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HomeMy WebLinkAbout2013.05.20 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. May 20, 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 May 6, 2013. 2. Minutes of the Special Pasco City Council Meeting dated May 13, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,106,229.20 ($56,872.99 in the form of Electronic Fund Transfer Nos. 15001, 15019, 15020 and 15029; and $1,049,356.21 in the form of Wire Transfer Nos. 1319 through 1321; and Claim Warrants numbered 192868 through 193109). 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 $147,018.23 and, of that amount, authorize $98,241.70 be turned over for collection. (c) Appointment to Parks and Recreation Advisory Council: (NO WRITTEN MATERIAL ON AGENDA) To appoint Jennifer Martinez to Position No. 1 (expiration date 2/2/14) to the Parks and Recreation Advisory Council. (d) Appointments to Historic Preservation Commission: (NO WRITTEN MATERIAL ON AGENDA) To appoint Malin Bergstrom to Position No. 1 (expiration date 8/1/14) and reappoint Devi Tate to Position No. 5 (expiration date 8/1/16) to the Historic Preservation Commission. (e) Franklin County Affordable Housing Interlocal Agreement (MIT #AGRMT2013 -003): 1. Agenda Report from Rick White, Community & Economic Development Director dated May % 2013. 2. May 1, 2013 letter from Benton Franklin Counties Department of Human Services. 3. Draft First Amendment to the Interlocal Cooperation Agreement. 4. Underline and Strikeout Summary of the Proposed Revisions. 5. Proposed Resolution. To approve the First Amendment to the Interlocal Cooperation Agreement and Bylaws with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering BB 2060 generated surcharge funds for housing programs and, further, authorize the Mayor to sign the Amendment. (f) Professional Services Agreement for Water Resources Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 7, 2013. 2. Professional Services Agreement Summary. To approve the Professional Services Agreement with Murray Smith and Associates for Water Resources Plan in the amount of $81,465 and, further, authorize the City Manager to sign the agreement. (g) Traffic Signal Controller Replacement Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 8, 2013. 2. Amendment No. 1 to Professional Services Agreement. To approve Amendment No. 1 to the Professional Services Agreement with Kittelson & Associates, Inc., for the Traffic Signal Controller Replacement Plan, not to exceed $30,000 and, further, authorize the City Manager to sign the agreement. Regular Meeting 2 May 20, 2013 (h) Amendment to Interlocal Agreement with Port of Walla Walla for Wastewater Treatment and Disposal Services: 1. Agenda Report from Stan Strebel, Deputy City Manager dated May 6, 2013. 2. Proposed Amendment. To approve Amendment No. 1 to the hiterlocal Agreement with the Port of Walla Walla for Wastewater Treatment and Disposal Services and, further, to authorize the Mayor to sign the Agreement. (i) Encroachment Agreement for Franklin County Jail: 1. Agenda Report from Stan Strebel, Deputy City Manager dated May 8, 2013. 2. Proposed Agreement. To approve the Encroachment Agreement with Franklin County and, further, authorize the City Manager to sign the document. *(j) Dedication Deed: Deed for a Portion of Road 52 (MF #DEED2013 -004): 1. Agenda Report from Dave McDonald, City Planner dated May 15, 2013. 2. Vicinity Map. 3. Right -of -Way Dedication Deed from Lance and Janell Dever. To accept the dedication deed from Lance and Janell Dever for a portion of Road 52. (k) Resolution No. 3471, a Resolution of the City of Pasco accepting the Planning Commission Action Plan for resolving issues involving automobile repair operations and directing the Commission to prepare the necessary code amendments. 1. Agenda Report from Rick White, Community & Economic Development Director dated May 6, 2013. 2. Proposed Resolution. To approve Resolution No. 3471, accepting the Planning Commission Action Plan for resolving conflicts between violations of the Pasco Municipal Code and automobile repair businesses. (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 April 2013. (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (None) 9. UNFINISHED BUSINESS: (None) Regular Meeting 3 May 20, 2013 10. NEW BUSINESS: *(a) 2012 Overlays, Project No. C5- ST- 3R -12 -02 and 4`s Avenue Corridor (Court Street to I- 182), Project No. C2- 10- 06 -STR: 1. Agenda Report from Mike Pawlak, City Engineer dated May 13, 2013. 2. Vicinity Map — 2012 Overlays. 3. Vicinity Map — 4h Avenue Corridor. 4. Bid Summary. (RC) MOTION: I move to award the low bid for the 2012 Overlays and 4" Avenue Corridor (Court Street to I -182) Projects to Granite Construction, Inc., in the amount of $1,682,602.96 and, further, authorize the Mayor to sign the contract documents. *(b) "A" Street / V Avenue Railroad Crossing: 1. Agenda Report from Mike Pawlak, City Engineer dated May 13, 2013. 2. Vicinity Map. 3. Bid Summary. *(RC) MOTION: I move to award the low bid for the "A" Street / 0 Avenue Railroad Crossing Project, Base Bid, to Ray Poland and Sons, Inc., in the amount of $48,023.00 and, further, authorize the Mayor to sign the contract documents. *(c) Maple Drive Sewer Extension: 1. Agenda Report from Mike Pawlak, City Engineer dated May 13, 2013. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the Maple Drive Sewer Extension Project to Sharpe & Preszler Construction Company, Inc., in the amount of $76,100.91, including applicable sales tax and, further, authorize the Mayor to sign the contract documents. *(d) Professional Services Agreement HDR — Construction Management: 1. Agenda Report from Mike Pawlak, City Engineer dated May 16, 2013. 2. Vicinity Map. 3. Professional Services Agreement Summary Sheet. MOTION: I move to approve the Professional Services Agreement with HDR, authorizing Construction Engineering Services with respect to the Heritage Industrial Center Primary Lead Track, Phase 2 — Big Pasco Industrial Center Hub Development, Phase 5b Project, not to exceed $109,179 and, further, authorize the City Manager to sign the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...." Q Quasi - Judicial Matter 1. 4:00 p.m., Monday, May 20, Ben - Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 6:00 p.m., Monday, May 20, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 3. 4:00 p.m., Thursday, May 23, 7130 W. Grandridge Blvd — TRIDEC Board Meeting. ( COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 5:30 p.m., Thursday, May 23, 710 W. Court Street — Benton - Franklin Community Action Connections Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 6, 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, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated April 15, 2013. (b) Bills and Communications: To approve General Claims in the amount of $2,072,789.23 ($253,044.13 in the form of Electronic Fund Transfer Nos. 14740, 14804, 14818 and 14884; and $1,819,745.10 in the form of Wire Transfer Nos. 1307, 1308, 1312 through 1316; and Claim Warrants numbered 192627 through 192867). To approve Payroll Claims in the amount of $2,387,593.91, Voucher Nos. 45364 through 45433 and 80260 through 80269; and EFT Deposit Nos. 30058630 through 30059209. (c) Appointments to Parks and Recreation Advisory Board: To appoint Arthur Job to Position No. 3 and reappoint Edmon Daniels to Position No. 5 (both with the expiration date of 2/2/15); and to appoint Craig Howell to Position No. 4, Jason Ruud to Position No. 6, and reappoint Abigail Kidd to Position No. 7 (all with the expiration date of 2/2/16) to the Parks and Recreation Advisory Board. (d) 2012 Fire Department Performance Report: To accept the Pasco Fire Department 2012 Performance Report. (e) "A" Street Railroad Crossing UTC Grant: To accept the grant offered by UTC in the amount of $25,000 for the 1st and "A" Street railroad crossing and, further, authorize the Mayor to sign the agreement. (f) Interlocal Cooperative Agreement with Franklin County: To approve the Interlocal Cooperative Agreement for Chip Sealing Services with Franklin County and, further, authorize the Mayor to sign the agreement. (g) Columbia Water Supply — Raw Water Intake: To approve the Professional Services Agreement with the US Army Corps of Engineers for Environmental Services with respect to the Columbia Water Supply Project in the amount of $57,450.37 and, further, authorize the City Manager to sign the agreement. (h) Waiver of Sewer Utility Service Requirements (2113 Market Drive) (MF #USW2013 -008): 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 6, 2013 To approve the sewer utility service waiver at 2113 Market Drive and, further, authorize the City Manager to sign the Waiver Agreement. (i) Resolution No. 3468, a Resolution of the City Council of the City of Pasco, Washington, Ratifying the Proposed Appointments of the Tri -Cities Regional Public Facilities District for Pro and Con Committees. To approve Resolution No. 3468, ratifying the Proposed Appointments of the Tri- Cities Regional Public Facilities District for Pro and Con Committees. (j) Resolution No. 3469, a Resolution accepting work performed by Ray Poland & Sons, Inc., under contract for the 5th Avenue Sewer Repair, Project No. C7 -SE- 2R-12-20. To approve Resolution No. 3469, accepting the work performed by Ray Poland & Sons, Inc., under contract for the 5th Avenue Sewer Repair Project. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented a Proclamation to Donald Klippstein, Director of Marketing, Columbia Basin Hearing Center, proclaiming May 2013 "Better Hearing Month." REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Garrison attended the Tri- Cities Visitor and Convention Bureau Board meeting, the TRIDEC Board of Directors meeting and the Hanford Communities Governing Board meeting. Mr. Martinez attended the Park and Recreation Advisory Board meeting, the Tri- Cities Regional Public Facilities District Construction Committee meeting, the Cinco De Mayo Celebration and the Hispanic Academic Achievers Program Awards. Mr. Yenney attended the Road 68 Improvements Open House, commented on the landscaping at the Steptoe Rd. extension in Kennewick and noted May 13 -17 is Candidate Filing Week. Mr. Hoffmann reported on the Franklin County Mosquito Control District meeting. Ms. Francik attended the Road 68 Improvements Open House, the Tri-Cities Regional Public Facilities District Construction Committee meeting and the Tri- Cities Evolution discussion. Mayor Watkins attended the Cinco de Mayo Celebration and reported on a tour of Zen - Noh Hay Co. at the Port of Pasco. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (MF #VAC2011 -008) Portions of East Lewis Place from Heritage Blvd to SR -12. Mr. White explained the details of the proposed street vacation. MAYOR WATKINS CONTINUED THE PUBLIC HEARING TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 6, 2013 Ordinance No. 4102, an Ordinance vacating portions of East Lewis Place. MOTION: Ms. Francik moved to adopt Ordinance No. 4102, vacating portions of East Lewis Place and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4103, an Ordinance prohibiting parking on various streets, amending Section 10.56.080 of the Pasco Municipal Code; and permitting limited time (two -hour) parking on various streets, amending Section 10.56.110 of the Pasco Municipal Code. Council and staff discussed the details of the proposed parking ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4103, adding parking restrictions on certain streets and, further, to authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Ordinance No. 4104, an Ordinance concerning wages for Temporary Non - Management, Non - Represented Personnel. Council and staff discussed the details of the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4104, revising the Temporary Employee Wage Plan for calendar year 2013 and, further, to authorize publication by summary only. Mr. Hoffmann seconded. Motion carried unanimously. Resolution No. 3470, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of a temporary cellular tower at 6600 Burden Boulevard. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3470, approving the special permit for the location of a temporary cellular tower at 6600 Burden Boulevard as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. UNFINISHED BUSINESS: Reconsider Street Vacation. MOTION: Mr. Larsen moved to reconsider Street Vacation (MF #VAC2013 -001) from the April 15, 2013 meeting. Mr. Yenney seconded. Council and staff discussed the details of the vacation. Motion failed by the following Roll Call vote: Yes — Yenney, Larsen. No — Watkins, Francik, Garrison, Hoffmann, Martinez. MISCELLANEOUS DISCUSSION: Mr. Crutchfield noted there will be an additional Park and Recreation Advisory Board interview at the May 13 workshop meeting. Mr. Hoffmann reported a citizen comment on the lack of advertising for TRAC events. Mayor Watkins noted the `State of the Cities' event will be held May 22. MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 6, 2013 EXECUTIVE SESSION: Council adjourned to Executive Session at 7:44 p.m. for approximately 20 minutes to discuss acquisition of Real Estate with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:04 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:04 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 20th day of May, 2013. 10 MINUTES SPECIAL MEETING PASCO CITY COUNCIL MAY 135 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, Michael Garrison, Saul Martinez, Matt Watkins, Robert Hoffmann, Tom Larsen and Al Yenney. Staff present: Gary Crutchfield, City Manager; Lee Kerr, City Attorney; Rick Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief; and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. 3. BUSINESS ITEM FOR DISCUSSION: PUBLIC MEETING — POWERLINE ROAD IMPROVEMENTS PROJECT NO. C5 -ST- 3A-12-52: (a) Powerline Road Improvements Project No. C5- ST- 3A- 12 -52: Mr. Qayoumi explained the project involves the installation of a 28' wide core road, with curb and gutter on the southside from the intersection of Broadmoor Boulevard to Road 68. The project was advertised on April 14, 2013 and March 21, 2013 with a bid opening on May 1, 2013. On May 1, 2013, the City received nine (9) bids for the project. The low bid was received from Big D's Construction of Tri- Cities, Inc. in the amount of $917,622.60. On May 3, 2013, the City received a Notice of Protest from Inland Asphalt Company (Second Low Bidder) challenging the award of the bid. Mr. Lee Kerr, City Attorney explained his opinion of the law permits the City to proceed with the proposed bid award and noted that as of 5:00pm this day the City had not received a Restraining Order to prevent the City from proceeding. MOTION: Ms. Francik moved to award the low bid for the Powerline Road Improvements Project to Big D's Construction of Tri - Cities, Inc, in the amount of $917,622.60 and, further, authorize the Mayor to sign the contract documents. Mr. Martinez seconded. Council discussion continued. Roll Call vote: Motion passed unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:07 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 20th day of May, 2013. 3(a).2 CITY OF PASCO Council Meeting of: May 20, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the se s rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation sins a city and that we are authorized to authenticate and certify to said claim. Dunyele Mason, Oinance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 20 day of May, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 192868 - 193109 In The Amount Of: $ 1,049,356.21 Electronic Funds Transfers: 1319, 1320, 1321 Electronic Funds Transfers: 15001, 15019, 15020 In The Amount Of: $ 56,872.99 (Journal Entries) 15029 Combined total of $1,106,229.20 Councilmember GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVEL & INFRASTRUCT GENERAL CAP PROJ CONSTRUCTION WATERISEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL /DENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 228,554.59 121,758.00 72.00 0.00 535.34 0.00 0.00 0.00 $ 11106,229.20 3(b)ul FOR: TO: FROM: SUBJECT: I. II. III. IV. AGENDA REPORT City Council DATE: May 15, 2013 Gary Crutchfie i Manager REGULAR: May 20, 2013 Rick Terway, dmmistrative & Com Services Director Dunyele Maso , Financial Services Manager `� � BAD DEBT WRITE -OFF'S /COLLECTION. REFERENCE (S): Write -off and collection lists are on file in the Finance Department, 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 $147,018.23 and, of that amount, authorize $98,241.70 be turned over for collection. 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 .00 either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ .00 .00 .00 Ambulance $ 48,776.53 175307.70 66,084.23 Court A/R $ .00 80,714.00 80,714.00 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 220.00 220.00 TOTAL: $ 48,776.53 98,241.70 147,018.23 ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b)a2 FOR: City TO: FROM: SUBJECT: I. II. III, IV V AGENDA REPORT May 9, 2013 Gary Crutchfty Manager Workshop Mtg.: 5/13/13 Rick I`4 U RegularMtg.: 5 /20/13 White, �J Community & Economic Development Director C Franklin County Affordable Housing Interlocal Agreement (MF# AGRMT2013 -003) REFERENCE(S): 1. May 1,2013 letter from Benton Franklin Counties Department of Human Services 2. Draft First Amendment to the Interlocal Cooperation Agreement 3. Underline and strikeout summary of the proposed revisions 4. Proposed Resolution ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/13/13: DISCUSSION: 5/20/13: MOTION: I move to approve the First Amendment to the Interlocal Cooperation Agreement and Bylaws with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering HB 2060 generated surcharge funds for housing programs and further, authorize the Mayor to sign the Amendment. FISCAL IMPACT None HISTORY AND FACTS BRIEF: A. In April 2002, the State Legislature approved Substitute House Bill (HB) 2060 which authorized a $10.00 surcharge for certain recorded documents. The "Affordable Housing for All Surcharge" is to be used for eligible housing activities that serve extremely low and very low income households. B. The existing Interlocal Agreement with Benton Franklin Counties Department of Human Services (DHS) was approved by Council in September of 2011 and signed by the Franklin County Commissioners in October of 2011. Under the terms of the Interlocal Agreement, DHS administers and monitors the Agreement and the dispersal of housing funds on behalf of the County. C. A Surcharge Oversight Committee composed of nine (9) representatives, appointed by the member Cities and Franklin County, provides recommendations on the use of the collected funds. D. Recommendations of the Committee are presented to the Franklin County Board of Commissioners to make final funding decisions. If the Commissioners vote contrary to the recommendation of the Committee they must support that decision with findings. DISCUSSION: A. The Amendment to the Interlocal Agreement corrects a typographic error in "Section 4. Administration" by replacing `DSHS" with "DHS." B. The Amendment also revises the Bylaws "Section B. Fund Availability" to establish a process for publication of an additional Request for Proposals under certain circumstances, such as rejection of all applications, failure to award all funds or failure to meet identified needs in the community. C. Staff has reviewed the proposed Amendments and recommends Council approval. 3(e) BENTON AND FRANKLIN COUNTIES DEPARTMENT OF HUMANS �E- May 1, 2013 Pasco 010 Hall RECEIVED Matt Watkins, Mayor City of Pasco MAY 0 3 2013 525 N. 3rd Ave. Pasco, WA 99301 City Manue b 3e8 Re: First Amendment to Franklin County Affordable Housing Interlocal Agreement � �= Dear Mayor Watkins, The Franklin County Affordable Housing (2060) Interlocal Agreement was originally signed on October 12, 2011 for a term of five (5) years. As you may be aware, funds for the 2060 Affordable Housing Agreement are from certain documents recorded with County Auditors office for the purpose of providing funds for affordable low- income housing. Recently, there was a request made by Franklin County Commissioner Peck to amend the 2060 Affordable Housing Interlocal Agreement. A First Amendment to the current Interlocal Agreement was approved to from by Franklin County Deputy Prosecuting Attorney, Ryan Verhulp. The changes that were made are as follows: 1. Section 4. Administration, (a), 4. was replaced in its entirety to read: 4. The Administrator of DHS or designee, as a non - voting member ex- officio. 2. Section B. Fund Availability, first bullet point of the First Amended EXHIBIT A to SHB 2060 - Interlocal Agreement was replaced in its entirety to read: On an annual basis, the Benton and Franklin Counties Department of Human Services shall on behalf of the Oversight Committee (hereinafter Committee), publish a Request for Proposals (RFP) through its established methods. Should the RFP process result in a rejection of all applications, fail to award all available funds, or fail to meet identified needs in the community, the Benton and Franklin Counties Department of Human Services may publish additional Request for Proposals within that year which must be reviewed by the Committee. Please review the enclosed final and approved drafts of the First Amendment to the Franklin County Affordable Housing (2060) Interlocal Agreement, and First Amended EXHIBIT A to SHB 2060 - Interlocal Agreement documents, sign and return all three of the original signature pages to the Benton and Franklin Counties Department of Human Services, so that we may proceed with the execution of the First Amended Franklin County Affordable Housing (2060) Interlocal Agreement. Please do not hesitate to contact me of you have any further questions on this process. Sincerely, j 6-La.c Tracy Diaz U Deputy Administrator ED THORNBRUGH, ADMINISTRATOR 7102 WEST OKANOGAN PLACE, SUITE 201 ♦ KENNEWICK, WA 99336 PHONE (509) 783 -5284 ♦ FAX (509) 783 -5981 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN AND: THE CITY OF CONNELL, THE CITY OF KAHLOTUS, THE CITY OF MESA, AND THE CITY OF PASCO ADMINISTERING FUNDS GENERATED THROUGH THE AFFORDABLE HOUSING FOR ALL SURCHARGE RCW 36.22.178 This First Amendment is made and entered into by and between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY ", with its principal offices at 1016 North Fourth Avenue, Pasco, Washington 99301; the City of Connell, a municipal corporation with its principal offices located at 104 E. Adams Street, Connell, Washington 99326; the City of Kahlotus, a municipal corporation with its principal offices located at E. 130 Weston, Kahlotus, Washington 99335; the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343; and the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco, Washington 99301, hereinafter collectively referred to as "CITIES ". In consideration of the mutual benefits and covenants contained herein, the parties agree that their Interlocal Agreement, numbered as Franklin County Resolution No. 2011 346 and executed on October 12, 2011, Sec. 4., Administration, shall be amended and replaced in its entirety with the following Sec. 4, Administration; and the attached hereto and incorporated herein by reference First Amended EXHIBIT A to SHB — Interlocal Agreement shall replace in its entirety EXHIBIT A to SHB 2060 — Interlocal Agreement: Sec 4. Administration: Recommendations for the allocation of COUNTY retained portions of the Surcharge shall be made by the Surcharge Oversight Committee (hereinafter "Committee "). All Committee members shall be elected or appointed officials, directors or employees of the respective government entity which they represent. Each member shall serve at the pleasure of the legislative body appointing them to the position, and their terms shall not be limited or restricted in any other fashion. The Committee shall discharge its duties pursuant to the terms of the Operating Bylaws attached as First Amended Exhibit A and hereby adopted by reference. The members of the Committee may change provisions of the Operating Bylaws by majority vote so long as such changes are not contrary to law or to this Interlocal Agreement. All recommendations of the Committee shall be presented by the Administrator of the Benton and Franklin Counties Department of Human Services (hereinafter "DHS ") to the Franklin County Board of Commissioners, who shall, by majority vote, make final funding decisions. If the Franklin County Board of Commissioners votes in a manner contrary to the recommendations by the Committee, then findings, on the record, shall be made to support such a contrary vote. Page 1 of 7 (a) The Committee shall be composed of the nine (9) representatives appointed by the Cities and Franklin County. More specifically: 1. The County Administrator for Franklin County or designee. 