public disclosure. The parties shall make a good faith effort to
comply with such laws, and to the fullest extent allowed by law, comply with the
provisions of this section.
B. All research, tests, surveys, preliminary data and any and all other work product
prepared or gathered by the Consultant in preparation for the services rendered
shall not be considered public records, provided, however, that:
(1) All final reports, presentations and testimony prepared by Consultant shall
become the property of the City upon their presentation to and acceptance
by the City and shall at that date become public records.
(2) The
City shall
have the right, upon reasonable
request, to inspect, review
and,
subject
to
the approval of Consultant, copy
any work product.
(3)
In the
event that Consultant shall
default on
this Agreement, or in the
event
that this Agreement shall be
terminated
prior to its completion as
herein provided, the work product of Consultant, along with a summary of
work done to date of default or termination, shall become the property of
the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of
work done shall be prepared at no additional cost, if the Agreement is
terminated through default by Consultant. If the Agreement is terminated
CES Professional Services Agreement - 1
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of work done.
(4) Consultant shall maintain all documents associated with work performed
under this Agreement for a minimum period of three (3) years after
completion of the work. This provision shall survive termination of this
Agreement.
(5) Consultant shall respond to requests by the City for records within five (5)
business days by either providing the records, or by identifying in writing
that additional time is necessary to provide the records with a description
of the reasons why additional time is needed. Records shall be provided to
the City within twenty (20) days of the date of the request. Provisions of
Section 5 in this Agreement shall specifically apply to any claim arising
out of Consultant's failure to properly maintain or timely produce records
as described herein and as otherwise required by law.
3. Payments. The Consultant shall be paid by the City for completed work for services
rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on a
lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in
no event shall the payment for all work performed pursuant to this Agreement
exceed the sum of $129,000, without approval from the City.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate
amount for each voucher to the Consultant. The Consultant may submit vouchers
to the City monthly during the progress of the work for payment of completed
phases of the project. Billings shall be reviewed in conjunction with the City's
warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3)
years after final payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and before December 31, 2013,
5. Hold harmless agreement. In performing the work under this Agreement, the
Consultant agrees to defend the City, their officers, agents, servants and employees
(hereinafter individually and collectively referred to as "Indemnitees "), from all suits,
claims, demands, actions or proceedings, and to the extent permissible by law, indemnify
and hold harmless the Indemnitees from:
CES Professional Services Agreement - 2
A. All damages or liability of any character including in part costs, expenses and
attorney fees, based upon, any negligent act, error, or omission of Consultant or
any person or organization for whom the Consultant may be responsible, and
arising out of the performance of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever
nature, including in part, court costs and attorney fees, based upon, or alleged to
be based upon, any act, omission, or occurrence of the Consultant or any person
or organization for whom the Consultant may be responsible, arising out of, in
connection with, resulting from or caused by the performance or failure of
performance of any work or services under this Agreement, or from conditions
created by the Consultant performance or non - performance of said work or
service.
6. General and professional liability insurance. Consultant shall secure and maintain in
full force and effect during the performance of all work pursuant to this Agreement a
policy of comprehensive general liability insurance providing coverage of at least
$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per
occurrence and $2,000,000 aggregate for property damage; errors and omissions
insurance in the amount of $1,000,000; and automobile insurance as required by law.
Each such insurance policy shall name the city as an additional insured. The Consultant
agrees to provide thirty (30) days written notice to the City if the policies are cancelled
for any reason. The City shall be named as a certificate holder on each insurance policy.
Certificates of coverage shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any employee or
applicant for employment because of race, color, religion, age, sex, national origin or
physical handicap.
S. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or
representative of the City for any purpose. Consultant shall be solely responsible for all
acts of its agents, employees, representatives and subcontractor during the performance
of this Agreement. Consultant shall make no claims for benefits for employment against
the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits. Consultant shall comply with all State and Federal laws
including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195.
91 City approval. Notwithstanding the Consultant's status as an independent contractor,
results of the work performed pursuant to this Agreement must meet the approval of the
City.
CES Professional Services Agreement - 3
10. Termination. This being an Agreement for professional services, either party may
terminate this Agreement for any reason upon giving the other party written notice of
such termination no fewer than ten (10) days in advance of the effective date of said
termination.
11. Integration. The Agreement between the parties shall consist of this document and any
schedules or exhibits listed in this agreement and attached hereto. These writings
constitute the entire Agreement of the parties and shall not be amended except by a
writing executed by both parties. In the event of any conflict between this written
Agreement and any provision of Exhibit A, this Agreement shall control.
12. Non - waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
13. Non - assignable.
The services to
be provided by
the Consultant
shall not be assigned or
subcontracted without the express
written consent
of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award of making of this Agreement.
For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence. In the
event a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In
the event the dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the
laws of the State of Washington shall apply; and the prevailing party shall be entitled to
its reasonable attorney fees and cost.
In the event any provision of this Agreement is deemed to be unenforceable, the other
provisions of the Agreement shall remain in full force and effect.
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco, WA 99301
CES Professional Services Agreement - 4
By:
Notices to the Consultant shall be sent to the following address:
Cascade Earth Sciences
12720 E. Nora Ave., Ste. A
Spokane, WA 99216
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.
rtir ry_r.l��r�vc��
CITY OF PASCO
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
CES Professional Services Agreement - 5
20
CK17�6Y11 N 1I \►`Y 1A
By:
Steven L. Venner, CPAg
Managing Soil Scientist
Exhibit A
Ahmad Qayoumi
Director of Public Works
City of Pasco
PO Box 293
525 N. Third Avenue
Pasco, WA 99301
SUBJECT: Proposal/Scope of Work for the Process Water Treatment System Optimization
and Capital Improvement Plan - Phase 3
Dear Mr. Qayoumi:
Cascade Earth Sciences (CES) is pleased to submit this proposal for the design of Phase 3 of the
Process Water Treatment System Optimization and Capital Improvement Plan.
Background
The City of Pasco (City) treats and reuses the process water produced by the Pasco Processing
Center from vegetable processing by applying it to agricultural crops grown on the City's land
treatment fields. The current treatment capability of the system is limited to the gross
agronomic capacity of the soils and annual crop rotation. In an effort to optimize and increase
the treatment capacity of the system, the City investigated the influence that process water pre-
treatment and improved farm management techniques would have on its capacity.
CES conducted a comprehensive inspection of the system from process water source to
irrigation field with a team of specialists in engineering, agronomy, irrigation design, and
operations. While the results of this assessment confirmed that the fields were essentially at
their agronomic capacity, several strategies were identified whereby the City would be able to
increase the overall capacity of the treatment system by using specific operational changes and
making several capital improvements.
CES developed a Process Water Treatment System Optimization and Capital Improvement Plan
consisting of four phases to attain the strategies and increased agronomic capacity.
Phase 1: Improvements include fine screening and implementation of improved field
monitoring and management. The benefits of Phase 1 include:
• Reduce nozzle abrasion - expanding irrigation system life
• Prevent irrigation nozzle plugging
• Increase agronomic nitrogen capacity
• Increase process water delivery capability
CES
Cascade Earth Sciences
A vakwmt V COMPANY
Conserving
Resources.
Improving Life,
12720 E. Nora Ave.,
Ste. A
Ph: 509.921.0290
Spokane, WA
99216
Fax: 509.921.1788
January 15, 2013
Ahmad Qayoumi
Director of Public Works
City of Pasco
PO Box 293
525 N. Third Avenue
Pasco, WA 99301
SUBJECT: Proposal/Scope of Work for the Process Water Treatment System Optimization
and Capital Improvement Plan - Phase 3
Dear Mr. Qayoumi:
Cascade Earth Sciences (CES) is pleased to submit this proposal for the design of Phase 3 of the
Process Water Treatment System Optimization and Capital Improvement Plan.
Background
The City of Pasco (City) treats and reuses the process water produced by the Pasco Processing
Center from vegetable processing by applying it to agricultural crops grown on the City's land
treatment fields. The current treatment capability of the system is limited to the gross
agronomic capacity of the soils and annual crop rotation. In an effort to optimize and increase
the treatment capacity of the system, the City investigated the influence that process water pre-
treatment and improved farm management techniques would have on its capacity.
CES conducted a comprehensive inspection of the system from process water source to
irrigation field with a team of specialists in engineering, agronomy, irrigation design, and
operations. While the results of this assessment confirmed that the fields were essentially at
their agronomic capacity, several strategies were identified whereby the City would be able to
increase the overall capacity of the treatment system by using specific operational changes and
making several capital improvements.
CES developed a Process Water Treatment System Optimization and Capital Improvement Plan
consisting of four phases to attain the strategies and increased agronomic capacity.
Phase 1: Improvements include fine screening and implementation of improved field
monitoring and management. The benefits of Phase 1 include:
• Reduce nozzle abrasion - expanding irrigation system life
• Prevent irrigation nozzle plugging
• Increase agronomic nitrogen capacity
• Increase process water delivery capability
Mr. Abroad Qayoumi - City of Pasco
Process Water Treatment System
Optimization and Improvement Plan - Phase 3
January 15, 2013
Page 2
CES
Phase 2: Improvements include sediment removal and surface (skim) removal of fats, oil, and
grease (FOG). The benefits of Phase 2 include:
• Improve overall process water quality for irrigation use
• Reduce biochemical oxygen demand (BOD) concentrations
• Increase agronomic nitrogen capacity
• Increase process water delivery capability
Phase 3: This phase includes the construction of an Advanced Facultative Pond (AFP) to
provide further BOD reduction and additional storage capacity. The benefits of Phase 3
include:
• Further reduction in BOD concentrations allowing for longer storage time
• Reduce hydraulic loading to the entire system in early spring and late fall
• Increase the percentage of process water that can be used as part of total irrigation by
using it instead of a portion of the fresh groundwater later in the season
• Improve soil conditions in spring during crop emergence
• Reduce the odor potential in the spring
• Reduce aerator operation whereby reducing power costs
• Reduce organic matter reducing the volume of biosolids produced in the storage pond
• Increase process water delivery capability
• Increased storage volume
By implementing these upgrades and improvements, the current land treatment fields will be
operated at their optimum level. Further increases in system capacity will come from
expanding the total land base, which is considered Phase 4. The benefits of Phase 4 include:
• Increase agronomic nitrogen capacity
• Increase process water delivery capability
Schedule
The Process Water Treatment System Optimization and Capital Improvement Plan was
completed in 2011. The engineering and design of Phase 1 (Screening) and Phase 2
(Sedimentation) was completed during 2012 and construction is planned for 2013. The
engineering and design of Phase 3 (BOD Reduction and Additional Storage) is scheduled for
early 2013 to meet a construction scheduled for late 2013 or early 2014. The water quality
improvements with Phases 1, 2, and 3 will allow consideration of Phase 4 planning for the 2014
crop growing season.
Funding
The Process Water Treatment System Optimization and Capital Improvement Plan project cost
will be covered through a debt service plan recently approved by the Food Processors who use
the treatment system. The Food Processors have agreed to move the project forward.
