HomeMy WebLinkAbout2013.04.08 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. April 8, 2013
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Presentation of Proclamation for "Mayor's Day of Recognition for National Service."
Mayor Matt Watkins to present Proclamation to Stephan Harrell, Director RSC- AmeriCorps.
(b) Pasco Public Facilities District Annual Report. (NO WRITTEN MATERIAL ON
AGENDA) Presented by Mark Morrissette, Pasco Public Facilities District Board President.
(c) Code Enforcement Board Interviews:
1. Agenda Report from Gary Crutchfield, City Manager dated April 4, 2013.
2. Applications (2) (Council packets only).
3. Resolution No. 3388.
(d) Waiver of Sewer Utility Service Requirement (5213 W. Court Street) (MF #USW2013-
006):
1. Agenda Report from Rick White, Community & Economic Development Director dated
April 3, 2013.
2. Vicinity Map.
3. Proposed Utility Service Waiver Agreement.
(e) Water Follies Agreement:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
March 28, 2013.
2. Agreement for Operation of Water Follies Event (2013 - 2015).
(t) City Hall Cooling Tower Replacement:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
April 1, 2013.
2. Bid Tab Sheet.
3. Proposed Public Works Contract.
(g) Code Amendment (MF #CA2011 -006) PMC Title 25 (Zoning) Revisions:
1. Agenda Report from Shane O'Neill, Planner I dated April 4, 2013.
2. Options as Recommended by the Planning Commission.
3. Planning Commission Minutes dated 2/28/13 and 3/21/13.
(h) Professional Services Agreement - CES - Construction Management:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 2, 2013.
2. Vicinity Map.
3. Professional Services Agreement with Scope of Services.
(i) Professional Services Agreement - Northwest Commons Lift Station:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated April 3, 2013.
2. Vicinity Map.
3. Professional Services Agreement.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
Workshop Meeting 2 April 8, 2013
6. EXECUTIVE SESSION:
(a)
(c)
7. ADJOURNMENT
REMINDERS:
1. 12:00 p.m., Monday, April 8, Pasco Red Lion — Pasco Chamber of Commerce Membership
Luncheon. (Presenter: Calvin Goings, US Small Business Association)
2. 6:00 p.m., Monday, April 8, Conference Room #1 — Old Fire Pension Board Meeting.
( COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.)
3. 6:30 p.m., Monday, April 8 (change of date and tune), City Hall, Conference Room #2 — LEOFF
Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA
FRANCIK)
4. 7:00 a.m., Thursday, April I1 — BFCG Tri -Mats Policy Advisory Committee Meeting.
( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
5. 7:00 p.m., Thursday, April 11, Transit Facility — Ben - Franklin Transit Board Meeting. (MAYOR
MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.)
AGENDA REPORT
TO: City Council
FROM: Gary Crutch i anager
SUBJECT: Code Enforcement Board Interviews
I. REFERENCE(S):
1. Application (2) (Council packets only)
2. Resolution No. 3388
April 4, 2013
Workshop Mtg.: 4/8/1
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
4/8: Council to conduct brief interviews with Daniel Gottschalk and Dwayne Speer.
III. HISTORY AND FACTS BRIEF:
A) The Code Enforcement Board is composed of five members; terms are for two
years. The board meets on the first Thursday of every month at 7:00 p.m. in the
City Hall Council Chambers.
B) The Code Enforcement Board hears controversies regarding alleged violations of
the city code, particularly property maintenance standards.
C) There are two positions whose terms have expired:
1.
Position No.
1
(currently
Daniel Gottschalk)
2.
Position No.
2
(currently
Dwayne Speer)
D) The Council screening committee recommends that, as outlined in Ordinance No.
3388, the incumbents in Position Nos. 1 and 2 be interviewed prior to
consideration for reappointment.
IV. DISCUSSION:
A) After conduct of interviews at the April 8 Workshop meeting, it is proposed that
appropriate appointments be made by the Mayor, subject to confirmation by the
Council, at the April 15 Business meeting.
4(c)
RESOLUTION NO, 33—f--14Z
A RESOLUTION
Providing
a Process for Appointments to
City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad -hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board /commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has served not more than two consecutive
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council f thcC of Pasco at its regular meeting this 16' day of April, 2012.
Matt Watkins, Mayor
T T: 1l APPR VEF1 AS TO FORM:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council n April 3, 2013
TO: Gary Crutch rconommic anager Workshop Mtg.: 4/8/2013
Regular Mtg.: 4/15/2013
FROM: Rick White,
Community Development Director 4-(
SUBJECT: Waiver of Sewer Utility Service Requirement 5213 W. Court St.) (MF# US W
2013 -006
I. REFERENCE(s):
1. Vicinity Map
2. Proposed Utility Service Waiver Agreement
II. ACTION REQUESTED OF COUNSIL /STAFF RECOMMENDATIONS:
4/8: Discussion
4/15: MOTION: I move to approve the sewer utility service waiver at 5213 West
Court Street and authorize the City Manager to sign the Waiver
Agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. In March 2013 the applicant applied for a utility service waiver to install a septic
system for new constriction of single family dwelling at 5213 Court Street. PMC
16.06 requires connection to the utility system when a building permit is issued
unless such requirement is waived by action of City Council.
B. Utility waivers are granted /denied by City Council in accord with the
requirements of PMC 16.06.050. This section of the PMC requires that City
Council base their decision based on the following criteria:
• Special circumstances applicable to the property in question or the
intended use that do not generally apply to other properties or classes of
uses in the same vicinity or zoning classification.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and
same zoning classification, which because of special circumstances is
denied to the property in question.
The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this
chapter.
C. The above criteria contained in 16.06.050 is established to measure unusual or
unique circumstances peculiar to a certain property that would justify waiver of a
requirement for utility connections similar to the way a land use variance would
be evaluated.
D. The recent, annexation of Riverview Area #2 poses a set of circumstances where
many developed and undeveloped properties share a common condition that
would justify a waiver from the requirement for sewer connection — the present
lack of sewer service and the ability of many platted lots to accommodate both an
on site septic system and future replacement fields.
V. DISCUSSION:
A. Presently, there is no sewer service provided near the property. The nearest
feasible location for a sewer line connection is approximately 2,800 feet from the
applicant's property and it is not cost effective for a private party or the City to
provide for the extension of such line. In addition, the Sewer Master Plan shows
this area is required to be served by lift stations if the area were to be served by
sewer in the future. It is clear that sewer infrastructure for this area is not in place
now nor will it be in the near future.
B. The applicant's property is similar and in some respects identical to much of the
surrounding residential development. All of the single family homes in this
vicinity have been developed with septic systems on relatively large lots. A local
improvement district to extend sewer to this part of Pasco is not likely due to the
existing zoning and development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It
is not expected that the waiver will be detrimental to public health or welfare in
this vicinity.
D. The granting of a waiver will not conflict with the intent of chapter 16.06 of the
PMC. The significant costs associated with immediate sewer line extension, the
low probability for the area to be served by city sewer infrastructure (pump
stations) in the near future and the unlikelihood of a local improvement district
leads staff to recommend that a waiver be granted for connection to the city sewer
system for the property.
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WHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
UTILITY SERVICE WAIVER AGREEMENT
(CHAPTER 16.06 PMC)
1) The undersigned is the owner of the real property situated in Franklin County, Washington addressed as
5213 West Court Street and described as;
Tax Parcel # 118- 651 -217
Legal: Lot 1, Farrel Second Addition, City of Pasco
2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC
and the Pasco City Council has by motion approved said waiver based on the following Findings:
a) Presently, there is no sewer service provided near the property. The nearest feasible location for a
sewer line connection is approximately 2,800 feet from the applicant's property and it is not cost
effective for a private party or the City to provide for the extension of such line. In addition, the
Sewer Master Plan shows this area is served by lift stations expected to be provided approximately
in the year 2025. While the date could change depending on the rate of development, it is accurate
to state that sewer infrastructure is not in place now or in the near future for extension to the
properties in question.
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed with
septic systems on relatively large lots. A local improvement district to extend sewer to this part of
Pasco is not likely at this time due do the existing development pattern in the area.
c) Standards for septic systems are administered through the Benton Franklin Health Department and
will apply to the installation of septic systems on this property. The property contains 43,417
square feet which is considered adequate for on — site disposal systems and the potential
replacement area. In other circumstances, smaller properties, properties with significant slopes or
properties with unusual soil conditions are likely to be problematic for the provision of both the on
— site system and the replacement area. It is not expected that the waiver on this property will be
detrimental to public health or welfare in this vicinity.
d) The granting of a waiver will not conflict with the intent of chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the provision of
infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local
improvement district in the near future support the granting of a waiver for connection to the city
sewer system for the property.
