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HomeMy WebLinkAbout2013.04.15 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 15, 2013 1. CALL TO ORDER 2, ROLL CALL: (a) Pledge of Allegiance 3, CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated April 1, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,766,027.67 ($295,553.82 in the form of Electronic Fund Transfer Nos. 14509, 145100 14564, 14595, 14596, 14597, 14644 and 14645; and $1,470,473.85 in the form of Wire Transfer Nos. 1309, 1310 and 1311; and Claim Warrants numbered 192377 through 192626). 2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $168,167.39 and, of that amount, authorize $107,861.33 be turned over for collection. (c) Appointment to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Tim Hoekstra to fill Position No. 1 (expiration date of 2/2/16) on the Planning Commission. (d) Appointments to Code Enforcement Board: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Daniel Gottschalk to Position No. 1 and Dwayne Speer to Position No. 2 (both with the expiration date of 111115) to the Planning Commission. (e) 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. To approve the Sewer Utility Service Waiver at 5213 West Court Street and, further, authorize the City Manager to sign the Waiver Agreement. (t) Water Follies Agreement: I. Agenda Report from Rick Terway, Administrative & Community Services Director dated March 28, 2013. 2. Agreement for Operation of Water Follies Event (2013- 2015). 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. (g) 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. To approve a public works contract 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. Regular Meeting 2 April 15, 2013 (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. To approve the Professional Services Agreement with CES authorizing Construction Management Services for Phase I and H of the Industrial Reuse Project in the amount of $420,700 and, further, authorize the City Manager to sign the agreement. (i) Professional Services Agreement: 1. Agenda Report from Abroad Qayoumi, Public Works Director dated April 3, 2013. 2. Vicinity Map. 3. Professional Services Agreement. 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. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Finance Manager: General Fund Operating Statement through March 2013. (c) HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q(a) Street Vacation (MIT #VAC2013 -001) Portion of Washington Street (Port of Pasco/Morales). 1. Agenda Report from Dave McDonald, City Planner dated April 9, 2013. 2. Overview Map. 3. Vicinity Map. CONDUCT A PUBLIC HEARING MOTION: I move to deny the Washington Street vacation. Q *(b) Street Vacation (MIT #VAC2013 -002) Portion of North Idaho Avenue north of Oregon Avenue (H.D. Fowler). 1. Agenda Report from Dave McDonald, City Planner dated April 9, 2013. 2. Overview Map. 3. Vicinity Map. 4. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of North Idaho Avenue. MOTION: I move to adopt Ordinance No. vacating a portion of North Idaho Street and, further, authorize publication by summary only. Q *(c) Street Vacation (MF #VAC2011 -008) Portions of East Lewis Place, from Heritage Blvd to SR 12. 1. Agenda Report from Dave McDonald, City Planner dated April 11, 2013. 2. Overview Map. 3. Vicinity Map. 4. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating portions of East Lewis Place. MOTION: I move to adopt Ordinance No. vacating portions of East Lewis Place and, further, authorize publication by summary only. Regular Meeting 3 April 15, 2013 81 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: I 9, UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Commercial Avenue/US- 12/Lewis Street Water Line Project No. C7- WT- 2R- 13 -04: 1. Agenda Report from Mike Pawlak, City Engineer dated April 9, 2013. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the Commercial Avenue/US- 12/Lewis Street Water Line Project to Sharpe & Preszler Construction Company, Inc., in the amount of $234,053.96, including applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(b) Heritage Industrial Center Primary Lead Track, Phase 2 and Big Pasco Industrial Center Hub Development, Phase 5b: 1. Agenda Report from Mike Pawlak, City Engineer dated April 9, 2013. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the Heritage Industrial Center Primary Lead Track, Phase 2, Schedule A and Alternate A2, and Big Pasco Industrial Center Hub Development, Phase 5b Project, Schedule B and Alternates BI, B2 and B3, to Premier Excavation, Inc., in the amount of $2,913,716.40, including applicable sales tax and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter REMINDERS: 10:00 a.m., Tuesday. April 16, 215 S. 661 Avenue — St. Vincent de Paul Ground Breaking Ceremony. (ALL COUNCILMEMBERS INVITED TO ATTEND) 2. 5:30 p.m., Wednesday, April 17 — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 3:30 p.m., Thursday, April 18, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 4. 7:30 a.m., Friday, April 19, Richland Council Chambers — Hanford Communities Governing Board Meeting. ( COUNCILMEMBER MIKE GARRISON) 5. 11:30 a.m., Friday, April 19, El Chapala Restaurant — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) 6. 