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System
Optimization and Improvement Plan - Phase 3
January 15, 2013
Page 3
CES
Objectives
This proposal is for the engineering design services for Phase 3, the design of the AFP, as
described in the Process Water Treatment System Optimization and Capital Improvement Plan.
This proposal has been prepared to provide a scope of work and cost estimate to:
1. Engineer and Design the AFP
2. Provide Construction Bid Support Services
3. Provide Regulatory Support Services
4. Perform judicious project management in collaboration with the City
Scope of Work
Task 1 Design Basis Memorandum
CES will prepare a design basis memorandum to reflect Tasks 2 and 3 below. For the outer
pond area, it will document the purpose, general use strategies, storage capacity, storage
timing, and flow relations with the facultative pits. For the facultative pits, it will document the
projected process water quantity and quality to be treated, expected water quality output, and
the expected operating conditions and restrictions.
The design basis memorandum will be carefully reviewed and approved in writing by the City
before substantial design work is completed. Once the design basis is approved, no substantive
changes will be made to the design basis without written approval by the City. If during
design, the design basis needs to be changed, CES will stop work until a revised design basis
memorandum has been prepared and subsequently approved in writing by the City.
Task 2 Engineer and Design of Outer Pond Area
CES will engineer and design the outer AFP area surrounding and containing the facultative
pits. The purpose of the outer pond area is to store the treated process water flowing out of the
facultative pits and to provide new additional storage capacity.
The current embankments that will serve as the perimeter of the AFP must be tested to confirm
proper structural integrity for the intended purpose. The survey and geotechnical information
produced for design of Phases 1 and 2 will be used to the extent possible, but additional
geotechnical work will be required that specifically focuses on the needs of Phase 3.
Task 3 Engineer and Design of Facultative Pits
CES will engineer and design the facultative pits that are located within, and are part of, the
AFP. An AFP, as the name implies, is an engineered facultative pond where the two main
treatment processes, aerobic and anaerobic, are enhanced for better performance. In the AFP,
sedimentation and methane fermentation occurs in pits specially constructed to avoid the
intrusion of dissolved oxygen. The purpose of facultative pits is to remove a large portion of
the BOD using passive processes. Screened and settled process water is introduced near the
bottom of these pits and, since they are deep, most of the remaining settleable solids remain
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System
Optimization and Improvement Plan - Phase 3
January 15, 2013
Page 4
CES
within the pits. The gas bubbles that form will lift some biosolids, but as these rise, the bubbles
expand and break away leaving the solids to resettle. The result is that solids, with their
adhering bacteria, rise and fall within the pits creating an anaerobic biosolids blanket through
which all of the process water must flow. When properly designed, biosolids fermentation is
sufficiently complete that routine biosolids removal and disposal handling is eliminated. A
well - designed AFP will remove more than half of the influent BOD and virtually all of the
original suspended solids, without chemicals, aeration or any moving parts.
Deliverables:
CES will deliver the AFP design basis memorandum described in Task 1 for review and
approval by the City. The conceptual design drawings described in the Process Water
Treatment System Optimization and Capital Improvement Plan will be reviewed with the City
at this time to aid in a comprehensive understanding of the AFP plan.
CES will develop construction plans showing: footprint and profiles of the new structure,
connection details to existing and future facilities (Phases 1 and 2), grading plans, civil
construction details, equipment installation locations, call-outs and details, yard piping,
mechanical details, electrical line diagrams, controls, process flow diagrams, and hydraulic
grade lines. The plans and technical specifications will be acceptable quality for regulatory
submittal and to allow construction by a qualified contractor.
CES will deliver construction drawings and meet with the City to review at 50% and 85%
complete design. Any requested changes will be carefully documented. Any change that
may have a substantial impact on the estimated construction cost will be discussed in detail,
and a budget impact analysis conducted and presented to the City for approval. CES will
provide an engineer's opinion of probable cost at both the 50% and 85% complete design
stages.
CES will publish the 100% complete design drawings and technical specifications in electronic
format (PDF).
Task 4 Bid Document Preparation
CES will assist the City in preparing the construction bid documents including: invitation to
bidders, bid form, contract, general condition specifications, special condition specifications,
plans, and technical specifications. We will also attend the prebid meeting, assist the City in
responding to bidder requests for information, and provide advice on bidder selection.
Task 5 Regulatory Support Services
CES will submit the plans and technical specification to the Washington Department of Ecology
(Ecology) for their review and approval. We will join the City in a meeting with Ecology to
review the plans in detail. This will be similar to what we did with Phases 1 and 2, which was
of great benefit to Ecology's understanding and ability to quickly and efficiently respond in a
positive fashion. We will respond and address Ecology comments.
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System
Optimization and Improvement Plan - Phase 3
January 15, 2013
Page 5
Task 6 Project Management
CES
CES will meet with the City to ascertain the City's project management expectations and
requirements. Pending City approval, CES proposes to provide one detailed project update
letter each month and to meet with the City over the phone at their convenience to review it and
help ensure a thorough understanding of the project status. This update will include detailed
information on work completed, projected work, and the budget. A summary budget status
report will also be submitted with each monthly invoice.
Project Cost
Total Cost: $129,100.00
CES will honor the quoted cost estimate for ninety (90) days from the date of this estimate and
thereafter reserves the right to make any necessary modifications.
Assumptions
Assumptions have been used to prepare the proposed scope of work and cost estimate. Should
differences from these assumptions be required or encountered, CES will discuss the project
cost implications with the City.
• An AFP is technologically feasible for the conditions and available land.
• The current embankments that will be used as part of the AFP are structurally sound for
its purpose.
• The pre - construction meeting will be part of the construction management and
inspection services under additional authorization.
• Pilot testing of the potential treatment steps may be recommended to confirm actual
performance with existing water quality and site conditions. The cost to conduct the
pilot testing is not included in the scope of work.
• One flight and overnight trip to view an operating AFP is anticipated.
Schedule
CES is prepared to begin work immediately upon authorization. The target date for completion
of the engineering and design of Phase 3 is mid- summer 2013. Another schedule will be
developed, if requested by the City.
Quality
CES is committed to providing quality products and services that consistently meet or exceed
our clients' expectations.
Safety
CES is committed to its safety mission: "A passion for world -class safety: excellence in
execution, employee commitment, innovation, exceptional communications... globally." CES
Mr. Ahmad Qayounu - City of Pasco
Process Water Treatment System
Optimization and Improvement Plan - Phase 3
January 15, 2013
Page 6
CES
employees will apply the principles of this mission to ensure that safety is a priority for the
duration of the project and for everyone involved in its completion.
Compensation
The attached cost estimate is not a lump sum. Total estimated costs are based on available
information used to develop the scope of work and are a "good faith" estimate of charges that
will not be exceeded without additional authorization by the City. Actual billings will be based
on a time and materials basis per the Schedule of Fees attached. CES reserves the right to
change our Schedule of Fees on a yearly basis to reflect inflation and any increase in the cost of
conducting business. Project related outside services and other direct expenses, as well as the
markup associated with these items, are included in the overall cost of the project. If variables
unknown at this time become apparent during the course of performing the services outlined
and it is shown that additional staff time, materials, testing, etc. will be required; CES will
suspend work until a revised Work Authorization has been signed by the City authorizing CES
to proceed. The cost quotes contained in this proposal do not include sales or other applicable
taxes. If it is determined that taxes are required, they will be in addition to cost quotes
provided. All invoices net 30 days, 18% per annum.
Terms and Conditions
All work under this authorization shall be in accordance with the City of Pasco Professional
Service Agreement provided by the City to CES. Work will commence upon receipt of this
signed document, or a City of Pasco Purchase Order listing CES proposal number P201323003
for the amount of $129,100.00 at our Spokane field office. Please retain the copy of this
proposal, with attached CES Schedule of Fees, for your files.
Thank you for the opportunity to propose this scope of work and cost estimate. Please contact
me at (509) 921 -0290 if you have any questions or comments. We look forward to working with
you.
Sincerely,
CASCADE EARTH SCIENCES
A*4U�
Steven L. Venner, CPAg
Managing Scientist H
SLV /sjr
Enc: Schedule of Fees
PPN: P201323003
Doc: P201323003 Pasco Phase 3.docx
Mr. Ahmad Qayoumi - City of Pasco ���
Process Water Treatment System
Optimization and Improvement Plan - Phase 3
January 15, 2013
Page 7
Authorization for CES to Provide Services
CES is authorized to provide the services outlined for the estimated cost of $129,100.00.
I understand this is an estimate of the project costs and that the estimate will not be exceeded
without additional authorization. I also understand the scope of work, compensation, and
terms and conditions provided in the proposal.
Reviewed and
Authorized By:
Signature Date
Name/Title of Signer (please print or type)
Company (if other than Client)
We have several invoicing options available. If you have special invoicing needs, please contact
Dawn Nelson at (541) 812 -6617 or dawnnelson @cascade - earth.com. If you would prefer to
have us contact someone in your organization, please feel free to provide their contact infor-
mation below:
CES
Cascade Earth Sciences
A vaknont V COMPANY
SCHEDULE OF FEES
Professional Services*
• Administrative Support / Field Technician
• Administrative Coordinator
• Technician / Drafter / Technical Editor
• Technician II / Engineering Designer
• Environmental Scientist
• Staff
• Staff II
• Project
• Project II
• Senior
• Senior II
• Managing
• Managing II
• Principal
• Expert testimony Q 150% of the above rates
$56 /hour
$68 /hour
$77 /hour
$83 /hour
$88 /hour
$91 /hour
$98 /hour
$105 /hour
$113 /hour
$124 /hour
$131 /hour
$142 /hour
$153 /hour
$183 /hour
*Professional staff
including
soil scientists, hydrologists,
geologists,
engineers, biologists, and contract
administrators
Reimbursables
Expenses associated with the performance of services, including but not limited to:
• CES -owned equipment, meals and lodging, and project materials as proposed
• Mileage Q $0.60 /mile ($0.70 for/2-ton vehicle or larger)
Outside Services
Subcontracted services and equipment rental as proposed.
Taxes
Sales and other applicable taxes will be charged when necessary to meet tax requirements.
Payment
Invoices are to be paid within 30 days from date of invoice.
Interest on late payments Q 18% per annum.
Processor Approval Letter 1
YUI3I..IC WORKS DEPARTMENT (509) 543 -5738 / FAX (509) 543 -5737
1GO r P-0 Ro% 29102; Nonh 3" lcenuel Pasco_ W:i>hitrgtun 9u30 l Nc posco-
November 30, 2012
Rob Wiskerchen
Resers Fine Foods
5310 N. Industrial
Pasco, WA 99301
RE: Process waste water capacity
Dear Rob:
Thank you for taking the time and meeting with myself and Reuel Klempel on November 30, 2012 to
discuss process waste water capacity. During this meeting, we went over updates that have occurred
since the last time we met earlier this year. We discussed the progress of the optimization study,
concentrating on the purpose of the study which is to design agronomic capacity to treat the waste water.