2. The City of Pasco shall appoint a minimum of one (1) up to a maximum of four (4) representatives, 3. The Cities of Connell, Kahlotus, and Mesa shall each appoint one (1) representative each to the Committee for a total of three (3). 4. The Administrator of DHS or designee, as a non - voting member ex- officio. The DHS shall be responsible for the administrative aspects of managing the COUNTY retained portions of the Surcharge. These responsibilities shall include any and all tasks associated with the funding source up to and including but not limited to: managing the Interlocal Agreement, application, and Request for Proposals (RFP) processes, providing technical assistance to interested applicants, administrative support to the Oversight Committee during the process of applicant screening and selection, administration of contracts necessary for selected projects. The initial 5% of the surcharge permitted to be retained by COUNTY for administrative purposes shall be allocated to DHS to help defray its expenses, including salaries of employees, necessary in carrying out its responsibilities under this paragraph. All awarded funds shall be disbursed pursuant to an appropriate contract between the award recipient and COUNTY. Such a contract shall ensure that the awarded funds are used solely for purposes permitted by RCW 36.22.178 and shall provide mechanisms for COUNTY to recover the awarded funds if they are misused. Except as expressly provided in this First Amendment, all other terms and conditions of the original Interlocal Agreement, and subsequent amendments, addenda or modifications thereto, remain in full force and effect. The parties have caused this First Amendment to be signed as follows: BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Rick Miller, Chair Robert E. Koch, Chair Pro -Tem Brad Peck, Member Page 2 of 7 ATTEST Clerk of the Board APPROVED AS TO FORM: Shawn P. Sant Franklin County Prosecuting Attorney Ryan E. Verhulp Civil Deputy Prosecuting Attorney Page 3 of 7 First Amended EXHIBIT A to SHB 2060 - Interlocal Agreement Operating Bylaws for Interlocal Agreement Franklin County Oversight Committee AFFORDABLE HOUSING FOR ALL FUND Introduction The provisions of Substitute House Bill 2060 became law in Washington State on June 13, 2002 and was amended in 2007 by House Bill 1359. This law, codified as RCW 36.22.178, created a document recording surcharge (hereinafter "Surcharge ") on certain documents to be utilized for low- income housing for those individuals with incomes at or below fifty percent (50 %) of the average area median income. E2SHB 1359 added language to the legislation that a priority for these funds be given to eligible housing activities that serve extremely low- income households with income at or below thirty percent (30 %) of the area median income. The SHB 2060 fund enables housing to be affordable to a broader range of very low- income households than would be possible without such subsidies. Administration of the fund is shared between local governments and the State. The local portion of 2060 funds is to be administered pursuant to an Interlocal Agreement between the County and the Cities within the County and is entitled the "Affordable Housing for All Fund" (hereinafter the "Housing Fund "). A. Statutory Guidelines for Fund Dispersal RCW 36.22.178, as amended by House Bill 1359 (2007), provides the following parameters on the allocation of that portion of the Surcharge which is retained by the County: "(2) The funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for eligible housing activities as described in this subsection that serve very low- income households with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very low- income households in the county and the cities within the county according to an interlocal agreement between the county and the cities within the county consistent with countywide and local housing needs and policies. A priority must be given to eligible housing activities that serve extremely low- income households with incomes at or below thirty percent of the area median income. Eligible housing activities to be funded by these county funds are limited to: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low- income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy units; (b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low- income households with incomes at or below fifty percent of the area median Amended Exhibit A Attachment to SHE 2060 Interlocal Agreement Franklin County income, and that require a supplement to rent income to cover ongoing operating expenses; (c) Rental assistance vouchers for housing units that are affordable to very low- income households with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development's section 8 rental assistance voucher program standards; and (d) Operating costs for emergency shelters and licensed overnight youth shelters." B. Fund Availability ❖ On an annual basis, the Benton and Franklin Counties Department of Human Services shall on behalf of the Oversight Committee (hereinafter Committee), publish a Request for Proposals (RFP) through its established methods. Should the RFP process result in a rejection of all applications, fail to award all available funds, or fail to meet identified needs in the community, the Benton and Franklin Counties Department of Human Services may publish additional Request for Proposals within that year which must be reviewed by the Committee. Applications will be distributed to all parties requesting them and be collected for consideration of funding awards. ❖ The application format for funding from the Housing Fund shall be the same as is used by the State of Washington, Housing Trust Fund or subsequently modified version(s) containing the same detailed information. C. Eligible Recipients Eligible recipients of the funding from the Housing Fund shall be certified non - profit agencies or providers of affordable housing, Cities, Towns, the County, and for - profit developers. D. Housing Fund Distribution The funds shall be included in the annual NOFA process addressing the categories of need enumerated herein: The acquisition, rehabilitation and /or new construction of housing projects or units within housing projects that serve clients who have incomes at or below 50% of the Median income, based on current HUD income guidelines for the Benton and Franklin Counties - Metropolitan Statistical Area (MSA). 2. Operating and maintenance costs for housing that is in compliance with RCW 36.22.178. [Applicants shall be strongly encouraged to apply to the Washington State Department of Commerce for these dedicated funds if the project is submitting an application to the Housing Trust Fund as well as for local funds.) Amended Exhibit A Attachment to SHB 2060 Interlocal Agreement Franklin County 3. Rental Assistance vouchers for housing projects or units within housing projects that are at or below 50% of median based on the current HUD income guidelines for the Benton and Franklin Counties MSA and administered by a local housing authority or other local organization that has an existing or newly created HUD recognized rental assistance voucher program consistent with HUD Section 8 unless the project is serving homeless persons, or persons at risk for homelessness, or households below thirty percent (30916) of the area median income; and 4. Operating costs for emergency shelters and licensed overnight youth shelters that are in compliance with RCW 36.22.178 and WAC 388 -160. E. Availability of Applications: (Tentative Program Dates) Applications Available: August Applications Due: October Application Review October Committee Review of Successful Applicants November Decisions announced by: December Funds Available * *: January** ** After Contracts/Agreements have been approved and signed). F. Reporting Requirements: Recipients of the funding from the Surcharge shall provide quarterly updates and annual reports detailing their use of funds on a format acceptable to the Benton and Franklin Counties Department of Human Services. The Department shall in turn provide a written report detailing the uses to which the funds were put and disseminate the same to members of the Committee on an annual basis, or as requested by Committee members. G. Terms and Conditions of Funding: Funding generally should not be awarded for predevelopment funding purposes except where a majority of the committee finds special and compelling reasons why predevelopment funding is of particular benefit in a particular case. In such cases, funding shall not be made unless a majority of the committee enters or adopts specific factual findings that demonstrate the benefits presented by the predevelopment funding. Such factual findings shall be retained in the official records of Committee proceedings kept on behalf of the Committee by DHS, and shall be available for public inspection or copying pursuant to the Public Records Act, RCW 42.56 et seq, as then existing. Funding commitments from the Housing Fund can be made but commitments from other sources shall be obtained prior to disbursement of funds from the Housing Fund. Applicants must obtain funding commitments within 2 years, unless the Steering Committee elects to waive this requirement having been petitioned by the applicant due to a financially minor project proposal. Amended Exhibit A Attachment to SHB 2060 Intedocal Agreement Franklin County Terms and conditions of funding, consistent with state and federal laws shall be implemented into funding contracts which shall, at a minimum, state the allowable purposes for the funding, provide for complete cooperation by the recipient with oversight and audits by the Benton and Franklin Counties DHS, repayment terms, if any, and applicable time lines and time frames for use of funds. Such contracts shall be by and between Franklin County and the recipient and no funds may be disbursed prior to the execution of such contracts. For purposes of this provision, the incurring of costs by a potential recipient, with the expectation that such costs will be defrayed by funding, constitutes disbursement of funds. All projects shall be evaluated for the ability to repay the investment of the Affordable Housing funding. The evaluation shall be based on the information provided in the application such as overall agency budget, amount of matching or leveraged funds, and amount of funding requested versus total project development costs. Projects shall not rely solely upon Affordable Housing funds for completion. Funding applicants shall be thoroughly reviewed and screened by the Committee with the assistance of DHS, and factors, bearing on the applicant's suitability for funding of this nature, shall be considered in addition to the amount of funding and the nature of the project. Information necessary to consider such factors may be obtained directly from funding applicants by way of application forms or similar documents, or by other such background investigation as Committee members see fit. Such factors shall include, but need not be limited to: S Experience and capacity of applicant for affordable housing projects; ❖ Whether or not applicant has defaulted on any provision of affordable housing related loans or grants in the past, including paying "opt out" or "buy out" penalties to avoid a default in any project in order to avoid keeping such project "affordable" for a given period of time. Such applicants generally should be disqualified, absent compelling reasons why they are the only appropriate funding recipient for a necessary project. ❖ The fiscal strength of the applicant to include a review of recent fiscal audits, ability of the agency to leverage additional funds, and creditworthiness; • :• Reputation, experience and fiscal strength of any major partners; Terms and conditions of funding shall be reduced to a written contract, to be executed between Benton and Franklin DHS on behalf of Franklin County and the funding recipient. Such written contract shall, at a minimum, address the following: ❖ Minimum period of time which the funding recipient must maintain the anticipated project in "affordable" status. This period of time shall be determined by the Committee on a project by project basis with guidance and recommendations provided by the Administrator of Benton and Franklin DHS or designee; ev Time frame for construction /rehabilitation and subsequent occupancy; Amended Exhibit A Attachment to SHB 2060 merlocal Agreement Franklin County Number and type of units to be made available as "affordable' units; �e On a project -by- project basis, the Committee shall determine the best funding vehicle to utilize so as to conserve the renewability of the funding, discourage misuse of funds, encourage geographic and jurisdictional equity, and abide by the intent of the authorizing statute. These vehicles include, but are not limited to: 0% interest loans, grants, and providing matching funds to qualify an applicant for funding from another government or private source; H. Measurement System for Allocating Revenue: The funding available in each round shall be determined by the amount collected in the fund on the month ending prior to application availability less any prior funding commitments. 1, Default by Housing Fund Recipient: All funding contracts shall have a mechanism by which Franklin County may recover any misappropriated or misused funds, along with an agreed upon amount of liquidated damages to compensate for consequential damages which may include the opportunity cost and time value of the money misappropriated or misused. K. Geographic Equity: The Committee shall be responsible for making certain that funds are distributed in a manner that provides long -term geographic equity. The overall intent is to insure overtime that all areas of Franklin County receive appropriate levels of funding through this initiative where possible. L. Subsidy Per Unit: The amount of funding per housing unit shall be set by the Benton and Franklin County Department of Human Services at a rate consistent with rates employed by other similar fund sources within the surrounding geographic area and best available information from local and federal resources. A unit shall be defined as a single - family home or a single apartment of any size in a multi - family complex. For example, a single - family duplex would be considered two (2) units. M. Project Monitoring: The Benton and Franklin Counties Department of Human Services shall monitor all projects and associated funding contracts for compliance with the funding terms and conditions. Amended Exhibit A Attachment to SHB 2060 Interlocal Agreement Franklin County Summary of Proposed Revisions Interlocal Agreement See 4. Administration: Recommendations for the allocation of COUNTY retained portions of the Surcharge shall be made by the Surcharge Oversight Committee (hereinafter "Committee "). All Committee members shall be elected or appointed officials, directors or employees of the respective government entity which they represent. Each member shall serve at the pleasure of the legislative body appointing them to the position, and their terms shall not be limited or restricted in any other fashion. The Committee shall discharge its duties pursuant to the terms of the Operating Bylaws attached as Exhibit A and hereby adopted by reference. The members of the Committee may change provisions of the Operating Bylaws by majority vote so long as such changes are not contrary to law or to this ]nterlocal Agreement. All recommendations of the Committee shall be presented by the Administrator of the Benton and Franklin Counties Department of Human Services (hereinafter "DHS ") to the Franklin County Board of Commissioners, who shall, by majority vote, make final funding decisions. If the Franklin County Board of Commissioners votes in a manner contrary to recommendations by the Committee, then findings, on the record, shall be made to support such a contrary vote. (a) The Committee shall be composed of the nine (9) representatives to be appointed by the Cities and Franklin County. More specifically: 1. The County Administrator for Franklin County or designee, 2. The City of Pasco shall appoint a minimum of one (1) up to a maximum of four (4) representatives, 3. The Cities of Connell, Kahlotus, and Mesa shall each appoint one (1) representative each to the Committee for a total of three (3), 4. The Administrator of DSHS or designee, as a non - voting member ex officio. Bylaws B. Fund Availability ❖ On an annual basis, the Benton and Franklin Counties Department of Human Services shall on behalf of the Oversight Committee (hereinafter Committee), publish a Request for Proposals (RFP) through its established methods. eategsr-y; ^y pel4ifteflt ififeRnation related tP the °OmPe`- - [nv0000mmc of deeisiexs. Should the RFP process result in a rejection of all applications fail to award all available funds, or fail to meet identified needs in the community, the Benton Franklin Department of Human Services may Publish additional Request for Proposals within that year which must be reviewed by the Committee RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITIES AND FRANKLIN COUNTY FOR ADMINISTRATION OF THE HB2060 AFFORDABLE HOUSING FOR ALL FUND WHEREAS, the Substitute House Bill 2060 authorizes a document surcharge which is used to address housing issues for low and extremely low income households; and WHEREAS, the Benton Franklin Counties Department of Human Services administers the Interlocal Agreement and funding process for equitable distribution of the local portion of the surcharge funds; and WHEREAS, the First Amendment to the Interlocal Agreement provides an option for better meeting local housing needs within the community; and WHEREAS, the City supports County efforts to improve housing availability in Franklin County, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the City Council approves the First Amendment to the Interlocal Agreement with Franklin County for administering Affordable Housing for All Funds, and authorizes the Mayor to sign the Agreement. PASSED by the City Council of the City of Pasco this day of 2013. Matt Watkins Mayor ATTEST: Debra L. Clark CMC City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 15 FOR: City Council May 7, 2013 TO: Gary Crutchfie i Manager FROM: Ahmad Qayo ', Public Works Director Workshop Mtg.: 5/13/13 Regular Mtg.: 5/20/13 SUBJECT: Professional Services Agreement for Water Resources Plan I. REFERENCE(S): 1. Professional Services Agreement Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5113: Discussion 5/20: MOTION: I move to approve the Professional Services Agreement with Murray Smith and Associates for Water Resources Plan in the amount of $81,465 and further, authorize the City Manager to sign the agreement. In. FISCAL IMPACT: Water Fund $31,465 Irrigation Fund $5000 IV. HISTORY AND FACTS BRIEF: A) The City owns and operates two water systems; one for domestic use and one for irrigation use. These systems are supplied by surface and ground water and include a surface water intake from the Columbia River, a system of 10 wells, with associated pumping and treatment equipment. B) The irrigation system has grown to include ten well sites, one river pump station, and a three million gallon standpipe, and now serves over 6,000 residential customers. In addition to the residential water users, the system also supplies irrigation for a soccer complex, five residential parks, two schools, and numerous landscaping areas maintained by the City. Service is provided from April through October. C) For the domestic system, the City owns 7,849 acre feet of water rights and another 1,810 under the Quad Cities Water Rights Permit. The City typically utilizes 13,400 acre feet of water annually. Ecology has committed to provide an additional 4,500 acre feet of water right through the Quad Cities Water Rights Permit, but that amount provides limited growth potential. The goal of the study is to determine how to best utilize limited water rights to meet future needs. D) Staff requested proposals from qualified consultants to prepare a Water Resources Plan to provide guidance towards achieving optimized utilization of limited water Resources in support of the City's growth and development objectives (Council goals for 2012 -2014) V. DISCUSSION: A) The Water Resources Plan will consider both the domestic and irrigation systems in their current and future cases. This plan will be based upon a relevant and appropriate planning horizon as developed by the consultant and the City including the following elements: System Capacity — for both the domestic and irrigation systems. The sources and uses of water will be enumerated and discussed for the current and future cases. Uses 3(f) of water will be described and quantified in terms of user classification consistent with City planning and development objectives showing the best utilization of the current drinking and irrigation water rights. The City has completed a Water Master Plan that was adopted by the City Council in 2011 that has a projection of the future needs and an outlined Capital Improvements list for water needs of future and current growth. • Water Conservation — the project will provide a review of water conservation practices, which may include conservation rate structures, implementation of landscaping codes, programmatic citizen conservation programs, etc. while focusing on the items discussed in the Water Master Plan adopted in 2011. • Provision of Service — the City currently provides water to a wide variety of users subject to various agreements regarding transfers and assumptions of water rights. The plan will evaluate and develop a Best Practices recommendation for the ongoing provision of water to specific user classes as determined during the project. This may include strategies for ongoing provisions of water outside City limits, water provision strategies that reinforce development objectives, and the like. • Capital Growth — the plan will provide a generalized approach for the systematic growth of the irrigation system consistent with the needs of the future case as described above. A preliminary program timeline and costs will be prepared using economic assumptions developed with the City. • Well Assessment and Rehabilitation — the plan will also include the development of a methodology for assessing the City's existing irrigation wells, as well as a replacement and rehabilitation strategy. • Hydraulic System Modeling — In order to properly plan for the growth of the irrigation system, the plan will include the development and calibration of appropriate hydraulic system models for any distinct irrigation water distribution system. The model will meet the following objectives: identification of system deficiencies; determination of the adequacy of the system's storage capacity; analysis of corrective improvements; and identifying potential for future system expansion. B) In February of 2013, Staff issued a Request for Proposal for the Water Resources Plan. On March 11, 2013, City received proposals from three consultants. After conducting interviews, the interview panel chose Murray Smith and Associates to be the most qualified. Staff recommends approval of the professional services agreement with Murray Smith and Associates in the amount of $81,465. The plan is expected to be complete by year end. Professional Services Agreement (Summary Sheet) Project: Water Resources Plan Consultant: Murray Smith and Associates Address: 1145 Broadwgy Plaza, Suite 1010, Tacoma WA 98402 Scope of Services: Evaluate current water rights, system demands, and system capacity, 11 Develop an irrigation system hydraulic model. Identify water system deficiencies and opportunities for expansion. E Identify potential conservation measures. ❑ Summarize water system policies and identify areas of improvement. 