3) The waiver is conditioned upon the undersigned making the following agreements and acknowledgments
with the City, which the undersigned does hereby freely and voluntarily make:
a. The undersigned agrees to provide the City of Pasco with all necessary Health District approvals for the
use of a septic tank system at the above referenced property:
b. The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her
from any obligation that results from the formation of a Local Improvement District to provide sanitary
sewer to the undersigned's property.
c. The above covenants to the City shall run with the land and be binding on the owner, on the
undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter of the land
above described, or of any of said land described above.
d. A violation of any of the above covenants may be enjoined and the same enforced at the suit of the
City.
DATED this day of 20
Signature of Legal Property Owner(s) Signature of Legal Property Owner(s)
[.yIrwwel \rdl:b9,11NRY1Lit`►1
Ss.
County of Franklin
On this day personally appeared before me , to be known to be the
individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
This utility service waiver and agreement has been approved by the Pasco City Council on
20
Gary Crutchfield, City Manager
STATE OF WASHINGTON
ss.
County of Franklin
day of
On this day personally appeared before me, Gary Crutchfield, to be known to be the individual(s) described
in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20_
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
UTILITY SERVICE WAIVER AGREEMENT - PAGE 2
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AGENDA REPORT
FOR: City
TO: Gary
FROM: Rick Terway, DiVec
Administrative and
SUBJECT: Water Follies Agreement
I. REFERENCE(S):
Services
March 28, 2013
Workshop Mtg.: 4/8/13
Regular Mtg.: 4/15/13
A. Agreement for Operation of Water Follies Event (2013 - 2015)
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
4/8: Discussion
4/15: MOTION: I move to approve a three -year agreement with the Tri- Cities Water
Follies Association for the Water Follies event and further, authorize
the City Manager to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In 2009, City Council approved a three year agreement with the Water Follies
Association, setting forth the conditions for approval for the annual Water Follies
event at Wade Park and allowing streets south of Sylvester Street between Roads
36 and 56 to be closed for such event.
B) As the
prior agreement has expired,
the
attached agreement is presented to
Council
for approval for the 2013, 2014
and
2015 Water Follies events.
V. DISCUSSION:
A) The agreement is essentially the same as prior years. The Association is allowed
to close roads during the stipulated dates in Schedule 1. The dates for 2013 are
July 26 -28. The agreement allows for minor fee increases in years 2014 & 2015,
if approved by Water Follies Board.
B) The Association will provide adequate crowd and traffic control and First Aid
services. They will also deposit a check with the City in the amount of $1,500.00
to cover damage and clean-up and pay $1,000 for EMT staffing during the event.
C) The Association will provide general liability insurance through the American
Boat Racing Association in the amount of $5,000,000 and liquor liability
insurance of $1,000,000 per claim and $2,000,000 aggregate. Additionally,
$2,000,000 general liability insurance will be provided for contract vendors.
D) Staff recommends approval of the agreement.
4(e)
AGREEMENT FOR OPERATION OF
WATER FOLLIES EVENT
(2013 -2015)
This agreement is made and entered into this day of
20 , between the City of Pasco, hereinafter referred to as the "City," and the Tri -City Water
Follies Association, hereinafter referred to as the "Association."
WHEREAS, the Association has applied for the right to conduct the 2013, 2014 and 2015
Columbia Cup Unlimited Hydroplane Races on water adjacent to certain City lands and needs
the temporary use of such lands for said activity, and;
WHEREAS, this activity is planned for the enjoyment of the general public;
NOW THEREFORE, in consideration of the covenants and agreements herein contained
and the terms and conditions thereof, the parties agree to the following:
1
For the years 2013, 2014 and 2015, the City grants to the Association the temporary use
of the property for the periods defined in Schedule 1 within their respective boundaries described
in Exhibit "A ", attached hereto and by this reference made a part hereof, including all parking
lots together with the right of access thereto and therefrom.
I1
The Association shall be allowed to collect a donation fee from each person over 5 years
of age entering said land for viewing the hydroplane races, provided the proceeds are used solely
for the conduct of the program and necessary expenses incidental thereto. An accounting of all
revenue received shall be presented to the City before January I of the following year for each of
the three years this agreement shall remain in effect.
Donation and parking fee amounts and hours when fees may be collected are described in
Schedule "I". By agreement of the parties, details included in Schedule 1 may be amended from
year to year.
III
The Association shall be responsible for providing adequate personnel assistance in
vehicle parking, traffic and crowd control. In addition to providing adequate personnel for
vehicle parking, traffic and crowd control the Association must provide for adequate contract
police services. Police personnel are to be provided access to the venue at all time and will
maintain authority over civilian crowd control personnel in the event that police intervention is
necessary. Pasco Police Reserves may qualify as contract police services in lieu of regular police
officers as determined by the Chief of Police.
IV
A traffic and crowd control plan will be submitted to and shall have the written approval
of the City of Pasco Police Department no later than ten (10) days before the day race time trials
are to be held. The use of any barricade proposed for traffic control shall be included in the
traffic and crowd control plan. The City of Pasco will provide barricades for traffic control on
the residential streets which intersect with Sylvester Street on the south side. Barricades will be
delivered to the street corners designated in the plan. The Association shall be responsible for
setting up barricades; maintaining barricades following setup; and returning them to the drop -off
corners for City pickup. The Association shall be responsible for any damage to barricades.
The Association shall be responsible for furnishing and installing "No Parking" signs on
the north -south roads from Road 36 inclusive to Road 56 inclusive between Sylvester and Court
Street and along Sylvester Street from Road 36 to Road 56 the morning of the day of the time
trials, and for removing said signs by noon the following Monday. The signs and method of
installation shall be approved in writing by the City Engineer no later than three (3) days before
the day the time trials are to be held.
V
No
costs or liability
will accrue to the City due to the races,
traffic control, and parking
activities.
will
remain open to the public
during the
VI
The Association
will
not preempt the public use of all the
project recreation resources in
the area. Chiawana Park
will
remain open to the public
during the
races.
VII
The Association is responsible for returning all keys issued, clean up and restoration of
the area to pre -use condition to the satisfaction of the Administrative and Community Services
Director and Facilities Manager within ten (10) days of the day of the race. At least seven (7)
days before the day the time trials are to be held, the Association agrees to deposit a check in the
amount of One Thousand Five Hundred Dollars ($1,500) with the Administrative and
Community Services Director, payable to the City of Pasco, to cover potential damages and
extraordinary cleanup, repair and maintenance costs. If none accrue, the check will be returned to
the Association; otherwise, the check will be deposited to the account of the City of Pasco. Any
excess amount will be refunded. The Association agrees to pay any additional clean-up and /or
repair costs incurred by the City.
If, prior to the race, the City of Pasco Fire Chief requires fire control site preparation of
the river shore viewing area, the association will perform the necessary work, at its sole expense.
VIII
The Association will be permitted
to restrict public
use of said lands
during the period of
the hydroplane races from 12:00 p.m. the
Friday before the
race, to 6:00 p.m.,
Sunday, the day of
Agreement for Operation of Water Follies Event
page 2
the race. It will be necessary to close the Columbia River in the vicinity of Columbia Park to
commercial and pleasure boats, during the hydroplane races. The closure will be of an
intermittent type, as needed, when hydroplanes are actually on the course. Provisions to allow
emergency traffic and commercial traffic to pass through the closed area will be made by the
Association. River closure authorization must be obtained by a separate permit from the U.S.
Coast Guard setting forth the specific dates and time periods involved.
IX
The Association shall comply with all Federal, State and local laws and regulations.
The Association will
further comply with standards
and
recommendations of the State
and local health departments
in all matters concerning health
and
sanitation.
The Association shall be responsible for providing the necessary chemical toilets as
required by the local health department to serve the general public on Saturday and Sunday
during the races.
X
The Association may authorize concessions to be operated to accommodate the public.
All concessions will be operated under the supervision of the Benton - Franklin Public Health
Department and, if applicable, a City of Pasco business license.
If alcohol is sold or served, all necessary alcohol permits must be obtained, and sales and
consumption shall be in accordance with Washington State Liquor Control Board rules and
regulations. Alcohol consumption shall be permitted only within the designated beer /alcoholic
beverages gardens and special tent areas.
In addition to any alcohol permits or approvals required by the State of Washington, an
alcohol permit must also be obtained from City of Pasco Administrative and Community
Services Department.
XI
In all cases, admission to the various areas will not be limited to membership in any
organization, and there will be no discrimination made against any person or persons because of
race, color, religion, age, sex, national origin or disability.
XII
The Association agrees to maintain and pay for general liability insurance coverage
through American Boat Racing Association (ABRA) at all times hereof insuring the Association,
and the City, such insurance to afford protection of a limit of not less than $5,000,000.00. The
City shall be named as a certificate holder on the general liability insurance. Certificates of
coverage shall be provided to the City as described below.