We determined that obtaining additional farm land is cost prohibitive; therefore the recommendation is to
stake additional capacity improvements to the existing system to meet permit requirements issued by the
Department of Ecology.
Approximately a year ago, we met and discussed all phases of the proposed improvements. You
authorized approval to move forward with design of Phase I and Phase 11. The City contracted with
CES. During design efTorts, CES collected additional samples of waste water from your facility, and
found that the concentration of B.O.D. was much higher than anticipated. Additional design
considerations increased the cost of construction.
The City accepted bids on Phase I and Phase Il in early 2011. The bids received were significantly
higher than our engineer`s estimate, therefore all bids were rejected. We used "value engineering" to
reduce overall costs and shared them at the meeting. There is enough data to confirm design and
construction of Phase III is necessary to increase additional capacity. Additionally, we discussed the
estimates for Phase 1, Phase II -A and Phase III. Based on lower interest rates, we have costs that are
similar to what we quoted originally for a 10 -year debt schedule.
At the conclusion of our meeting you gave the City approval to move forward with the bidding of Phase I
and Phase 2 -A in December 2012 with construction to be completed by approximately July 2013.
Bidding for Phase 3 is planned in January — March 2013 with construction to be completed in Fall /
Winter of 2013.
With confirmation of your approval, we plan to present the plan to the City Council at its December 10
Workshop for discussion. Please confirm by signing below.
If you have any questions, please feel free to call me at (509) 543 -5738.
_ Ahmad Qayou ni, E Rob Wiskerchen
City of Pasco Resers Fine Foods
Processor Approval Letter 2
PVB[AC NN'ORKS DEPARTMENT (509) 543 -5738 / FAX (509) 543 --5737
1. r� f.U. troy North 3" y�rnur) Pa 443!11 .c�c�ti panto -��a g;n
November 30, 2012
Craig Bolt
Pasco Processing, LLC
PO Box 3110
Pasco. WA 99301
RE: Process waste water capacity
Dear Craig:
Thank you for taking the time and meeting with myself and Reuel Klempel on November 29, 2012 to
discuss process waste water capacity. During this meeting, we went over updates that have occurred
since the last time we met earlier this year. We discussed the progress of the optimization study,
concentrating on the purpose of the study which is to design agronomic capacity to treat the waste water.
We determined that obtaining additional farm land is cost prohibitive; therefore the recommendation is to
make additional capacity improvements to the existing system to meet permit requirements issued by the
Department of Ecology.
Approximately a year ago. we met and discussed all phases of the proposed improvements. You
authorized approval to move forward with design of Phase I and Phase 11, The City contracted with
CES. During design efforts, CES collected additional samples of waste water from your facility, and
found that the concentration of B.O.D. was much higher than anticipated. Additional design
considerations increased the cost of construction.
The City accepted bids on Phase I and Phase 11 in early 2011. The bids received were significantly
higher than our engineer's estimate, therefore all bids were rejected. We used "value engineering" to
reduce overall costs and shared them at the meeting. There is enough data to confirm design and
construction of Phase Ill is necessary to increase additional capacity. Additionally, we discussed the
estimates for Phase 1, Phase II -A and Phase III. Based on lower interest rates, we have costs that are
simi lar to what we quoted originally for a 10 -year debt schedule.
At the conclusion of our meeting you gave the City approval to move forward with the bidding of Phase I
and Phase 2 -A in December 2012 with construction to be completed by approximately July 2013.
Bidding for Phase 3 is planned in January — March 2013 with construction to be completed in Fall
Winter of 2013.
With confirmation of your approval, we plan to present the plan to the City Council at its December 10
Workshop for discussion. Please confirm by signing below.
If you have any uq tions, please feel free to call me at (509) 543 -5738.
Ahmad Qayoutm, Craig Bolt
City of Pasco Pasco Processing, LLC
Processor Approval Letter 3
N BL1C N "ORKS DEPARTMENT` (509) 543 -5738 / FAX (509) 543 -8737
�. .� PJ �. ;;,•. '�li I "? Nonh A%ciiuel Pa�eo, AGr,h III uu +n L)9 .o l
November 30, 2012
Lloyd Richardson
Bybee Foods
1825 Commercial Avenue
PO Box 2508
Pasco, WA 99302
RE: Process waste water capacity
Dear Lloyd:
Thank you for taking the time and meeting with myself and Reuel Klempel on November 29, 2012 to
discuss process waste water capacity. During this meeting, we went over updates that have occurred
since the last time we met earlier this year. We discussed the progress of the optimization study,
concentrating on the purpose of the study which is to design agronomic capacity to treat the waste water.
We determined that obtaining additional farm land is cost prohibitive; therefore the recommendation is to
make additional capacity improvements to the existing system to meet permit requirements issued by the
Department of Ecology.
Approximately a year ago. we met and discussed all phases of the proposed improvements. You
authorized approval to move forward with design of Phase I and Phase 11. The City contracted with
CES. During design efforts, CES collected additional samples of waste water from your facility, and
found that the concentration of B.O.D. was much higher than anticipated. Additional design
considerations increased the cost of construction.
The City accepted bids on Phase I and Phase II in early 2011. The bids received were significantly
higher than our engineer's estimate, therefore all bids were rejected. We used -value engineering' to
reduce overall costs and shared them at the meeting. There is enough data to confirm design and
construction of" Phase III is necessary to increase additional capacity. Additionally, we discussed the
estimates for Phase I, Phase 11 -A and Phase 111. Based on lower interest rates, we have costs that are
similar to what we quoted originally for a 10 -year debt schedule.
At the conclusion of'our meeting you gave the City approval to move forward with the bidding of Phase I
and Phase 2 -A in December 2012 with construction to be completed by approximately July 2013.
Bidding for Phase 3 is planned in January — March 2013 with construction to be completed in Fall /
Winter of 2013.
With confirmation of your approval, we plan to present the plan to the City Council at its December 10
Workshop for discussion. Please confirm by signing below.
If you have an questions, please feel free to call me at (509) 543 -5738.
tmad Qayotmm, Lloyd Richardson
Public Works Director Bybee Foods
Processor Approval Letter 4
rc It Mir PUBLIC WORKS DEPARTMENT (509) 543 -5738 / FAX (509) 543 -5737
P.O. &i\ '(t: 02i tiorth N'euhmeton H4;U1 . �ae�c.pcu -�r guv
November 30, 2012
Tom Foster
Twin City Foods
5415 Industrial Way
Pasco, WA 99301
RE: Process waste water capacity
Dear Tom:
Thank you for taking the time and meeting with myself and Reuel Klempel on November 29, 2012 to
discuss process waste water capacity. During this meeting, we went over updates that have occurred
since the last time we met earlier this year. We discussed the progress of the optimization study,
concentrating on the purpose of the study which is to design agronomic capacity to treat the waste water.
We determined that obtaining additional fame land is cost prohibitive; therefore the recommendation is to
make additional capacity improvements to the existing system to meet permit requirements issued by the
Department of Ecology.
Approximately a year ago, we met and discussed all phases of the proposed improvements. You
authorized approval to move forward with design of Phase I and Phase II. The City contracted with
CES. During design efforts, CES collected additional samples of waste water from your facility, and
found that the concentration of B.O.D. was much higher than anticipated. Additional design
considerations increased the cost of construction.
The City accepted bids on Phase 1 and Phase 11 in early 2011. The bids received were significantly
higher than our engineer's estimate. therefore all bids were rejected. We used "value engineering" to
reduce overall costs and shared them at the meeting. There is enough data to confirm design and
construction of Phase III is necessary to increase additional capacity. Additionally, we discussed the
estimates for Phase 1, Phase 11 -A and Phase III. Based on lower interest rates, we have costs that are
similar to what we quoted originally for a 10 -year debt schedule.
At the conclusion of our meeting you gave the City approval to move forward with the bidding of Phase I
and Phase 2 -A in December 2012 with construction to be completed by approximately July 2013.
Bidding for Phase 3 is planned in January — March 2013 with construction to be completed in Fall /
Winter of 2013.
With confirmation of your approval, we plan to present the plan to the City Council at its December 10
Workshop for discussion. Please confirm by signing below.
If you have any questions, please feel free to call me at (509) 543
ma Qayoumi, Tom Foster
City of Pasco �, Twin City Foods
FOR: City
FROM: Gary
SUBJECT: Agreement
I. REFERENCE(S):
AGENDA REPORT
Franklin County Historical Society
1. Letter from Paul Whitemarsh, Historical Society President
2. Proposed Agreement
January 22, 2013
Workshop Mtg.: 1/28/13
Regular Mtg.: 2/4/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
1/28 Discussion
2/4 MOTION: I move to approve
the proposed
agreement
with the Franklin County
Historical Society
and, further,
authorize the
Mayor to
sign the agreement.
I11. FISCAL IMPACT:
Current contract $8,500 annually; proposed contract $9,500 annually; general fund.
IV. HISTORY AND FACTS BRIEF:
A) The city has contracted with the Franklin County Historical Society since 1997 to
provide certain services to both the city and community as a whole. The
agreement was established to provide a more consistent source of revenue to the
Society while providing a reliable source for historical information to the
community.
B) In 2003, the Society undertook additional efforts to benefit the city and/or
community at large. Those efforts required additional funding to permit them to
be successful; the contract fee was increased to $8,500 /year at that time. Those
additions were: Oral Histories; City Hall Exhibits; Speakers Bureau; Cultural
Diversity (expanding its archival materials to better reflect the cultural diversity of
Pasco and Franklin County).
C) The attached letter from Paul Whitemarsh, President of the Franklin County
Historical Society, explains the Society's need to increase the contract fee.
V. DISCUSSION:
A) The 10- year -old
agreement has
proven to
be beneficial to both the community and
the Society for
the respective
objectives.
The commitment of such a relatively
modest annual
sum permits
a strong
and important community volunteer
organization to
provide the community
an invaluable resource; that value will
only grow over
time and it is
critical that
the city do what it can to assure the
maintenance of such resources.
B) The requested increase represents an increase of about 12 %. Over 10 years, that is
well less than the annual rate of inflation. Staff recommends approval of the
revised agreement with a revised (total) annual contract fee of $9,500.
3(d)
December 3, 2012
Mr. Gary Crutchfield
City Manager
525 N. 3'a Ave.
Pasco, WA 99301
Dear Mr. Crutchfield:
1(/ 100r.
[CAL SOCIETY
305 NORTH FOURTH * PASCO, WA 99301 -5324
(509) 547 -3714 * FAX (509) 545 -2168
Museum@FranklinCountyHistoricalSociety.org
Pasco City Hall
RECEIVED
DEC 0 0 2012
City Manager's Office
Our usual billing statement is scheduled to be sent in early February for the first half
payment due in March of 2013. I am writing in advance to request a review of our
agreement between the City of Pasco and the Franklin County Historical Society. As you
know, this funding is in exchange for archival and exhibit services that are provided to
the City of Pasco and its citizens; and the funding is crucial to the successful operation of
the museum.
Like all nonprofits, we are on a tight budget. We have been fortunate to receive some
generous bequests that have kept us safe from the economy until now. Unfortunately, the
lack of interest income coupled with rising costs has severely crippled our budget.