10:00 a.m., Saturday, April 20, 7525 Wrigley Drive — West Side Branch Pasco Library Grand Opening. (MAYOR MATT WATKINS) (ALL COUNCILMEMBERS INVITED TO ATTEND) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 1, 2013 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, and Matt Watkins. Excused: Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 18, 2013. (b) Bills and Communications: To approve General Claims in the amount of $875,081.94 ($139,026.45 in the form of Electronic Fund Transfer Nos. 14360 and 14382; and $736,055.49 in the form of Wire Transfer Nos. 1300, 1301, 1304, 1305 and 1306; and Claim Warrants numbered 192188 through 192376). To approve Payroll Claims in the amount of $3,117,533.42, Voucher Nos. 45291 through 45363 and 80250 through 80259; and EFT Deposit Nos. 30058057 through 30058629. (c) Appointments to Planning Commission: To appoint Tony Bachart to Position No. 2 (expiration date 2/2/2016), reappoint Joe Cruz to Position No. 5 and appoint Loren Polk to Position No. 6 (both with the expiration date of 2/2/2019) to the Planning Commission. (d) Professional Services Agreement — Design for Argent Road Widening: To approve the Professional Services Agreement with MacKay Sposito authorizing Design Services with respect to Argent Road Widening project in the amount of $225,416 and, further, authorize the City Manager to sign the agreement. (e) Professional Services Agreement — Geotechnical and Environmental Services for Argent Road Widening: To approve the Professional Services Agreement with PBS authorizing Geotechnical and Environmental Services with respect to Argent Road Widening project in the amount of $53,306 and, further, authorize the City Manager to sign the agreement. (f) Professional Services Agreement — Commercial/Kahlotus Sewer Lift Station: To approve the Professional Services Agreement with CH2MHill, Inc., authorizing professional engineering services with respect to the Commercial and Kahlotus Highway Lift Station, not to exceed $54,386 and, further, authorize the City Manager to sign the agreement. (g) Waiver of Sewer Utility Service Requirement (MF #USW2013 -001): To approve the sewer utility service waiver at 6508 Maverick Court and, further, authorize the City Manager to sign the Waiver Agreement. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 1, 2013 (h) Waiver of Sewer Utility Service Requirement (MF #USW2013 -002): To approve the sewer utility service waiver at 6512 Maverick Court and, further, authorize the City Manager to sign the Waiver Agreement. (i) Waiver of Sewer Utility Service Requirement (MF #USW2013 -005): To approve the sewer utility service waiver at 1909 Market Court and, further, authorize the City Manager to sign the Waiver Agreement. (j) Final Plat (MF #FP2012 -007) Linda Loviisa Division 2, Phase 4: To approve the Final Plat for Linda Loviisa Division 2, Phase 4. (k) Final Plat (MF #FP2013 -001) West Pasco Terrace Phase 4: To approve the Final Plat for West Pasco Terrace, Phase 4. (1) Right -of -Way Dedication for a Portion of Spokane Street (MF #DEED2013- 002): To accept the deed from Spritz Inc., for a portion of the Spokane Street right -of -way. (m) Resolution No. 3466, a Resolution accepting work performed by Leslie & Campbell, Inc., under contract for the City Hall Roof Repair and Recover Project No. C5- PF- 8R- 12 -04. To approve Resolution No. 3466, accepting the work performed by Leslie & Campbell, Inc., under contract for the City Hall Roof Repair and Recover Project. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Garrison attended the Tri Cities Visitor & Convention Bureau's 2013 -2018 Strategic Tourism Planning Session and the TRIDEC Board of Directors meeting. Mayor Watkins participated in filming a video for presentation at the Tri City Regional Chamber of Commerce's `State of the Cities' event in May. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4100, an Ordinance relating to Yard Sale Permits and Signage Regulation. MOTION: Ms. Francik moved to adopt Ordinance No. 4100, relating to Yard Sale Permits and Sign Regulations and, further, to authorize publication by summary only. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes — Martinez, Watkins, Francik, Garrison, Hoffmann. No — Larsen. Resolution No. 3467, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a private bus terminal at 205 South 4th Avenue. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3467, approving the special permit for the location and expansion of a private bus terminal at 205 South 4th Avenue as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 1, 2013 NEW BUSINESS: Regionalization of Emergency Communications: Council and staff discussed the details of the proposed agreement. MOTION: Ms. Francik moved to approve the interlocal agreement for regionalization of the emergency communication systems within Benton and Franklin Counties. Mr. Martinez seconded. Motion carried unanimously. USBR Irrigation Connection Project No. C1- 11- 14 -IRR: Mr. Qayoumi explained the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the USBR Irrigation Connection Project to Premier Excavation in the amount of $1,748,815.71, including applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:21 p.m. for approximately 20 minutes to discuss litigation or potential litigation with the City Manager and the City Attorney. Mayor Watkins returned to the Council Chambers at 7:41 and noted executive session will continue for an additional 10 minutes. Mayor Watkins called the meeting back to order at 7:48 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:48 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 15th day of April, 2013. CITY OF PASCO Council Meeting of: April 15 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the 7 ices renders a labor performed as described herein and that the claim is a just, due and unpaid obligati again