11 Complete a desktop groundwater well condition and planning assessment. 11 Develop and document a complete water resources plan. ❑ Present completed work in the form of the following final documents: • Irrigation system master plan • Water resources management plan with executive summary Term: May 20, 2013 Completion Date: December 31, 2013 Payments to Consultant: ❑ Hourly Rate: $ Z Fixed Sum of: $81,465 ❑ Other: Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ® $ 1 Mil each occurrence; and $ 2 Mil general aggregate 2, Professional Liability: 0 $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit Other Information: AGENDA REPORT NO, 23 FOR: City Council May 8, 2013 TO: Gary Crutchfi Manager FROM: Ahmad QayoMii,ublic Works Director Workshop Mtg.: 05/13/13 Regular Mtg.: 05/20/13 SUBJECT: Traffic Signal Controller Replacement Plan I. REFERENCE(S): 1. Amendment No. 1 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve Amendment No. 1 to the Professional Services Agreement with Kittelson & Associates, Inc., for the the Traffic Signal Controller Replacement Plan, not to exceed $30,000 and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: STP Funds $23,682 Local Funds $6,318 IV. HISTORY AND FACTS BRIEF: A) In September 2012, Council approved an agreement with Kittelson and Associates, Inc. in the amount of $19,972.97 to inventory, review conditions and to identify options with respect to the City's traffic signals. Of the City's 50 signals, 41 are over 20 to 40 years of age with controllers that are so outdated they can seldom be repaired if broken. Kittelson has now completed about 50% of the contracted work. V. DISCUSSION: A) During the past few months (especially during storms) a number of signals were lost, resulting in complaints from citizens. B) Additional STP funding has recently become available. The City has secured additional funding in the amount of $23,682 with a City match of $6,318. The additional funding of $30,000 can be used to provide communication plans and specifications for new controllers; design implementation allowing staff to have remote access for single diagnosis and updates; and to allow Police access to turn signals to emergency flashing mode. C) Staff recommends approval of Amendment No. i to the Professional Services Agreement with Kittelson & Associates, Inc, to accomplish the additional consulting work. 3(g) AMENDMENT NUMBER 1 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and Kittelson and Associates, Inc. entered into a Professional Services Agreement on September 12, 2012, to provide engineering and consulting services with respect to Traffic Signal Controller Replacement Plan (Mini Master Plan). NOW, THEREFORE, this agreement is amended to allow Kittelson and Associates, Inc. to provide additional engineering services as described on Exhibit A. Scone of Work: Scope of work includes additional professional services required for to provide communication plans and specifications for new controllers; design implementation allowing staff to have remote access for single diagnosis and updates; and to allow Police access to turn signals to emergency flashing mode. 2. Fee: The compensation for the work is based on a time and material basis not to exceed the amount of $30,000. Time of performance: The services shall be complete for the project on or before December 31, 2013. DATED THIS DAY OF , 2013. CITY OF PASCO: CONSULTANT — Kittelson and Associates, Inc. Gary Crutchfield, City Manager Chris Brehmer, P.E. Principle Engineer ATTEST: Debbie Clark, City Clerk Kittelson and Associates, Inc. Amendment No. 1 Professional Services Agreement — Mini Master Plan APPROVED AS TO FORM: Leland B. Kerr, City Attorney PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT", made and entered into between the City of Pasco, hereinafter referred to as the "City ", and YJttelsom & Associates, Inc. hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the Mini - Master Plan. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: i. Scope of work The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $19,972.97 without approval from the City, B, All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and by February 28, 2013. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees "), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City ,approval Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10, Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A this Agreement shall control. 12. Non - waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non - assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant ap_ainst contingent fees, The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices, Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Boa 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Kittelson & Associates, Inc. 610 SW Alder Street, Suite 700 Portland, OR 97205 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. malls, with proper postage and properly addressed, DATED THIS r —� DAY OF K-2012 CITY OF PASCO jj ATTEST 1 i be"ie Clark, City Clark CONSULTANT niitl bl� Chris Brehmer, Principal Engineer AP '.t 0.vv,VED AS TO FORM Leland B. Kerr, City Attorney Exhibit A Scope for City of Pasco Signal & Communication Concept Plan ( "Mini- Master Plan ") Review and comment on the existing conditions inventory/summary completed by City of Pasco Staff. Identify signal systems (hardware, software, communications) in use by neighboring agencies to evaluate their experiences and potential for cross- Jurisdictlon communication or resource sharing. • WSDOT South Central Region • Cities of Kennewick & Richland Identify up to two options for signal hardware /software, assess pros and cons of each option and provide a summary In tabular format to the City. • Participate in a conference call with City staff to discuss the signal hardware /software options. A recommendation will be identified based on the outcome of the conference call. • Summarize communication options, including benefits and planning level costs, for communications between traffic signals and to the traffic management center (TMC). This task will focus on connections and mediums, not on specifics of sizing and exact equipment locations. Refer to the contingency task for preliminary, design -level communications plan, if desired. The following options will be reviewed: o Peer- to- Peercorrldorcommunlcatlons: Identify up to two options for peer -to -peer interconnect between signal controllers on each key corridor. The options are assumed to include wireless and wired (copper or fiber). o Local to TMC: Identify up to three options for communication systems from the corridors /signals back to the TMC. It is assumed the options will be (1) fiber backhaul, copper local communications with Ethernet switches to local, vs. (2) wireless central to hub to local, or (3) a hybrid of the wireless, copper, and fiber. Develop a concept -level implementation plan for upgrades and locations; along with planning - level cost estimates & features summary for preferred signal hardware /software and communications. Summarize typical anticipated City staffing needs depending on the signal and communication system selected. Meet with City of Pasco staff in Portland to review the draft implementation plan elements (assumes one meeting in Portland). Provide guidance and mark ups to City to support City -led mapping /graphics illustrating concept level communications options (up to 6 hours of support assumed). Prepare a PowerPoint presentation summarizing the signal & communication concept plan suitable for City Council use, outlining costs /benefits and options, as well as staff recommendation, and next steps. • Prepare for and attend a meeting in Pasco with City staff and support or lead a technical summary presentation to the City Council. On the same day, complete a site visit to review recommendations and implementation plan on the ground. Contingency Tasks (Cost to be determined as needed) Summarize and provide recommendation between up to 3 candidate signal software /hardware traffic signal systems. This option should only be necessary if particular features desired by the City are not available In their current traffic signal system or if the controller options being evaluated do not include a central system that fully meets the potential needs of the City. • Develop a formal communication infrastructure concept. This would Include an architecture plan, concept communication design /routing plan to each major corridor; as well as communication elements necessary to connect to the central signal office station and other locations (such as the police) that may need a TMC terminal. This will require interactions with City Information Technology and potentlally other service providers In Pasco. • Development of a long -range Intelligent Transportation Systems (ITS) plan. This would include a planning level review of potential locations for ITS devices such as variable message signs, pan- tilt -zoom (PTZ) surveillance cameras, speed and travel time monitoring, etc. Deliverable Option (* indicates recommended deliverables assumed in above scone): *One Meeting in Portland — $1,200 *One Meeting in Pasco (2 KAI staff)— $4,000 Maps /Graphics — City to lead, KAI will provide guidance and red -line markups *PowerPoint summary with maps /graphics (suitable for council)— $2,000 Summary technical memorandum (draft and final) - $4,000 LABOR ESTIMATE Project Budget Form Pmjsa1 NwnBsr. 12539 rima rtwmsn PBamm"MaYw PIm 1. Praim Msnpw: SMO Cab: 91232012 RwgsM A nW rn.w I e RAW T4bw 2012 RYmbunabw MUl9pWt '' 1.00 OwNotemmuYp9w. 1.00 REIMBURSARLE6ESTIMATE TASK _ Noun COST _. -do _. _ - _ $1.064 2 $250 Task Oaaod kn 24 13.504 11 21,519 b 2555 0 1572 axis" sortl91ansmsew 2 2 21551 MYSga -.. A. Ytw WMI S IMaR2 N Pnmap}n 5O1'.: ":, 90.510- Mils +. OvMumm mSOWS wq comm 2 T 915.00 day 930.00 5 SImY MltMxvwlMva rpmnwb I ImpWnt pIM1 4 10 1 1303811 10 B p COnfurs" uIlm rkmmMM{ wollat pm E 10 7 S. 1 msaNbrhw. 65000 Mn6nq wkh PUSS W51n PDX CRY 0191010 Plan 1.!.'. 9 - 4 2 :': Tu0s COmN ii.., a 1 599040 bbl 9 T7M counW42,p11wn)0 - 5200.00 kAMICOm 10 OVOB Plapwa luMMW powwr m A a imar"O on a Rpwb Pasco Trip, mNlbB with wart, cows.$ she vism 10 12 12 13 1.a 4 quoup."PoiNfts TAP NrM SAqr m 2 Pro 4CtMN 1 1 i 3 LABOR RATE . A 722. 1 P 10i.Mll VaUT IABOR ESTIMATE 36860. 1 37.309.Nj 6373.121 Slow REIMBURSARLE6ESTIMATE TASK TASK Noun COST Unit Cost I S $1.064 2 $250 25 $3,315 24 13.504 11 21,519 7 2555 0 1572 1S 22.455 22 21551 SSIIL�SSIIIIIIIIITL KIM DMrWan u&* n Unit Cost I Units COS 1 CmwwMsSm bs 124.5 Sam KN hour 9995.00 2 Misses 490 191 yKKSMaaBlpb Pa1m9t9n PDX 90.510, rrw 9219.30 3 MYSga -.. SOp.`,' Ytw WMI S IMaR2 N Pnmap}n 5O1'.: ":, 90.510- Mils +. 9309.00 Pal T 915.00 day 930.00 5 Akwa 9300.00 1303811 B p -. 512500 pwam 7 Mew 1 msaNbrhw. 