Given that the annual amount billed has remained $8,500.00 since 2004; considering that
we have offered exemplary service for over ten years; that we continue to provide the
same services and more, including cooperation with City of Pasco's Communication
Specialist, Jon Funfar, for his project needs; we are requesting an increase in the payment
to $9,500.00. We appreciate your consideration of this matter.
On behalf of the Board of Trustees and museum staff, please accept our thanks for your
continued support, and convey our sincere appreciation to the City Council. If there are
any additional services we might be able to provide the City of Pasco, please let us know.
Sincerely,
Paul Whitemarsh
FCHS President Elect
AGREEMENT FOR SERVICES
CITY OF PASCO AND FRANKLIN COUNTY HISTORICAL SOCIETY
This agreement is made and entered into between the City of Pasco, a municipal
corporation of the State of Washington, hereinafter called "City" and the Franklin County
Historical Society, a Washington non - profit corporation, hereinafter called "Society."
WHEREAS, the
City desires to enrich the
cultural and historical
awareness of its citizens
and to provide a resource
for materials concerning
the history of the City
of Pasco; and
WHEREAS, the City itself does not have the current ability in -house to provide such
services and the Franklin County Historical Society is desirous of performing such services for
the City, NOW THEREFORE,
For the mutual considerations set forth herein the parties agree as follows:
Section 1. Term: This agreement shall be for a term of five (5) years, commencing
January 1, 2013 and ending the 31s` day of December 2017, and shall renew annually on January
1 of each year thereafter; provided, however, either party may terminate this agreement by giving
the other party at least ninety (90) days advance written notice of their desire to terminate.
Section 2. Scone of Work: The Society shall provide all labor, materials and tools at its
own expense, (except as stated otherwise herein), necessary to provide the City and the citizens
of Pasco the following during the term of this agreement:
A. Resources:
• Maps of Pasco and southern Franklin County.
• News clippings and brochures related to Pasco and southern Franklin County
businesses, homes and leading citizens.
• Photographs documenting the history of Pasco, including aerial view of Pasco and
southern Franklin County.
• Telephone and business directories from past years.
• Books, manuscripts and other documents relating Pasco's local history.
• Notebooks containing alphabetized obituaries of Pasco citizens.
• School year books and memorabilia from local civic organizations and
businesses.
B. Oral Histories: purchase camera, equipment, materials, and provide staff time to
interview citizens regarding their contribution to Pasco and Franklin County.
C. Exhibits:
prepare and
install historic displays
quarterly in the exhibit cases at the
entrance
to City Hall.
D. Speaker's Bureau: provide a resource for citizens and civic organizations who are
interested in historical and/or educational programs.
E. Hispanic History Project: add artifacts, photographs, and archival materials to the
Society's collection which will better reflect the cultural diversity of the greater Pasco
community.
Section 3. Compensation: The Society shall receive annual compensation from the City
during the term of this agreement in the amount of nine thousand five hundred dollars
($9,500.00), in equal semi - annual payments, the first payment to be made on or before the 1" day
of March, 2013.
DATED THIS day of 2013.
CITY OF PASCO FRANKLIN COUNTY HISTORICAL SOCIETY
Matt Watkins, Mayor Paul Whitemarsh, President
Marilynn Baker, Secretary
City of Pasco & Franklin County Historical Society
-2-
FOR: City Council
TO: Gary Crutchi
Rick White,
Community
FROM:
AGENDA REPORT
Angie Pitman, a4W
Block Grant Administrator
Director fr`
January 31, 2013
Workshop Mtg: 1/28/13
Regular Mtg: 2/4/13
SUBJECT: 2011 HOME Community Housing Development Organization (CHDO) Set -Aside Grant
Amendment to Award (MF #BGCA 2011 -008)
I. REFERENCES:
II.
III.
I►�/
1. Resolution Rescinding 2011 CHDO Set -aside Funds
ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
1/28: DISCUSSION:
2/4: MOTION: I move to approve Resolution No.
awarding 2011 CHDO Set -aside Funds
FISCAL IMPACT
$90,294 in Federal HOME CHDO funds
HISTORY AND FACTS BRIEF:
3 49S , Rescinding Resolution 3383
A. Under the HOME program, 15% of funds are earmarked annually for federally designated
Community Housing Development Organizations (CHDO). The three cities rotate the
responsibility for distributing these funds. Pasco is responsible for distributing the 2011
HOME CHDO funds totaling $90,294 this year. The City received applications from Tri-
County Habitat for Humanity and Benton Franklin Community Action Committee (CAC),
both eligible CHDO organizations, for use of the 2011 CHDO funds. Council awarded 2011
CHDO funds to CAC for acquisition and rehabilitation of a 4 -plex for transitional housing in
April, 2012. The funds must be obligated by March 30, 2013 per the HOME Consortium
Lead Agency and the HUD Representative.
B. The CAC original project for acquisition/rehabilitation of an existing 4 -plex has been delayed
by the following issues:
Potential 4 -plex structures are occupied, requiring relocation of tenants (already low -
income)
Potential vacant multi - family structures have been non - conforming uses (residential in
commercial zone) or in poor condition making rehabilitation cost prohibitive, as the
projects do not "pencil out"
Use of HOME funds is subject to a lengthy environmental review process, which
includes lead based paint assessment, and an asbestos good faith survey. This has
precluded further property searches, as time for processing will exceed the obligation
deadline.
C. CAC has explored developing transitional single family housing, but single family housing
units do not "pencil out" per square foot construction costs or for operations and maintenance
costs.
V. DISCUSSION:
A. The Tri-Cities
HOME Consortium
has developed an alternative that would allow Kennewick
to trade
Pasco's
2011 CHDO funds
for Kennewick's 2015 funds.
B. The alternative involves a program year 2011 swap with Kennewick for their program year
2015 funds in order to make timely use of the 2011 funds. Kennewick will use the 2011 funds
to complete their 5th & Jean project with Habitat for Humanity. Pasco would then receive our
2014 annual CHDO allocation and Kennewick's 2015 allocation. CAC could then reapply for
future CHDO set -aside funds upon CHDO recertification and submission of a complete
proposal packet.
C. If Council concurs with this alternative, the proposed resolution authorizing an agreement
with Kennewick and rescinding award of 2011 CHDO funds to CAC should be approved.
3(e)
RESOLUTION NO. 34
A RESOLUTION RESCINDING RESOLUTION 3383 AWARDING 2011 HOME CHDO
SET -ASIDE FUNDS
WHEREAS, the City of Pasco selected the Benton Franklin Community Action Committee's
(CAC) proposal to purchase and renovate a small apartment building to provide affordable housing for
families with children who come from homelessness and are currently case managed and supported by
CAC; and
WHEREAS, lack of suitable properties caused a significant change in the scope of work which
impedes the ability of CAC to complete the project within HUD deadlines for timeliness; and
WHEREAS, member cities of the Tri- Cities HOME Consortium have developed an alternative
project that can meet HUD deadlines for timeliness by exchanging Pasco's 2011 CHDO allocation for
Kennewick's 2015 CHDO allocation; Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the City Council rescinds the award of the 2011 HOME CHDO funds
totaling $90,294 to Benton Franklin Community Action Committee and authorizes the City Manager to
sign a letter of agreement exchanging Pasco's 2011 CHDO allocation for Kennewick's 2015 allocation.
PASSED by the City Council of the City of Pasco this _ day of , 2013.
CITY OF PASCO:
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
CMC City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT NO. 6
FOR: City Council January 24, 2013
TO: Gary Crutchfiel anager Workshop Mtg.: 01/28/2013
Regular Mtg.: 02/04/2013
FROM: Ahmad Qayoumi, Public Works Direct
SUBJECT: ADA Sidewalk Transition Plan
I. REFERENCE(S):
1. Resolution
2. ADA Sidewalk Transition Plan
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
01/28: Discussion
02/04: MOTION: I move to approve Resolution No adopting the ADA
Sidewalk Transition Plan.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In December 2010, the City of Pasco contracted the City of Vancouver to help
develop an ADA Inventory and Transition Plan.
B) Title II of the American with Disabilities Act (ADA) of 1990 prohibits
discrimination by public agencies on the basis of disability by making all
activities, services, and programs accessible to persons of disabilities. Under Title
II, facilities in the public right -of -way are considered a program and thus are
required to meet ADA standards.
C) Public agencies were required to complete a self - evaluation of their programs and
services then use this information to develop a Program Access Plan, also known
as an ADA Transition Plan. While all public entities are required to follow the
requirements of the American with Disabilities Act, public agencies with only 50
or more employees are required to create a Transition Plan. The Transition Plan
applies to all facilities, including those built before and after the ADA was passed
in 1990.
D) By January 26, 1993 public agencies were required to complete a self - evaluation
of their facilities, programs, policies, and organization practices. For numerous
reasons many agencies throughout the country did not meet this deadline and
agencies are still trying to meet this requirement today. The self - evaluation is a
key tool in developing an agency's Transition Plan by helping to identify
programs and policies that are not compliant with ADA requirements.
E) Since March of 2011, the City has been completing the inventory of ADA ramps
throughout the City to outline compliant and non - compliant ramps and sidewalks.
F) The City completed the transition plan through a public process that included a
Community Resource Team (aka) Advisory Group.
G) Staff, the Consultant and the Advisory Group held three open houses to develop
comments, identify high priorities, and the process for the transition plan.
3(f)
H) On November 26, 2012 the Consultant shared the final draft version of the plan
with Council.
I) Staff has completed the last piece of the plan for finalizing the ongoing efforts to
meet the goals of the plan.
V. DISCUSSION:
A) Staff has evaluated financing a portion of the ADA Plan that recommends allocation
of $50,000 to $100,000 annually of CDBG funds towards funding projects on
transition. City staff will also apply for grants as available to fund more projects.
B) As part of the
annual overlay
program, the City will
continue to update ramps as
needed.
RESOLUTION NO. %5 I S`t'
A RESOLUTION ADOPTING THE ADA SIDEWALK TRANSITION PLAN
WHEREAS, a plan has been developed to identify compliant and non - compliant
pedestrian ramps and sidewalks; and
WHEREAS, the City of Pasco contracted with the City of Vancouver to prepare an ADA
Sidewalk Transition Plan that would comply with the federal regulations under Title II of the
Americans with Disabilities Acts of 1990; and
WHEREAS, the study included public participation through an open house process; and
WHEREAS, a Community Resource Team consisting of local citizens representing the
community, local business and other key stakeholders participated in the meetings; and
WHEREAS, the Pasco City Council received a presentation on the ADA Transition Plan
on November 29,2012; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
Section
1.
That the
Pasco City Council hereby adopts the ADA Sidewalk Transition
Plan, to be used
as
a guide in
making budget and Capital Improvement Plans.
APPROVED by the City Council of the City of Pasco, Washington, this 4th day of
February, 2013.