t the city and that we are authorized to authenticate and certify to said claim. /7 Dunyele Masod, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 15 day of April, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 192377- 192626 In The Amount Of: $ 1,470,473.85 Electronic Funds Transfers: 1309, 1310, 1311 In The Amount Of: $ 2951553.82 Electronic Funds Transfers: 14509, 14510, 14564 (Journal Entries) 14595, 14596, 14597 Combined total of $1,766,027.67 14644,14645 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS - GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING FUND LITTER ABATEMENT FUND REVOLVING ABATEMENT FUND TRAC DEVEL & OPERATING FUND ECONOMIC DEVEL & INFRASTRUCT GENERAL CAP PROJ CONSTRUCTION WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 282,504.46 $ 1,766,027.67 3(b).1 AGENDA REPORT FOR: City Council DATE: April 10, 2013 TO: Gary (=iel k1trative Manager REGULAR: April 15, 2013 Rick Terway, dm & Commu 't rvices Director FROM: Dunyele Maso , Financial Services Manag r� SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $168,167.39 and, of that amount, authorize $107,861.33 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b)n2 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ 271.57 13767.50 2,039.07 Ambulance $ 607034.49 14,810.83 74,845.32 Court A/R $ .00 89,289.00 89,289.00 Code Enforcement $ .00 1,874.00 1,874.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ 00 120.00 120.00 TOTAL: $ 60,306.06 1075861.33 168,167.39 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b)n2 AGENDA REPORT FOR: City Council( I April 3, 2013 TO: Gary Crutch Manager Workshop Mtg.: 4/8/2013 FROM: Rick White, Regular Mtg.: 4/15/2013 Community rconomic Development Director bij SUBJECT: Waiver of Sewer Utility Service Requirement (5213 W Court St) (MF# USW 2013.006) I. REFERENCE(s): 1. Vicinity Map 2. Proposed Utility Service Waiver Agreement IL ACTION REQUESTED OF COUNCIL /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 construction 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 norgenerally 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. 3(e) 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. 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) STATE OF WASHINGTON ss. County of Franklin Signature of Legal Property Owner(s) 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 NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: day of , 20 . 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 NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: day of 20-. UTILITY SERVICE WAIVER AGREEMENT - PAGE 2 ♦NO) �O M N � �O O ct O O � CC3 3 SITE a 0 U s,Itulz AGENDA REPORT FOR: City Counciln / March 28, 2013 TO: Gary CrutchfirDect! anager Workshop Mtg.: 4/8/13 Regular Mtg.: 4/15/13 FROM: Rick Terway, � Administrative and C mmunity Services SUBJECT: Water Follies Agreement I. REFERENCE(S): 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 200% 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. 3(f) 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: 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. II 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 "1 ". 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. 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. 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. P 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 rimes 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. XIII 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. KUV This agreement is subject to the terms and conditions of the lease granted City of Pasco by the United States dated July 29h, 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. K43 I This agreement may be amended by mutual agreement of the parties. XVII This agreement may be 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: Leland B. Kerr, City Attorney Date: Date: Date: Agreement for Operation of Water Follies Event page 5 U) 3 J O V N R{ a 01 6£ 'Pd 4 ov Pa Q ma ; d M w m < Y R tiq'Pd a { y U m A f +® 94 Pb T 1 , J c jy L4 'Pa 9b'Pa 64'Pa c 1 1 � CC Y Z5 Pb w IL 1 , .......... 01 EXHIBJT "A" a 4 h Y Y 0 Q ma = d M w PAOIlaeH Y R a { f 1 , J c jy c 1 1 � CC Y , w IL 1 , .......... 1 , cd 1 '(CQ l6 i 1 '2 0 1 , 1 , 1 , 1 , , Ch a m 1 CES U , US Q �O A O O ' , 1 , / 1 , Of4 c e 1 , ax 1 ' > 1 1 , � 1 _ ` c Q m EXHIBJT "A" Cl) M T i a PUBII!na j Q ma = d M w PAOIlaeH Y R a { f Cl) M T i a Q ma = d o m � a0LL a { SCHEDULE 1 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 5:00am 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 Councn APRIL 1, 2013 TO: Gary Crutch ty Manager Workshop Mtg.: 4/8/13 Regular Mtg.: 4/15/13 FROM: Rick Terway, irector, Administrative & Co y Services SUBJECT: City Hall Cooling Tower Replacement I. REFERENCE(S): 1. Bid tab sheet 2. Proposed Public Works Contract II. 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. 