Agreement for Operation of Water Follies Event
page 3
The Association agrees to require liquor liability insurance and general liability insurance
for the company with which it contracts for the fenced area commonly known as "the beer
garden" and for the company with which it contracts for the fenced area commonly known as
"Margarita Village" (spirituous liquor service). Such insurance shall afford protection to a limit
of not less than $1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the
City shall be named as additional insureds on the policies. The City shall be named as a
certificate holder. Certificates of coverage shall be delivered to the City as provided below.
The Association agrees to require general liability insurance from each company with
which it contracts as a vendor, such insurance to afford protection to a limit of not less than
$1,000,000.00 per claim, and $2,000,000.00 aggregate. The Association and the City shall be
named as additional insureds on the policies. The City shall be named as a certificate holder.
Certificates of coverage shall be delivered to the City as provided below.
Copies of the certificates of coverage shall be delivered to the City by the Association at
least fourteen (14) days before the day race time trials are to be held.
X1I1
The City and the Corps of Engineers shall not be liable or responsible for damages to
property or injuries to persons which may arise from or be incident to the Tri -City Water Follies
Association's use and occupation of said premises, including the areas shown on Exhibit "A"
and the City roads and rights -of -way south of Court Street and east of Road 60 inclusive to Road
34 inclusive, the person of the Association's officers, agents, servants, employees, or others,
including spectators or participants who may be on said premises at their invitation or the
invitation of any one of them. The Association shall hold the City harmless from any and all such
claims which may arise from any damage or injury above - mentioned, and shall at its expense
defend any and all actions which may be brought against the City upon such claims and shall pay
any and all judgments that may be recovered against the City upon such actions. Venue shall be
in Franklin County.
General Provisions. For the purpose of this Agreement, time is of the essence. In the
event of 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 costs.
The Association shall provide the Administrative and Community Services Director and
the Facilities Manager, or such other persons as designated by the Administrative and
Community Services Director, passes for the purpose of inspections for compliance with the
agreement..
Agreement for Operation of Water Follies Event
page 4
XIV
The Association shall provide one (1) first aid station in the park to provide public
assistance within the premises regarding first aid treatment and assuming the assistance for
public safety. Such activity shall meet all conditions and requirements of Mid - Columbia EMS
Council and Franklin County Emergency Management. The Association shall ensure
communication availability to contact Franklin County 911 Dispatch Center. The Association
also agrees to assist with cost of onsite EMT's at a cost of $1,000 per year made payable to the
City of Pasco prior to the event.
XV
This agreement is subject to the terms and conditions of the lease granted City of Pasco
by the United States dated July 29`h, 2009, W912EF- 1- 04 -13, and modifications thereto or any
subsequent agreements that the United States and the City may enter into with respect to the
premises. A copy of this agreement shall be on file in the office of the Pasco City Clerk, Pasco,
Washington. In the event said lease is relinquished by the City or terminated by the Government,
this agreement will also be canceled on the effective date agreed to between the City and the
Government.
XVI
This agreement may be amended by mutual agreement of the parties.
XVII
This agreement maybe cancelled by any party upon thirty (30) days written notice to the
other parties to the agreement.
Dated this day of 20_
TRI -CITY WATER FOLLIES ASSOCIATION, INC.
By:
President
CITY OF PASCO
By:
Gary Crutchfield, City Manager
APPROVED AS TO FORM:
By:
Date:
Leland B. Kerr, City Attorney
Agreement for Operation of Water Follies Event
page 5
SCHEDULEI
TRI -CITY WATER FOLLIES AGREEMENT
SCHEDULE 1: 2013 RACE
The Tri-City Water Follies Association may collect donation fees at admission gates between the hours of
S:OOam and 6:OOpm on Saturday, July 27, and Sunday, July 28, 2013 as specified below:
Donation Fee
Weekender Pass (Sat/Sun) $25
Saturday, July 28 $15
Sunday, July 29 $25
Children ages 6 — 12 $5 /day
Children under 6 Free
The Tri-City Water Follies Association may assess parking fees up to $10 per vehicle
TRI -CITY WATER FOLLIES AGREEMENT
SCHEDULE 1: 2014 RACE
The Tri-City Water Follies Association may collect donation fees at admission gates between the hours of
S:OOam and 6:OOpm on Saturday, July 26, and Sunday, July 27, 2014 as specified below:
Donation Fee
Weekender Pass (Sat/Sun) $25 with a maximum option increase to $30
Saturday, July 28 $15 with a maximum option increase to $20
Sunday, July 29 $25 with a maximum option increase to $30
Children ages 6 — 12 $5 /day with a maximum option increase to $10
Children under 6 Free
The Tri-City Water Follies Association may assess parking fees up to $10 per vehicle
TRI -CITY WATER FOLLIES AGREEMENT
SCHEDULE 1: 2015 RACE
The Tri -City Water Follies Association may collect donation fees at admission gates between the hours of
S:OOam and 6:OOpm on Saturday, July 25, and Sunday, July 26, 2015 as specified below:
Donation Fee
Weekender Pass (Sat/Sun) $25 with a maximum option increase to $30
Saturday, July 28 $15 with a maximum option increase to $20
Sunday, July 29 $25 with a maximum option increase to $30
Children ages 6 — 12 $5 /day with a maximum option increase to $10
Children under 6 Free
The Tri-City Water Follies Association may assess parking fees up to $10 per vehicle
AGENDA REPORT
FOR: City CouncJr !E APRIL 1, 2013
TO: Gary Crutcty Manager Workshop Mtg.: 4/8/13
Regular Mtg.: 4/15/13
FROM: Rick Terwaector, Administrative & Cod Services
SUBJECT: City Hall Cooling Tower Replacement
I. REFERENCE(S):
Bid tab sheet
Proposed Public Works Contract
Il. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/8: Discussion
4/15: MOTION: I move to approve public works contract, project number C5 -PF-
8R-13-03, for the purchase and installation of a Carrier Aqua Snap
chiller for City Hall from Apollo Sheet Metal Inc., not to exceed
$204,669.00 plus sales tax and, further, authorize the City Manager
to sign the agreement.
III. FISCAL IMPACT:
$204,669.00 plus sales tax — General Fund
IV. HISTORY AND FACTS BRIEF:
A) The structural integrity of the cooling system at City Hall is beginning to fail due
to corrosion. (water based system). The cooling system is 17 years old with a life
expectancy of 15 years.
V. DISCUSSION:
A) The structural integrity of the cooling tower and chiller are failing due to
corrosion and age. New technology and efficiency suggest we replace both the
cooling tower and chiller. In addition, due to the age of the units, replacement
parts are becoming less readily available and increasing in costs.
B) The new system is an air based system as opposed to the previous water based
system which reduces the size and complexity of the system. The energy
efficiency also increases from 70% to 92 %, which will equate to a cost savings
over time.
C)
Three bids were received with
the low bid being from
Apollo Sheet Metal Inc. in
the amount of
$204,669.00
D) Staff recommends approval of this contract.
4(f)
0100/On4 O
BID TABULATION -
City Hall Cooling Tower Replacement
Contractor
Bid excluding Sales
Tax
1
Apollo Sheet Metal Inc
$2043669.00
2
TJ's Refrigeration
$207,800.00
3
Kollmar Inc
$2122689.00
CONTRACT
City Hall Cooling Tower Replacement
Project No. C5- PF- 8R -13 -03
STATE OF WASHINGTON
ss
COUNTY OF FRANKLIN
This agreement and contract made and entered into this day of 2013 by
and between the City of Pasco a municipal corporation, hereinafter called the 'City' and Apollo Sheet
Metal Inc. hereinafter called the 'Contractor'.
WITNESSETH:
That whereas, the City has caused to be prepared certain plans and specifications for improvements in
and for the City of Pasco and the Contractor did on the 15th day of August, 2012 file with the Office of
the Administrative and Community Services of the City of Pasco, Washington, a Proposal to furnish all
equipment, labor, materials and appurtenances and to pay for the same, and agreed to accept for and in
full consideration of the sums fully stated and set forth in said Proposal as full compensation for the
completed work, Attachment W.
WHEREAS, the said plans, specifications and proposal fully and accurately described the terms and
conditions upon which the contractor proposes to furnish said equipment, labor, tools, materials and
appurtenances and perform work, together with the manner and time of furnishing the same.
It is therefore agreed, first that a copy of said specifications, plans and proposal, filed as aforesaid on the
15th day of August, 2012 be attached hereto and the same are hereby made the items and conditions of
this agreement by and between the City and Contractor in all matters and things therein set forth and
described; and further that the City and the Contractor accept and agree to the terms and conditions of
said plans, specifications and proposal as filed as completely as if said terms and conditions and plans
are herein set out in full.
Payment for work described in Attachment 'N will be in two (2) installments; one when the unit arrives
and a second payment upon completion of installation. City agrees to pay all permitting fees required by
the City.
In witness whereof the
parties hereto
have caused this agreement
to be executed the day and year
herein above written
day of
2013.
CITY OF PASCO
BY:
ATTEST:
Gary Crutchfield, City Manager Contractor Signature
Debra L. Clark, City Clerk
Approved as to form:
Lee Kerr, City Attorney
By: Printed Name
)Ilo Sheet Metal, Inc.