Matt Watkins, Mayor
ATTEST:
Debra Clark, CMC City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Americans with Disability Act
Sidewalk Transition Plan
Prepared By:
Pasco Public Works Department
Ahmad Qayoumi PE, Director
Consultants:
Matt Ransom, AICP
John Manix PE, PTOE
Sidewalk Transition Plan
Overview
The Americans with Disabilities Act (ADA) of 1990 is a civil rights statue that prohibits
discrimination against people who have disabilities. Title II of ADA specifically
addresses the subject of making public services and public transportation accessible to
those with disabilities. With the advent of ADA, design and construction of facilities for
public use, such as sidewalks, that are not accessible by people with disabilities
constitutes discrimination.
The purpose of the Sidewalk Transition Plan is to remove barriers to mobility of people
with disabilities. It should be noted these same improvements serve the mobility and
safety for all pedestrians in the City of Pasco. The ADA requires all governmental
agencies to complete a Transition Plan for the construction of sidewalk ramps at all
locations where walkways cross curbs in streets or parking lots. The contents and
requirements of ADA Transition Plans are described in the ADA Title 11 Technical
Assistance Manual, Section 11- 8.300.'
' http : / /www.ada.gov /taman2.htmt #II- 8.2000
City of Pasco
Sidewalk Transition Plan
Page 2 of 12
1h R
1. O
♦ C� .1�� '�L Y T.
���� g
The Pasco's Sidewalk Transition Plan should, at a minimum, contain the following:
• A list of physical barriers in the City that limit the accessibility of individuals with
disabilities;
• A detailed outline of methods to be utilized to remove these barriers and make
the facilities accessible;
• A schedule for taking the necessary steps to achieve compliance with Title II.
The plan should indentify the interim steps that will be taken during each year for
the transition period; and
City of Pasco
Sidewalk Transition Plan
Page 4 of 12
Ramps are not just for wheelchairs
Public Works Department's Policies and Procedures
The Sidewalk Self- Evaluation revealed that Pasco policies and procedures makes little
mention of ADA compliance and may be hindering accessibility of sidewalks. A barrier
free transportation system requires policies and procedures that facilitate all department
programs striving to meet this goal. Planning documents must provide clear policy
direction for new development. Roadway designs must meet national ADA standards to
assure new ramps are constructed correctly. Inspection practices must assure that
sidewalks are constructed to meet standards. Citizen requests must be well
documented with assured follow- through. Because of the tremendous amount of
sidewalks that need to be upgraded to meet ADA standards, the high cost of the
upgrades and the limited available funding, policies and procedures should to be
adopted at all level to eliminate sidewalk barriers.
Recommendation:
The City of Pasco should adopt the following changes to their current policies and
practices:
• Update the Comprehensive Plan to include goals and policies that strive to
development of an accessible transportation system. See Appendix A for City of
Vancouver example.
• Update Title 12, Streets and Sidewalks, of Pasco's Municipal Code to include
specific requirements to upgrade sidewalks to meet current ADA standards. See
Appendix A recommended revisions.
City of Pasco
Sidewalk Transition Plan
Page 5 of 12
• Updates to the Standard Plans for sidewalks to meet ADA design guidelines
from the Access Board. The current plans are up to date. The ADA Standards
change on a regular basis and City of Pasco's standard plans will need future
updates. The current standards are illustrated in 2010 ADA Standards for
Accessible Design .2
• All pavement management overlay projects include funding to build missing ADA
ramps. See Appendix A for City of Vancouver example.
• Adopt a formal ADA Citizen Request process. See Appendix A for process.
• The Director of Public Works or his designee will serve as the Sidewalk
Transition Plan Manager for the Public Work Department.
Sidewalk and Curb Ramp Inventory
Preparing a complete and useful inventory is costly for all agencies because of the
huge amount of labor required to collect, input and manage the data. The City has been
working toward having a complete inventory of sidewalks and curb ramps for all streets
in Pasco. As part of the development of Sidewalk Self- Evaluation, a sidewalk inventory
was started in 2011 which compiled data on the existence of curb ramps at
intersections, evaluation of compliance with current ADA standards and collected data
on obstructions to access on the sidewalks. This data was used to create a database
that when complete will include most streets. See Appendix B for map of inventoried
streets.
The Inventory in the Sidewalk Self- Evaluation is not complete. Much of the data is still
in field notes. To best manage the labor intensive task of completing the inventory, the
ranking process should be completed to focus further inventory efforts on priority
locations.
Recommendation: Complete the inventory of high and median priority locations and as
time permits for the remaining locations.
A field review of high priority roadways found most had sidewalk and where sidewalks
existed curb ramps existed at the intersection. It was also noted the most of the older
ramps were built substantially out of compliance with ADA standards. To facilitate
update of out of compliance ramps that are a barrier to the disabled, a replacement
policy has been proposed. The need for a policy was reviewed by the Community
Resource Team. It was agreed that not all non - compliant ramps need replacement.
Some ramps, that may not meet current standards provide adequate accessibility
where pose a major barrier.
z Department of Justice, 2010 ADA Standard for Accessible Design, September 15, 2010
City of Pasco
Sidewalk Transition Plan
Page 6 of 12
�,I.
Recommendation: The City of Pasco should adopt a policy that facilitates which non-
compliant ramps need to be replaced.
Project Prioritization
The Community Resource Team assisted with the To prepare the Sidewalk Self -
evaluation and Sidewalk Transition Plan, the ADA committee was formed to assist in
prioritization of work. Prior to meeting with the ADA committee, a proposed ranking
method was suggested as a starting point. The Ranking Criteria was reviewed by the
committee and based on:
• Critical Area — such as the downtown.
• Critical Streets — such as arterials with transit service.
To further refine the prioritization process the following criteria was used:
• Important destination for citizens with disabilities,
• Pedestrian Collisions
• Commercial and other land use zoning
• Assisted living facilities
• Medical facilities
• Transit facilities
• Senior Center
City of Pasco
Sidewalk Transition Plan
Page 8 of 12
• Pasco Community Services
• Government buildings
• Library
• Schools including public, private and colleges
• Good Will Industries
• Streets with sidewalks.
• Upgrading streets without ramps prior to upgrading substandard ramps.
The criteria was mapped to facilitate ranking of roadways. See Appendix B for the
ranking criteria list, inventoried streets maps and criteria map.
The sidewalk system can be upgraded in many locations and many ways to make them
more accessible to individuals with disabilities. For example trimming trees and
repairing uplifted sidewalk are common problems, upgrading traffic signals with audible
pedestrian signals for the sight impaired, upgrading existing ramps to current standards
is often considered.
Installing curb ramps at an intersection with full height sidewalks at the corners is the
best value for the limited funding available. Curb ramps benefit the most citizens
compared to all other ADA sidewalk and pedestrian updgrades. Upgrading a non-
standard ramp cost approximately the same but only slightly improves accessibility.
Replacing driveways with excessive ramp cross slope is extremely expensive due to the
larger number and size of locations and only make an incremental improvement on
accessibility.
Requests for sidewalk/pedestrian upgrade requests can be considered on a case by
case basis with a funding set aside to address high ranking requests. For example,
upgrading traffic signals to include audible pedestrian signals would not be made on a
systematic process but if a request for this type of improvement is received at a high
ranking location, then it should be implemented.
Recommendation: Use the Ranking Criteria list and maps in Appendix B to rank
roadways with sidewalks for installation of curb ramps at intersections.
Recommendation: Additional accessible upgrades beyond installing new curb ramps
will be made as the opportunity presents itself or based on requests from the public. As
streets are upgraded via capital improvement projects, private improves, or
maintenance work; sidewalks should be upgraded to minimize barriers to accessibility
for persons with disabilities. Any request for a sidewalk /pedestrian improvement should
be given careful consideration of implementing based on the established priorities and
available funding.
Community Resource Team Comments
As part of the Sidewalk Self- Evaluation and Sidewalk Transition Plan, Pasco convened
a Community Resource Team to provide input on the process and the proposed
projects.
City of Pasco
Sidewalk Transition Plan
Page 9 of 12
The Community Resource Team met on August 23, 2012. One important comment
from this meeting was to add emphasis on roadways that crossed highways because of
their importance as passage through the barriers that highways create. The Road 68/1-
182 interchange was specifically noted as a location of concern.
Prior to the second Community Resource Team meeting on October 4, 2012, high
priority locations were field reviewed for appropriateness of ranking. Most locations had
substandard ramps. The Community Resource Team discussed development of
process for deciding what existing ramps should be replaced. The consensus was that
some substandard ramp should be acceptable with some criteria needed to assist with
make a decision on a case by case basis.
Recommendation: Adopt a policy that existing ramps built with Detectable Warning
Patterns (often referred to as truncated domes) or with a flat landing area will be
acceptable near term (next 5 to 10 years). This policy should be reviewed after no
more than 5 years to verify it is still acceptable practice. All other substandard ramps
will need to be replaced.
See the Ramp Replacement Policy in Appendix A
At the October 4, 2012 meeting, the high priority areas were discussed with the
Community Resource Team assisting in ranking recommended high priority locations.
The consensus was that the following areas are top priority:
• Downtown
• Court St
The second priority areas are:
• Road 68 area
• College area
• 4 t Ave area
• Waterfront trail access areas.
• Oregon Ave area
See Appendix B for ranking criteria map of high priority areas.
Recommendation: The initial list of projects will be selected from the Downtown and
Court St areas. If more requests are received than funding is available, those from
priority area will be ranked higher that those from outside these areas.
Funding
The prioritize list of curb ramp locations will be used as the implementation guide for
Public Works ADA program. On an annual basis the City should make $50,000 of
Community Development Block Grant (CDBG) funding available to the City specifically
for implementing sidewalk projects listed in the curb ramp priority list. Each year the
department will work to complete as many projects as possible with this funding, based
on the ranking of the priority list.
Beyond the on -going design funding of $50,000 per year, Public Works continues to
look for other funding sources for curb ramp improvements. These sources include
City of Pasco
Sidewalk Transition Plan
Page 10 of 12
state and federal grants, along with several local funding sources. The state and
federal grants the department has used include:
• Federal traffic safety program grants.
• Washington State Department of Transportation's Safe Routes to School
Program (formerly known as the Traffic Safety Near Schools Program)
• Washington State Department of Transportation's Pedestrian and Bicycle
Safety Program
• Transportation Improvement Board's Sidewalk Program
The most likely funding source for ADA ramps and sidewalk upgrade is CDBG. Public
Works proposes allocating $50,000 per year of the City's CDBG allocation to ADA
upgrades of ramps and sidewalks.
There are also several local funding sources that have been used to complete or
improve curb ramp locations. These include frontage improvements related to private
development project, major roadway improvement projects and pavement overlay
projects. These programs will not rely on the priority set in the Sidewalk Transition
Plan but will contribute to the overall City's effort to meet ADA Title II requirements.
A planning level unit cost estimate of $5,000 per corner is suggested for use in
establishing a budget for projects. This assumes some corners have a ramp on each
tangent and some have a single ramp at the apex of the curb return.
Assuming $50,000 is available per year then, eight corners at high priority location can
be constructed per year and 50 linear feet of sidewalk replaced per year.