3(g) BID TABULATION - City Hall Cooling Tower Replacement 2/28/2013 1 Contractor Apollo Sheet Metal Inc Bid excluding Sales Tax $2042669.00 2 TJ's Refrigeration $2073800.00 3 Kollmar Inc $212,689.00 CONTRACT City Hall Cooling Tower Replacement Project No. C5- 11F- 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'. W ITN ESS ETH: 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 W 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: Gary Crutchfield, City Manager ATTEST: Debra L. Clark, City Clerk Approved as to form: Lee Kerr, City Attorney Contractor Signature By: Printed Name >Ilo Sheet Metal, Inc. PO Box 7287 1207 W. Columbia Drive Kennewick, WA 99336 Ph 509 - 586 -1104 Fax 509 - 582 -6590 www.apollosm.com Attachment'A' August 15, 2012 City of Pasco 525 N 3" Pasco,WA 99301 Re: Budget Chiller pricing • Apollo Sheet Metal Inc proposes the following installation. • Remove existing chiller and cooling tower. • Install a new Carrier Aqua Snap air cooled chiller 150 ton capacity. • All necessary water piping to tie into existing piping. • High and low voltage electrical connections. • Integrate chiller into existing control system. • Complete start up and operational check. Price $ 204,669.00 Plus wsst,Auth This price does not include Mechanical permit if required. Any questions please call, Thanks Gene Batey d%aPla... SV"6&Of;DWAe?V4 buif<l Cyeeat 7&0184' An equal opportunity employer FOR: City TO: Gary FROM: Ahm AGENDA REPORT NO. 16 April 2, 2013 Tanager 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. 3(h) U LL ai cv L V 0 LM an 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: 10 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 "). 21 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 [ ] 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 Scone 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 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. 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: Abroad 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 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 Professional Services Agreement- 8 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. 179 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: Leland B. Kerr, City Attorney 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: Proposa]/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). uts Cascade Earth Sciences A vahulmt V 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: Proposa]/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). 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 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. Fundine 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 d"rJ 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 Cast: $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 contractors 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 Optimization and Improvement Plan i�a c 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 Pasco 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 (�`'yy Process Water Treatment System Optimization and Improvement Plan CES 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 �J Process Water Treatment System Optimization and Improvement Plan L 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 $420F700.00. I understand this is an estimate of the project costs and that the estimate will not be exceeded without additional authorization. I also understand the scope of work, compensation, and terms and conditions provided in the proposal. Reviewed and Authorized By: Signature Date Name/ritle 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 A raknMdY coMw,nry SCHEDULE OF FEES Professional Services* • Administrative Support / Field Technician $56 /hour • Administrative Coordinator $68 /hour • Technician / Drafter / Technical Editor $77 /hour • Technician II / Engineering Designer $83 /hour • Environmental Scientist $88 /hour • Staff $91 /hour • Staff II $98 /hour • P 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. AGENDA REPORT NO. 18 FOR: City Council () April 3, 2013 TO: Gary CrutchfTQ,.Cej6 Manager FROM: Ahmad Qayourn ublic 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) CH2MHi11 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) CH2MHi11 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 CH2MHi11 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. 3(i) _I- U) Z 0 Q LL J U) Z 0 73 5 0 U Z 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 Exhibit 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. 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 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 fpm 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. 81 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 qayoumia @ 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 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 parry 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 H2MHILL® 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 CONSULTANVs 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 Services During Construction $11,574 Total Fee $13,269 GENERAL FUND OPERATING STATEMENT THROUGH MARCH 2013 YTD 2013 % OF YTD TOTAL % OF 2013 ORIGINAL ANNUAL 2012 2012 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 1862026 61400,000 2.9% 121,855 6,2002000 2.0% SALES 2,210,182 8,195,000 27.0% 23010,610 8,265,000 24.3% PUBLIC SAFETY 259,867 1,000,000 26.0% 0 UTILITY 2,033,457 71798,000 26.1% 21262,563 61526,660 34.7% OTHER 2632044 1,0652000 24.7% 271,378 21260,000 12.0% LICENSES & PERMITS 680,589 12108,200 61.4% 684,967 1,093,700 62.6% INTERGOVT REVENUE 269,185 1,495,150 18.0% 2903500 11679,700 17.3% CHARGES FOR SERVICES 15028,973 4,498,459 22.9% 992,389 43531,330 21.9% FINES & FORFEITS 215,909 7943650 27.2% 185,904 977,200 19.0% MISC. REVENUE 1402162 631,450 22.2% 155,085 673,245 23.0% OTHER FINANCING SOURCES 52,666 11295,303 4.1% 39,500 138,000 28.6% TOTAL REVENUES 73340,060 34,281,212 21.4% 72014,751 32,344,835 21.7% BEGINNING FUND BALANCE 82546,455 7,5737573 10,649,694 10,143,620 TOTAL SOURCES 15,886,515 41,854,785 38.0% 17,664,445 42,488,455 41.6% _ XPENDITURES: CITY COUNCIL 25,584 121,315 21.1% 262975 118,807 22.7% MUNICIPAL COURT 315,643 113763639 22.9% 2842558 1,332,334 21.4% CITY MANAGER 240,556 962,755 25.0% 219,330 9517034 23.1% POLICE 2,542,092 123096,846 21.0% 2,221,115 11,451,115 19.4% FIRE 11627,242 434315366 36.7% 11027,071 4,164,541 24.7% ADMIN & COMMUNITY SVCS 1,297,268 620223454 21.5% 11338,089 6,2012703 21.6% COMMUNITY DEVELOPMENT 293,109 1,3322076 22.0% 285,177 11208,878 23.6% ENGINEERING 354,027 1,535,558 23.1% 294,710 1,514,469 19.5% MISC. NON- DEPARTMENT 121373697 8,125,335 14.0% 954,162 7,469,966 12.8% LIBRARY 285,294 1,148,380 24.8% 378,587 12148,380 33.0% TOTAL EXPENDITURES 8,118,512 37,152,724 21.9% 710293774 35,561,227 19.8% ENDING FUND BALANCE 7,768,003 41702,061 10,6342671 6,927,228 TOTAL EXPEND & END FUND BAL 15,886,515 41,854,785 17,6642445 42,4882455 AVAILABLE CASH BALANCE 5,425,612 91585,279 PERCENTAGE OF BUDGET ALLOCATED FOR 3 MONTHS 25% These statements are intended for Management use only. 6(b) AGENDA REPORT FOR: City Council April 9. 2013 TO: Gary CrutchfieI t anager Regular Mtg.: 4/15/13 Rick White, Community & E onomic Development Director V4 FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2013 -001) Portion of Washington St (Port of Pasco /Morales) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 4/15: MOTION: I move to deny the Washington Street vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Port of Pasco and a private property owner petitioned to vacate that portion of Washington Street lying between 5 Avenue and the BNSF railroad right -of -way. B. The City Council originally conducted a public hearing on March 4, 2013, continued the hearing to March 18a' and again to April 151'. The hearing was continued to allow City and Port staff time to meet with the other party (Morales) to the vacation proposal, ascertain the extent and type of development being considered, review the recently adopted Boat Basin and Marine Terminal Plan and consider options to vacating this portion of Washington Street. V. DISCUSSION: A. The Boat Basin and Marine Terminal Plan adopted by the City and Port in 2010 indicates the area along the east side of South 5th Avenue should be developed as an open landscaped area providing a buffer between the BNSF main line and the remainder of the old tank farm property to the west. Mr. Morales's proposed development is not consistent with the adopted Plan for the area. Vacating Washington Street would only serve to allow the further expansion of a project that does not support the vision of the adopted Boat Basin and Marine Terminal Plan. B. City staff and Port staff have been working to find alternate Port or City sites that may be available for trade or trade and purchase that would allow Mr. Morales to move forward with his project at another location. Relocating Mr. Morales's project to a different site will ensure the Boat Basin and Marine Terminal Plan can be properly implemented in the future. C. Staff recommends the proposed vacation be denied. 7(a) w, r4� ; M -t do do W N11- All III, I d p t.� s a� 4 A U I } I yr 2* T e: R; W r W J, v y f sc4' R R; W r W J, v y f AGENDA REPORT FOR: City Council n April 95 2013 TO: Gary Crutchfieronomic Manager Regular Mtg.: 4/15/13 Rick White, Community & Development Directo, I FROM: David I. McDonald, City Planner '1 SUBJECT: STREET VACATION (MF# VAC 2013 -002) A Portion of N. Idaho Ave north of Oregon Ave. (H.D. Fowler) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Proposed Ordinance IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 4/15: MOTION: I move to adopt Ordinance No. an Ordinance vacating a portion of North Idaho Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. H.D. Fowler Company, the pipe and waterworks supplier on Oregon Avenue petitioned to vacate a portion of North Idaho Avenue adjacent to the west edge of their property. The vacation is being requested to accommodate a rearrangement of the company's pipe storage yard. B. The City Council set April 15, 2013 as the date to consider the vacation. V. DISCUSSION: A. A portion of the Fowler pipe yard is encroaching on the right -of -way for both North Idaho Avenue and North Main Avenue. Staff has explained to representatives of H.D. Fowler that the pipe storage must be removed from the city right -of -way, hence the request for the vacation and the need to rearrange the company's pipe storage yard. The northern 310 feet of North Main abutting the Fowler property cannot be vacated because it will be needed for a future street to provide access to the property to the north. There is however excess right -of -way adjacent to the southern 320 feet of the Fowler property that could be vacated. It is this portion of the right -of -way that has been requested to be vacated. The proposed vacation ordinance contains conditions requiring the removal of the pipe yard and fencing from the Main Avenue right -of -way. B. Utility providers and the Engineering Division have all reviewed the proposed vacation and easements are not needed. 7(b) 3 l �. /fT/ •wwMM` y . ( s 1 ✓ O „ 1 Jr- Vilt IF i u it VV • z€ er�� t <d MM x' 4 I IV IV wl Pip ,.0 N I / ..,. F . �'r (' It �1 , P;JT'/`, /•. VVI .. 1 �': U ' a pi IV pol tip 1 IV ei a 4JRlAL f V�IJ• ry O �"MEMO N x0 O 0 Cd _M cd O N O c u CIO • Y«Y ��jf�+ \ F M1 T '$ It If p IN If Lrt� O� w ryli. x. Y O j e . r' It If ff. -'` `a �s410, � r $ Ill TI r 9 T" (ft ! .. ' I If °g R, F r Y • O v If f d' .. rr I fie• -.� ryy x ° ,.gym. x< wfll VI If r t f',. ai, �•..4�J, If I If � RT r rh 4 hx� .e r .y, 4 . .. :Y to ' •R Y Y'a $x' 4 ' ' s I'M1 i t r4 s 4 I It f � i 'f � 3 ff f AJ - � � i yk . .i I �.. It If ff. -'` `a �s410, � r $ Ill TI r 9 T" (ft ! .. ' I If °g R, F r Y • O v If f d' .. rr I fie• -.