August 15, 2012
City of Pasco
525 N 3`d
Pasco WA 99301
Re: Budget Chiller pricing
Apollo Sheet Metal Inc proposes the following installation.
Remove existing chiller and cooling tower.
PO Box 7287
1207 W. Columbia Drive
Kennewick, WA 99336
Ph 509- 586 -1104
Fax 509 -582 -6590
www.apollosm.com
Install anew Carrier Aqua Snap air cooled chiller 150 ton capacity.
6 All necessary water piping to tie into existing piping.
W High and low voltage electrical connections.
Integrate chiller into existing control system.
e Complete start up and operational check.
Price $ 204,669.00 Plus wsst,Auth sign
This price does not include NJechanical permit if required.
Any questions please call,
Thanks Gene Batey
An equal opportunity employer
e4ttachment
AGENDA REPORT
FOR: City Council April 4. 2013
TO: Gary CrutchfijEonomic 'ty anager Workshop Mtg.: 4/8/13
Rick White,
Community Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: Code Amendment: (MF # CA2011 -006) PMC Title 25 (Zoning) Revisions
I. REFERENCES
1. Options as recommended by the Planning Commission
2. Planning Commission minutes dated 2/28/13 and 3/21/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/8: Discussion
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Following three public workshop sessions in mid to late 2012, the Planning
Commission held a public hearing on November 15`h to consider an inventory of
Zoning Code amendments.
B. Following the public hearing, the Planning Commission recommended Title 25 be
amended to incorporate the inventory of Code Amendments.
C. Council reviewed the Planning Commission recommendation at the workshop
meeting of January 14, 2013 and recommended that several items be revisited: RS -12
& RS -20 District detached garages, caretaker's residences and home occupations.
D. At the February 28 workshop the Planning Cormission recommended to increase the
allowable size of detached garages in the RS -20 District to 1,600 square feet. The
Commission also recommended incremental increases in maximum garage size based
on a parcel's land area in both RS -20 & RS -12 Districts. The Planning Commission
also recommended increasing the number of students allowed for tutoring as a home
occupation from 3 to 4.
E. At the March 21 workshop the Planning Commission recommended a new set of
standards regulating caretaker's residences.
V. DISCUSSION:
A. The amendment proposed for the RS -20 District increases the base maximum
detached garage floor area from 1,200 square feet to 1,600 square feet, and also
allows garage floor area increases based on parcel size — an additional 400 square feet
for every 20,000 square feet of lot size. The proposed amendment also incorporates
incremental garage floor area increases in the RS -12 Districts — an additional 260
square feet for every 12,000 square feet of lot size.
B. The proposed revision regulating home occupations allows in -home student tutoring
for up to four (4) students. Code research of surrounding municipalities revealed that
four is most commonly used number of people allowed to visit home occupations
each day.
C. The recommendation by the Planning Commission for caretaker's residences includes
a criteria restricting the surrounding vicinity be no more than forty percent (40 %)
developed. The development criteria aims to ensure residences in commercial and
industrial zones are in isolated areas of the community where increased security is
needed. It also includes a recommendation that a caretaker's residence be a
recreational vehicle to ensure it is a "temporary" use, and a provision for review by
the Planning Commission every two years.
D. Staff requests Council consider the revisions as recommended by the Planning
Commission. An ordinance reflecting Council direction on the proposed amendments
will be brought back to Council for action.
Options Preferred by Planning Commission on February 28
RS -20 Detached Garaees
[1,600 ft' base area allowance]
25.22.030
(1) Detached residential garages as defined in Section 25.12.200,
provided they do not exceed the height of 18 feet and are no larger than
4W 1 600 square feet in area. For each additional 20,000 square feet of
lot area, the gross floor area of detached shops and garages can be
To create consistency
between practice and
the provisions to allow
floor area increases for
sheds;
PERMITTED ACCESSORY USES.
The
following uses
shall be
(RS -20
zone)
floor are allowance for
permitted as accessory to a permitted use
in the
R -S -20 suburban
district:
(1) Detached residential garages as defined in Section 25.12.200,
provided they do not exceed the height of 18 feet and are no larger than
4W 1 600 square feet in area. For each additional 20,000 square feet of
lot area, the gross floor area of detached shops and garages can be
To create consistency
between practice and
the provisions to allow
floor area increases for
sheds;
increased by 400 square feet;
(2) Home occupations as defined in Section 25.12.220;
Increase the baseline
(3) Storage buildings cumulatively not exceeding 480 square feet of
floor are allowance for
gross floor area and fifteen feet in height; provided no container storage,
detached shops /garages
as defined in Section 25.12.430, shall be permitted. For each additional
from 1200ftz to 1600ft2
20,000 square feet of lot area, the gross floor area of storage sheds can be
increased by 400 square feet;
(4) Agricultural uses (limited), as defined in Section 25.12.040,
except that the keeping of animals shall be permitted on parcels consisting
of ten thousand (10,000) square feet over and above an area equal in size
to 12,000 square feet set aside for the dwelling on the parcel;
(5) One animal unit (as defined in Section 25.12.065) shall be
allowed for each full ten thousand square foot increment of land over and
above an area equal in size to 12,000 square feet set aside for the dwelling
on the same parcel; provided that all barns, barnyards, chicken houses, or
corrals shall be located not less than twenty -five feet from a public
roadway and not less than ten feet from any adjoining or abutting property
held under separate ownership; and provided said number of chickens,
fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals
does not exceed three dogs and three cats;
(7) Family day care home in conformance with WAC 388 -73 as now
existing and as amended and PMC Chapter 25.66; and
(8) Accessory dwellings;
(9) Family home preschool in conformance with PMC Chapter 25.66;
and
(-9) 10 For lots with a minimum of 5,000 square feet but less than
22,000 square feet and containing only one single - family dwelling unit, the
keeping of dogs, cats, rabbits, and chicken hens, provided such number of
animals does not exceed three dogs, and/or three cats, and/or three rabbits
and /or three chicken hens, the total number of animals not to exceed six; in
To clarify practice and
all cases, animals shall not be allowed to roam or fly to other properties;
to create consistency
roosters are not allowed.
with other residential
districts
RS -12 Detached Garages
25.24.030
PERMITTED ACCESSORY USES. The following uses shall be
(RS -12 zone)
permitted as accessory to a permitted use in the R -S -12 suburban district:
(1) Detached residential garages as defined in Section 25.12.200,
provided they do not exceed 18 feet in height and 1,200 square feet in
area. For each additional 12,000 square feet of lot area, the gross floor
area of
detached shops and garages can be increased b 2y 60 square feet;
To create consistency
(2) Home occupations as defined in Section 25.12.220;
between practice and
(3) Storage buildings cumulatively not exceeding 260 square feet of
the provisions to allow
gross floor -area and fifteen feet in height; provided no container storage,
floor area increases for
as defined in Section 25.12.430, shall be permitted. For each additional
sheds
12,000 square feet of lot area the gross floor area of storage sheds can be
increased by 260 square feet;
(4) Agricultural uses (limited), as defined in Section 25.12.040,
except that the keeping of animals shall be permitted on parcels consisting
of ten thousand (10,000) square feet over and above an area equal in size
to 12,000 square feet set aside for the dwelling on the parcel;
(5) One animal unit (as defined in Section 25.12.065) shall be
allowed for each full ten thousand square foot increment of land over and
above an area equal in size to 12,000 square feet set aside for the dwelling
on the same parcel; provided that all bams, barnyards, chicken houses, or
corrals shall be located not less than twenty -five feet from a public
roadway and not less than ten feet from any adjoining or abutting property
held under separate ownership; and provided said number of chickens,
fowl or rabbits does not exceed 2 animal units;
(6) The keeping of dogs and cats, provided such number of animals
does not exceed three dogs and three cats;
(7) Family day care home in conformance with WAC 388 -73 as now
existing and as amended and Chapter 25.66; -and
(8) Accessory dwellings;
(9) For lots with a minimum of 5,000 square feet but less than 22,000
square feet and containing only one single - family dwelling unit, the
keeping of dogs, cats, rabbits, and chicken hens, provided such number of
animals does not exceed three dogs, and/or three cats, and/or three rabbits
and/or three chicken hens, the total number of animals not to exceed six;
in all cases, animals shall not be allowed to roam or fly to other
properties; roosters are not allowed
To clarify practice and
(10) Family home preschool in conformance with PMC Chapter
to create consistency
25.66.
with other residential
districts
Home Occupations
25.66.040(9) ENVIRONMENTAL STANDARDS. All home occupations shall
(Home conform to the following standards:
Occupations) (1) Be clearly subordinate to the principal use of the property
for residential purposes;
(2) Not involve modification of the property or exterior of its
structures that indicates other than residential uses of the premises;
(3) Is performed entirely within a permanent structure upon
the premises;
(4) No signs, display or other advertisement upon the
property;
(5) No media or other off - premises advertising shall give the
address or location of the home occupation;
(6) No outside storage of materials, supplies, products or by-
products, or equipment, except a single occupational vehicle not
exceeding 14,000 pounds Gross Vehicle Weight (GVW);
(7) Be conducted solely by persons residing within the
dwelling unit upon the premises, subject to the definition of family;
(8) Except for articles produced thereon, no merchandise,
products, goods or wares may be displayed or offered for sale upon the
premises;
(9) No occupation requiring the customer or client to be
present upon the premises while the profession, trade, skill or service is
performed shall be allowed, except for private tutoring or instruction for 4
or fewer students per 24 -hour period;
(10) No more than 68 customer vehicles may visit the dwelling
in a given day;
(11) Noise generated by the home occupation, detectable at any
property line, shall not be in excess of the following standards:
(a) 8:00 am. to 8:00 p.m.: 55 dba.