Recommendation: An on -going budget of $50,000 per year of CDBG funding be
established for implementing ADA sidewalks and pedestrian upgrades to respond to
requests and implement high priority projects on the project list in Appendix C.
The high priority projects have been mapped on the Sidewalk Transition Plan — Priority
Projects map. This is dependent on funding available, the bids of early project and the
final list of ramps to be replaced. The project list in Appendix C includes a few extra
streets assuming the available funding was extended beyond the high priority projects
or few high priority projects needed to be deferred due to complication such as utility
conflicts.
City of Pasco
Sidewalk Transition Plan
Page 11 of 12
Schedule
It will take the City of Pasco many years of dedicated work to upgrade all the sidewalks
and other pedestrian improvements to meet ADA standards. This plan provides a
foundation for this work but will require updating in the future. The project list in
Appendix C is intended to cover the next 5 years of work. This assumes funding will be
available at the level recommended above ($50,000 - $100,000 /year). The schedule is
based on the number of ramps that can be constructed per year. This does not include
work that will be completed by other sources but it is reasonable to assume that the up
to 20% of high ranking locations will be implemented by other funding sources. In
Appendix C, the Sidewalk Transition Plan — Priority Projects maps provides an
approximate schedule for the installation of ADA compliant ramps.
At a minimum of three (3) years and a maximum of five (5) years, the progress on the
Sidewalk Transition Plan should be assessed. If projects are being completed on
schedule then the next set of projects on the high priority list can be scheduled for
implementation. If not or if priorities have changed, the Sidewalk Transition Plan should
be reviewed to better meet the conditions of the day.
Recommendation: Proceed with implementation of the high priority projects on the
tentative scheduled included in the project list. Review progress after a minimum of 3
years and adjust schedule accordingly.
City of Pasco
Sidewalk Transition Plan
Page 12 of 12
AGENDA REPORT
FOR: City Counci� / January 30, 2013
d
TO: Gary Crutch anager Regular Mtg.: 2/4/13
Rick White, ////
Community & 1conomic Development Director0
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION (MF# VAC 2013 -001) Portion of Washington St. (Port of
Pasco/Morales)
I. REFERENCE(S):
1.
Overview Map
2.
Vicinity Map
3.
Proposed Resolution
4.
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/4: MOTION: I move to approve Resolution No. S� , setting 7:00
P.M., Monday, March 4, 2013, as the time and date to conduct
a public hearing to consider vacating Washington Street
adjacent to Block 18, Riverside Addition.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Port of Pasco and a private property owner have petitioned to vacate that
portion of Washington Street between 5th Avenue and the BNSF railroad right -of-
way.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is March 4, 2013.
3(g)
RESOLUTION NO, S45 1
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF WASHINGTON STREET.
WHEREAS,
from
time to time in response to
petitions or in
cases where it serves the
general interest of the
City,
the City Council may vacate
rights -of -way;
and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating all of Washington Street adjacent to Block 18,
Riverside Addition between the east right -of -way line of South 5`' Avenue and the BNSF
railroad right -of -way, will be held before the City Council of the City of Pasco in the Council
Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 4,
2013. That the City Clerk of the City of Pasco give notice of said public hearing as required by
law.
Passed by the City Council of the City of Pasco this 4`h day of February, 2013,
Matt Watkins
Mayor
ATTEST:
Debra L. Clark,
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
CITY OF PASCO
FEE $200
STREET /ALLEY VACATION PETITION
MASTER FILE # AC ZO13 -001 DATE SUBMITTED• 1 • 11 13
I, we the undersigned, owners of two - thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street /alley rights -of -way:
11C !bO* WA5wt lt_.Tow AVc 11 e W 19ETW6E14 IBMSF RAH ROW ANp
THE EAS-rFR -t?f T--O -W t-IME of 5vkAVSNve Ab3AceNz To t-oTS S 9
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name:
Sign Name: e - e
Address: P cj_ lli - f1. A -
Phone #'- /3p- / Date
Print Name: PASCDQree( I l2 - 3gD0' tiO
1110 05ffe &v to Nvd . ste, o2,0
Sign Nam • 5�% - -53 %4
ate I - 17 -Z(jf3
Print Name:
Sign Name:
Date
AGENDA REPORT
FOR: City Council January 29, 2013
TO: Gary Crutchfi cI, it Manager Regular Mtg.: 2/4/13
Rick White, 9-
Community & conomic Development Director Y}�J
c
f
FROM: David McDonald, City Planner
SUBJECT: REZONE (MF# Z2012 -001): R -1 and C -1 to R -3 on N. Charles Ave. (Pasco
Family Housing)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Ordinance with revised concomitant agreement
3. Diagram illustrating varied building heights and setbacks
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/4: Motion: I move to adopt Ordinance No. , rezoning the property
from R -1 and C -1 to R -3 with a concomitant agreement and, father,
authorize publication by summary only.
IIl. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. In September of 2012
the City Council held a closed record
hearing
on a rezone
proposed for a 3.5 acre
site in the 200 and 300
block of North
Charles
Avenue.
B. Following the closed record hearing the motion to approve a rezone with
conditions limiting access and buildings heights failed. The Council then
concurred that a new ordinance with a concomitant agreement should be prepared
to limit building height to a single story along Charles Avenue with a graduated
setback for taller buildings beyond the first row of one -story structures.
V. DISCUSSION:
A. After some discussion with staff, the property owners agreed with the City
Council's direction regarding building height limitations and setbacks.
B. The concomitant agreement attached to the proposed rezone ordinance contains
the following conditions for multi - family zoning:
i. No driveways or vehicular access shall be permitted to the property
from North Charles Street;
ii. The maximum structure height permitted between the required
setback line (20 feet) along Charles Avenue and a point 40 feet back
from the Charles Avenue property line shall be 16 feet.
8(a)
iii. The maximum structure height permitted between 40 feet and 60 feet
back from the Charles Avenue property line shall be twenty -five
feet.
iv. The maximum structure height permitted for any buildings more
than 60 feet back from the Charles Avenue property line shall be
thirty -five feet.
C. The proposed ordinance will only permit the development of single -story
buildings within the first 40 feet of the property along the west side of Charles
Avenue. Beyond the first 40 feet from Charles Avenue two -story buildings will
be permitted and three -story structures are prohibited within 60 feet of Charles
Avenue. The property owners have confirmed their agreement with the proposed
conditions by signing the concomitant agreement.
D. Reference #3 provides an illustration of the varied building heights and setbacks
required through the concomitant agreement.
WHEN RECORDED, PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 N. Third Avenue
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING
CLASSIFICATION OF PROPERTY LOCATED IN BLOCK 2 AND 3, WHITEHOUSE ADDITION FROM
R -1 (LOW DENSITY RESIDENTIAL) AND C -1 (RETAIL COMMERCIAL) TO R -3 (MEDIUM- DENSITY
RESIDENTIAL) 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, the City Council held one or more closed record hearings to consider the Planning
Commission recommendations; and,
WHEREAS, the City Council considered the following facts:
1. The general neighborhood on North Charles Avenue consists of single -story, single - family homes
not exceeding 16 feet in height;
2. R -3 zoning permits the development multi -story apartment structures up to 35 feet in height;
3. R -3 zoning would permit the development of 35 -foot tall apartments within 20 feet of Charles
Avenue;
4. The bulk and scale of 35 -foot tall apartments within 20 feet of Charles Avenue would not be
consistent with the scale and character of existing development within the neighborhood;
5. Without limitations on the scale and bulk of apartment structures said structures could impact the
free movement of light and air through the neighborhood;
6. Without limitations on the scale and bulk of apartment structures the preservation of privacy and
the preservation neighborhood scale development may be lost;
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; and (C) to protect and preserve the residential character of the neighborhood there is a
need for a concomitant agreement to regulated the scale and bulk of development to ensure consistency with
the existing development patterns of the neighborhood; 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 R -1 (Low Density
Residential) and C -1 (Retail Business) -to R -3 (Medium - Density Residential) for the real property as shown in
the Exhibit "1" attached hereto and described as follows:
All of Block 3, Whitehouse Addition (parcel # 112071026) and lots 11 to 17 Block 2, and
lots 18 to 24 Block 2, Whitehouse Addition together with the adjacent vacated 10' of
Alvina Street (parcel # 112072098)
Section 2. That the change of a zoning classification as provided in Section 1 is contingent and
conditioned upon execution of 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 I above. Said
Concomitant Agreement is attached to this Ordinance as Exhibit No "22
.
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 this e day of February, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
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"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 RC.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:
ALL of BLOCK 3, WHITEHOUSE ADDITION (Parcel # 112071026) and
LOTS 11 TO 17 BLOCK 2, and LOTS 18 TO 24 BLOCK 2, WHITEHOUSE
ADDITION TOGETHER WITH THE VACATED 10' OF ALVINA STREET
(Parcel # 112072098)
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 to R -3
(Medium Density Residential) and in consideration of that event should it occur, and subject to
the terms and conditions hereinafter stated, the applicant 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:
The following conditions apply to multi - family development:
a. No driveways or vehicular access shall be permitted to the property
from North Charles Street;
b. The maximum structure height permitted between the required
setback line (20 feet) along Charles Avenue and a point 40 feet back
from the Charles Avenue property line shall be 16 feet.
c. The maximum structure height permitted between 40 feet and 60 feet
back from the Charles Avenue property line shall be twenty -five
feet.
d. The maximum structure height permitted for any buildings more
than 60 feet back from the Charles Avenue property line shall be
thirty -five feet.
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 nronertv:
STATE OF WASHINGTON)
ss.
County of F�`}c �^^�
On this IY day of �S c 2013, before me, the
undersigned, duly commissioned and Avorn, personally appeared
)' E to me known to be the
individual(s) described above and ho 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 under by
92013.
NOW fta of wa aMn®tari
WEANN M FREITAS
W AMMMrsent Dom Feb 27, 2015
hand and official seal this -2 day of
Q n_sc. ("c1 - L Q "
Notary Public in and for the State of Washington
residing at 1.J (�!\
My Commission expires: 2L- 2 �1 — t �_
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AGENDA REPORT
FOR: City Council
TO: Gary Crutchfr t anager
FROM: Bob Metzger; el ief of Polio
SUBJECT: SWAT Vehicle Trade
I. REFERENCE:
A. Trade in Agreement, Meridian Specialty Vehicles.
B. Emergency Management agreement
C. Resolution
January 28, 2013
Workshop Mtg.: 1/28/13
Regular Mtg.: 2/04/13
II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
1/28: Discussion
2/04: MOTION: I move to approve Resolution No. , authorizing acquisition and
disposal of certain vehicles in relation to emergency services.
III. FISCAL IMPACT:
Maintenance of the new SWAT vehicle
IV. HISTORY AND FACTS BRIEF:
A) In 2005 Franklin County Department of Emergency Management (DEM) obtained a
Mobile Command Vehicle (MCV) for use by all public safety agencies in Franklin
County, with the city of Pasco paying 80% of the maintenance costs (based on
population).
