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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. �O V M N � O a st a�aa t it 1:. t I JAMS � I 'S�t[lliYj �I� • ......I S YR I j{ -� Z. I V v isms i �. 0 'rte ;0k F ,!' � I ( 1 PZ 10 W ASIA SITE`S L so so A, AGO V f 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 W z � 3 ct O N swan fma .� UM U.. o ct N ►�=, ZS (IV OH U F F U U SITE w • r•r ,► 3 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) :.« a 1 1 I _ It `/ I � \{ � r i • i'9 ■� t ': 13i_'I^ r' IN I t� u. ' Lt MINA Ito a i r V� �... - R .�"'• :yam � a ` 4 1� a 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. 4(i) U) Z 0 Q (n LL v Z 05 i� 0 U Z L °r�} �py :p"' m k yi. 50 � �,P�v JIJY � �iiMktlf V 6 I v 3Ntl� O1dO� 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