(b) 8:00 p.m. to 8:00 am.: 45 dba.
(12) No material or substance which is explosive, highly
flammable, corrosive, radioactive or toxic shall be stored, created, utilized
or discarded in any way without prior knowledge of and written approval
by the city; provided the means or methods necessary for safety purposes
do not conflict with other standards established herein;
(13) The home occupation shall not generate light or glare,
vibration, fumes or odors, or permit other conditions to occur or be
present, which annoys, injures, or endangers the comfort, health, repose,
decency or otherwise comfortable enjoyment of life and property of
neighboring or surrounding residents, in accordance with the intent of this
chapter and nuisances as defined in Chapter 9.60 of the Municipal Code.
(14) The home occupation shall not occupy more than twenty (20)
percent of the gross floor area of the residence. All of an attached or
detached garage may be used for a home occupation provided the area of
the garage to be utilized does not exceed six hundred (600) square feet.
Allows student tutoring
as a home occupation
and correspondingly
increase the number of
customer vehicles to 8
Caretaker's Residence Option Preferred by Plannine Commission on March 21
Option #2
(Option 2 establishes a forty percent (40 %) development criteria within the "vicinity" to
qualify for location of the caretaker's residence, requires caretaker's residences be
recreational vehicles and requires Planning Commission review every 2 years.)
25.70.060 CARETAKER'S RESIDENCE. In the commercial and industrial districts, a
caretaker's residence may be permitted by special permit as an accessory use, provided
the following circumstances are demonstrated by the applicant:
(1) The caretaker's residence is solely intended to provide security for the established
principal permitted use of the property;
(2) The caretaker's residence is within a commercial or industrial area with less than fort y
percent (40 %) of parcels within the surrounding vicinity, defined as a 300 ft. radius from
the site, being developed. The term "developed" shall mean a parcel containing at least
one permitted structure or land use with a current City of Pasco Business License;
(33) The residential structure, to ...hide faete fy assembled homes limited to recreational
vehicles, will be located on a parcel at least two times the size of the caretaker's
residence;
(4) The s4zuetiafe will eenferm to othef YY regulations
st.,�es. A special permit granted for a caretaker's residence may be reviewed annually
upon written request of owners of property within three hundred feet of such residence or
upon written request of the city building official. rn t'^° absenee ,. f writte _egtfest fer
the .. eeial ,...._.:t shall au4ai a iea4l . be emended c
- -..�.., ,. .,Y:�.,,. Y......., .... ,...� „ ... moo. 0ne7e ; and
(5) The special permit shall be reviewed by the Planning Commission biennially to
determine if the surrounding vicinity within a 300 foot radius is at least 40% developed.
If the area is at least 40% developed, the caretaker's residence shall be removed from the
site within one year of the review date; and
(6) The recreational vehicle may not be located on -site in such a way that it becomes a
permanent structure.
PLANNING COMMISSION MINUTES
February 28, 2013
C, Code Amendment Title 25 Code Revisions (MF# CA2011 -0061
Chairwoman Kempf read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, discussed the
proposed Pasco Municipal Code (PMC) Title 25 revisions and asked for input
from the Planning Commission on sections of the code identified by Council for
modification with directives: PMC 25.22.030(1) RS -20 (detached garage size)
Council would like to allow one or more options for incremental increases in
floor area for detached residential shops and garages based on land area, PMC
25.24.030(1) RS -12 (detached garage size) Council would like to allow one or
more options for incremental increases in floor area for detached residential
shops and garages based on land area, PMC 25.66 Home Occupations Council
would like the Planning Commission to review the proposed maximum number
of students allowed to be tutored and PMC 25.70.050 Caretaker's Residencies
Council would like the Planning Commission to insert objective and
measureable criteria related to the proposed terminology "substantially
undeveloped residential or commercial neighborhood ".
The first option for accessory structures in the RS -20 Zone is taking the
existing wording, of 1,200 maximum that a detached garage or shop could be
and for each additional 20,000 square feet it could be increased by 400 square
feet. The second option increases the maximum detached garage size to 1,600
square feet and for each additional 20,000 square feet it could be increased by
400 square feet. The same options have been applied to the RS -12 Zone except
the maximum of 1,200 square feet for the detached shop or garage was kept
and allowed the size to be larger based on the additional lot area of 12,000
square feet.
Commissioner Hilliard asked how the 400 additional square feet was
determined based on the lot size increase.
Mr. White responded that it was based on a premise of an area with very large
lots with a need for more storage or garage space. For every 20,000 square feet
in addition there might be a need for more storage space.
Commissioner Hilliard stated that the proposed options seem reasonable but
preferred the second option that allowed for 1,600 square feet as the maximum
size with an additional 400 square feet for each additional 20,000 square feet
of lot size.
Commissioner Anderson agreed with Commissioner Hilliard that option 2 was
the best option.
Commissioner Greenaway, Chairwoman Kempf and Commissioner Khan all
agreed with option 2.
The Commissioners also agreed that option 2 was best for the RS -12 Zone.
Mr. White then asked what the Commissioners felt was an appropriate number
of students at one time allowed to be tutored in home occupations. City staff
checked with neighboring cities and Kennewick allows 4 students in a 24 hour
period, Richland allows 4 students, Yakima allows 5 students and Walla Walla
says "whatever is customary in their neighborhood ".
Commissioner Hilliard
stated that he
believes 4 students in
a
24 hour period is
reasonable
and
would
not cause any
serious traffic impacts
to
a neighborhood.
Commissioner Greenaway and Chairwoman Kempf agreed with Commissioner
Hilliard.
Commissioner Khan stated that it depends on the neighborhood but 4 students
in a 24 hour period did not seem unreasonable.
There was a consensus with 4 students in a 24 hour period.
Mr. White asked the Commissioners for input on the term "substantially
undeveloped residential or commercial neighborhoods" in regards to caretaker's
residencies. The proposed wording in the PMC is, "The caretaker's residence is
within a commercial or industrial area with less than thirty percent (30 %) of
parcels within the surrounding vicinity, defined as a 300 ft. radius from the
site, being developed. The term "developed" shall mean a parcel containing at
least one permitted structure or land use with a current City of Pasco Business
License ".
Commissioner Anderson asked where the 30% came from.
Mr. White answered that it is an arbitrary number.
Commissioner Anderson gave an example of the caretaker's residence on South
25th Avenue that would not be eligible yet someone who has a business on
East B Circle would be eligible.
Mr. White answered yes.
Commissioner Anderson stated that in areas of the city that are built up he
doesn't see the need for a caretaker's residence however out in areas with less
development then there might be a need.
Commissioner Khan asked if the objective of the revision to the code to make it
more difficult for someone to have a caretaker's residence.
Mr. White answered that the revision is to establish a measurement into the
ordinance on caretaker's residencies for the word "substantially developed ".
Commissioner Anderson responded that he would defer to staff on the amount
since it is arbitrary.
Chairwoman Kempf responded that 30% developed seemed like a reasonable
amount.
Commissioner Hilliard stated that he would have to defer to staff as well. He
doesn't know what would be defined as substantially developed.
Commissioner Khan stated that she was disconcerted with the arbitrary 30%
as "substantially developed" because the language might automatically not
allow for a caretaker's residency is certain areas. She asked if a special permit
could still be used to allow for a caretaker's residence if there was a special
need for the applicant even though the area might be developed over 30 %.
Mr. White stated that the Planning Commission would need to have findings
that would justify making contrary recommendations to what is in the code. It
would not preclude the ability to approve or deny for a special permit but it
would be difficult given the criteria.
The Commissioners were all in agreement with 30% being a reasonable number
for "substantially developed" areas.
Mr. White stated that staff will present the recommendations to City Council as
agreed upon.
PLANNING COMMISSION MINUTES
March 21, 2013
B. Code Amendment Title 25 Code Revisions (Caretaker's Residences)
(MF# CA2011 -006)
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for Title 25 for the Pasco Municipal Code (PMC) for caretaker's
residencies. At the previous meeting Planning Commission had already
reviewed and settled on a 30 percent ratio in terms of development around an
area to apply to the applications for a caretaker's residence.
Staff had a different angle involving fostering a permanent structure in an area
where only a caretaker's structure might be appropriate. Staff took a look at
the wording and came back with a consideration for the Planning Commission
to de- permanent the application for a caretaker's residence in the sense that a
recreational vehicle would be allowed to be used and not a site -set mobile
home, which tends to become a permanent piece of property as supposed to
something that could be started up and wheeled off. Staff has proposed two
options to the Planning Commission, both including a recreational vehicle
rather than a site -set mobile home. The difference between the two options
would be the amount of development in the area of the caretaker's residency,
either 30% developed or 40% developed.
Commissioner Hilliard agreed with the direction staff was heading and
preferred option 2, with 40% of development as the reasonable amount of
development in an area for a caretaker's residency. He liked that staff added a
recreational vehicle to keep from having a permanent structure on site.
Commissioner Anderson stated that he would prefer optionl, with 30% being
the reasonable amount of development for the caretaker's residence. He did
like the addition of the recreational vehicle.
Commissioner Greenaway stated that she preferred option 2, with 40%
development.
Commissioner Kempf stated that she preferred option 1, with 30%
development. She asked staff about a timeframe for the recreational vehicle to
remain on site.
Mr. White responded
that
a timeline
would be based on the functionality of the
recreational vehicle.
If it
connected
to utilities it can be classified by the state
as a primary residence which would involve the timeframe in which a person
lived in the recreational vehicle during the calendar year.
Chairman Cruz responded that with the addition of the recreational vehicle
provision he would lean towards development up to 40% because it is an issue
that comes up a lot and being more generous in the amount of development
would preclude people from wanting to push for establishing secondary
residencies in the back of their businesses. It could perhaps be revisited in a
couple of years if it doesn't work out.
Mr. White added that there is a review built into the proposed language for
every two years.
The Planning Commission members were in agreement that 40% development
would be reasonable.
AGENDA REPORT NO. 16
FOR: City Council[) April 2, 2013
TO: Gary Crutch Manager
FROM: Ahmad Qayo mi, P lic Works Director Workshop Mtg.: 4/8/13
Regular Mtg.: 4/15/13
SUBJECT: Professional Services Agreement — CES — Construction Management
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement with Scope of Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
4/8: Discussion
4/15: MOTION: I move to approve the Professional Services Agreement with CES
authorizing Construction Management Services for Phase I and II
of the Industrial Reuse project in the amount of $420,700, and
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
Debt Services to Food Processors
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 farm circles
for treatment and reuse. Without additional land or other changes, 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 bid
was awarded on February 4, 2013.
C) The optimization includes a number of Capital Improvement and the addition of
infrastructures that need to be managed as a system.
D) Staff employed the services of CES to design Phase III of the improvements as
outlined in the optimization study. Council approved the professional services
agreement on 2/4/2013.
V. DISCUSSION:
A) Staff proposes construction management for Phases I and II of the Industrial Reuse
project.
B) The Professional Services Contract includes additional design work that was
completed by CES in Phases I and II for value engineering and rebidding.
C) The construction service amount and the additional design work were part of the
debt services estimate that was approved by the food processors.
D) The fee for this work is $420,700 and Staff recommends approval of the proposed
professional services agreement.
4(h)
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PROFESSIONAL SERVICES AGREEMENT
PROCESS WATER TREATMENT SYSTEM OPTIMIZATION
CONSTRUCTION MANAGEMENT
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City ", and CES, hereinafter referred to as
"Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project ").
2. Term. This Project shall begin on April 15, 2013, and promptly be completed by
December 31, 2013, in accordance with the schedule.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. 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 Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for
work performed under
this Agreement upon
timely submitted
invoices detailing
work performed and
expenses for which
reimbursement is
sought. The City shall approve all invoices before payment is
Professional Services Agreement- 1
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
[X] Fixed Sum: A total of $420,700; or
[ 1 Other:
for all work performed and expenses incurred under this Agreement
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Professional Services Agreement- 2
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary ", or a
"trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed 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
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
Professional Services Agreement- 3
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
request by the City for such records within five (5) business days by either
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
Professional Services Agreement- 4
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
91 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
9. 1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
Professional Services Agreement- 5
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[ ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
[X ] $1 million each occurrence; and $2 million general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
[X ] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self- insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
Professional Services Agreement- 6
notice by certified mail, return receipt requested, has been given to the
City.
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall fiimish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure fall compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
Professional Services Agreement- 7
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terms of this
Agreement.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e -mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Ahmad Qayoumi
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia@pasco- wa.gov
14.3.2 For the Consultant: CES
12720 E. Nora Ave., Ste. A
Spokane, WA 99216
52
15. Dispute Resolution.
Professional Services Agreement- 8
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
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, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17. Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Professional Services Agreement- 9
CES
By:
12720 E. Nora Ave., Ste. A
Spokane, WA 99216
E -Mail
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 - Phases 1 and 2 Value Engineering, Redesign,
Rebid, and Construction Management and Inspection
Dear Mr. Qayoumi:
Cascade Earth Sciences (CES) is pleased to submit this proposal for Phase 1 and Phase 2 Value
Engineering, Redesign, Rebid, and Construction Management and Inspection associated with
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 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 fields 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 management and
operational improvements and making several capital improvements.
CES developed a Process Water Treatment System Optimization and Capital Improvement Plan
consisting of four phases to implement these strategies and increase agronomic capacity.
• Phase 1 improvements include fine screening and implementation of improved field
monitoring and management.
• Phase 2 improvements include sediment removal and surface (skim) removal of fats, oil,
and grease (FOG).
CES
® Cascade Earth Sciences
A valmontV COMPANY
Conserving
Resources. Improving
Life.
12720 E. Nora Ave.,
Ste. A Ph: 509.921.0290
Spokane, WA
99216 Fax: 509.921.1788
February 21, 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 - Phases 1 and 2 Value Engineering, Redesign,
Rebid, and Construction Management and Inspection
Dear Mr. Qayoumi:
Cascade Earth Sciences (CES) is pleased to submit this proposal for Phase 1 and Phase 2 Value
Engineering, Redesign, Rebid, and Construction Management and Inspection associated with
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 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 fields 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 management and
operational improvements and making several capital improvements.
CES developed a Process Water Treatment System Optimization and Capital Improvement Plan
consisting of four phases to implement these strategies and increase agronomic capacity.
• Phase 1 improvements include fine screening and implementation of improved field
monitoring and management.
• Phase 2 improvements include sediment removal and surface (skim) removal of fats, oil,
and grease (FOG).
Tor. Ahmad Qayounri - City of Pasco
Process Water Treatment System Optimization and Improvement Plan EL
Phases 1 and 2 Redesign /Rebid and Construction Management and Inspection
February 21, 2013
Page 2
• Phase 3 includes the construction of an Advanced Facultative Pond (AFP) to provide
further biochemical oxygen demand (BOD) reduction and additional storage capacity.
• Further increases in system capacity will come from expanding the total land base,
which is considered Phase 4.
Schedule
The Process Water Treatment System Optimization and Capital Improvement Plan was
completed in 2011. The engineering and design of Phases 1 and 2 was completed in June 2012.
However, the construction bid was rejected due to cost and the City asked CES to value
engineer, redesign, and rebid Phases 1 and 2 with the goal of reducing construction costs, which
was completed in January 2013. This approach was successful in reducing the construction cost
bid amount by $785,000. The Phase 1 and 2 construction was awarded in February 2013 and is
scheduled for completion by the fall of 2013.
Also scheduled for 2013 is the Phase 1 implementation of improved field monitoring and
management. This includes the System Management Improvements and the Data Management
System. The engineering and design of Phase 3 (BOD Reduction and Additional Storage) is
scheduled for 2013 to meet a planned construction schedule for late 2013 or 2014. The water
quality and operational 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.
Objectives
This proposal is for Phase 1 and Phase 2 Value Engineering, Redesign, Rebid; Process Control
Narrative; and Construction Management as part of the Process Water Treatment System
Optimization and Capital Improvement Plan. This proposal has been prepared to provide a
scope of work and cost for:
1. Value engineering, redesign, revisions to the construction documents, and rebidding the
project. Additional effort also required project management that included planning
meetings with the City and the Food Processors.
2. Process control narrative for system operation programming, and
3. Construction management.
Scope of Work
This scope of work has been prepared to cover the costs already incurred to value engineer,
redesign, and rebid Phases 1 and 2; and for construction management and inspection of Phases
1 and 2.
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System Optimization and Improvement Plan
Phases 1 and 2 Redesign/ Rebid and Construction Management and Inspection
February 21, 2013
Page 3
Task 1 Value Engineering, Redesign, and Rebid
The purpose of this task is to cover the costs incurred to redesign Phases 1 and 2 to gain
additional value and reduce construction costs compared to the original design, while at the
same time, maintaining the required function and operational features to meet the project
needs. CES redesigned several systems and associated components to reduce infrastructure
and construction costs, revised the engineering drawings and technical specifications, prepared
a new bid package, and provided assistance during the rebid process for the construction of
Phases 1 and 2. CES also met with the City on multiple occasions, met with the Food
Processors, prepared updated cost estimates at the request of the City to assist with preparing
the debt services agreement, and met with each Food Processor to review the individual debt
services plan for approval.
These services have been provided to the City at the City's request. These costs and have been
incurred between June 2012 and February 2013 and subsequently put on hold over this time
within CES pending approval of the debt service plan by the Food Processors (completed
December 2012) and award of the Phases 1 and 2 construction bid (completed February 2013).
The City requested that these services be included within this proposal since they were required
to achieve the Phase 1 and 2 construction project award success. The value of these services, in
part, resulted in successfully reducing the construction bid by $785,000.
Task 1 Subtotal Cost: $98,800.00
Task 2 Controls Narrative
With the Phases 1 and 2 construction plan finalized, the associated system controls and
programming can now be accurately envisioned and a narrative written to reflect the desired
operations. The purpose of this task is for CES to write the process control narrative. This
narrative is necessary to achieve a proper operating system for the Process Water Reuse Facility
(PWRF) for the Food Processors and especially for the PWRF operators who must run the
system day to day without failures and problems. The controls narrative is also necessary to
provide accurate guidance to the control programmers who need to program the system.
Task 2 Subtotal Cost: $8,900.00
Task 3 Construction Management
Construction management will consist of project administration, on -site services, engineer
services, closure, and project and budget management.
Project Administration
Project administration will include review of contractor's proposed schedule and schedule of
values for the construction. CES will review the contractor's progress payment applications
and make recommendations for approval, revisions, or rejection of the amounts requested. CES
will schedule and conduct preconstruction, progress, and other meetings as required to discuss
schedule, coordination, quality, and project issues. CES will prepare and distribute minutes of
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System Optirnization and Improvement Plan S'
Phases 1 and 2 Redesign/ Rebid and Construction Management and Inspection
February 21, 2013
Page 4
these meetings. CES will maintain logs of requests for information (RFIs), change orders, and
submittals to track the process and to document timely response or completion of these items.
Project On -Site Services
Project on -site services will include construction observation and monitoring of construction
progress and quality. CES will provide a Resident Engineer and a Construction Inspector for
these tasks. This on -site team will keep daily reports of construction progress, weather, number
and trade of workers, size and type of equipment, work completed, and problems encountered.
CES on -site staff will coordinate required third party testing and inspections.
Engineer Services
CES will provide engineer services during construction that includes review of contractor
submittals and RFIs, preparation of change order documents, and periodic site visits. Design
engineers will review shop drawings, product data, and samples for completeness and
responsiveness with the contract documents and along with the City Engineer as needed,
approve, approve with changes, or reject the submittal. The design engineer will also revise or
create new drawings and specifications for revisions in the contract document as required.
Project Closure and Start Up
Project closure will include assistance during project start -up, review and approval of the
contractor punchlist, preparation of as -built drawings, and completion of the Operation and
Maintenance (O &M) Manual to update the City's current O &M Manual for the PWRF. CES will
maintain and submit project records in PDF format to the City when construction is completed.
CES will provide a letter of construction completion in accordance with Washington State
Department of Ecology (Ecology) requirements.
Project and Budget Management and Regulatory Support
CES will meet with the City during the project kickoff to ascertain the City's project
management expectations and requirements. As part of this process, CES will present the City
with a Construction Management Project Execution Plan (PEP) for approval. The PEP will be
followed during the course of the project or updated as needed and approved by the City. It
has been anticipated that the City may desire weekly management meetings and/ or summary
reports. In addition, CES proposes to provide a detailed monthly project update letter and to
meet with the City, over the phone or in person, to review the project status and provide the
City with a thorough understanding of the project status. The monthly update will include
detailed information on work completed, projected work, and budget including both the
construction management budget and the contractor construction budget. A construction
management summary budget status report will also be submitted with each monthly invoice.
At the onset of this contract authorization the plans and specifications must be re- submitted, as
revised compared to the original plans submitted in May 2012, to the Ecology for formal
approval. CES will complete this submittal and communicate with Ecology as needed to
achieve approval. However, the level of effort required with Ecology can at times be
extraordinary and often difficult to accurately anticipate. CES has extensive experience with
Mr. Ahmad Qayoumi - City of Pascoe —�*
Process Water Treatment System Optimization and Improvement Plan
Phases 1 and 2 Redesign/ Rebid and Construction Management and Inspection
February 21, 2013
Page 5
Ecology. If it appears Ecology interaction will be a significant impact on the overall budget,
CES will discuss this with the City to determine the best course of action.
Task 1 Subtotal Cost: $313,000.00
Deliverables
Task 1 has been completed as of early February 2013. Task 2 will be delivered to the City within
45 days of project authorization. Task 3 deliverables are described within the Task 3 scope. In
summary, Task 3 deliverables will include meeting minutes, administration logs, daily field
reports, third party reports, contractor submittals, change order documents, revised drawings
and specifications, as -built drawings, O &M Manual components, regulatory letter of
completeness, PEP, and monthly project update letters.
Project Cost
Total Cost: $420,700.00
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.
Schedule
Task 1 is complete. CES is prepared to begin work immediately upon authorization on Tasks 2-
4. The target date for completion of Task 2 is early spring 2013. The target date for completion
of construction management and inspection is in concert with the construction schedule, which
is fall 2013.
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
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
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System Optimization and Improvement Plan
Phases 1 and 2 Redesign/ Rebid and Construction Management and Inspection
February 21, 2013
Page 6
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 P201323018
for the amount of $420,700.00 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
Steven L. Venner, CPAg
Managing Scientist II
SLV /sjr
Enc: Schedule of Fees
PPN: P201323018
Doc: P201323018 Pasco CM.docx
Mr. Ahmad Qayoumi - City of Pasco
Process Water Treatment System Optimization and Improvement Plan
Phases 1 and 2 Redesign /Rebid and Construction Management and Inspection
February 21, 2013
Page 7
Authorization for CES to Provide Services
CES is authorized to provide the services outlined for the estimated cost of $420,700.00.
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
NamelTitle 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 dawn.nelson @cascade - earth.com. if you would prefer to
have us contact someone in your organization, please feel free to provide their contact
information below:
°_
Cascade Earth Sciences
SCHEDULE OF FEES
Professional Services*
•
Administrative Support / Field Technician
$56 /hour
•
Administrative Coordinator
$68 /hour
•
Technician / Drafter / Technical Editor
$77 /hour
•
Teclmician II / Engineering Designer
$83 /hour
•
Environmental Scientist
$88 /hour
•
Staff
$91 /hour
•
Staff II
$98 /hour
•
Project
$105 /hour
•
Project II
$113 /hour
•
Senior
$124 /hour
•
Senior II
$131 /hour
•
Managing
$142 /hour
•
Managing II
$153 /hour
•
Principal
$183 /hour
• Expert testimony @ 150% of the above rates
*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 @ $0.65/ mile ($0.75 for 1/2 -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 @ 18% per annum.
FOR: City Council
TO: Gary
AGENDA REPORT NO. 18
Manager
April 3, 2013
FROM: Ahmad Qayoum , Public Works Director Workshop Mtg.: 04/08/2013
Regular Mtg.: 04/15/2013
SUBJECT: Northwest Commons Lift Station — Professional Services Agreement
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
04/08: Discussion
04/15: MOTION: I move to approve the Professional Services Agreement with
CH2MHill, authorizing bidding and construction services with
respect to the Northwest Commons Lift Station, not to exceed
$13,269 and further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
100% to be paid /reimbursed by developer
IV. HISTORY AND FACTS BRIEF:
A) Initially this subdivision was approved for septic systems. Upon further
research, the City does have the capacity to accommodate sanitary sewer services
for the proposed subdivision development within the current lift station at Road
36, therefore the three lift stations will be constructed to serve the Northwest
Commons Development.
B) CH2MHill Engineers, Inc. has prepared the final engineering and design of three
new lift stations at the Northwest Commons Development and upgrades to the
existing lift station at Road 36 under an agreement previously approved by
Council.
V. DISCUSSION:
A) CH2MHill Engineers,
Inc
has prepared a proposal
for services during
construction to assist
the
City with material submittal
reviews and design
interpretations for the
first
of three lift stations. The
Lift Station will be
constructed on Nauvoo
Lane
near Santa Fe Lane.
B) The engineering services provided by CH2MHill will be reimbursed by the
developer in the amount of $13,269 as part of an existing agreement between the
City and the developer previously approved by the City Council.
C) Staff recommends approval of the proposed professional services agreement.
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PROFESSIONAL SERVICES AGREEMENT
NORTHWEST COMMONS SANITARY LIFT STATIONS
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City ", and CH2MHILL, hereinafter referred
to as "Consultant."
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
11 Scope of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exbibit A, attached hereto and incorporated herein (the "Project ").
2. Term. This Project shall begin on April 15, 2013, and promptly be completed by
November 1, 2013, in accordance with the schedule.
3. Compensation and Payment.
33 Payment for services provided hereunder shall be made following the
performance of such services. 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 Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a prior written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
Professional Services Agreement- 1
3.4 The City shall pay the Consultant for such services as follows:
[ ] Hourly: (Single Rate) $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
[ ] Hourly: (Multiple Rate). Such rates as identified on Exhibit C, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
[X] Fixed Sum: A total of $13,269; or
[ ] Other:
for all work performed and expenses incurred under this Agreement.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Professional Services Agreement- 2
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product ", shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential ", "proprietary ", or a
"trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed 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
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or its prior public citation by the City in connection with
City action.
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
request by the City for such records within five (5) business days by either
Professional Services Agreement- 3
providing the records, or by identifying in writing the additional time necessary
to provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) working days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
8. Indemnification.
Professional Services Agreement- 4
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
91 Insurance. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, employees, or subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Professional Services Agreement- 5
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[ ] $1,000,000 each occurrence;
[ ] $2,000,000 general aggregate; or
[X ] $1 million each occurrence; and $2 million general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
[X ] $1,000,000 per claim;
[ ] $1,000,000 policy aggregate limit; or
[ ] $ per claim; and $ per policy aggregate limit.
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self - insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Professional Services Agreement- 6
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City
Professional Services Agreement- 7
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) calendar days written
notice in the advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
calendar days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services for complying with the terms of this
Agreement.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e -mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Ahmad Qayoumi
Public Works Director, or his designee
525 North 3rd
Pasco WA 99301
gayoumia@pasco- wa.gov
14.3.2 For the Consultant: CH2MHILL
295 Bradley Blvd., Suite 300
Richland, WA 99352
15. Dispute Resolution,
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
Professional Services Agreement- 8
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
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, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing parry shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17, Intelaration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON
By:
525 North 3rd
Pasco WA 99301
(509)
E -Mail
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Professional Services Agreement- 9
CH2MHILL
By:
295 Bradley Blvd., Suite 300
Richland, WA 99352
E -Mail
EXHIBITA
SCOPE OF WORK CH2MHILL (&.
Bidding Assistance and Services- During- Construction for the
NW Commons Development Sanitary Sewer Lift Stations
Background
CH2M HILL ENGINEERS, INC. (CONSULTANT) provided engineering services for the City of Pasco (CITY) for the
design of the NW Commons Development Sanitary Sewer Lift Stations (PROJECT) under a Professional Services
Agreement (AGREEMENT) between the parties dated September 19, 2011. The design included three
independent Lift Stations named "Phase 3 ", "NW ", and "NE ". The developer is currently engaging in the
construction of the Phase 3 Lift Station.
The CITY has requested the CONSULTANT prepare a scope of work for providing Services - During - Construction
(SDC) for the Phase 3 Lift Station as an Amendment to the AGREEMENT.
General Assumptions and Considerations
Our approach and level of effort is based on the following assumptions and considerations:
1. The CITY will provide daily onsite construction oversight and construction inspection.
2. Assistance with rejecting defective work and claims and disputes by the CONSULTANT is not included.
The following Tasks describe the work to be performed under this Amendment. Changes to the work effort
described shall be mutually agreed to in advance of any work and may result in changes to the schedule or fee
and may require an additional amendment to the Agreement.
Task 5 - Project Management (Tasks Continued from Original Scope)
Under this task, the following general project management activities will be provided:
• Prepare, implement, monitor, and update the project work and health and safety plan.
• Conduct project discussions with the City's project team (engineering and operations). These are separate
from scheduled design review meetings and will be held by telephone.
• Prepare and submit invoices to the City on a monthly basis. The invoice will include a brief status report
outlining work accomplished during that invoice period.
Deliverables: Monthly invoices with integrated status updates
Task 6 - Construction Phase Services
CONSULTANT will provide Services during Construction to include review of submittals, clarifications of design
intent, and similar assistance.
Subtask 6.1— Construction Progress Meetings
The CONSULTANT's Mechanical Engineer will meet with the Contractor and the CITY at the PROJECT site (or other
local location as determined) during the construction period in jointly held construction progress meetings to
review and discuss; 1) the previous progress of the work, 2) the proposed upcoming work, 3) coordination
requirements between the Contractor and the CITY, and 4) interpretations of the Contract Documents. The basis
of scope of work for this item is 2 meetings and a total of 8 man - hours. It is assumed that the CITY's construction
manager will host the meetings and record meeting minutes.
Subtask 6.2— Submittals
The CONSULTANT will review for approval those shop drawings and samples forwarded by the CITY and in
accordance with the Schedule of Shop Drawings and Sample submittals. The CONSULTANT's review and approval
will be only to determine if the items covered by the submittals will, after installation or incorporation in the
NW COMMONS DEVELOPMENT SANITARY SEWER LIFE STATIONS
Work, conform to the information given in the Contract Documents and be compatible with the design concept of
the completed PROJECT as a functioning whole as indicated by the Contract Documents.
In addition, the CONSULTANT will keep on file copies of submittals reviewed and approved by the CITY, and will
refer to them as required when responding to requests for clarifications and interpretations.
The CONSULTANT will review and approve the Informational Submittals which are forwarded by the CITY except
for the following: 1) Applications for Payment; 2) Certificates, including installer, material test, successful testing
or inspection, manufacturer's compliance; and proper installation; 3) Contract Closeout Submittals; 4)
Manufacturer's Instructions; 5) Schedules, including values, estimated progress payments, and progress; 6)
Special Guarantees; 7) Statement of Qualifications; 8) Submittals Required by Laws, Regulations, and Governing
Agencies; 9) Test and Inspection Reports; 10) Testing and Startup Data; and, 11) Training Data.
The CONSULTANT will act upon Contractor's submittals and transmit responses not later than 14 calendar days
after receipt, unless otherwise specified in the contract documents.
The basis of the CONSULTANT's scope of work for Subtask is 20 submittals for a total of 40 man - hours. The basis
of the scope of work does not include submittal review in excess of two reviews for substantially the same
submittal.
Subtask 6.3— Clarifications and Interpretation of Contract Documents
The CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the
requirements of the Contract Documents as the CITY may request or which the CONSULTANT deems necessary
and the CITY concurs, and which shall be consistent with the intent of and reasonably inferable from the Contract
Documents. Such written clarifications and interpretations shall be binding on the CITY and the Contractor. If the
CITY and the Contractor are unable to agree on the amount or extent, if any, of any adjustment in the contract
price or contract times, or both, that should be allowed as a result of a written clarification or interpretation, a
claim may be made as provided for in the Contract Documents.
In addition, the CITY will issue, with reasonable promptness, such written clarifications or interpretations of the
requirements of the Contract Documents as the CITY may determine necessary, which shall be consistent with the
intent of and reasonably inferable from the from the contract Documents.
The CONSULTANT will act upon Contractor's requests for information and transmit response not later than 14
calendar days after receipt. A total of 16 man -hours is assumed for this effort
Subtask 6.4— Authorizing Variations in Work
When deemed appropriate, the CITY's field staff will consult with the CONSULTANT's office support staff prior to
the CITY authorizing minor variations in the work from the requirements of the Contract Documents which do not
involve an adjustment in the contract price or the contract times and are compatible with the design concept of
the completed PROJECT as a functioning whole as indicated by the Contract Documents. A total of 8 man -hours is
assumed for this effort.
Subtask 6.5— Conference Call Review Meetings attended by CITY and CONSULTANT
The CONSULTANT's project manager and /or mechanical engineer will attend a conference call with the CITY's
assigned project management team once per two -week period. The purpose of the meetings will be to
communicate the overall project status and identify project issues that affect: 1) the Contractor's progress on the
project, 2) the CONSULTANT's progress toward completing engineering tasks, and 3) the CONSULTANT's budget.
The goal of the meetings will identify project problems and initiate solutions for the benefit of the Project. The
basis of scope of work for this subtask is 4 meetings and a total of 8 man - hours.
Compensation
Compensation for the services described in this document shall be on a Time & Materials basis with a total fee not
to exceed $13,269 (Thirteen Thousand Two Hundred Sixty Nine Dollars) without written amendment mutually
agreed to by CONSULTANT and CITY.
NW COMMONS DEVELOPMENT SANITARY SEWER LIFT STATIONS
The total fee is broken down by Task as follows. Amounts not used to complete a Task may be reassigned to
another Task without requiring a formal amendment, but such a reassignment requires approval by CITY Project
Manager.
Fee Budget by Task
Task 5 Project Management $1,695
Task 6 Services During Construction $11,574
Total Fee $13,269