B) In October, 2012 DEM determined that this vehicle was not getting enough use to
justify its expense, and there was an identical unit available from Benton County.
DEM advised local agencies they would transfer their MCV to any local agency if
they used it for intended emergency command purposes.
C) Pasco Police Department worked with Meridian Specialty Vehicles, to arrange a trade
of the Mobile Command Center for a new SWAT vehicle. This new vehicle will be
done to Pasco specifications and at no cost to the city of Pasco (see Reference A).
D) In December,
2012 Homeland
Security allowed the County
Emergency Management
board to trade
the 2006 Mobile
Command Vehicle for a new
SWAT Vehicle.
E) In January, 2013, The Emergency Management Board approved turning the Mobile
Command Center over to the City of Pasco to make the trade as approved by
Homeland Security (see Reference B).
V. DISCUSSION:
A) The MCV has seen little use. The city of Pasco uses it less than 6 times per year and
other public safety agencies use it about the same number of times. The majority of
the time this unit is housed at a fire department station.
B) Any maintenance on this vehicle is shared among the various agencies in Franklin
County with Pasco's share being 80 %. As the vehicle ages, maintenance costs will
increase, particularly for the technology in the vehicle.
8(b)
C) The city currently owns a 1983 SWAT Truck. This unit is a converted used armored
vehicle. This unit is used by the Tri -City SWAT Team and is owned by the city.
This vehicle is in need of replacement or major mechanical work.
D) The Department looked for vendors that would work with us on making a trade. This
trade would be done at no cost to the city. Meridian Specialty Vehicles, who does
several of these types of vehicles for departments all over the country, agreed to do
this and found a department that wanted to purchase the Mobile Command Center.
They also agreed to design and build this unit at no cost to the city.
E) Staff requests Council approval of the trade proposal, as it will result in a new SWAT
vehicle for regional use, avoid replacement costs of the old SWAT vehicle and avoid
escalating maintenance costs for the MCV.
®MERIDIAN
SPECIALTY VEHICLES
TRADE -IN AGREEMENT
PARTIES
This agreement is made between Meridian Specialty Vehicles, Inc. (Seller) and the City of Pasco
(Buyer).
AGREEMENT
The Seller agrees to trade a new 2011 Peterbilt SWAT Truck (SWAT TRUCK) VIN Number
2NP2HN8X2BM133826 according to the mutually agreed upon specifications and floor plan for
the BUYER'S 2006 Alpha/EME Mobile Command Center (COMMAND CENTER) Vin
Number 4UZACJDC35CV42474 (AS DRAWN Attached exhibit A). The specification and
equipment will be equal or similar to those already proposed by the buyer. It is also understood
that this is an equal trade with no additional cash /monetary consideration expected with this
agreement from either the seller or buyer. Upon receipt of the Command Center, Seller agrees to
put the SWAT truck into production and build it according to the mutually agreed to plans and
specifications and transfer the title work of the SWAT truck to the Buyer. The buyer will
transfer title to the command center vehicle upon seller's commitment for production
DESCRIPTION OF VEHICLE
2011 Peterbilt SWAT Truck (SWAT TRUCK) VIN Number 2NP2HN8X2BM133826) shall be
designed and built in accordance with the drawings and specifications (Attach exhibit B). All
drawings and specifications will be signed by Buyer before the vehicle is entered into
production. Any changes in the Final Specifications shall be by a written Change Order, signed
by both parties and clearly describing the change in specifications and in Purchase Price. Upon
execution, the Change Order shall become a part of this Agreement.
EXTERIOR GRAPHICS PACKAGE
If the option is chosen the exterior graphics package shall be approved by Buyer and attached to
this Agreement within 90 days of the date of this Agreement.
PURCHASE PRICE AND TERMS OF PAYMENT
It is also understood that this is an equal trade with no additional cash /monetary consideration
expected with this agreement from either the seller or Buyer.
Buyer shall be solely responsible for the payment of all taxes, registration and licensing fees for
the SWAT Truck. Seller shall be solely responsible for the payment of all taxes, registration and
transfer fee for the Command Center.
DELIVERY AND TRAINING
MSV will deliver the SWAT Truck to Buyer at the Buyer's location in Pasco, Washington.
Completion of the Vehicle is estimated to be within 120 days of approval of the Final
Specifications by Buyer. Although MSV will use its best efforts to deliver the SWAT Truck
within that time, delays may occur, and Buyer is discoura¢ed from scheduline special events
in conjunction with the delivery of the SWAT Truck.
It is understood that MSV's performance may be delayed due to occurrences beyond its control,
including but not limited to: acts of God, work stoppages, and failures by suppliers or
manufacturers. In these events, MSV shall notify Buyer of the delay within 2 days, and expected
time of delay, giving a new projected date of completion.
WARRANTY
The SWAT Truck and equipment installed in the SWAT Truck will be covered by Manufacturer
Warranties. All vehicle and equipment manufacturer warranties shall be assigned to Buyer upon
delivery and final payment.
Buyer shall contact MSV in the event of any warranty or service issue.
Buyer and Buyer's agent executing this agreement, warrant to MSV that the agent executing this
Agreement has actual authority to represent Buyer, and that Buyer has obtained full authority
and approval to enter this Agreement.
DEFAULT AND REMEDIES
MSV's Default. If MSV fails to perform any of its obligations under this Agreement, Buyer
shall give MSV notice of default, entitling MSV to a 30 day period following receipt of notice to
cure the default.
Buyer agrees that its damages due to any default of MSV, breach of any implied warranty by
MSV, or other claim of Buyer, shall be limited to a maximum of the trade in value (see exhibit
Q. Buyer specifically agrees that it shall not be entitled to recover any incidental, consequential,
statutory additional or special damages alleged to be incurred due to MSV's actions or
omissions.
Buyers or MSV Default Before Completion. If Buyer or MSV fail to perform any of its
obligations under this Agreement, or notify the other party of its decision to breach the
Agreement, before Notice of Completion is issued, MSV or Buyer may, in its discretion, give
Buyer or MSV notice of default. Should Buyer or MSV fail to correct the default within thirty
(30) days of receipt of notice, MSV or Buyer may proceed as follows:
1. Termination. MSV or Buyer may terminate this contract by giving notice. Upon
Buyers default MSV may then retain that portion of the trade in, its actual cost incurred as of the
date of termination, along with the Vehicle and /or retain all components purchased or
manufactured. Upon sellers default, seller shall refund the full trade in value OR, at its election:
2. Specific Performance. MSV or Buyer may enforce specific performance of
obligations under this contract.
Buyer's or MSV Default after Completion: If Buyer or MSV fails to respond to a request for a
delivery date (Notice of Completion), within 10 days of the issuance of the Notice of Completion
and this default continues for 14 days, following notice, MSV or Buyer may proceed as follows:
1. Specific Performance. MSV or Buyer may enforce specific performance obligations
under this contract.
Attorney's Fees. In addition to the above damages and remedies, if either party retains an
attorney to enforce this Agreement, the party prevailing in arbitration or litigation is entitled to
recover reasonable attorneys' fees and costs of arbitration and litigation.
ARBITRATION AGREEMENT
All disputes, legal or equitable claims, demands, or controversies of any nature or kind, including
but not limited to those arising under contract, tort, statute, regulation or any other grounds
(hereinafter "Dispute ") shall be resolved under the terms of this provision.
The parties agree that the exclusive procedural mechanism for the final resolution of all Disputes
arising between them following good faith attempt to resolve the dispute by the parties shall be
binding arbitration under RCW 7.04A or Nevada Statutes 38 depending on the State of
arbitration as provided below or a qualified arbitrator mutually agreed upon.
Except for the confirmation of an arbitration award, any lawsuit filed in violation of this
Agreement shall be dismissed by the parties by agreement and by the court upon motion of any
party presenting this provision to the court for consideration.
All arbitrations shall occur within the County of the party initiating the request. The fees
charged by the arbitrator shall be evenly divided between the parties, although upon final
decision, these costs together with reasonable attorney's fees may be recovered by the prevailing
party.
GENERAL
Notices: Any notices hereunder shall be in writing, personally serves, electronically
transmitted, or shall be deemed to be delivered (whether actually received or not)
when deposited with the US Postal Service, postage prepaid, certified mail, return
receipt requested, and addressed to the party as follows:
Meridian Specialty Vehicles, Inc.
6275 S. Pearl Street Suite 900
Las Vegas, NV 89120
email: ghenderson @meridiansv.com
City of Pasco
525 North Third Ave.
Pasco, WA 99301
Email: crutchfieldg @pasco - wa.gov
2. Severability: the provisions of this contract are severable. If any provision is found
to be unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
Headings:
The headings
of the paragraphs are for reference purposes
only and shall
not in any
way affect the
meaning or interpretation of the Agreement.
4. Counterparts: If this Agreement is executed in multiple counterparts, all counterparts
taken together will constitute this Agreement.
5. Ambiguities /Construction: The rule of construction that ambiguities in a document
will be construed against the party who drafted it will not be applied in interpreting
this Agreement.
6. No Special Relationship: The parties' relationship is that of an ordinary commercial
relationship, and they do not intend to create the relationship of principal and agent,
partnership, joint venture, or any other special relationship.
7. Entire Agreement: This contract, along with its attachments, constitutes the entire
agreement of the parties concerning this transaction. There are no oral
representations, warranties, agreements or promises pertaining to this transaction
which are not incorporated in writing in this Agreement.
8. Amendment or Modification: This contract may be amended only by an instrument in
writing signed by all parties.
9. No Waiver: Any waiver or failure to insist upon strict compliance with any term of
this Agreement shall not operate as a waiver of, or an estoppels with respect to, any
subsequent failure to comply.
10. No Third Party Beneficiaries: There are no third party beneficiaries of this
Agreement.
EXECUTED on this the 25th day of January, 2013.
Mobile Medical Vehicles, Inc. d/b /a Mobile Specialty Vehicles, Inc.
By:
Glen 1. Henderson
Vice President
City of Pasco
By:
Gary Crutchfield
City Manager
Mr. Crutchfield
City of Pasco
525 N. 3rd Ave.
Pasco, WA 99301
FRANKLIN COUNTY
EMERGENCY MANAGEMENT
502 Boeing Street
Pasco, WA 99301
(509) 545 -3546 Fax: (509) 545 -2139
RE: Transfer of Ownership Interest in Department of
Homeland Security Purchased Real Property,
Equipment, or Supplies
This letter serves as transfer of Franklin County Emergency Management's ownership interest in the
Department of Homeland Security purchased real property, equipment, or supplies listed in the enclosed
attachment, to the City of Pasco, Police Department. This transfer of ownership interest is contingent
upon the agreement as witnessed by the signature below, that the equipment will be retained, maintained,
and operated for its anticipated useful life to provide for the enhancement of public safety in support of
federally sponsored programs.
The undersigned, on behalf of the receiving jurisdiction, acknowledges that costs of maintenance and
operations as were supported by Franklin County Emergency Management funds will now be solely the
responsibility of the holding jurisdiction (City of Pasco, Police Department).
Finally, the recipient agrees to abide by the federally mandated use, inventory and cost recapture
requirements defined in 44CFR for acquisition of the SWAT vehicle via trade in of the mobile command
vehicle, and agree to abide by these mandated requirements. In addition, the recipient agrees to abide by
the Homeland Security/FEMA approved letter, requesting to trade in the mobile command vehicle for a
SWAT van.
Both parties agree that all liability for the transferred items on behalf of the transferring jurisdiction ends
upon execution of this letter by both parties. The transferring jurisdiction makes no warrantees, expressed
or implied about the items being transferred; the transfer is in "as -is" condition.
Sincerely,
Sean Davis, Director
Franklin County Emergency Management
Gary Crutchfield, City Manager Date:
City of Pasco
Attachments: Inventory of items included in this transfer of ownership interest
Trade In Request Letter to WA State and Department of Homeland Security
Email Approval from Blessing Guillermo (WA State) & Daniel Leary (DHS)
Page 1 of 2
FRANKLIN COUNTY
EMERGENCY MANAGEMENT
502 Boeing Street
Pasco, WA 99301
(509) 545 -3546 Fax: (509) 545 -2139
Inventory of Items Transferred to Pasco Police
Mobile Command Center
4UZACJDC35CV42474
05/24/05
262,430.00
SHSP'04 &
LETPP'04
97.004
97.067
Coastal Environmental Systems WHEATHERPAK4000
SHSP'04 &
97.004
TRx s /n: 9360
02/25/05
13,897.00
LETPP'04
97.067
ARINC WAVE for MCC - $72,106.65
29,114.02 &
SHSP'04 &
97.004
04/18/06
425992.63
SHSP `05
97.067
Page 2 of 2
FRANKLIN COUNTY
EMERGENCY MANAGEMENT
502 Boeing Street
Pasco, WA 99301
(509) 545 -3546 Fax: (509) 545 -2139
December 11, 2012
Blessing Guillermo, Homeland Security Section
Washington State Military Dept., EM
Building 20 / MS: TA -20
Camp Murray, WA 98430 -5122
Dear Blessing,
In May of 2005, a Mobile Command Vehicle (MCV) was purchased with Homeland
Security grant funds from the SHSP '04 and the LETPP '04 grants. The vehicle is
currently licensed /owned by Franklin County Emergency Management.
The vehicle will be 8 years old in May. None of the VHF radio equipment in the vehicle
has been updated to be narrow band compliant, and the 800 MHz system used in our
area was upgraded to digital, making the 800 MHz radio equipment in the vehicle
obsolete. The Benton County Sheriff's Office (BCSO) has a similar vehicle available on
a regional basis for use, if needed. The BCSO vehicle has had its communication
equipment upgraded and maintained. The Benton County Command Vehicle has the
interoperable communications ability to serve as an incident command center for any
incident in this region. Having the updated equipment seems to make this the best fit for
command incidents in our region.
That being said, the usefulness /utility of the Franklin County MCV has been greatly
depleted. The Pasco Police Department has requested to have ownership of the vehicle
transferred to their department. Pasco P.D. is the agency that originally ordered the
MCV, utilizing all of the LETPP '04 and their portion of the SHSP '04 grants.
When transferred, Pasco P.D. would like to trade the MCV in for a SWAT equipment
truck that is greatly needed in our area. It will replace a 20 year old vehicle that is now
obsolete due to the size of the regional SWAT team. The current, 20 year old truck, was
designed for 8 SWAT team members, the regional SWAT team now has 25 members.
Benton County purchased a "Bear Cat" SWAT vehicle last year for personnel transport
and this new equipment vehicle will be its companion to mostly carry SWAT equipment
and gear. Both of these vehicles will be utilized, in tandem, on a regional basis. Only one
Mobile Command Unit is needed for SWAT incidents and only one of them responds.
Typically it is the Benton County Mobile Command since it has the most up to date
Page 1 of 3
communications equipment. This leaves the Franklin County Mobile Command to
getting little use.
The Tri -City area's joint SWAT team is known as the Tri -City Regional SWAT Team and
is a newly formed (in 2009) team collaborating and maximizing our regional assets. This
team operates with Inter -local agreements and serves as the primary tactical response
team for all law enforcement incidents in Benton and Franklin Counties. They are
formally structured with each participating agency supplying manpower and resources.
The team responds to about 25 incidents a year and serves as the primary SWAT team
back up (relief) for WSP, Yakima, Walla Walla and Moses Lake.
This reallocation of resources and obtaining a SWAT equipment truck/van will enhance
the State of Washington's Emergency Strategic Plan in the following areas;
Goal 2: Prevent and disrupt terrorist attacks and hazardous incidents
o Objective 2.2: Enhance Counter - Terror Investigation and Law Enforcement
capability. Increase the capability to deter, detect, disrupt, investigate,
apprehend, and prosecute suspects involved in criminal activities related to
homeland security. By 2011: Increase the ability of the WSP Special Weapons
and Tactics (SWAT) team to operate in nighttime environments and to cover large
areas
The Tri -City Regional SWAT Team responds to all major tactical
incidents and will be the primary response for terrorist attacks and active
shooter incidents. They are responsible for the Columbia River Draw
(rail) Bridge critical infrastructure. The Ice Harbor dam hydro generating
station as well as the Hanford Reservation is areas of responsibility for the
Tri-City Regional SWAT Team.
The Tri -City Regional SWAT Team is the regions back up for WSP
SWAT. (Increase the ability of the WSP Special Weapons and Tactics
(SWAT) team to operate in nighttime environments and to cover large
area)
• Goal 3: Protect people, property, economy, and the environment
o OBJECTIVE 3.1: Enhance Critical Infrastructure Protection Capability
• The Tri -City Regional SWAT Team responds to all major tactical
incidents and will be the primary response for terrorist attacks and active
shooter incidents. We are responsible for the Columbia River Draw (rail)
Bridge critical infrastructure. The Ice Harbor Dam and Hydro generating
station as well as the Hanford Reservation are areas of responsibility for
the Tri -City Regional SWAT Team.
• The equipment truck will have a small incident command area that will
provide interoperable communication and incident command in high risk
locations. Overall command and first responder safety will not be
Page 2 of 3
hampered by unnecessary risk.
Goal 4: Respond to incidents effectively and in a coordinated manner
C) OBJECTIVE 4.1: Enhance On -Site Incident Management Capability
• Tri -City Regional SWAT Team provides incident protection and safety
against evolving threats. They are part of the NIMS incident command
system
o OBJECTIVE 4.9: Enhance Explosive Device Response Operations Capability
• Tri -City Regional SWAT Team responds with the Richland Police
Department's Bomb Detection unit that is the primary response for all
bomb explosive related threats in the region.
We are asking you to review our request to transfer ownership of the Mobile Command
Vehicle to Pasco Police, with the intention of them trading the vehicle in for a new SWAT
Van. Pasco Police have negotiated an agreement with a company that will take the
MCV in a straight trade for a new 2012 Ford SWAT Truck, valued at $159,875.00. If you
agree with this request, we then would ask you to forward the request on to Homeland
Security for final approval.
Thank you.
Sean Davis, Director
Franklin County Emergency Management
Page 3 of 3
RESOLUTION NO.
A Resolution
authorizing
acquisition
and disposal of certain vehicles in relation to
emergency services.
requires frequent maintenance activity
to ensure it
is
WHEREAS, the Franklin County Department of Emergency Management ( FCDEM),
using federal Homeland Security funds in 2005, purchased a mobile command vehicle (MCV)
for use by emergency services departments throughout Franklin County; and
WHEREAS, it has been the
experience
of
FCDEM that the MCV is
rarely used and
requires frequent maintenance activity
to ensure it
is
usable when desired; and
WHEREAS, FCDEM does not have funds to provide for the level of maintenance
appropriate for an MCV and the local emergency services departments have concluded the
maintenance obligations exceed the benefit of the MCV; and
WHEREAS, the Pasco Police Department has arranged to trade the MCV to a vendor in
exchange for a newly constructed SWAT vehicle which would be used to support the Tri- Cities
Regional SWAT Team; and
WHEREAS, FCDEM has obtained approval of the federal Department of Homeland
Security and Federal Emergency Management Agency (FEMA) to authorize the proposed
vehicle trade; and
WHEREAS, the Pasco City Council finds the proposed vehicle trade to be in the best
interest of Pasco citizens as well as the city's desire to collaborate with other agencies within the
region for the provision of cost - effective emergency services; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
Section 1. That the City Manager or his written designee is hereby authorized to execute all
documents necessary and appropriate to effect the acceptance and trade of the FCDEM
mobile command vehicle in exchange for a new SWAT vehicle to be owned by the City of
Pasco consistent with the contract attached hereto as Exhibit A.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on
the 4th day of February, 2013.
Matt Watkins, Mayor
Attest
Debra L. Clark, City Clerk
Approved as to Form:
Leland B. Kerr, Attorney
AGENDA REPORT NO, 2
FOR: City Council January 29, 2013
TO: Gary Crutchfie ebl Manager
Ahmad Qayouic Work s Director
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 02/04/13
SUBJECT: Bid Award: PWRF Optimization, Phases 1 & 2, Project #C7- SR- 1A -12 -01
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/04: MOTION: I move to award the low bid for the PWRF Optimization,
Phases 1 & 2 Project to Culbert Construction, Inc. in the
amount of $2,072,312.61, including applicable sales tax, and
further, authorize the Mayor to sign the contract documents.
III. FISCAL IMPACT:
Debt Service to Food Processors
IV. HISTORY AND FACTS BRIEF:
A) This project involves installation of approximately 4,300 if of 6 -in, 8 -in, 10 -in and
16 -in diameter HDPE SDR 11 pressure sewer pipe; construction of a wastewater
fine screenings facility; construction of a 20 -ft x 95 -ft x 10 -11 concrete
sedimentation basin; and construction of a solids handling pump station.
B) The project was originally advertised for construction during summer 2012. All
bids received significantly exceeded the fiscal constraints of the project and were
rejected.
C) Design modifications were made to the project in preparation for re- advertising.
D) The project was
re- advertised on
December
30,
2012, January 6, 2013 and
January 13, 2013,
with a bid opening
on January
29,
2013.
V. DISCUSSION:
A) On January 29, 2013, the City received four (4) bids for the project. The low bid
was received from Culbert Construction, Inc. in the amount of $2,072,312.61,
including applicable sales tax. The second lowest bid was received from Rotschy,
Inc. in the amount of $2,245,808.81, including applicable sales tax.
B) The Engineer's Estimate provided by the City's consultant (Cascade Earth
Sciences) was $2,418,120.00, including applicable sales tax.
C) Staff recommends award of the contract to Culbert Construction, Inc.
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City of Pasco
PWRF Optimization, Phases 1 & 2
Project No. C7- SR- 1A -12 -01
January 29, 2013
BID SUMMARY
Engineers Estimate $2,418,120.00
Culbert Construction, Inc. $2,072,312.61
Rotschy, Inc. $29245,808.81
William Charles West $2,435.031.72
Apollo, Inc. $2,5007406.28