� ryy x ° ,.gym. x< wfll VI If r t f',. ai, �•..4�J, If I If WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO, AN ORDINANCE VACATING A PORTION OF NORTH IDAHO AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right -of -way; and WHEREAS, all steps and procedures required by law to vacate said right -of -way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That North Idaho Avenue located northerly of the westerly right -of -way line of North Oregon Avenue described as follows: Beginning at point on the center line of vacated McCarthey said point being the intersection of the center line of McCarthey Street and the east right -of -way line of North Main Street; Thence south 71 degrees 14 minutes and 33 seconds west for a distance of 2.33 feet to the True Point of Beginning; Thence south 00 degrees 39 minutes and 14 seconds west to the intersection with the center line of North Idaho Avenue; Thence southerly along the center line of North Idaho Avenue to the intersection with the westerly right -of -way line of North Oregon Avenue; Thence northeasterly along the westerly right -of -way line of North Oregon Avenue to the southwest corner of Block 61 Freys Addition; Thence northerly along the west line of said Block 61 to the intersection with the south line of vacated McCarthey Street; Thence northerly along the projection of the west line of said Block 61 to the True Point of Beginning, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2, That Cittagazze LLC, the petitioner and property owner, shall comply with the following requirements: A. The west line of Parcel # 113482072 and 113482108 must be firmly established by locating property pins and or the re- establishment of the property pins; B. All fencing and material storage shall be removed from the public right -of -way along the western margin of said parcels. Section 3. That the street vacation established herein shall be null and void if the requirements identified in Section 2 (A) and (B) are not completed by October 31, 2013. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 15 °i day of April, 2013, Matt Watkins Mayor ATTEST: Debra L. Clark, CMC City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney City Attorney z O O � O O � •�� M ED `t i NO Tom �oP O °° MAIN AVE �i ct U . . W F- W AGENDA REPORT FOR: City Counci April 11, 2013 TO: Gary Crutch$&conomic Manager Regular Mtg.: 4/15/13 Rick White, Community Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2011 -008) Portions of East Lewis Place from Heritage Blvd to SR -12 I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 4/15: MOTION: I move to adopt Ordinance No. , an Ordinance vacating portions of East Lewis Place and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The new owners of Bradley Auto Wrecking petitioned for the vacation of the south 40 feet of East Lewis Place fronting the wrecking yard approximately a year ago. As the vacation request was being processed it was soon discovered there was not a consistent width for the right -of -way on East Lewis Place. The right - of -way ranges from 60 feet to over 200 feet in width depending on the location on the street. In addition to the variable right -of -way width it was unclear where the center line of the street was located. B. As a result of the uncertainties over the East Lewis Place right -of -way, staff recommended the Council deny the original vacation request to allow time for the right -of -way to be surveyed. With a more accurate understanding of what can be vacated the Council set April 15, 2013 as the date to reconsider the vacation. V. DISCUSSION: A. After reviewing future right -of -way needs on East Lewis Place the Engineering Division has determined that 70 feet of right -of -way would be the optimal width needed to accommodate future industrial traffic in the area. Due to the way the right -of -way was originally dedicated the center line of the street is off -set in the right -of -way and as a result more right -of -way can be vacated on the south side of the street than the north side. Up to 45 feet of right -of -way can be vacated along portions of the south side of East Lewis Place while 35 feet is the maximum width that can be vacated on the north side of the street. B. Utility providers and the Engineering Division have all reviewed the proposed vacation. Both the PUD and Century Link have requested easements be retained. 7(c) V 1 . r{ • O w U� 00 ct O ^ O O O �+ U . • r� , l I� COO I. J P � a.m C t r �qy F, yr * ev . ` i SaiF,wssn� K14 �k EO M \ .t , 4 Iry r t If Ir r If y�,(w �g ie S a n ✓ F { . IJ fr N F. - f �• e. > 12r, t � i ` 1 r w �'• air r F Y � J S FniL fit'. �'Y •y" ,1 YY �FrF ' N � i •R e ' F ke WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO, AN ORDINANCE VACATING PORTIONS OF EAST LEWIS PLACE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights -of -way within the City of Pasco; and WHEREAS, all steps and procedures required by law to vacate said right -of -way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights -of -way; and WHEREAS, all steps and procedures required by law to vacate said right -of -way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That that portion of the of right -of -way adjacent to the south line of East Lewis Place described as follows: Beginning at the northwest corner of a Parcel described as follows: That portion of the Northeast quarter of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., City of Pasco, Franklin County, State of Washington, described as follows: Commencing at the Southwest corner of the Northeast quarter of the Southwest quarter; thence North 0 °04'40" East along the West line of said Northeast quarter 1185.84 feet to the Southerly right -of -way line of East Lewis Street, said point being a point on a non - tangent curve to the right, the radius point of which bears South 13'53'12" West 2790.00 feet; thence Southeasterly along said curve 290.20 feet to a point on the right -of -way of the Frontage Road for State Route 12, said point being on a non -tangent curve to the left, the radius of which bears North 40 °42'50" East 130.04 feet; thence South easterly along said curve 43.80 feet; thence South 58 035'00" East along said right -of -way 93.64 feet to the beginning of a tangent curve to the right, the radius point of which bears South 21025"0011 West 289.95 feet; thence Southeasterly along said curve and said right -of -way 42.16 feet to the true point of beginning. Thence continuing along said right -of -way and along said curve 68.61 feet; thence South 45 °04'22" East 31.39 feet; Thence South 32 °16'03" West 411.42 feet; Thence North 57 °43'32" West 96.75 feet thence North 32 016'03" East 424.70 feet to the said point of beginning; Thence westerly along the south right -of -way line of East Lewis Place to the northwest corner of a Parcel described as follows: The East 300 feet of the West 430 feet of even width of that portion of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 28 Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington, lying South of the Southerly right of way line of Primary State Highway No. 3, Pasco - Attalia, as established by deed to the State of Washington recorded under Auditors File No. 132620, EXCEPT the South 292.5 feet of even width thereof; Thence northerly along the northerly projection of the east line of said Parcel for a distance of 45 feet; Thence easterly on a line parallel to and 45 feet north of the south right -of -way line of East Lewis Place to a point 70 feet, plus or minus, east of the northerly projection of the east line of a Parcel described as follows: That portion of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington, lying South of the Southerly right of way line of Primary State Highway No. 3, Pasco - Attalia, as established by deed to the State of Washington recorded under Auditors File No. 132620, EXCEPT the west 430 feet of even width thereof AND EXCEPT the South 292.5 feet of even width thereof together with The Westerly 50 feet of even width of the North 660 feet of the Northwest quarter of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington, EXCEPT that portion deeded to the State of Washington for highway purposes recorded under Auditors File No. 132617; Thence north 89° 28'39.88' east for a distance of 550 feet; Thence easterly on a curve to the right with an arc radius of 2669.158 to the point of beginning; Together with that portion of the northerly right -of -way of East Lewis Place described as follows: Beginning at the southeast comer of Short Plat 99 -22, said corner being the True Point of Beginning; Thence southerly along the southerly projection of said Short Plat 99 -22 for a distance of 35 feet; Thence easterly on a line parallel to and 35 feet south of the north line of East Lewis Place for a distance of 121 feet, plus or minus,; Thence north 89 °28'39.88" east for a distance of 550 feet; Thence north 89'10' 56.43" east for a distance of 481 feet, plus or minus to the intersection with the north right -of -way line of East Lewis Place; Thence westerly along the north right -of -way line of East Lewis Place to the True Point of Beginning. And together with the north 35 feet of East Lewis Place adjacent to a Parcel described as follows: The Southwest quarter of the Southeast quarter of the Northeast quarter of Section 28, Township 9 North, Range 30 East, W.M., EXCEPT those portions described as follows: The East half of the West half of the Southeast quarter of the Northeast quarter of said Section 28, lying Northerly of the centerline of Kahlotus Highway as vacated by Franklin County Commissioners in Volume 131, Page 254, AND EXCEPT That portion of the Southeast quarter of the Northeast quarter of Section 28, Township 9 North, Range 30 East, W.M., described as follows: Commencing at the Southwest corner of said Southeast quarter of the Northeast quarter of said Section 28, and proceeding thence along the Westerly boundary line of said subdivision a distance of 413 feet to a point which is the true point of beginning of this description; thence 2 proceeding Northerly along said Westerly boundary line of said subdivision a distance of 328 feet to a point; thence Easterly and at right angles a distance of 270 feet; thence Southerly and at right angles to the Northwesterly line of the Kahlotus Highway right -of -way thence along said road right -of -way line Southwesterly to a point that is due East of the point of beginning; thence on a straight line to point of beginning AND EXCEPT the West half of the West half of said Southeast quarter of the Northeast quarter lying Northerly of the center line of the above mentioned vacated Kahlotus Highway and Short Plat 99 -22, and the south 5 feet of East Lewis Place adjacent to Lot 1 of Short Plat 81 -01, as depicted in Exhibit "1" be and the same are hereby vacated subject to the easements retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the south 10 feet of the north 35 plus or minus feet of right -of -way vacated along the north margins of East Lewis Place as described in Section 1 above and the City shall retain an easement and the right to exercise or grant easements with respect to the northerly 15 feet of the south 45 plus or minus feet of right -of -way vacated along the south margins of East Lewis Place as described in Section 1 above. Said easement is for the construction, repair and maintenance of existing and future public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 15th day of April 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney � N � � o W 00 U• '� r"' M �.. ct > C0 -� r—1 00 ct0 U M • • 0 rmm� ° M � y.��• V � c Q o a U 4 , w W W CD '-+ M M OLSM W AGENDA REPORT NO. 13 FOR: City Council April 9. 2013 TO: Gary Crutchfie WC*anager Ahmad Qayo Works Directo FROM: Michael A. Pawlak, City Engineer, Regular Mtg.: 4/15/13 SUBJECT: Bid Award: Commercial Avenue/US -12 /Lewis Street Water Line Project #C7- WT- 2R -13 -04 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/15: MOTION: I move to award the low bid for the Commercial Avenue/US- 12/Lewis Street Water Line Project to Sharpe & Preszler Construction Company, Inc. in the amount of $234,053.96, including applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project involves installing approximately 2,100 linear feet of 16 -inch ductile iron water main on Commercial Avenue just south of the Pasco - Kahlotus Highway intersection, with appurtenances, surface restoration and other related work. B) The project was advertised on March 17, 2013, March 24, 2013 and March 31, 2013, with a bid opening on April 9. 2013. V. DISCUSSION: A) On April 9, 2013, the City received six (6) bids for the project. The low bid was received from Sharpe & Preszler Construction Company, Inc. in the amount of $234,053.96, including applicable sales tax. The second lowest bid was received from Tapani, Inc. in the amount of $257,974.35, including applicable sales tax. B) The Engineer's Estimate is $478,692.51, including applicable sales tax. C) Staff recommends award of the contract to Sharpe & Preszler Construction Company, Inc. 10(a) w Z J of w F— Q w w Cn (n w J N J Q U w 7 O U City of Pasco Commercial Avenue/US42/Lewis Street Water Line Project No. C7- WT- 2JZ43 -04 April 9, 2013 BID SUMMARY Engineers Estimate $478,692.51 Sharpe & Preszler Construction Co., Inc. $2345053.96 Tapani, Inc. $257,974.35 Big D's Construction $274,689.58 C &E Trenching $308,611.98 Allstar Construction Group $3895454.50 Premier Excavation $392,335.91 AGENDA REPORT NO, 14 FOR: City Council April 9. 2013 TO: Gary Crutchfiel anager Ahmad Qayoum , Pu ' Works Director FROM: Michael A. Pawlak, City Engineer 1W Regular Mtg.: 4/15/13 SUBJECT: Bid Award: Heritage Industrial Center Primary Lead Track, Phase 2 and Big Pasco Industrial Center Hub Development, Phase 5b I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/15: MOTION: I move to award the low bid for the Heritage Industrial Center Primary Lead Track, Phase 2, Schedule A and Alternate A2, and Big Pasco Industrial Center Hub Development, Phase 5b Project, Schedule B and Alternates Bl, B2 and B3, to Premier Excavation, Inc. in the amount of $2,913,716.40, including applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Washington State Department of Commerce Grant - $3,200,000 with $1,800,000 earmarked for the Heritage Industrial Center Primary Lead Track, Phase 2 Project and $1,400,000 earmarked for the Big Pasco Industrial Center Hub Development, Phase 5b Project. IV. HISTORY AND FACTS BRIEF: A) The completed project will provided for the removal of BST pavement, asphalt pavement, various obstructions, and construction of utility encasements /adjustments, track roadbed, drainage elements, a grade crossing including paving and signs, and approximately 5,000 feet of track as related to the Port of Pasco Hub Development, Phase 5b project, and the construction of railroad roadbed, utility casings, drainage facilities, approximately 6,200 feet of track, and grade crossings for the City of Pasco Heritage Park, Phase 2 project. B) The overall project consists of the construction / extension of two rail spur segments under a previously executed agreement between the City of Pasco and Port of Pasco. Under that agreement, the City will manage the project activities and submit all invoices to the Port. As the recipient of a $3.2M Washington State Department of Commerce Grant, authorized by the 2012 State Legislature, the Port will administer the grant funds. C) The project was designed by HDR, Inc. and advertised on March 3, 2013, March 109 2013, March 17, 2013, and March 24, 2013, with a bid opening on April 9, 2013. V. DISCUSSION: A) On April 9, 2013, the City received five (5) bids for the project. The low bid was received from Premier Excavation, Inc. in the amount of $2,913,716.40, including applicable sales tax. The second lowest bid was received from Rotschy, Inc. in the amount of $3,094,284.31, including applicable sales tax. B) The Engineer's Estimate is $3,411,942.00, including applicable sales tax. C) Staff recommends award of the contract to Premier Excavation, hie. 10(b) U) 0 U U) a a m 0 z a J_ W C7 a I- ry W 2 City of Pasco Heritage Industrial Center Primary Lead Track, Phase 2 Big Pasco Industrial Center Hub Development, Phase 5b April 9, 2013 BID SUMMARY The following is the Bid Summary for award of the project and includes Schedule A. Alternate Al. Alternate A2, Schedule B, Alternate B1, Alternate B2, and Alternate B3. Engineers Estimate $3,411,942.00 Premier Excavation $2,9131716.40 Rotschy, Inc. $3,094,284.31 Railworks Track Systems $39182.265.51 Culbert Construction $3,4103701.04 DelHur Industries $35725,034.18