65000 Wy $50.00 It Tu0s COmN 599040 bbl 9 T7M counW42,p11wn)0 - 5200.00 kAMICOm 10 OVOB $19.00 imar"O on 11 Rpwb WAD 12 13 4 quoup."PoiNfts TAP NrM AGENDA REPORT FOR: City Council May 6, 2013 TO: Gary Crutchfie Manager Workshop Mtg.: 5 /13/13 Regular Mtg.: 5/20/13 FROM: Stan Strebel, D uty City Manager 0;0 SUBJECT: Amendment to hiterlocal Agreement with Port of Walla Walla for Wastewater Treatment and Disposal Services L REFERENCE(S): 1. Proposed Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve Amendment No. 1 to the Interlocal Agreement with the Port of Walla Walla for Wastewater Treatment and Disposal Services and, further, to authorize the Mayor to sign the Agreement. III. FISCAL IMPACT: WPM IV. HISTORY AND FACTS BRIEF: A) Council approved the interlocal agreement in February 2012 with authorization for the Mayor to sign the agreement when the conditions to establish the effective date for the agreement had been met. This was done on May 7, 2012. B) The agreement requires the Port to purchase the first block of treatment capacity (100,000 gpd annual average flow) within one year of the effective date (May 7, 2012) but not later than June 30, 2013. The purchase price, adjusted per the agreement for inflation, in 2013 is $912,600. C) The Port and the City have worked diligently to design the best possible route and to secure necessary easements. It appears that this work is now complete. The Port is awaiting its final permit from State Department of Natural Resources, which has advised, verbally, that the permit is forthcoming. The Port is also in the process of preparing bid documents for the directional drilling required to construct the sewer line under the river. The award of the bid will be conditional on the DNR permit. D) Given the remaining uncertainty with the DNR permit, the Port has requested a short delay in the deadline for purchase of the first block of capacity — to September 1, 2013. Staff feels the request is reasonable, under the circumstances, and recommends approval. V. DISCUSSION: A) Approval of Amendment No. 1 will accommodate the Port if Council is agreeable to the time extension. 3(h) When recorded, please return to: City of Pasco Attn: Gary Crutchfield, City Manager P. O. Box 293 Pasco, WA 99301 Amendment No. 1 to City of Pasco and Port of Walla Walla Interlocal Agreement for Waste Water Treatment and Disposal Services THIS AMENDMENT TO THE INTERLOCAL AGREEMENT (the "Amendment') is entered into by and between the City of Pasco, Washington a municipal corporation, herein called the "City," and the Port of Walla Walla, Washington, a municipal corporation, herein called the "Port," for the purpose of amending that certain Interlocal Agreement (the "Agreement'), dated May 7, 2012 regarding wastewater treatment and disposal services in the unincorporated Burbank area of Walla Walla County, Washington. The City and the Port are each a "Party" and are collectively the "Parties" to this Amendment. WHEREAS, the Parties entered into an Interlocal Agreement for wastewater and disposal services on May 7, 2013; and WHEREAS, the Parties desire to amend a section of the Agreement, extending the deadline for the Port to make payment for the first block of wastewater treatment and disposal capacity; and NOW THEREFORE, in consideration of the foregoing recitals which are incorporated herein, the City and the Port do hereby mutually consent and agree as follows: SECTION 1. That Section 2 "Capacity Purchase Timing," of the Agreement shall be amended to read as follows: Section 2: Capacity Purchase Timing A. The Port agrees to purchase the first block of treatment capacity M l-nft one year of4he of eefi_ e date of this w by not later than June 38 September 1, 2013. v-ozscocc .. ��, car Failure by the Port to make the initial purchase as specified shall act to terminate this Agreement. Waste Water Treatment and Disposal Services Agreement — Amendment No. 1 Page 1 B. The Port agrees to purchase the second block of treatment capacity within 15 years of the first payment for the first block of treatment capacity. The City may, in its sole discretion, elect to terminate this Agreement if the Port does not initiate purchase of the second block within the 15 -year period. The City must exercise such termination right within six months of the end of said 15 -year period. C. The Port may purchase a third block of treatment capacity at any time after the purchase of the second block of capacity. If the Port fails to purchase the third block of capacity within 50 years of the effective date of this Agreement, then the Port's option to purchase same shall expire. The Parties may extend the option through mutual written agreement. D. As of the effective date of this Agreement, the City shall allocate and reserve for the Port three (3) blocks of waste water treatment capacity (100,000 gpd annual average flow). Until such time as the Port's right to purchase a capacity block expires, the City shall maintain said reservation of capacity for the Port and shall not otherwise use or allocate said reserved capacity. The City shall keep records and accounts of the waste water treatment system capacity that include and reflect the Port's reserved capacity. SECTION 2. That all other terms and provisions of the Agreement shall remain as currently written. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year stated below. CITY OF PASCO Matt Watkins, Mayor Dated: PORT OF WALLA WALLA Paul Schneidmiller, Port Commission President Dated: Waste Water Treatment and Disposal Services Agreement— Amendment No. 1 Page 2 STATE OF WASHINGTON) ss County of Franklin ) On This day personally appeared before me MATT WATKINS, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 52013 STATE OF WASHINGTON) ss County of NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: On This day personally appeared before me PAUL SCHNEIDMILLER, Port Commission President of the Port of Walla Walla, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013 NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: Waste Water Treatment and Disposal Services Agreement— Amendment No. 1 Page 3 AGENDA REPORT FOR: City Council TO: Gary Crutchfie 0 Manager FROM: Stan Strebel, D uty City Managerp/ - SUBJECT: Encroachment Agreement for Franklin County Jail I. REFERENCE(S): 1. Proposed Agreement May 8, 2013 Workshop Mtg.: 5/13/13 Regular Mtg.: 5/20/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/13: Discussion 5/20: MOTION: I move to approve the Encroachment Agreement with Franklin County and, further, authorize the City Manager to sign the document. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) During the staking of the project for the jail expansion, it was discovered that the building would encroach by 5 inches on the City's right -of -way for 5a` Avenue. The City has a total of 80 feet for the right -of -way, therefore staff recommends approval of a 2.5 foot encroachment (allowing for any building attachment or overhang) for an 83.5 foot long section of the new jail building, until such time as the facility is no longer needed. B) With the encroachment there is room for the existing roadway section, plus a 5 foot sidewalk and 5 foot planter strip on the east (county) side of the right -of -way. 3(i) WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 ENCROACHMENT AGREEMENT THIS AGREEMENT dated this _ day of 2013, is by and between Franklin County hereinafter referred to as "County" and the City of Pasco, a State of Washington Municipality, hereinafter referred to as "Pasco." WHEREAS, County owns property adjacent to Pasco's right -of -way on 5th Avenue upon which it maintains a Courthouse Campus including the County jail; and WHEREAS, County has expanded the County jail and landscaping area resulting in an eighty foot (80) section of the western wall of the expanded jail encroaching approximately five inches (5 ") upon the adjacent Pasco right -of -way, which encroachment is more particularly described in Exhibit A; and WHEREAS, the jail and landscaping improvements in the right -of -way will be maintained by County, and Pasco is agreeable to allowing the encroachment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Grant of Encroachment. Pasco hereby grants and conveys to County for the benefit of its real property upon which the Courthouse Campus is located, a right of encroachment within Pasco's right -of -way on 5th Avenue upon that real property described in Exhibit A, attached and incorporated herein. 2. Maintenance of Encroachment Are The County shall be responsible, at its sole cost and expense, for the improvement and maintenance of the Encroachment Area, maintaining it in good condition and repair. Encroachment Agreement - 1 3. Indemnity. The County shall defend, indemnify and hold Pasco harmless from any claims, damages, judgments (including attorney fees) arising out of the negligent acts or omissions of the County resulting from its use, occupancy, or maintenance of the Encroachment Area, except for that arising as of result of the sole negligence of Pasco. 4. Running With The Land. This Agreement touches and concerns that real property described above, and shall run with the land and shall be binding upon the parties hereto and binding upon and for the benefit of the County, and each of its successors or assigns. 5. Termination. In the event the County, or its successors in interest demolishes that portion of the jail building or improvements, which are the subject of this Encroachment Agreement, this Agreement shall terminate and all rights granted through this Agreement, shall have no further force or effect. 6. General Terms. For the purpose of this Agreement, time is of the essence. In the event of a dispute, the parties shall first meet in a good faith attempt to resolve the dispute. If the parties are unable to resolve the dispute, with or without the assistance of mediation, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A in Pasco, Franklin County, Washington; and the substantially prevailing party shall be awarded its attorney fees and costs as an additional award and judgment against the other party. IN WITNESS WHEREOF, the Parties to this Agreement have set their hands as of the date first written above. FRANKLIN COUNTY CITY OF PASCO, WASHINGTON Commission Chair Gary Crutchfield, City Manager Encroachment Agreement - 2 STATE OF WASHINGTON) ss. County of Franklin On this day of 2013, before me personally appeared Chair, Franklin County Commission, described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON) ss. County of Franklin On this day of , 2013, before me personally appeared Gary Crutchfield, City Manager for the City of Paso, described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Encroachment Agreement - 3 Exhibit A Encroachment COMMENCING AT THE INTERSECTION OF 5TH. AVENUE AND VACATED OCTAVE STREET; THENCE ALONG THE CENTERLINE OF SAID VACATED OCTAVE STREET SOUTH 89 020'11" EAST, 40.00 FEET TO THE EASTERLY RIGHT -OF -WAY OF SAID 5TH. AVENUE; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY OF 5TH. AVENUE SOUTH 00 043'05" WEST, 135.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 016'55" WEST, 2.50 FEET; THENCE SOUTH 00 °43'05" WEST, 83.50 FEET; THENCE SOUTH 89 016'55" EAST, 2.50 FEET TO SAID EASTERLY RIGHT -OF -WAY OF 5TH. AVENUE; THENCE NORTH 00 °43'05" EAST, 83.50 FEET TO THE POINT OF BEGINNING. CONTAINING 209 SQUARE FEET MORE OR LESS. AGENDA REPORT FOR: City Council May 15, 2013 TO: Gary Crutch fie Manager Regular Mtg.: 5/20/13 Rick White, Community & conomic Development Director FROM: David I. McDonald, City Planner SUBJECT: DEDICATION DEED: Deed for a portion of Road 52 (MF # DEED 2013 -004) I. REFERENCE(S): 1. Vicinity Map 2. Right -of -Way Dedication Deed from Lance and Janell Dever II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/20: MOTION: I move to accept the dedication deed from Lance and Janell Dever for a portion of Road 52. III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. The house at 821 Road 52 was built in 1940 without providing the necessary right -of -way for Road 52. B. The property owners are in the process of building a new garage. As a part of the permitting process the property owners are required to provide the missing right - of -way for Road 52. 3(j) ~� IYA T:• .1 /q� " +iNt 4� 1� �YS�Mx. �.f'0y/Aw��°a fIFo 1 Yx w r, rt .rs'1` .t. I t •� r ,, -. s l If w i l . u .Y 3 r r . r $° r y. :QV YF d I h•4 • � Zi ri�'Sy. Y� �! �Kq ,h 'C 1Y 'nfiw 'A. 'LYCjS ,_ Q Mx t' U + ct TT pill I'll .I kl I Iv If ` 1P.. I% yo .. lN LU v � ^{ w • • � ti. ..Y_._ � i fix' F•V T Y �E�.H � � ; _ i3 � j i n✓' fp i � / Py /2,�fp� J -r • • 7 Z5 GVMJ If l :. iY 'f •~ 1^ S l6 Arfsvw Iff If `• � H 4{ ij'uI ' ( jf After Recording. Return To: City of Pasco, Washington Attn: City Planner 525 North 3'd Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 119552477 k ot.6� 4, h%!6 t/&7/;? and _` ) 6C41 e I L .N _ J) em U by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right -of -way and all interest in the land described as follows: The West 40 feet of the West 138 feet of the north 140 feet of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 29 East, W.M.; together with the East 200 feet of the West 338 feet of the North 110 feet of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 29 East, W.M. DATED this day of 2013. ATE OF WASHINGTON ) ss. County of Franklin Dedication Deed - 1 On this 13 day of V80,4 2013, before me, the undersigned, duly commissioned and sswom, personally appeared L' `"San..tl 00tw4! to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he /she /they signed the same as his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he /she /they is /are authorized to execute the said instrument. 2013. GIVEN under by hand and official seal this I_ day of Vbt now i L RIMY Dedication Deed - 2 Print Name: H c} l4 S� ks NOTARY PUBLIC i t and for the State of Washington Residing at: Pc.5ao My Commission Expires: ja r 5 261 AGENDA REPORT FOR: City Council May 6, 2013 TO: Gary Crutchfiel , y anager Workshop Mtg.: 5/13/13 Regular Mtg.: 5/20/13 FROM: Rick White, Community & Economic Development Director��� SUBJECT: Pasco Municipal Code (PMC) Violations of Auto Repair Businesses I. REFERENCE(S): 1, Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATION: 5/13: DISCUSSION 5/20: MOTION: I move to approve Resolution No.39, accepting the Planning Commission Action Plan for resolving conflicts between violations of the Pasco Municipal Code and automobile repair businesses. HI. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. One of the issues of Council concern noted during the biennial retreat in 2012 was the number outdoor occurrence of major auto repair and dismantling — particularly, but not always, in the site former service stations that have been converted to full time repair shops. B. Council Resolution 3441, approved in November of 2012, tasked the Planning Commission and a prohibition to develop an action plan for a solution. C. A study committee of Planning Commissioners, staff and two representatives of the automobile repair industry was formed and reviewed and prepared material relative to the issue. An inventory of automobile repair operations, including site - specific violations of existing codes, was conducted twice — once in June of 2012 and again specifically for the Committee in January of 2013. The Committee also conducted an inventory and review of existing codes in February and March of this year. D. Each Committee and Planning Commission meeting was advertised to owners and operators of automobile repair businesses included on the site inventory list. E. The outcome of the Committee's work on the inventories was an activity list for a series of code revisions to accommodate minor automobile repair in the C -1 Zoning District and an Action Plan recommended to the full Planning Commission. V. DISCUSSION: A. The Planning Commission considered the Committee's recommendation at their meeting on April 25, 2013 and has forwarded the Action Plan (Exhibit "A" attached to the proposed Resolution) for Council consideration. B. The Action Plan recommends that: • The C -1 Zoning District contain a provision for "minor" automobile repair as this zoning district currently prohibits all outdoor automobile repair work; • Definitions be added in the Zoning Code to include "Minor Automobile Repair" and "Automobile Repair Facilities" as these definitions are needed to implement any revision to the permitted uses within the C -1 Zoning District; • The C -1 Zoning District contain a maximum number of vehicles that can be on the site both under repair and awaiting owner pick -up and a prohibition of using C -1 sites for automobile storage; and • The C -3 and I -1 Zoning Districts be amended to include screening standards to regulate inoperative vehicle and vehicle parts storage. C. The Action Plan also recommends that the operators and land owners are kept apprised of the meeting dates and status of the above code revision process and that a grace period of 60 days be established once the formal code revisions are in effect. D. Enforcement action through the Code Enforcement Board is contained within the Action Plan as the last step in the process. 3(k) RESOLUTION NO. 341 1 1 ` A RESOLUTION OF THE CITY OF PASCO ACCEPTING THE PLANNING COMMISSION ACTION PLAN FOR RESOLVING ISSUES INVOLVING AUTOMOBILE REPAIR OPERATIONS AND DIRECTING THE COMMISSION TO PREPARE THE NECESSARY CODE AMENDMENTS. WHEREAS, automobile repair operations are permitted in various degrees in the C -1 (Retail Business), C- 3 (General Business) and Industrial Zoning Districts; and WHEREAS, the Pasco Municipal Code contains both zone - specific and general regulations governing the conduct of automobile repair that have been inconsistently enforced over the course of time; and WHEREAS, automobile repair in many locations and sites has evolved to include operations that are in conflict with applicable regulations of the Pasco Municipal Code including the use of the public right of way for storage and parking repair business vehicles, outdoor repair operations, outdoor dismantling of vehicles, parts salvaging and automobile hulk storage in public view and depositing oil, grease and similar substances on City Streets; and WHEREAS, such operations occurring in violation of the Pasco Municipal Code have an adverse effect on the health and safety of nearby businesses and residents, discourage private investment in commercial and industrial areas and present a negative perception of the City as a whole to the general public; and WHEREAS, the Pasco City Council has directed the Planning Commission to develop an action plan for resolving code conflicts and preparing code revisions and options for enforcement regarding auto repair operations; and WHEREAS, the Planning Commission has created a committee of Planning Commissioners and business operators to prepare the proposed action plan; and WHEREAS, The Planning Commission has notified affected business operators and land owners involved in automobile repair operations of the task directed by the City Council and of the various meetings and preliminary strategies of the Commission on this matter; and WHEREAS, The Planning Commission has prepared and recommended that the Action Plan attached as Exhibit "A" be used to prepare code amendments to resolve issues related to automobile repair in commercial and industrial zoning districts; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. That the City Council accepts the Action Plan of the Planning Commission dated April 25, 2013 and attached as Exhibit "A" and directs the Planning Commission to prepare the necessary code amendments to implement the Action Plan for Council consideration. PASSED by the City Council of the City of Pasco, Washington at its regular meeting on the 20`h day of May, 2013. Matt Watkins, Mayor Attest: Debra L. Clark, City Clerk Approved as to Form: Leland B. Kerr, Attorney EXHIBIT "A" RESOLUTION NO. ZO! -O A RESOLUTION OF THE CITY OF PASCO PLANNING COMMISSION RECOMMENDING AN ACTION PLAN FOR RESOLVING ISSUES INVOLVING AUTOMOBILE REPAIR OPERATIONS AND VIOLATIONS OF THE PASCO MUNICIPAL CODE. WHEREAS, automobile repair operations are permitted in various degrees in the C -1 (Retail Business), C -3 (General Business) and Industrial Zoning Districts; and WHEREAS, the Pasco Municipal Code contains both zone - specific and general regulations governing the conduct of automobile repair that have been inconsistently enforced over the course of time; and WHEREAS, automobile repair in many locations and sites has evolved to include operations that are in conflict with applicable regulations of the Pasco Municipal Code including the use of the public right of way for storage and parking repair business vehicles, outdoor repair operations, outdoor dismantling of vehicles, parts salvaging and automobile hulk storage in public view and depositing oil, grease and similar substances on City Streets; and WHEREAS, such operations occurring in violation of the Pasco Municipal Code have an adverse effect on the health and safety of nearby businesses and residents, discourage private investment in commercial and industrial areas and present a negative perception of the City as a whole to the general public; and WHEREAS, the Pasco City Council has directed the Planning Commission to develop an action plan for resolving code conflicts and preparing code revisions and options for enforcement regarding auto repair operations; and WHEREAS, the Planning Commission has created a committee of Planning Commissioners and business operators to review the proposed action plan; and WHEREAS, The Planning Commission has notified affected business operators and land owners involved in automobile repair operations of the task directed by the City Council and of the various meetings and preliminary strategies of the Commission on this matter; NOW THEREFORE, THE PASCO PLANNING COMMISSION RECOMMENDS THAT CITY COUNCIL ACCEPT THE FOLLOWING ACTION PLAN: Section 1. Revise the uses permitted in the C -1 (Retail) Zoning District to include: • The provision for "minor automobile repair" to be allowed outdoors as this zoning district currently prohibits all outdoor automobile repair work; • A maximum number of vehicles that can be on the site both under repair and awaiting owner pick -up; and A prohibition for using sites as automobile storage. Section 2. Revise the definitions contained in the Zoning Code to include "Minor Automobile Repair" and "Automobile Repair Facilities" as these definitions are needed to implement any revision to the permitted uses within the C -1 Zoning District. Section 3. Amend the screening standards in the C -3 (General) and I -1 (Light Industrial) Zoning Districts to regulate vehicle and vehicle part storage as these Districts currently exempt vehicle and part storage from such requirements. Section 4. Continue to keep operators and land owners apprised of the meeting dates and status of the above code revisions. Section 5. Notify affected businesses once the appropriate the code revisions have been adopted and provide a 60 day period to conform to the revised standards. Section 6. Complete a site inventory to determine those businesses out of compliance and initiate the code enforcement process as applicable. The code enforcement process is to include a Notice of Civil Violation, a re- inspection after 10 days and scheduling of a hearing before the Pasco Code Enforcement Board as applicable. This process is estimated to occur within a 30 day time period of the completion of the site inventory. ADOPTED by the Planning Commission of the City of Pasco this 25a' day of April, 2013. Joe Cruz, Chairman Auto Repair Resolution - 2 GENERAL FUND OPERATING STATEMENT THROUGH APRIL 2013 ENDING FUND BALANCE 8,982,992 41702,061 TOTAL EXPEND & END FUND BAL 19,760,391 - 41,854,785 AVAILABLE CASH BALANCE 7,101,416 PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS These statements are intended for Management use only. 33% 10,264,135 6,927,228 21,494,141 42,488,455 8,516,005 6(b) YTD 2013 % OF YTD TOTAL % OF 2013 ORIGINAL ANNUAL 2012 2012 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 1,698,808 6,400,000 26.5% 1,7762475 6,200,000 28.7% SALES 21917,343 8,195,000 35.6% 2,621,663 81265,000 31.7% PUBLIC SAFETY 343,532 110005000 34.4% 0 UTILITY 21682,750 71798,000 34.4% 21941,357 61526,660 45.1% OTHER 467,056 11065,000 43.9% 469,115 2,260,000 20.8% LICENSES & PERMITS 803,997 1,108,200 72.5% 825,042 1,093,700 75.4% INTERGOVT REVENUE 307,941 1,495,150 20.6% 370,534 11679,700 22.1% CHARGES FOR SERVICES 114375677 41498,459 32.0% 1,304,733 4,531,330 28.8% FINES & FORFEITS 312,689 794,650 39.3% 261,776 977,200 26.8% MISC. REVENUE 1895477 631,450 30.0% 217,478 6732245 32.3% OTHER FINANCING SOURCES 52,666 1,295,303 4.1% 562274 138,000 40.8% TOTAL REVENUES 11,213,936 34,281,212 32.7% 1028442447 32,344,835 33.5% BEGINNING FUND BALANCE 8,546,455 725732573 10,649,694 10,143,620 TOTAL SOURCES 19,760,391 4128542785 47.2% 21,494,141 425488,455 50.6% XPENDITURES: CITY COUNCIL 34,828 121,315 28.7% 36,514 1185807 30.7% MUNICIPAL COURT 420,178 15376,639 30.5% 376,135 12332,334 28.2% CITY MANAGER 320,903 962,755 33.3% 3132.072 951,034 32.9% POLICE 3,662,697 12,096,846 30.3% 3,251,385 11,4512115 28.4% FIRE 25040,261 4,431,366 46.0% 1,378,675 421642541 33.1% ADMIN & COMMUNITY SVCS 11758,575 6,022,454 29.2% 11791,049 6,201,703 28.9% COMMUNITY DEVELOPMENT 385,423 113322076 28.9% 374,423 _ 11208,878 31.0% ENGINEERING 5042362 1,535,558 32.8% 393,068 1,514,469 26.0% MISC. NON- DEPARTMENT 1,2682519 8,125,335 15.6% 2,9342426 72469,966 39.3% LIBRARY 381,653 121482380 33.2% 381,259 111489380 33.2% TOTAL EXPENDITURES 10,7772399 3731523724 29.0% 11,2303006 355561,227 31.6% ENDING FUND BALANCE 8,982,992 41702,061 TOTAL EXPEND & END FUND BAL 19,760,391 - 41,854,785 AVAILABLE CASH BALANCE 7,101,416 PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS These statements are intended for Management use only. 33% 10,264,135 6,927,228 21,494,141 42,488,455 8,516,005 6(b) AGENDA REPORT NO. 17 FOR: City Council May 13, 2013 TO: Gary Crutchfie Manager Ahmad Qayo b 'c Works Director FROM: Michael A. Pawlak, City Engineer kwI Regular Mtg.: 5/20/13 SUBJECT: Bid Award: 2012 Overlays, Project #C5- ST- 3R- 12 -02; and 0 Avenue Corridor (Court Street to I -182), Project #C2- 10- 06 -STR I. REFERENCE(S): 1. Vicinity Map — 2012 Overlays 2. Vicinity Map — 4'h Avenue Corridor (Court Street to I -182) 3. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 05/20: MOTION: I move to award the low bid for the 2012 Overlays and 4ch Avenue Corridor (Court Street to I -182) Projects to Granite Construction, Inc. in the amount of $1,682,602.96, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: STP (U) - $934,566 Street Overlay Fund - $162,940 (Local Match) Capital Improvement Fund - $41,200 General Fund (Delete Transportation System Plan) - $150,000 STP - Enhancement - $350,000 STP - Discretionary - $135,000 IV. HISTORY AND FACTS BRIEF: A) The overall project consists of two projects that were advertised and bid as "tied projects ". The 2012 Overlays project involves reconstruction and preventative maintenance of various roadway areas, including the installation of micro - surfacing, HMA, surface grinding and pedestrian ramps. The 4t' Avenue Corridor (Court St to I -182) project will include landscaping, irrigation, updating of handicap ramps and driveways to current ADA compliance and other associated incidental work. B) The overall project was advertised April 14, April 21 and April 28, 2013, with a bid opening on May 7, 2013. V. DISCUSSION: A) On May 7, 2013, the City received one (1) bid for the project. The low bid was received from Granite Construction, Inc. in the amount of $1,682,602.96. The Engineer's Estimate is $1,647,590.86. B) The 4`h Avenue Corridor Project had been previously advertised and bid in July 2012 and February 2013. All previous bids had been rejected due to budget constraints. C) Staff has received the bids for both projects. The total bid for the 2012 Overlays project is $1,036,423.96, $144,250.40 under the En�ineer's Estimate and appears to be a competitive bid. The base bid for the 4 Avenue Corridor Project is $646,179.00 and is over the Engineer's Estimate. The 4"' Avenue Corridor Project bid is, however, more competitive than the previous bids. D) Staff recommends award of the contract to Granite Construction, Inc. 10(a) fi .� � �. gyp''. +7•� .• i■���:nian�raJ��.��f :CO .0 1 - .111111 °Y •nnp� r��r ...,� w`� �rrA IIA n /i:•� `DOW �* t 14= rr�llCitact�vu� • ■M1111 A .�- -11111 ♦� ■ r :1111111111 ia _-- =�il■ 11. X11.71= no 110 I�Illl�lnf.n I_' �IU11Ji`I: 11 �' Ilrc�{111. V - �u� Illlllll: � mi11Tj� r' 11� Il�ll��hnn le �� � iii= 1J1l111111 aU ►1��� � 01= s a= r City of Pasco 2012 Overlays and 4'h Avenue Corridor (Court Street to I -182) May 7, 2013 BID SUMMARY Engineers Estimate Granite Construction, Inc. $1,6471590.86 $15682,602.96 AGENDA REPORT NO. 19 FOR: City Council TO: Gary CrutchfieI Manager Ahmad Qayoum , Pu lie Works Director FROM: Michael A. Pawlak, City Engineer SUBJECT: Bid Award: "A" Street / I" Avenue Railroad Crossing I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary May 13, 2013 Regular Mtg.: 5/20/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 05/20: MOTION: I move to award the low bid for the "A" Street / 18t Avenue Railroad Crossing Project, Base Bid, to Ray Poland and Sons, Inc. in the amount of $48,023.00, and further, authorize the Mayor to sign the contract documents. HI. FISCAL IMPACT: UTC Grant Arterial Street Funds IV. HISTORY AND FACTS BRIEF: A) This project involves minor road widening on 1st Avenue and the installation of concrete medians on "A" Street and 1st Avenue. B) An invitation to bid the project was forwarded to applicable contractors listed on the City's Small Works Roster. Bid documents were requested by and sent to five (5) companies. A bid opening was held on May 10, 2013. V. DISCUSSION: A) On May 10, 2013, the City received four (4) bids for the project. The low bid was received from Ray Poland and Sons, Inc. in the amount of $48,023.00. The second lowest base bid was received from Apex Contracting in the amount of $55,951.45. The Engineer's Estimate is $39,246.33. B) Staff recommends award of the contract to Ray Poland and Sons, Inc. 10(b) LL ORO ST �y t7 ' i i 9C �o JAMES S�< S x G� 9C ES ER SS . °0 'A Sir 'A" ST PROJECT LOCATION VICINITY MAP % SCALE: NONE 1�1 a �w <r mm w srur iro � City of Pasco "A" Street / 1St Avenue Railroad Crossing May 10, 2013 BID SUMMARY Engineers Estimate $39,246.33 Ray Poland and Sons, Inc. $481023.00 Apex Contracting $55,951.45 A &B Asphalt $521126.11 Inland Asphalt $76,570.00 AGENDA REPORT NO, 16 FOR: City Council May 13, 2013 TO: Gary Crutchfie Manager Ahmad Qayoum , is Works Director FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 5/20/13 SUBJECT: Bid Award: Maple Drive Sewer Extension I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 05/20: MOTION: I move to award the low bid for the Maple Drive Sewer Extension Project to Sharpe & Preszler Construction Company, Inc. in the amount of $76,100.91, including applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Sewer Rates IV, HISTORY AND FACTS BRIEF: A) This project involves the construction of an 8 -inch gravity sewer main consisting of approximately 40 lineal feet of 16 -foot deep sewer main, 330 lineal feet of 10- foot deep sewer main, and an outside drop manhole with appurtenances. An asphalt overlay will be used to repair Maple Drive. B) An invitation to bid the project was forwarded to applicable contractors listed on the City's Small Works Roster. Bid documents were requested by and sent to six (6) companies. A bid opening was held on May 10, 2013. V. DISCUSSION: A) On May 10, 2013, the received from Sharpe $76,100.91, including from Ray Poland & S, tax. City received two (2) bids for the project. The low bid was & Preszler Construction Company, Inc. in the amount of applicable sales tax. The second lowest bid was received )ns in the amount of $99,950.01, including applicable sales B) The Engineer's Estimate is $79,294.29, including applicable sales tax. C) Staff recommends award of the contract to Sharpe & Preszler Construction Company, Inc. D) Council should note that most of this neighborhood was provided sewer service in 2008 under ULID 143. At that time, the owners in the east half of this particular block of Maple Drive were strongly opposed to participation in the ULID; Council agreed to remove this area from the ULID. Installation of sewer now, at city cost, will respond to the current request of the vacant lot owner (who is ready to build a home) without creating any participation obligation on the part of the remaining property owners. The owner ready to build now will pay his share based on standard front footage and area charges; the city will recover most of the expense when the others connect in the.future (at their choice). 10(c) ND U P non •' O •' W r oftan ♦1 Ammon ♦ ■ �. : AR RD ♦ r ♦♦ PROJECT LOCATION ••., ♦' r '♦ r VICINITY MAP NITS City of Pasco Maple Drive Sewer Extension May 10, 2013 BID SUMMARY Engineers Estimate $795294.29 Sharpe & Preszler Construction Co., Inc. $76,100.91 Ray Poland & Sons $995950.01 AGENDA REPORT NO. 18 FOR: City Council May 16, 2013 TO: Gary Crutchfie lanager Ahmad Qayo In 11 is Works Director FROM: Michael A. Pawlak, PE, City Enginee Regular Mtg.: 5/20/13 SUBJECT: Professional Services Agreement: HDR — Construction Management I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement Summary Sheet II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 05/20: MOTION: I move to approve the Professional Services Agreement with HDR, authorizing Construction Engineering Services with respect to the Heritage Industrial Center Primary Lead Track, Phase 2 - Big Pasco Industrial Center Hub Development, Phase 5b Project, not to exceed $109,179, and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Washington State Department of Commerce Grant IV. HISTORY AND FACTS BRIEF: A) The 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 wherein the City will manage the project activities. B) The Port of Pasco was the recipient of the $3.2M Washington State Department of Commerce Grant, authorized by the 2012 State Legislature, and will administer the grant funds. C) The project was advertised for construction in March 2013; Council awarded the project to Premier Excavation on April 15, 2013. D) Approximately 6,200 feet of track will be constructed for the City of Pasco Heritage Park, Phase 2 portion of the project; and approximately 5,000 feet of track for the Port of Pasco Hub Development, Phase 5b portion. V. DISCUSSION: A) The project was designed by HDR under a previous professional services agreement approved by Council on July 2, 2012. B) The proposed professional services agreement with HDR will provide construction phase engineering and inspection services for the project and support the efforts of City staff. C) Staff recommends approval of this professional services agreement with HDR, in the amount of $109,179. 10(d) t� m M 0 0 3 m° r 8 y g Z p r0� G; wYKwIwo� SF91DE U CITY OF PASCO HERMAGE INDUSTRIAL PARK PRIMARY � TRACK PHASE 11 PROJECT LOCATION C Wyu Wn L ww A,s W i DR O LI SaROPPA 3 b e ®l O�Tb W`°bs n O� aE paS � 3 P CITY OF PASCO PROJECTS VICINITY MAP NOT TO SCALE D- D S 59 Big * E 9 Rd IBW `g !+ CrAb orb 67 �t / `� 1�C Ni M 0 Q � Ni M 0 Professional Services Agreement (Summary Sheet) Project: Heritage Industrial Center Primary Lead Track, Phase 2 & Big Pasco Industrial Center Hub Development, Phase 5b Consultant: HDR, Inc. Address: Spokane, WA Scope of Services: Provide Construction Phase Engineering Services including attendance at the Pre - Construction conference; participation in periodic meetings and conference calls regarding project progress, quality and schedule; periodic site inspections, review of submittals, change order requests and progress payments; attendance at the final inspection; and review of final quantities. Term: Construction schedule Completion Date: December 30, 2013 Payments to Consultant: N Hourly Rate: $109,179 (NTE) ❑ Fixed Sum of: $ ❑ Other: Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or N $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: N $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit Other Information: