HomeMy WebLinkAbout2014.05.19 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 5:00 p.m. May 19, 2014
1. CALL TO ORDER
(a) Roll Call
(b) Executive Session for Evaluation of City Manager Candidates (estimate two hours)
2. RECONVENE REGULAR MEETING:
(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 5, 2014.
(b) Bills and Communications: (A detailed listing of claims is available for review in the
Finance Manager's office.)
1. To approve claims in the total amount of $2,514,860.17.
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 $230,888.32 and, of that amount,
authorize $162,212.05 be turned over for collection.
(c) Appointments to Historic Preservation Commission: (NO WRITTEN MATERIAL ON
AGENDA). To reappoint Malin Bergstrom to Position No. 1 and Dan Stafford to Position
No. 2 (expiration date 8/1/17) to the Historic Preservation Commission.
(d) Grant for Streetlight Replacements:
1. Agenda Report from Stan Strebel, Deputy City Manager dated May 6, 2014.
2. Grant for Streetlight Replacements — Proposed Interlocal Agreement.
To approve the interlocal agreement with Franklin County Public Utility District regarding
the replacement of existing streetlights with more energy efficient fixtures and, further,
authorize the Mayor to sign the agreement.
(e) Summer School Services Interagency Agreement:
1. Agenda Report from Robert Metzger, Chief of Police dated May 6, 2014.
2. Summer School Services — Proposed Agreement.
To approve the Interagency Agreement with the Pasco School District for summer school
services and, further, authorize the Mayor to sign the agreement.
(f) Legislative Consultant Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated May 9, 2014.
2. Legislative Consultant Agreement — Proposed Agreement.
To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for state
legislative consultant services and, further, authorize the City Manager to sign the
agreement.
(g) Resolution No. 3552, a Resolution establishing primary goals of the City of Pasco for the
ensuing calendar years 2014 -2015.
1. Agenda Report from Gary Crutchfield, City Manager dated May 8, 2014.
2. Council Goals — Proposed Resolution.
To approve Resolution No. 3552, establishing primary goals for the city for calendar years
2014 -2015.
(RC) MOTION: I move to approve the Consent Agenda as read.
Regular Meeting 2 May 19, 2014
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) Presentation of Proclamation for "Older Americans Month." Mayor Matt Watkins to
present Proclamation to Frances Beltran and Leona Hassing, Aging and Long Tenn Care
Advisory Board Members.
(b) Presentation of Proclamation for "Public Works Week." Mayor Matt Watkins to present
Proclamation to Terry Linton, Lead Water Distribution Worker.
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 2014.
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, creating a new
Chapter 6.10 "Smoking Regulations" and creating a new Section 9.48.245 "Smoking at or
near Park Shelters, Playgrounds and Pools Prohibited."
1. Agenda Report from Stan Strebel, Deputy City Manager dated May 6, 2014.
2. Smoking Regulations — Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , adding to the Pasco Municipal Code
regarding Smoking Regulations and, further, authorize publication by summary only.
(b) I Resolution No. , a Resolution approving the sale of certain real property on 20th
Avenue.
1. Agenda Report from Gary Crutchfield, City Manager dated May 14, 2014.
2. 20s Avenue Property Sale — Vicinity Map.
3. 20'" Avenue Property Sale — Proposed Resolution.
4. 20'h Avenue Property Sale — Proposed Agreement.
5. 200' Avenue Property Sale — Boundary Line Adjustment Map.
MOTION: I move to approve Resolution No. _, approving the sale of certain real
property on 20"' Avenue.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Citywide Traffic Signal Improvements:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 5, 2014.
2. Citywide Traffic Signal hnprovements — Vicinity Map.
3. Citywide Traffic Signal Improvements — Professional Services Agreement Summary
Sheet.
4. Citywide Traffic Signal Improvements — Scope of Services.
MOTION: I move to approve the Professional Services Agreement with DKS authorizing
design services with respect to Citywide Traffic Signal Improvements project in the amount
of $270,009.45 and, further, authorize the City Manager to sign the agreement.
(b) Water Distribution System Flushing Modeling:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 6, 2014.
2. Water Distribution System Flushing Modeling — Professional Services Agreement
Summary Sheet.
3. Water Distribution System Flushing Modeling — Scope of Services.
MOTION: I move to approve the Professional Services Agreement with CH2MHill
authorizing design and engineering services with respect to the Water Distribution System
Flushing Modeling project not to exceed $45,000 and, further, authorize the City Manager
to sign the agreement.
Regular Meeting 3 May 19, 2014
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
rRoll Call Vote Required
Item not previously discussed
Quasi - Judicial Matter
MF# "Master File #......
5:00 p.m., Tuesday, May 20, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS
REBECCA FRANCIK and AL YENNED
2. 4:00 p.m., Thursday, May 22, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 5, 2014
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; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Mike Pawlak, City
Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes:
Minutes of the Pasco City Council Meeting dated April 21, 2014.
Bills and Communications:
To approve Claims in the amount of $2,751,659.34 ($1,167,946.54 in Check Nos.
197975- 198146; $901,704.13 in Electronic Transfer Nos. 800154- 800279; 800281-
800371, 800374 - 800387, 800390 - 800445, 800448 - 800645, 800694; $46,557.67 in Check
Nos. 46621 - 46666, 900000032 - 900000033; $557,049.66 in Electronic Transfer Nos.
30068206 - 30068670; $2,000.00 in Electronic Transfer Nos. 46; $76,401.34 in Electronic
Transfer Nos. 42 -43).
Hanford Communities Interlocal Agreement:
To approve the Hanford Communities Interlocal Agreement and, further, authorize the
Mayor to sign the Agreement.
Resolution No. 3547, a Resolution accepting work performed by Watts
Construction, Inc. under contract for the Commercial - Kahlotus Sanitary Sewer Lift
Station project.
To approve Resolution No. 3547, accepting the work performed by Watts Construction,
Inc., under contract for the Commercial - Kahlotus Sanitary Sewer Lift Station project.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Martinez reported on the Park and Recreation Advisory Board meeting and noted
that Kurtzman Spray Park will open soon. He also participated in the Cinco de Mayo
celebration in downtown Pasco.
Ms. Francik also participated in the Cinco de Mayo celebration.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
South 11th Avenue Vacation (Chavez) (MF #VAC2014 -003).
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 5, 2014
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN 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.
Ordinance No. 4155, an Ordinance vacating a portion of South 11th Avenue.
MOTION: Ms. Francik moved to adopt Ordinance No. 4155, vacating the east 10 feet of
South 11th Avenue between West "A" Street and West `B" Street and, further, authorize
publication by summary only. Mr. Yenney seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4156, an Ordinance of the City of Pasco, Washington, amending
Chapter 14.12 "Street and Utilities Assessment Reimbursement Agreements —
Latecomers Agreements "; and amending Section 13.36.040 "Extension of Lines —
Installation by Requesting Party"; repealing Section 13.36.050 "Installation Costs —
Reimbursement of Costs by Subsequent Users "; and amending Section 3.07.180
"Fee Summary."
Mr. Strebel explained the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4156, amending Chapter 14.12;
amending Section 13.36.040; repealing Section 13.36.050 and amending Chapter 3.07 of
the Pasco Municipal Code regarding Latecomers Agreements and, further, authorize
publication by summary only. Mr. Martinez seconded. Motion carried unanimously.
Fencing Standards — I -182 Overlay District.
Council and staff discussed the details of the proposed ordinance and resolution.
Ordinance No. 4157, an Ordinance of the City of Pasco, Washington amending
Section 25.75.050 "Design Standards" to Provide for Uniform Fencing Standards in
the I -182 Corridor.
MOTION: Ms. Francik moved to adopt Ordinance No. 4157, amending PMC 25.75.050
"Design Standards" to provide for Uniform Fencing Standards in the I -182 Corridor and,
further, authorize publication by summary only. Mr. Garrison seconded. Motion carried
unanimously.
Resolution No. 3548, a Resolution of the City of Pasco, Washington, providing for
the replacement of nonconforming I -182 Overlay District fences.
MOTION: Ms. Francik moved to approve Resolution No. 3548, providing for the
replacement of nonconforming I -182 Overlay District fences. Mr. Martinez seconded.
Motion carried unanimously.
Resolution No. 3549, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for the location of wireless
communication facilities at 9915 W. Argent Road.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3549, approving the special
permit for the location of wireless communication facilities at 9915 W. Argent Road as
recommended by the Planning Commission. Mr. Garrison seconded. Motion carried 6 -1.
No — Larsen.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
MAY 5, 2014
Resolution No. 3550, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for the expansion of a mini- storage
facility in the C -1 (Retail Business) Zone.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3550, approving the special
permit for the expansion of a mini- storage facility at 9335 Sandifur Parkway as
recommended by the Planning Commission. Mr. Garrison seconded. Motion carried
unanimously.
Resolution No. 3551, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for a preschool at 5202 Outlet
Drive.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3551, approving a special
permit for the location of a preschool at 5202 Outlet Drive as recommended by the
Planning Commission. Mr. Martinez seconded. Motion carried unanimously.
NEW BUSINESS:
Waste Water Treatment Plant 3rd Primary Clarifier:
MOTION: Ms. Francik moved to approve the Professional Services Agreement from
HDR Engineering, Inc., authorizing design and engineering services with respect to the
Wastewater Treatment Plant Improvements 3rd Primary Clarifier, not to exceed $238,980
and, further, authorize the City Manager to sign the agreement. Mr. Yenney seconded.
Motion carried unanimously.
2014 Overlays, Project No. M3- OV- 3R- 14 -01:
Council and staff discussed the proposed project.
MOTION: Ms. Francik moved to award the low bid for the 2014 Overlays project to
Inland Asphalt Company in the amount of $599,599.99 and, further, authorize the Mayor
to sign the contract documents. Mr. Martinez seconded. Motion carried by unanimous
Roll Call vote.
MISCELLANEOUS DISCUSSION:
Council concurred to eliminate the paper council packet next week and use the electronic
version on their IPads.
Mr. Yenney inquired when the new city manager applications will be available for
Council review.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:50 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 19th day of May, 2014.
CITY OF PASCO
Council Meeting of: May 19, 2014
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
ndered or the labor performed as described herein and that the claim is a just, due and unpaid
obl ation against the city and that we are authorized to authenticate and certify to said claim.
Dunyele Mason, Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify an this
19 day of May, 2014 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank en'l Bank Electronic Bank Combined
Check Numbers 196147- 198398 48687 -48703
Total Check Amount $1,079,002.41
Electronic Transfer Numbers 800755;800890
800891;800972
Total EFT Amount $176,042.76
Councilmember
$37,116.87
30068671- 30069135 47 -52 44 -46
$636,231.94 $608,394.19 $79,073.20
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVELOPMENT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER/SEWER
EQUIPMENT RENTAL- OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
GRAND TOTAL ALL FUNDS:
Total Checks $ 1,116,118.08
Total EFTS $ 1,398,742.09
Grand Total $ 2,614,860.17
Councilmember
205,345.28
48,980.92
0.00
0.00
14,328.25
9,900.00
4.40
692.07
10,168.11
315.41
0.00
54,068.32
$ 2,614,880.17
3(b)J
AGENDA REPORT
FOR: City Council DATE: May 14, 2014
TO: Gary Ctutchfi*ttrative anger REGULAR: May 19, 2014
Rick Terway, & Comm Serv( ices Director
FROM: Dunyele Mason, Financial Services Manger /n
SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION.
I. REFERENCE (S):
Write -off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt white -offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accotinis, and Municipal Court (non - criminal, criminal, and
parking) accounts receivable 4a the total amount of $230,888.32 and, of that amount,
authorize $162,212.05 be turned over for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY BH LING - 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 delinquen' accounts over 90 days past due or statements are returned
with no forwarding address. Those su mitted 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 - Ttlese are all delinquent non - criminal and criminal fines, and
parking violations over 30 days past due. l
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un- collectable or have been assig" ed for collections because the property owner has not
complied or paid the fine. There are still lens 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 accot" 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 accou j�over 120 days past due or statements are
returned with no forwarding address. Tho e submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquet accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b).2
Amount
Direct
Referred to
Total
Write -offs
Collection
Write -offs
Utility Billing
$
793.57
762.77
1,556.34
Ambulance
$
67,882.70
14,953.08
82,835.78
Court A/R
$
.00
139,780.20
139,780.20
Code Enforcement
$
.00
6,716.00
6,716.00
Cemetery
$
.00
.00
.00
General
$
.00
.00
.00
Miscellaneous
$
.00
.00
.00
TOTAL:
$
68,676.27
162,212.05
230,888.32
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b).2
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfie Manager
FROM: Stan Strebel, D uty City Manager �o
SUBJECT: Grant for Streetlight Replacements
I. REFERENCE(S):
May 6, 2014
Workshop Mtg.: 5/12/14
Regular Mtg.: 5/19/14
Grant for Streetlight Replacements - Proposed Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/12: Discussion
5/19: MOTION: I move to approve the interlocal agreement with Franklin County
Public Utility District regarding the replacement of existing
streetlights with more energy efficient fixtures and, further, authorize
the Mayor to sign the agreement.
IH. FISCAL IMPACT:
Total Cost Estimate: $1,057,650
Funding:
■ $264,413 Department of Commerce Grant
$192,350 Energy Incentives
■ $600,887 City Match
IV. HISTORY AND FACTS BRIEF:
A) In 2009, the City was the recipient of a $495,000 grant from the US Department of
Energy for energy efficiency and conservation. In 2013, the City completed the
project for replacement of approximately one half of its 3,700 streetlight inventory.
Older style high pressure sodium lights (HPS) were replaced with more energy
efficient induction lights. Lights in primarily residential areas (100 watt and 150
watt) were replaced. As a result of the replacements, the City is saving some $50,000
per year in reduced streetlight/energy costs.
B) The State Department of Commerce has awarded a grant to the PUD for the local
replacement of the balance of the HPS streetlights in the City. While the grant
requires a fairly high percentage of non -state match money (75 %), combining energy
savings incentives through the PUD (BPA) reduces the City match somewhat to
approximately $600,000 or about 57 %. LED fixtures promise to produce energy
savings and fixture longevity similar to that of induction lights, while producing a
more controllable and better light quality than induction. At the time that the
induction lights were bid in 2011, comparable LED fixtures were two or three times
the cost of the chosen induction lights. As prices have dropped significantly over the
last two years, the LED lights now appear to be the superior product.
C) As the PUD is the grant recipient, the proposed interlocal agreement sets out the
framework for PUD to cant' out the project in coordination with City, while the
obligations of each party are enumerated.
V. DISCUSSION:
A) The approximate 1,750 lights remaining to be replaced are higher wattage (200 watt,
250 watt, 400 watt), primarily in commercial areas and along arterial streets. It is
estimated that annual energy savings, with the replacement of these fixtures, will be
in excess of $50,000.
B) The city's share of the project cost ($600,000) can be recovered at the rate of
$50,000 /year through reduced General Fund subsidy to the Street Fund, but it will
require about 12 years to do so. A quicker payback can be achieved by contributing
$300,000 from the Capital Improvement Fund; doing so would allow the General
Fund to earlier realize the annual savings while minimizing the initial impact to the
General Fund ending balance.
C) Staff recommends approval of the interlocal agreement. 3(d)
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
Between
CITY OF PASCO and PUBLIC UTILITY DISTRICT NO.1 OF FRANKLIN COUNTY
THIS AGREEMENT is made and entered into this day of
2014, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter
referred to as "City" and Public Utility District No. 1 of Franklin County, hereinafter referred to
as "PUD."
RECITALS
WHEREAS, RCW 39.34 et seq. authorizes City and PUD to enter into Interlocal
Agreements for the purpose of providing municipal services; and
WHEREAS, PUD owns and maintains the streetlights in City for the benefit of the
public, through charges to City for electricity, maintenance and replacement; and
WHEREAS, both City and PUD are vitally interested in energy efficiency and saving
public funds; and
WHEREAS, it is in the public interest that City and PUD cooperate to provide for the
replacement of approximately 1,725 high pressure sodium streetlights (the "HPS Streetlights ")
with more energy efficient fixtures, lamps, drivers, and photocells (the "LED Streetlights "); and
WHEREAS, the Washington State Department of Commerce is offering 2013 -2015
Energy Efficiency Grants which affords City and PUD the opportunity to replace existing HPS
Streetlights with more energy efficient LED Streetlights; and
WHEREAS, PUD, with assistance of City, prepared and submitted an Energy
Efficiency - Streetlight Replacement grant application to the Department of Commerce, and the
grant application identified energy savings projected through replacement of existing HPS
Streetlights with LED Streetlights; and
WHEREAS, PUD was awarded Grant No. (the "Grant") in the amount of
$ from the Washington State Department of Commerce on , and as such City and
PUD will cooperate in replacing the HPS Streetlights with LED Streetlights (the "Streetlight
Replacement Project "); and
WHEREAS, PUD has determined that replacement of the HPS Streetlights with LED
Streetlights will provide a conservation incentive payment of up to $192,350 (the "Incentive ")
toward the cost of the Streetlight Replacement Project.
NOW, THEREFORE, the Parties agree as follows:
1. Responsibilities of PUD
1.1 PUD will obtain bids /quotes to determine the estimated cost for labor and
materials to replace existing HPS Streetlights with LED Streetlights. Once such
costs are obtained, PUD will assist the City in estimating the number of HPS
Streetlights which can be replaced with LED Streetlights by utilizing Grant funds,
the Incentive, and City's required matching funds.
1.2 PUD will utilize the Washington State Department of Enterprise Services'
Contract No. 07510 titled Lamps and Ballasts with Consolidated Electrical
Distributors to acquire the LED Streetlights. PUD will also obtain quotes for the
labor to replace the HPS Streetlights with LED Streetlights.
1.3 PUD will provide City with a proposed energy usage rate and a maintenance,
repair, and replacement cost schedule for all streetlights, including the LED
Streetlights and the parties shall negotiate in good faith to reach an agreement
regarding those items. PUD shall agree to maintain the new energy usage rate for
the LED Streetlights for a period of at least three (3) years.
1.4 Upon determination by City of the number of LED Streetlights to be purchased
and associated costs determined under sections 1.1, 1.2, and 1.3 above, PUD shall
be responsible for purchase and installation of the LED Streetlights. PUD shall
apply the Grant funds and Incentive funds toward the costs of the Streetlight
Replacement Project.
1.5 PUD shall be subject to all applicable conditions of the Department of Commerce
Grant agreement, including verification of energy savings.
1.6 PUD shall fulfill all responsibilities for decontamination or decommissioning
associated with the Streetlight Replacement Project.
2. Responsibilities of City
2.1 City will pay to PUD all Streetlight Replacement Project costs net of Grant funds
and Incentive funds.
2.2 City will pay to PUD such other payments for energy usage rates and,
maintenance, repair, and replacement costs as shall be agreed upon by the Parties
in a subsequent written agreement. City agrees to pay PUD its reasonable costs
associated with grant preparation and project administration.
2.3 City shall reimburse PUD for PUD's costs incurred for decontamination,
decommissioning, and disposal associated with the HPS Streetlights.
Interlocal Agreement Between City and PUD — Page 2 of 5 FPUD DOC ID 7898
2.4 City will pay to PUD all matching funds and costs within twenty (20) days after
receiving an invoice for purchase and installation work completed.
2.5 City and PUD shall negotiate in good faith any subsequent agreements as required
herein.
3. Termination
In the event the grant contract between PUD and Department of Commerce is not
executed, this agreement will be terminated.
4. Indemnification
PUD shall defend, indemnify, and hold harmless City, its officers, employees, and agents
from any and all costs, claims, judgments or awards of damages arising out of or in any
way resulting from the negligent acts or omissions of PUD, or its agents, employees or
officers in the performance of this Agreement.
City shall defend, indemnify, and hold harmless PUD, its officers, employees, and agents
from any and all costs, claims, judgments or awards of damages arising out of or in any
way resulting from the negligent acts or omissions of City, or its agents, employees or
officers in the performance of this Agreement.
5. Amendment
This Agreement may only be amended by mutual, written agreement of the signatories to
this Agreement.
6. Interlocal Cooperation Act Provision
Each party shall be solely responsible for all costs, materials, supplies and services
necessary for their performance under the terms of this Agreement. All property and
materials secured by each party in the performance of this Agreement shall remain the
sole property of that party; as an example, LED Streetlights will remain the sole property
of PUD. All funding incident to the fulfillment of this Interlocal Agreement, shall be
borne by each party necessary for the fulfillment of their responsibilities under the terms
of this Agreement. No special budgets or funds are anticipated, nor shall be created
incident to this Interlocal Agreement. It is not the intention that a separate legal entity be
established to conduct the cooperative undertakings, nor is the acquisition, holding, or
disposing of any real or personal property anticipated under the terms of this Agreement.
The Engineering Manager of the PUD and the Deputy City Manager of the City shall be
designated as the administrators of this agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively, posted
on the parties' respective websites as required by RCW 39.34.
Interlocal Agreement Between City and PUD — Page 3 of 5 FPUD DOC ID 7898
7. Entire Agreement
The Parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are hereby expressly
excluded.
8. Nonwaiver
Waiver of any default or breach under this Agreement shall not be deemed to be a waiver
of any other prior or subsequent default or breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
agreement of the Parties hereto.
9. Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of this Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the Parties.
10. Applicable Law
Should any dispute arise concerning the enforcement, breach, or interpretation of this
Agreement, resolution shall be by presentation to the City Manager and the District
General Manager. In the event the dispute is not resolved, it shall be resolved by binding
arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration
(MAR); and venue shall be placed in Franklin County, Washington, the laws of the State
of Washington shall apply, and the prevailing party shall be entitled to its reasonable
attorney fees and costs.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers and/or agents on the day and year first written above.
CITY OF PASCO, WASHINGTON PUBLIC UTILITY DISTRICT NO.1 OF
FRANKLIN COUNTY
Matt Watkins
Mayor
Edward J. Brost
General Manager
Interlocal Agreement Between City and PUD — Page 4 of 5 FPUD DOC ID 7898
STATE OF WASHINGTON)
SS.
County of Franklin
On this day personally appeared before me Matt Watkins, Mayor of the City of Pasco,
Washington, 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 2014.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON)
SS.
County of Franklin
On this day personally appeared before me Edward J. Brost, General Manager of the
Public Utility District No. 1 of Franklin County, 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 2014.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Interlocal Agreement Between City and PUD — Page 5 of 5 FPUD DOC ID 7898
AGENDA REPORT
FOR: City Council May 06, 2014
TO: Gary Crutchfi 1 Managefe
Workshop Mtg.: 5/12/14
Regular Mtg.: 5/19/14
FROM: Robert Metzg , Chief of Po c
SUBJECT: Summer School Services Interagency Agreement
I.
Summer School Services - Proposed Agreement
H. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
5/12: Discussion
5/19: MOTION: I move to approve the Interagency Agreement with the Pasco School
District for summer school services and, fiuther, authorize the Mayor
to sign the agreement.
III. FISCAL IMPACT:
Pasco School District Funds - $16,298.00
IV. HISTORY AND FACTS BRIEF:
A) School Resource Officers (SRO) are full -time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. The School District has requested an extension of
the SRO services for the 2014 Summer School at Pasco High School. Normally,
SRO tservices are not provided during summer months. The School District has
summer school programs at Pasco High School, Chiawana High School, and New
Horizons High Schools. As a proactive measure, the School District has
requested SRO's services for up to eight hours each day of summer school. There
are 22 summer school days from June 11 to July 11. SROs are assigned to work
normal patrol duties when school is not in session.
B) The proposed Interagency Agreement is effective June through July 2014, and
provides two School Resource Officers for the 2014 Summer School. The School
District will reimburse the City for the salary and fringe benefits costs for two
officers during 22 days of summer school. The City Council's approval of the
Agreement is all that is required for the Police Department to proceed on
schedule.
3(e)
INTERAGENCY AGREEMENT
Between
Pasco School District No. 1
And
City of Pasco, Washington
This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the
Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a
municipal corporation of the State of Washington, hereafter referred to as the "City."
No special budget or funds are anticipated, nor shall be created. It is not intended that a separate
legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or
disposing of real or personal property other than as specifically provided within the terms of this
Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated
as the Administrator of this Inter -local Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on
either parties' website or other electronically retrievable public source.
It is the purpose of this agreement to:
Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of
the various campuses of the District located within the City of Pasco, Washington.
2. Provide for the presence of armed and uniformed City Police Officers both inside and
outside the school buildings on selected campuses of the District during certain school hours
in support of such safety and security and the maintenance of a secure and peaceful leaming
atmosphere.
3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police
Department in situations involving, but not limited to:
a. Maintenance of order
b. Use, possession, or sale of illegal drugs and alcohol on school premises
c. Crimes against persons
d. Crimes against property
e. Any other situations or activities which require the intervention of law enforcement
officers; and
4. Provide for participation by police officers in the educational activities and role modeling to
foster and enhance knowledge of and respect for law enforcement and law enforcement
officers by students and the community.
5. Provide positive and supportive interface between law enforcement representatives and the
District's substance abuse and harassment prevention efforts including, but not limited to
Natural Helpers, Student Assistance Teams, Anti- Harassment and Bullying Project and
other intervention and prevention efforts by the District.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco
Page 1 of 5
It is therefore mutually agreed that:
Statement of Work. The City shall furnish the necessary personnel and services and
otherwise do all things necessary for and incidental to the performance of the work stated
herein. The City shall:
a. Assign two full -time uniformed police officers for eight consecutive hours each day
from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific
schools June 11 — July 11, 2014 (except July 4, 2014) in accordance with the following
schedule.
1. Chiawana High School: ............... June 11 - July 8, 2014.............. Monday - Friday
2. Pasco High School: .................... June 16 - July 11, 2014.............. Monday - Friday
3. New Horizons: ............................ June 16 - July 11, 2014 .............. Monday - Friday
One SRO will be assigned to Chiawana High School beginning June 11. The second SRO
will cover duties at the remaining schools for the first full week of classes. The second SRO
will be assigned to Pasco High School beginning June 16. Both officers are responsible for
responding to incidents at the other schools as needed during the overlap period. Each SRO
shall make certain that the Administration at their assigned school is notified when they are
required to respond to another school. Generally, the quickest way to get an SRO to respond
to an alternate school will be to call the Franklin County Emergency Dispatch Center and
request an SRO be sent to the incident at a specific school. Except in incidents where a
particular SRO may have prior knowledge or involvement in a specific case or other
extenuating factors, the on -duty police supervisor will designate which SRO responds.
Office space shall be provided as available at each school for the use of the School Resource
Officer. Such office shall be equipped with one office desk and chair, and one locking
cabinet. The City shall provide a lockable cabinet capable of securing police department
equipment when not in use by the officer.
b. Cooperate with the District to provide training and education to each assigned officer to
insure effective communication and interrelation with the school community and its
students;
c. Cooperate with the District to monitor and evaluate the effectiveness of the assigned
officers and the program;
d. Meet as needed during the academic year with the District's representative (as
designated by the District) to evaluate the effectiveness of the program;
e. Cooperate with the District's representative to investigate and report on any complaints
regarding the conduct of an assigned officer, share fully, as permitted by law, with the
District's representative all results of such investigations for the purpose of responding
to each complaint and cooperate to resolve each complaint. Provided, that it shall be the
responsibility of the District to respond to any complaint the District received from a
student, parent or patron of the District and communicate the results of any investigation
to such person or persons.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco
Page 2 of 5
2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be
subject to and governed by the terms and conditions contained in the text of this agreement.
3. Period of Performance. Subject to its other provisions, the period of performance of this
agreement shall commence on June 11, 2014 and be completed on July 11, 2014 with July
4 scheduled off, unless terminated sooner as provided herein.
The principal shall be responsible for notifying the Chief of the City's Police Department of
the school calendar, schedule of events and activities, and any changes in the same. The
principal shall determine the specific hours when an officer shall be present within the limits
set forth in Section La. of the Agreement.
4. Payment. The District shall reimburse the City for its expenses in employing two officers
for (estimated) 328 hours as follows:
a. For June 11, 2014 through July 11, 2014, an estimated total of sixteen thousand, two
hundred and ninety-eight dollars ($16,298.00).
Actual amount will be determined by the parties based upon any negotiated wage
increase between the City and the police officer's collective bargaining unit. The current
estimated wage rate with benefits is $49.69 per hour.
5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the
District. Payment shall be made to the City according to the regular procedures of the
District.
6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City
for its services described herein or funds from any expected funding source become
unavailable, the District shall notify the City and the obligations of the City shall
immediately cease and this agreement terminate, unless the district otherwise assumes the
obligations for the payment of services rendered by the Police Department.
7. Non - discrimination. In the performance of this agreement, the District and the City shall
comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d),
Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as
now and hereafter amended. Both shall not, except as they may be specifically allowed by
laws to do so, discriminate on the grounds of race, color, national origin, sex, religion,
marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any
sensor, mental, or physical handicap.
In the event of non - compliance by either party or refusal to comply with the above
provisions this agreement may be rescinded, canceled, or terminated in whole or in part.
The non - complying parry shall, however, be given a reasonable time in which to cure this
non - compliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco
Page 3 of 5
S. Records Maintenance. The City shall maintain books, records, documents and other
evidence that sufficiently and effectively reflect all direct and indirect cost expended in the
performance of the services described herein. These records shall be subject to inspection,
review or audit by the personnel of both parties, other personnel authorized by either party,
the Office of the State Auditor and federal officers, if any, so authorized by law. The City
and District shall retain all books, records, documents, and other materials relevant to this
agreement for five (5) years after expiration. The office of the State Auditor, federal
auditors, and any persons authorized by the parties shall have full access and the right to
examine any of these materials during this five -year period.
9. Responsibilities and Authority of School Administrator. The principal or other
administrator designated by the District is responsible for the supervision and daily
operations of the school shall, subject to the lawful exercise of the officer's law enforcement
responsibilities, schedule, assign and direct the officer's duties under this agreement.
The principal is responsible for the investigation of non - criminal incidents that occur at or
are related to the school. If the principal finds that he or she or any individual is in physical
danger, the principal may request the law enforcement officer to assist him or her.
In the case of a search of student property for the violation of District rules or other
administrative reasons, the school principal or designated administrator or District employee
will conduct the search. Once the principal has reason to believe that a crime has been or
may be committed, the principal or other designated administrator shall request the law
enforcement officer to assume responsibility.
The building administrator shall have the responsibility to contact and report to parents and
patrons regarding activities and findings of the law enforcement officer, where appropriate.
10. Indemnification. Each parry shall defend, protect and hold harmless the other parry from
and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's employees or agents while performing under this agreement.
11. Agreement Alterations and Amendments. The District and the City may mutually amend
this agreement. Such amendments shall not be binding unless they are in writing and signed
by the personnel authorized to bind the District and the City.
12. Termination. Except as otherwise provided in this agreement, either party may terminate
this agreement by providing sixty (60) days advance written notification to the other party of
their intent to terminate the agreement. If this agreement is so terminated, the terminating
party shall be liable only for performance, in accordance with the terms of this agreement
for performance rendered prior to the effective date of termination.
13. Savings. Should any portion of this agreement be declared illegal, the balance of the
agreement shall remain in full force and effect to carry out the purposes of this agreement.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco
Page 4 of 5
14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the
following manner: The Director of Educational Services of the District shall appoint a
member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the
Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall
jointly appoint a third member to the Dispute Board. That person shall act as chairperson,
convene the Dispute Board and cause a determination of the dispute, arrived at by a majority
of the Board, to be rendered in a timely manner. The determination of the Dispute Board
shall be final and binding on the District and the City.
15. Notices. Any notices required herein or related hereto shall be delivered in writing to the
District at:
Pasco School District No.1
Attn: Asst. Superintendent, Operations
1215 West Lewis Street
Pasco, WA 99301
And to the City at: Pasco Police Department
Attn: Chief of Police
525 North 3rd Avenue
Pasco, WA 99301
16. All Writings Contained Herein. This agreement contains all the terms and conditions
agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter
of this agreement shall be deemed to exist or to bind any of the parties to this agreement.
In Witness whereof, the parties have executed this agreement effective this 1 3
day of Mau , 2014.
City of Pasco:
Matt Watkins, Mayor
Attest:
Debbie Clark, City Clerk
Approved as to Form
Leland Kerr, City Attorney
Pasco School District No. 1
Sherry Lancon, and President
Saundra e Hill, Superintendent
LL zi.
An Morgan, Asst. Superintendent, Operatic,
Legal
Interagency Agreement between Pasco School District No. 1 and the City of Pasco
Page 5 of 5
TO:
FROM:
SUBJECT:
I.
II.
HI.
IV
V.
AGENDA REPORT
City Counci
Gary Crutc Manager
Legislative Cc ultant Agreement
REFERENCE(S):
Legislative Consultant Agreement - Proposed Agreement
May 9, 2014
Workshop Mtg.: 5/12/14
Regular Mtg.: 5/19/14
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/12: Discussion
5/19: MOTION: I move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for state legislative consultant services and, further,
authorize the City Manager to sign the agreement.
FISCAL IMPACT:
Total: $43,000 maximum
HISTORY AND FACTS BRIEF:
A) The city has employed the services of a legislative consultant for each of the past nine
years. hr doing so, the city has realized the following accomplishments that would likely
not have happened if not for the particular services of the consultant work:
$5.2 million legislative appropriation for construction of the Ainsworth Overpass
Project;
• $400,000 legislative appropriation for construction of the Court Street Pedestrian
Overpass of SR395;
$3 million legislative appropriation for Lewis Street Overpass project.
• Amendment of the ambulance utility statute.
B) GTH has offered to continue services for Pasco, at their standard rate of $3,333 per month,
with a contract term of one year; the resulting cost is $40,000 (plus $3,000 in
reimbursables). While the consultant will perform the general legislative duties listed, the
greatest value will be the consultant's effort to obtain additional state funding assistance
for the Lewis Street overpass, a priority project of the city which is simply too costly for
the city to construct on its own.
DISCUSSION:
A) The value of an effective legislative consultant is clear when measured by the success the
city has realized over the past six years. Continuing such a relationship is imperative if the
city desires to continue to seek assistance via the state legislature (whether by
appropriation or statutory language).
B) GTH accomplished no small feat in the 2009 session by helping obtain the legislative
appropriation of $3,000,000 for the Lewis Street Overpass. In addition, GTH was
instrumental in guiding the regional PFD legislation through the 2010 legislature and the
ambulance utility statute amendment in 2011. While our legislators were also instrumental
in these endeavors, they were aided greatly by the effort of GTH coordinating with many
other legislators to assure the local objective was not lost in the details of the process.
C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a
coordinated effort (state and federal) to obtain the funding assistance necessary for
construction of the Lewis Street Overpass project. The proposed scope of work will
address the city's 2015 legislative agenda, though it may be revised by year -end.
D) In view of the potential 2015 legislative benefits, staff recommends approval of the
proposed contract.
3(f)
CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell
Governmental Affairs (hereinafter referred to as "Consultant "), upon the following terms and
conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and
Consultant will do and produce such other things as are set forth in the Scope of Work (the
"Services "). Consultant's Services will be in compliance with applicable laws, regulations, rules,
orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered
Services in accordance with the specific terns set forth in Attachment "A."
C. Invoices; Payment. Consultant will finish the City of Pasco invoices at regular intervals, as
set forth in Attachment "A."
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A," unless earlier
terminated by mutual agreement. The City of Pasco or consultant may terminate consultant services
for convenience at any time prior to the termination date set forth in Attachment "A," provided that
either party provides 30 -days notice.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or its
nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish
or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower
consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for
paying all of Consultant's own tax obligations, as well as those due for any employee /subcontractor
permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and
hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising
directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce
liability of Consultant, and/or that of any permitted employee or subcontract or Consultant,
pertaining to the Services hereunder.
I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be
binding upon and inure to the benefit of the parties' heirs, and successors.
J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of
Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this
Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction
hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability
of any remaining terms or provisions of this Agreement, and the court shall, so far as possible,
construe the invalid portion to implement the original intent thereof.
K. Arbitration. Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the
dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute
shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Rules of Arbitration (MAR); venue shall be placed in Pasco, Franklin County, Washington, the
laws of the State of Washington shall apply, and the prevailing party shall be entitled to its
reasonable attorney fees and costs.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any prior
agreements or understandings pertaining thereto. Any modification to this Agreement must be made
in writing and signed by authorized representatives of both parties. Any provision hereof which may
be reasonably deemed to survive the expiration or termination of this Agreement shall so survive,
and remain in continuing effect. No delay or failure in exercising any right hereunder shall be
deemed to constitute a waiver of any right granted hereunder or at law by either party.
Consultant: City of Pasco:
Gordon Thomas Honeywell
Governmental Affairs
Briahna Taylor, Vice President Gary Crutchfield, City Manager
Date:
Date:
2014 -2015 Legislative Services Agreement
Page 2
ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work: Consultant shall provide the City of Pasco with the following
governmental affairs services:
General Washington State Legislative Services
• Identify and track all relevant legislation.
• During the legislative session, provide the City with weekly reports and tracking
lists.
• Attend all relevant legislative hearings.
• Attend all relevant legislative meetings.
• Coordinate City officials to testify at relevant legislative hearings.
• Lobby to amend, defeat or pass legislation or budgets that directly affect the
City's interests.
• Strengthen relevant legislative relationships between the City, state legislators,
and executive offices.
• Work with the City to develop a state budget request and lobby the Legislature to
fund the request.
Specific Legislative Issues:
• Obtain specific allocations for the Lewis Street Overpass within the Capital
and/or Transportation budgets and assist in related grant/loan applications.
• Proactively pursue changes to state law that advance the city's annexation efforts.
• Protect and restore state - shared revenues that Pasco receives from the state.
• Pursue reforms to the Public Records Act.
• Preserve local authorities and avoid unfunded state mandates.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of
$3,333 for the services listed above. Consultant shall only bill communication expenses,
such as travel to Pasco. The expenses shall not exceed $3,000 for the term of the
contract.
C. Invoices /Payments: (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after City's receipt and verification of
invoices.
D. Term of Agreement: Consultant's services shall commence on July 1, 2014 and shall
terminate on June 30, 2015.
2014 -2015 Legislative Services Agreement
Page 3
AGENDA REPORT
TO: City Council
FROM: Gary Crutchfie i Manager
SUBJECT: Council Goals
I. REFERENCE(S):
Council Goals - Proposed Resolution
May 8, 2014
Workshop Mtg.: 5/12/14
Regular Mtg.: 5/19/14
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
5/12: Discussion
5/19: MOTION: I move to approve Resolution No. 365 a' establishing primary
goals for the city for calendar years 2014 -2015.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Over the past 20+ years, City Council has conducted biennial retreats in the spring
of each even numbered year (following the municipal election in the odd number
year). The purpose of the retreat is to consider the community input along with
staff advice and develop a list of specific and measurable goals to be pursued by the
city organization over the ensuing two years.
B) The Council conducted its retreat on April 18 & 19 following Community Forums
to collect community advice on March 18 & 19. The result of the retreat is
reflected in the proposed resolution.
V. DISCUSSION:
A) Approval of the resolution will formally establish the list of goals as the primary
work plan for the organization over the ensuing two years. It will be reflected in
budget recommendations as well as day to day administrative actions, all designed
to achieve those goals before the next biennial retreat (spring 2016).
3(g)
RESOLUTION NO. 3Sta
A RESOLUTION establishing primary goals of the City of Pasco for the
ensuing calendar years 2014 -2015.
WHEREAS, the City of Pasco organization desires to focus the allocation of its
resources toward primary goals selected to fulfill the vision of Pasco's future, as held by its
elected representatives; and
WHEREAS, the City Council conducted Community Forums on March 18 and 19 to
elicit the concerns of residents about the present condition of the City, as well as thoughts and
suggestions for Pasco's future; and
WHEREAS, the City managerial staff has shared with the City Council its concerns for
the present as well as visions for the future of the Pasco community; and
WHEREAS, the City Council conducted a goal setting retreat on Saturday, April 19,
2014 to discuss all the various concerns for the present as well as visions for the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. That the following goals shall be considered primary goals for the City of
Pasco for the ensuing two years (calendar years 2014 and 2015):
1. Industrial Development: the Pasco community relies on one of the lower "per capita"
assessed values (total taxable property value divided by total population) in the state. The
City needs to foster more industrial investment to increase the non - residential tax base and,
in turn, improve the ability of local public agencies to deliver needed services. The City has
worked diligently with its partners (Port, PUD, County, etc.) to create "development ready"
industrial sites, particularly the Heritage Industrial Center, Foster Wells area and along the
SR12 corridor. The City will continue to partner with the Port, TRIDEC and others to
focus on the development of "professional wage" jobs through aggressively marketing
industrial development opportunities and will provide sewer service to the Kartchner
interchange industrial area.
2. Road 68 Congestion: the extent and nature of urban growth on the plateau, combined with
the limitations imposed by the current configuration of the Road 68 interchange at I -182,
have led to a pattern of intolerable congestion at the intersection of Road 68 and Burden
Blvd. Though the City has made numerous improvements, and has plans to make additional
improvements, the most promising solutions require modification to the I -182 freeway and
are, therefore, subject to approval of WSDOT and FHWA. The City will construct an
additional south (Road 68) to west bound (1 -182) right turn lane at the Road 68
interchange, obtain approvals for additional on/off ramps east of Road 68, and plan for
the completion of the necessary linkages surrounding the Road 68/1 -182 corridor.
3. Police Station: the explosion of residential growth in the City over the past decade has led to
a corresponding increase in City staff necessary to sustain and improve municipal services.
The Police Department has outgrown available space at the civic center which is at capacity
for virtually all departments. Voter approval of a sales tax for public safety purposes in 2011
provides the City with a funding source which should allow the issuance of bonds for the
construction of a new police station. To that end, the City will construct and occupy a new
police station by 2016.
4. Senior Center: while the City's population has grown dramatically over the last 15 years,
citizen use of the Senior Center has declined. The decline in use is a result of a changing
culture and an older population which is more active in lifestyle and less interested in
traditional "senior citizens" programs. The large size of the facility and declining use has
become an unnecessary drain on the City's resources. Believing that there is still a need for
specialized services and programs for the senior population, the City will provide an
appropriately sized and located senior center to replace the current facility.
5. Northwest Area Utilities: the northwest corner of the City's urban growth area represents an
area of approximately 2,000 acres; including the acreage near the Road 100 /I -182
interchange, which is designated as the City's primary future growth area. With the
availability of urban utility services, the area will develop in an efficient and orderly pattern;
without such services, primarily sewer, the area will not develop to urban levels and much
land will be underutilized. In order to assure that the City can foster appropriate
development in this area, the City will complete Phase 1 of the Northwest Element of the
City's Sewer Services Plan.
6. Priority Parks Facilities: while rapid growth of the City's residential housing stock has
resulted in demands for new neighborhood parks (paid for by park impact fees on new
building permits), the size of the community creates a demand for more specialized facilities
and some larger park and recreation venues. In order to fulfill the growing demand for such
facilities, the City will develop a Priority Parks Facilities Plan and implement Phase I of
the plan.
Primary Goals — 2014 -2015
Page 2
7. Emergency Communications: for more than 30 years, the City has relied on the Franklin
County Sheriff for emergency communication services (police and fire). Operational and
technological constraints along with growth of the City have led to an increasingly
ineffective emergency system. Regionalization of call processing and dispatch services has
been evaluated and promises to be the most cost effective and reliable way to assure future
emergency communication services for the public as well as emergency responders. To that
end, the City Council will diligently work to complete the transition to a single Public
Safety Answering Point (PSAP) for the Tri- Cities region and convert law enforcement
communications to 800 MHZ.
8. Lewis Street Overpass: the existing underpass (now 77 years old) continues to show signs
of deterioration, posing an eventual threat to public safety as well as potential harm to the
BNRR system which has mainline tracks over it. The City has secured the necessary right -
of -way and has completed final design, thus making the project "shovel ready" but cannot
afford to finance construction of the project. Thus, the City will work to obtain state and
federal funding commitments for at least 85% of the estimated $31 million project
construction cost.
9. DNR: the state Department of Natural Resources controls the western half of the property
adjacent to the City's busiest freeway interchange — I- 182/Road 68 — and gateway to the
center of commercial activity in Pasco. As DNR's experience /focus is largely on rural
property, it is ill- equipped to manage property within an urbanizing area. While limited
commercial development has been established in the quadrant north of I -182, the property
lease required by DNR effectively discourages retail developers, indirectly harming the
Pasco community. Further, while the City was successful in securing legislative direction to
DNR requiring the sale of residential property south of the anticipated Chapel Hill Boulevard
extension, continued DNR control of the commercial property (and its use for fanning) at
this high traffic interchange neither benefits the state nor allows the City the advantage of
urbanization (highest and best use) of the property in this area and conflicts with objectives
of the state's Growth Management Act. To address this issue, the City will work to foster
the earliest feasible and appropriate development of commercial property at the Road
68 interchange; facilitate the extension of Chapel Hill Blvd from Road 84 to Road 68;
and prepare to accommodate residential development on property south of the Chapel
Hill extension.
10. Animal Shelter: the Tri-Cities Animal Control Authority (ACA) was formed in 1998 as a
cooperative effort between the cities of Kennewick, Richland and Pasco. In 2001, the City
purchased the shelter formerly occupied by the Humane Society (located in Pasco) and
leased it to the ACA. With the facility reaching 50 years of age, the costs of maintenance are
beginning to become unreasonable. More importantly, the facility no longer has adequate
capacity to house the number of impounded animals, as the population of the three cities has
Primary Goals — 2014 -2015
Page 3
grown dramatically in the past 15 years. As the operating agency for the ACA, Pasco must
assume a leadership role to address the need for a new facility and a shelter plan was
proposed in 2009. While a site for a new facility has been identified and is generally
accepted by all three cities, there is no consensus on when and how to move forward. Pasco
will foster agreement on a shelter replacement plan, and have a new animal shelter
under construction by 2016.
11. Annexation: the City's Urban Growth Area (UGA) was designated by Franklin County, to
include all of the area south of I -182, in 1993. Since that time, the City has planned utility
and transportation infrastructure as well as the siting of other important public facilities to
serve the entire UGA. When City water service has been extended to properties outside the
City limits but within the UGA, the extension has been conditioned on agreement (binding
on successor owners), granting the City the power of attorney to sign a future annexation
petition on behalf of the property owner. Clearly, the most efficient delivery of services to
the "donut hole" will come about upon annexation, as the City already has most of the
staffing and infrastructure in place to serve the area. Additionally, a ballot issue in November
2013 resulted in 70% of city voters continuing that the donut hole should be part of Pasco.
For these reasons, the City will reduce the size of the unincorporated "donut hole"
through continued orderly annexation.
12. Gang Prevention/Suppression: Pasco has managed its gang problem relatively well, but the
problem requires constant vigilance. The growth of gang activities in the region could lead
to escalation of criminal and nuisance activities in Pasco. In addition to the deployment of a
new street crimes police unit, the City will encourage gang prevention programs by
assisting in the provision of program facilities while improving the effect of its graffiti
abatement program.
13. Oregon Avenue: Oregon Avenue is a major arterial serving a primary industrial area of the
City. Recent efforts with WSDOT have produced an agreement on concepts for development
of the roadway to more adequately accommodate traffic and better serve adjacent property
which is intended to encourage more private investment in that vicinity. To that end, the City
will complete Phase 1 of the Oregon Avenue Improvement Plan.
14. Downtown Revitalization: as have many older urban centers, the downtown business
district continues to struggle in its effort to revitalize itself. The formation of the Downtown
Pasco Development Authority and the recent contracting with a downtown revitalization
consultant will help the new organization take its first steps toward revitalization. To further
encourage downtown improvement efforts, the City will complete the design of the one-
way couplet system proposed to accommodate the Lewis Street Overpass and determine
the feasibility and appropriate timing of the project, as it will present significant
opportunity for streetscape renovations in the downtown core.
Primary Goals — 2014 -2015
Page 4
15. Neighborhood Revitalization: residential areas in the central portion of the City include
many homes approaching 60 -75 years of age. Designed for a different age, the
neighborhoods often lack adequate off - street parking, experience higher population densities,
and are frequently characterized by planting strips with large (and often problematic) shade
trees. To address these issues, the City will implement the neighborhood revitalization
plan for the area between 10th and 5m Avenues.
16. Waterfront Plan: over the past decade, the City has made notable improvements along the
Columbia River shoreline. Both the City and the Port of Pasco control a significant amount
of shoreline property east of the Cable Bridge. Given the unique opportunity to develop the
area as an economic and recreational asset, the City will work in partnership with the Port
of Pasco to develop and implement a common plan for redevelopment of the waterfront
area between the Cable Bridge and Osprey Point.
17. Marine Terminal Rail Spur: a Burlington Northern rail spur line extends from its main
line, westerly, then circling to the east to service the Port of Pasco's marine terminal area.
With only one remaining tenant in the area receiving rail service, the line will have no further
use after 2015. Given the wide right -of -way adjacent to much of the spur, there is significant
potential for development and redevelopment of property if the railroad will agree to removal
of the spur and disposal of the associated right -of -way. In order to encourage the eventual
redevelopment of the area, the City will foster an agreement with BNSF and the Port of
Pasco for the removal of the unnecessary rail spur west of the mainline and plan for the
redevelopment of associated lands.
Section 2. The City Manager is hereby directed and authorized to formulate appropriate
implementation strategies to achieve the goals set forth hereinabove, consistent with
appropriation policies and procedures.
PASSED by the City Council of the City of Pasco at a regular meeting this _ day of
2014.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
Primary Goals — 2014 -2015
Page 5
GENERAL FUND OPERATING STATEMENT
THROUGH APRIL 2014
TOTAL EXPEND & END FUND BAL 19,786,709 44,487,687
AVAILABLE CASH BALANCE 5,826,617
PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS
These statements are intended for Management use only.
33%
20,281,890 41,854,785
7,339,272
6(b)
YTD
2014
% OF
YTD
TOTAL
% OF
2014
ORIGINAL
ANNUAL
2013
2013
TOTAL
ACTUAL
BUDGET
BUDGET
ACTUAL
BUDGET
ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY
3,180,456
6,845,170
46.5%
1,698,808
6,400,000
26.5%
SALES
3,090,431
8,207,000
37.7%
2,917,343
9,195,000
31.7%
PUBLIC SAFETY
368,153
1,100,000
33.5%
343,532
0
UTILITY
3,021,193
7,789,544
38.8%
2,682,751
7,846,829
34.2%
OTHER
476,107
1,090,000
43.7%
467,056
1,065,000
43.9%
LICENSES & PERMITS
769,394
1,124,800
68.4%
787,673
1,108,200
71.1%
INTERGOV'T REVENUE
368,753
1,496,000
24.6%
296,905
1,495,150
19.9%
CHARGES FOR SERVICES
1,885,486
5,391,233
35.0%
1,454,129
4,498,459
32.3%
FINES & FORFEITS
304,913
882,000
34.6%
327,912
794,650
41.3%
MISC. REVENUE
184,677
581,160
31.8%
201,729
631,450
31.9%
DEBT AND TRANSFERS IN
872,345
4,077,956
21.4%
557,596
1,295,303
43.0%
TOTAL REVENUES
14,521,907
38,584,863
37.6%
11,735,435
34,330,041
34.2%
BEGINNING FUND BALANCE
5,264,801
5,902,824
8,546,455
7,573,573
TOTAL SOURCES
19,786,709
44,487,687
44.5%
20,281,890
41,903,614
48.4%
EXPENDITURES:
CITY COUNCIL
31,908
113,152
28.2%
34,828
121,315
28.7%
MUNICIPAL COURT
450,115
1,481,060
30.4%
420,446
1,376,639
30.5%
CITY MANAGER
423,341
1,035,567
40.9%
320,901
962,755
33.3%
POLICE
3,856,212
12,338,014
31.3%
3,661,617
12,096,846
30.3%
FIRE
1,620,699
5,146,376
31.5%
2,040,263
4,431,366
46.0%
ADMIN & COMMUNITY SVCS
2,128,162
6,618,351
32.2%
1,763,314
6,022,454
29.3%
COMMUNITY DEVELOPMENT
400,963
1,442,650
27.8%
385,422
1,332,076
28.9%
ENGINEERING
498,251
1,771,200
28.1%
504,364
1,535,558
32.8%
LIBRARY
401,152
1,148,380
34.9%
381,653
1,148,380
33.2%
NON - DEPARTMENTAL
657,167
1,772,143
37.1%
550,293
2,440,351
22.5%
DEBT AND TRANSFERS OUT
1,069,164
6,178,588
17.3%
718,298
5,684,984
12.6%
TOTAL EXPENDITURES
11,537,134
39,045,481
29.5%
10,781,397
37,152,724
29.0%
ENDING FUND BALANCE
8,249,575
5,442,206
9,500,493
4,702,061
TOTAL EXPEND & END FUND BAL 19,786,709 44,487,687
AVAILABLE CASH BALANCE 5,826,617
PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS
These statements are intended for Management use only.
33%
20,281,890 41,854,785
7,339,272
6(b)
AGENDA REPORT
FOR: City
TO: Gary
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Smoking Regulations
I. REFERENCE(S):
1. Smoking Regulations — Proposed Ordinance
May 6, 2014
Workshop Mtg.: 5/12/14
Regular Mtg.: 5/19/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/12: Discussion
5/19: MOTION: I move to adopt Ordinance No. , adding to the Pasco
Municipal Code regarding Smoking Regulations and, further, to
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) The voters of the state passed Initiative 901 in 2005, which prohibits smoking in
public places. Legislative implementation of the Initiative also bans smoking in
places of employment. The City has not yet codified the state regulations
regarding smoking prohibitions. The proposed Ordinance would do so.
B) Recent technology has resulted in the manufacture and sale of a variety of "e-
cigarettes" which convert liquid nicotine into a chemically impregnated gas that is
inhaled and exhaled by the user, thus simulating smoking. While there is ongoing
debate regarding whether the use of such e- cigarettes constitutes "smoking," staff
has included them in the definition of the same for consistency purposes.
C) The sale to, or purchase or possession of tobacco or e- cigarettes by minors is also
prohibited in the ordinance.
D) While state regulations do not cover recreation places where children are known
to congregate, the proposed ordinance proposes a prohibition on smoking at or
near (25 ft.) park playgrounds, shelters and pools.
V. DISCUSSION:
A) Staff recommends adoption of the ordinance.
8(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Creating a New
Chapter 6.10 "Smoking Regulations "; and Creating a New Section 9.48.245
"Smoking at or near Park Shelters, Playgrounds and Pools Prohibited"
WHEREAS, the voters of the State of Washington in 2005, by Initiative 901, directed
smoking in public places be prohibited; and
WHEREAS, legislature in adopting the terms of Initiative 901, enacted Chapter 7.160
RCW prohibiting smoking in public places and in places of employment; and
WHEREAS, smoking consumption of tobacco products has been determined to be
harmful to the health of not only the consumer, but those who may come in contact with second-
hand smoke; and
WHEREAS, the Washington State legislature has further found that the protection of
adolescent health requires a strong set of comprehensive health and law enforcement
intervention, including prohibiting the purchase or possession of tobacco products by minors;
and
WHEREAS, recent technology has broadened the use of harmful nicotine through e-
cigarettes which converts liquid nicotine, which is a known neuro -toxin and highly addictive
substance, into a chemically impregnated gas that is inhaled by the user simulating smoking,
resulting in the discharge of nicotine impregnated gas; and
WHEREAS, to adequately provide a consistent policy for the regulation of the use of
tobacco and nicotine- infused products, and for the health and safety of the citizens of the City of
Pasco; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 6.10 entitled "Smoking Regulations" of the Pasco
Municipal Code, shall be and hereby is created and shall read as follows:
Chanter 6.10
SMOKING REGULATIONS
Sections:
6.10.010
Smoking Prohibited in Public Places or Places of Employment.
6.10.020
Definitions.
6.10.030
Sale for Delivery to Minors.
6.10.040
Purchasing or Possession by a Minor Prohibited.
6.10.050
Required Signage.
6.10.060
Mechanical Sales of E- Cigarettes Restricted.
6.10.070
Penalties.
6.10.010 SMOKING PROHIBITED IN PUBLIC PLACES OR PLACES OF
EMPLOYMENT. No person may smoke in a public place or in any place of employment within
the City.
6.10.020 DEFINITIONS. As used in this Chapter, the following terms have the
meanings indicated.
A) "Electronic cigarette" or "e- cigarette" means an electronic device usually
composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that
provide a gas derived from liquid nicotine and/or other substances which is inhaled by the user
simulating smoking. The term includes such devices, regardless of the details of the product
appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or
other smoking devices.
B) "Liquid nicotine" means any liquid product composed either in whole or in part of
nicotine, proprylene glycol and/or other similar substances and manufactured for use with e-
cigarettes or other devices to be converted into a gas for inhaling.
C) "Minor" means any person under eighteen (18) years of age.
D) "Person" means any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint. venture, joint stock association, limited
liability company, limited partnerships, or other entity or business of any kind.
F) "Place of employment' means any area under the control of a public or private
employer which employees are required to pass through during the course of employment,
including, but not limited to entrances and exits to the places of employment, and including a
presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty -five
(25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed
area where smoking is prohibited; work areas; restrooms; conference and classrooms; break
rooms and cafeterias; and other common areas. A private residence or home -based business,
unless used to promote licensed child care, foster care, adult care, or other similar social service
care on the premises, is not a place of employment.
F) "Public place" means that portion of any building or vehicle used by and open to
the public, regardless of whether the building or vehicle is owned in whole or in part by private
persons or entities, the City of Pasco, or other public entity, and regardless of whether a fee is
charged for admission, and includes a presumptively reasonable minimum distance, as set forth
in RCW 70.160.075, of twenty-five (25) feet from entrances, exits, windows that open, and
ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does
not include a private residence unless the private residence if used to provide licensed child care,
foster care, adult care, or other similar social service care on the premises.
"Public places" include, but are not limited to schools, elevators, public conveyances or
transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor
sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping
centers, retail stores, retail service establishments, financial institutions, educational facilities,
ticket areas, public hearing facilities, state legislative chambers and immediately adjacent
hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling
Smoking Regulation Ordinance
Page 2
alleys, skating rinks, casinos, reception areas, and no less than seventy -five percent (75 %) of the
sleeping quarters within a hotel or motel that are rented to guests. A public place does not
include a private residence. This chapter is not intended to restrict smoking in private facilities
which are occasionally open to the public except upon the occasions when the facility is open to
the public.
A) "Smoke" or "smoking" means the carrying or smoking of any kind of:
1) Lighted pipe, cigar, cigarette, or other lighted smoking equipment.
2) An electronic cigarette or e- cigarette, or other device that results in the
discharge of a gas derived from liquid nicotine.
6.10.030 SALE FOR DELIVERY TO MINORS.
A) Every person who sells or gives, or permits to be sold or given, to any minor any
cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or electronic cigarette or other
vapor product is guilty of a gross misdemeanor.
B) It shall be no defense to the prosecution for a violation of this section that the
person acted, or was believed by the defendant to act, as agent or representative of another.
6.10.040 PURCHASING OR POSSESSION BY A MINOR PROHIBITED.
A) Any minor who purchases or attempts to purchase, possesses, or obtains or
attempts to obtain cigarettes or tobacco products, or e- cigarettes, or their components, commits a
class 3 civil infraction under Chapter 7.80 RCW, and is subject to a fine as set forth therein, or
participation in up to four hours of community restitution, or both. The Court may also require
participation in a smoking cessation program.
6.10.050 REQUIRED SIGNAGE.
A) Owners, or in the case of a leased or rented space, the lessee or other person in
charge, of a place regulated under this Chapter, shall prohibit smoking in public places and
places of employment and shall post signs prohibiting smoking as appropriate under this
Chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail
stores and retail service establishments, signs shall be posted conspicuously at each entrance and
in prominent locations throughout the place.
B) Any person selling, marketing, displaying, giving, or distributing tobacco
products or e- cigarettes, or their components shall display a printed sign, posted so that it is
clearly visible to anyone purchasing tobacco products, e- cigarettes, or their components. The
sign must be in contrasting colors and at least 20 -point type, and must read substantially as
follows:
Smoking Regulation Ordinance
Page 3
"IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR
PURCHASING TOBACCO PRODUCTS, E- CIGARETTES, OR RELATED
DEVICES OR THEIR COMPONENTS. THE SALE OF TOBACCO
PRODUCTS, E- CIGARETTES, OR RELATED DEVICES OR THEIR
COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY
PROHIBITED - PHOTO ID IS REQUIRED."
6.10.060 MECHANICAL SALES OF &CIGARETTES RESTRICTED. No person
shall sell or permit to be sold e- cigarettes, or their components, through any device that
mechanically dispenses such products unless the device is located fully within premises from
which minors are prohibited, and in a location not less than ten (10) feet from all entrances or
exit ways to and from the premises.
6.10.070 PENALTIES.
A) Any person intentionally violating this Chapter by smoking in a public place or
place of employment, or any person removing, defacing, or destroying a sign required by this
Chapter, is subject to a civil fine of up to one hundred dollars ($100.00).
B) Every person violating Section 6.10.030, is guilty of a gross misdemeanor.
C) Violation of any provision of this Chapter by a minor shall be a class 3 civil
infraction under PMC 1.02. Violation of any provision of this Chapter other than as provided
above, by anyone other than a minor, shall be a class 1 civil infraction. Each violation is a new
and separate offense.
Section 2. That a new Section 9.48.245 entitled "Smoking in Parks Prohibited" of the
Pasco Municipal Code shall be and hereby is created and shall read as follows:
9.48.245 SMOKING AT OR NEAR PARK SHELTERS. PLAYGROUNDS AND
POOLS PROHIBITED. Smoking, as defined by PMC 6.10.020 and tobacco use is nrobibited at
or within twenty five (25) feet of the perimeter of all park shelters, playgrounds (including water
plavgrounds) or swimming pools.
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2014.
Matt Watkins, Mayor
Attest:
Debbie Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
Smoking Regulation Ordinance
Page 4
AGENDA REPORT
TO: City Council
FROM: Gary Crutchfi y ager
SUBJECT: 201h Avenue Property Sale
I. REFERENCE(S):
May 14, 2014
Regular Mtg.: 5/19/14
1. 201h Avenue Property Sale — Vicinity Map
2. 20th Avenue Property Sale — Proposed Resolution
3. 20th Avenue Property Sale — Proposed Agreement
4. 201h Avenue Property Sale — Boundary Line Adjustment Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/19: MOTION: I move to approve Resolution No. , approving the sale of
certain real property on 201h Avenue.
III. FISCAL IMPACT:
$220,000 net income to the City's General Fund
IV. HISTORY AND FACTS BRIEF:
A) The Olsons purchased a 3.15 acre parcel on 201h Avenue from the city in 2002 for
development of a Best Western Hotel facility. That project was completed in
January 2005. and has operated successfully to date. The Olsons anticipate the
need for some expansion of the facility and desire to purchase about one acre
immediately north of the current facility. Expansion improvements will likely
include a small building footprint and additional parking. No timetable has been
fixed for the improvements.
B) The acre desired by the Olsons is in the southern portion of the remaining 10 -acre
parcel owned by the city, north of the hotel. The city has no immediate plans for
development of the 10 -acre site, though it has been offered for sale for the past
decade. Sale of the southern one -acre parcel to the Olsons to accommodate the
Best Western plan will not only complement the existing development but is not
expected to diminish the attractiveness of the remaining nine -acre parcel.
C) In reviewing County Assessor records, it was determined that the average value of
the sites adjacent the subject parcel is $4 /sq. ft. Given that County Assessor
values are customarily below market value, the proposed sale agreement reflects
an agreed price of $4.50 /sq. ft., or $227,000 for the 1.16 acre parcel.
V. DISCUSSION:
A) The proposed sale will facilitate a modest expansion of an existing and successful
business and will not harm the value of the existing vacant parcel owned by the
city. The agreed price reflects market value and is beneficial to the city. Staff
recommends Council approval of the proposed agreement.
8(b)
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RESOLUTION NO.
A RESOLUTION approving the sale of certain real property on 20`h Avenue.
WHEREAS, the City owns a ten -acre parcel at the southeast corner of Argent Road and
20a` Avenue and said parcel is surplus to the present and future needs of the City, and
WHEREAS, the owner of the Best Western Hotel adjacent the south boundary of the
City parcel desires to expand the hotel development and requires additional real property from
the City to effect the expansion; and
WHEREAS, sale of the parcel can be best fulfilled if accomplished through negotiated
sale to include appropriate terms and conditions regarding the nature, scale and timing of
development; and
WHEREAS, owners of the adjacent Best Western Hotel have agreed to terms and
conditions for purchase of approximately 50,529 square feet, such terms and conditions being
appropriate to fulfill the City's objectives;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DOES RESOLVE AS FOLLOWS:
Section 1. That the sale of certain real �roperty located approximately 600 feet south
of Argent Road and adjacent to the east line of 20 Avenue, as legally described in the Purchase
and Sale Agreement attached hereto, be approved subject to all terms and conditions in the
attached Purchase and Sale Agreement.
Section 2. The City Manager is hereby authorized to execute all documents necessary
to effect the sale of the property in accordance with the Purchase and Sale Agreement.
PASSED by the City Council of the City of Pasco, this 19th day of May, 2014.
CITY OF PASCO:
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into on
this day of , 2014, between the City of Pasco, a Washington Municipal
Corporation (hereinafter "City") and Robert N. Olson and Candace G. Olson, husband and wife
(hereinafter "Purchasers ") for establishing the terms and conditions for the sale of real property
(hereinafter "Property") legally described as set forth in Exhibit A attached hereto:
RECITALS
WHEREAS, City is the owner of real property located in Franklin County, Washington, which
real property is described more particularly above; and
WHEREAS, City wishes to sell such real property and Purchasers wish to purchase such
property under certain terms and conditions as set forth below; NOW, THEREFORE,
The parties covenant and agree as follows:
Purchase and Sale. City agrees to sell, and Purchasers agree to purchase:
(a) That certain parcel of real property described above;
(b) All development rights relating to the real property; (i) all rights to obtain utility
service in connection with the real property; (ii) assignable licenses and other
governmental permits and permissions relating to the real property and the
operation thereof.
(c) The land, improvements, and appurtenances which constitute real property are
hereafter collectively defined as the "Real Property." All of the Property included
by reference within the foregoing paragraphs 1(a) through 1(c), both real and
personal, is hereinafter collectively referred to as the "Property."
(d) Conditions of sale, Purchasers agree to use the real property for the expansion of
the hotel complex adjacent thereto located at 2811 North 20th Avenue, Pasco,
Franklin County, Washington.
2. Purchase Price /Financine. The purchase price for the Property is Two Hundred Twenty-
Seven Thousand, Three Hundred Eighty -Three Dollars and 20/100 ($227,383.20) which
is calculated at $4.50 per square foot. The City represents that the Property totals
approximately 1. 16 acres or 50,529 square feet. The purchase price is payable in cash to
the City.
PURCHASE AND SALE AGREEMENT - Page 1
3. Method of Payment. Within ten (10) business days following the last party's execution of
this Agreement and delivery of a fully executed original thereof to the other party,
Purchasers will deposit with an escrow agent (Benton - Franklin Title Company), Ten
Thousand and 00 /100ths Dollars ($10,000.00), which shall constitute a deposit and be
held in an interest bearing trust account. This deposit shall be applied to the purchase
price.
(a) Purchasers agree that the deposit/earnest money shall be paid to City if the sale
does not close after Purchasers have removed all contingencies in writing.
(b) Upon closing, Purchasers shall electronically transfer proceeds of Purchasers'
financing for the balance of the purchase price or issue a cashier's check in the
amount of the purchase price.
4. Survev. The purchase price for the Property is Four and 50 /100ths Dollars ($4.50) per
square foot, as determined in accordance with paragraph 4(a).
(a) The City shall, at City's expense, within ten (10) days following the execution
and delivery of the Purchase and Sale Agreement to the Title Company, provide a
current survey acceptable to both Purchasers and Title Company. The purchase
price is based on the City's representation that the area of the parcel comprising
this Property sale is 50,529 square feet.
(b) The City shall, at City's expense, within thirty (30) days following the execution
and delivery of the Purchase and Sale Agreement to the Title Company, secure a
boundary line adjustment thereby, conveying the above - described real property to
the Purchasers contingent upon closing.
5. Inspection Period:
(a) Between the effective date of this Agreement and closing, or the earlier
termination of this Agreement, Purchasers and their authorized agents,
contractors, and consultants, shall have the right to go upon the Property at
reasonable times for the purpose of inspecting each and every part thereof to
determine its present condition and, at Purchasers' sole cost and expense, to
prepare such reports, tests, and studies as Purchasers deem appropriate, including
but not limited to surveys, soil tests, engineering studies and environmental tests.
Before conducting any invasive or intrusive testing such as borings or test holes,
Purchasers shall give City at least forty -eight (48) hours prior written notice, and
shall coordinate the date and time of such testing to enable City's representatives
and/or consultants to be present to take duplicate samples and record the methods
used by the Purchasers' consultants. The Purchasers' inspection period shall not
exceed thirty (30) days from the effective date of the Agreement unless otherwise
agreed to by both parties in writing.
PURCHASE AND SALE AGREEMENT - Page 2
(b) Purchasers agree to repair any damage to the Property resulting from any
activities of Purchasers or their agents or consultants on the Property before
closing. Purchasers agree to defend, indemnify and hold the City harmless from
any and all damages, expenses, claims, or liabilities (including but not limited to
attorney's fees and costs) arising out of any activities of Purchasers or their agents
or consultants on or about the Property before closing, except to the extent that
the same results from the City's negligence. Purchasers shall not be liable for any
inspection claim resulting from Purchasers' discovery of any pre-existing
condition (including, but not limited to, the existence of any hazardous materials)
in, on, under or about the Property or any exacerbation of a pre - existing condition
in, on, under or about the Property, except to the extent that the exacerbation
results from the negligent act or omission of Purchasers or their agents or
consultants.
6. Title. Title to the Property is to be so insurable at closing under terms of the title policy
required to be delivered by City under terms of paragraph 7 hereof. All title insurance
charges for the policy referenced in paragraph 7 below in the amount of the purchase
price shall be equally divided between the parties, except for the cost of any special
endorsements requested by Purchasers and cancellation fees shall be paid by Purchasers.
7. Preliminary Commitment. Within fifteen (15) days from the last party's execution of this
agreement, City shall furnish Purchasers with a preliminary report/commitment from
Benton - Franklin Title for an ALTA owner's policy of title insurance with respect to the
Real Property, together with a copy of each document forming the basis for each
exception referenced therein. Purchasers shall advise City of any title objections within
five (5) days of its receipt of the report/commitment to remove all exceptions or
conditions in the title, commitment. If within ten (10) days after its notice to City,
Purchasers have not received evidence satisfactory to it that such unsatisfactory items can
and will be removed at or prior to closing at City's sole cost and expense, then Purchasers
may elect to (a) terminate this Agreement and receive a full refund of the deposit, (b)
waive such defects, or (c) continue this Agreement in effect pending their removal.
Removal of unsatisfactory items or their waiver shall be a condition of closing. If
Purchasers do not make an election within thirty (30) days of its execution of this
Agreement, Purchasers shall be deemed to have waived the defects.
8. Due Diligence, Inspection Period.
(a) Within fifteen (15) days following the last party's execution of this Agreement,
City shall provide Purchasers with the title commitment described in paragraph 7
above, together with all relevant documents relating to the Property, including but
not limited to copies of all easement, boundary line adjustment application and all
other covenants and restrictions with respect to all or portions of the Property; and
all existing surveys and other reports and studies relating to the Property or its use
or development in the possession of City.
PURCHASE AND SALE AGREEMENT - Page 3
(b) Purchasers shall have thirty (30) days from the date the last party executes this
Agreement (the "Inspection Period ") within which to conduct an examination of
the Property, including examinations of title, engineering tests, soils tests, water
percolation tests, ground water tests, environmental examinations, market studies,
appraisals, and any other tests'or inspections which Purchasers shall have deemed
necessary or desirable for the purpose of determining whether the Property is
suitable for their intended uses. On or before the expiration of the Inspection
Period, the Purchasers shall notify City in writing, with a copy to Escrow Agent,
whether Purchasers intend to purchase the Property or terminate this Agreement.
If Purchasers elect to purchase the Property, then the Inspection Period shall
terminate and Purchasers' obligation to purchase and City's obligation to sell the
Property shall remain, subject to the other terms and conditions of this
Agreement. If Purchasers elect not to purchase the Property, then this Agreement
shall be void and of no further force and effect, and the deposit shall be returned
to Purchasers. hi the event Purchasers fail to notify City in writing of its election
to purchase the Property or terminate this Agreement prior to the expiration of the
Inspection Period, then Purchasers shall be deemed to have elected to terminate
this Agreement.
9. Pro - rations. Real Property taxes, assessments, water and other utilities, and all other
expenses for the month of closing, shall be prorated as of closing. All expenses, fees and
sums owing or incurred for the Property for periods prior to closing shall be paid by City,
when and as due.
10. Possession. Purchasers shall be entitled to sole possession of the Property at closing,
subject only to the rights, if any, of tenants in possession under the leases.
11. Closine. Closing shall occur within ten (10) days of the conclusion of Purchasers'
inspection period as provided in Section 5 above, but in no event later than July 1, 2014.
(a) At closing City will deposit in escrow a duly executed statutory warranty deed
covering the Property; a FIRPTA affidavit; and all other documents and monies
required of it to close this transaction in accordance with the terms hereof. All
such documents shall be in form satisfactory to Purchasers' counsel.
(b) At closing Purchasers will deposit in escrow the monies required of it to close the
transaction in accordance with the terms hereof.
12. Closina Costs. All excise, transfer, sales and other taxes, if any, incurred in connection
with the sale, the title insurance premium, recording fees on the deed and the escrow fee
shall be equally divided between the parties. The City shall bear all costs associated with
the boundary line adjustment. Each party shall bear its own attorneys' fees, except as
otherwise expressly provided herein.
PURCHASE AND SALE AGREEMENT - Page 4
13. Liquidated Damages. As an inducement to develop surplus City property in a manner that
brings economic development to the City, the parties agree to the following liquidated
damages in the event that Purchasers fail, without legal excuse after the inspection
period, to complete the purchase of the Property or fulfill the terms and obligations set
forth in paragraph 3. The Purchasers acknowledge that the purchase price and
consideration given by City are related to the City's goal of economic development and
lost opportunities for development that would arise if Purchasers fail to begin
construction of the anticipated development. Purchasers expressly acknowledge that this
clause is not a penalty but a reasonable forecast of economic loss if development does not
occur at this location. The earnest money /deposit shall be forfeited to the City as the sole
and exclusive remedy available to the City for such failure to purchase. In the event City
defaults hereunder, Purchasers may pursue all remedies at law or equity, including the
right to specific performance, an action for damages, or termination and return of its
earnest money.
14. CountgMarts. This Agreement may be signed in counterparts which, taken together, shall
constitute the complete Agreement.
15. Actions During Tenn. During the term hereof, City shall not enter into any lease or other
agreement affecting the Property or its operation, or modify, extend or otherwise change
the terms of any lease or other agreement affecting the Property or its operation or
otherwise permit any change in the status of title to the Property without Purchasers'
prior written consent.
16. Assignment. Purchasers may not assign Purchasers' interest in this Agreement without
City's prior written consent.
17. City's Warranties: Indemnity. City makes the following representations and warranties,
which shall be deemed remade as of the closing date:
(a) The Property and improvements are not in violation of any applicable covenant,
condition or restriction or any applicable statute, ordinance, regulation, order,
permit, rule or law, including, without limitation, any building, private restriction,
zoning or environmental restriction.
(b) Other than the obligations of record, there are no obligations in connection with
the Property, which will be binding upon Purchasers after closing other than
liability for the payment of real estate taxes and utility charges.
(c) There are no claims, actions, suits or governmental investigations or proceedings
existing or, to the best of City's knowledge, threatened against or involving City
or the Property (including, without limitation, any condemnation or eminent
domain proceeding or matter related to the formation of or assessment by a local
improvement district) and City has received no written notice thereof.
PURCHASE AND SALE AGREEMENT - Page 5
(d) All insurance policies now maintained on the Property will be kept in effect, up to
and including the closing. City has received no notice from any insurance
company or rating organization of any defects in the condition of the Property or
of the existence of conditions which would prevent the continuation of existing
coverage or would increase the present rate of premium.
(e) There are no leases affecting the Property.
(f) All such representations and warranties shall be reaffirmed by City as true and
correct as of the Closing Date and shall survive the Closing for a period of two (2)
years.
If, prior to closing, City becomes aware of any fact or circumstance which would change
a representation or warranty, then City will immediately give notice of such changed fact
or circumstance to Purchasers, but such notice shall not relieve the City of its obligations
hereunder.
18. Environmental Indemnification.
(a) City will defend, indemnify, and hold Purchasers and their partners, agents and
employees and assignee (collectively, the "Indemnified Parties ") harmless from
and against any and all claims, obligations, damages, causes of action, costs and
expenses, losses, fines, penalties, and liabilities, including, without limitation,
attorneys' fees and costs, imposed upon or incurred by or asserted against an
Indemnified Party arising out of or in connection with the occurrence of any of
the following: (i) prior to closing: (A) any Environmental Matter affecting or
relating to the Property arising out of City's use and ownership of the Property; or
(B) any violation of any Environmental Law by City with respect to the Property;
and (ii) subsequent to closing: (C) the manufacture, storage, sale, use, disposal,
release, or discharge of Hazardous Substance in, on or under the Property by City;
or (D) any violation of any Environmental Law by City with respect to the
Property. City shall also be responsible for all costs, expenses, fines, and penalties
arising out of or in connection with the investigation, removal, remediation, clean-
up, and restoration work resulting from the matters described in the preceding
sentence. City's obligations under this Section 22 shall survive closing.
(b) "Environmental Laws" shall mean any federal, state or local laws, ordinance,
permits or regulations, or any common law, regarding health, safety, radioactive
materials or the environment, including but not limited to, the following federal
statutes: Clean Air Act (42 U.S. C. §§ 7401 et sea.) ( "CA)V"), Clean Water Act
(33 U.S.C. §§ 1251 et sea.) ( "CWX ), Resource Conservation and Recovery Act
(42 U.S.C. §§ 6091 et sea.) ( "RCRA "), Comprehensive Environmental Response
Compensation and Liability Act (42 U.S.C. §§ 9601 et sea.) ( "CERCLA "),
Emergency Planning and Community Right -To -Know Act (41 U.S.C. §§ 11001 et
LN.) ( "EPCRA" ), Safe Drinking Water Act (42 U.S.C. §§ 300f et sea.)
( "SDWA" ), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801
et sea.) ( "HMTA "), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seo.)
( "TSCA "), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et sec.) ( "ESA "),
PURCHASE AND SALE AGREEMENT - Page 6
Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et sea.)
( "FIFRA" ), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seo.)
( "OSHA "), the Washington Model Toxics Control Act (RCW Chapter 70.150D)
( "MTCA "), or the Hazardous Waste Management Act (RCW Chapter 70.105)
( "HWM)V"), each as amended, and any regulations promulgated thereunder,
guidance and directives issued with respect thereto, or policies adopted by the
applicable authorities thereunder.
(c) "Hazardous Substances" shall mean: (i) any radioactive materials; (ii) any
substance or material the transportation, storage, treatment, handling, use,
removal or release of which is subject to any Environmental Law; or (iii) any
substance or material for which standards of conduct are imposed under any
Environmental Law. Without limiting the generality of the foregoing, "Hazardous
Substances" shall include: asbestos and asbestos - containing materials (whether or
not friable); urea- formaldehyde in any of its forms; polychlorinated biphenyls; oil,
used oil; petroleum products and their by- products; lead -based paint; radon; and
any substances defined as "hazardous waste," "hazardous substances," "pollutants
or contaminants," "toxic substances," "hazardous chemicals," "hazardous
pollutants," or "toxic chemicals "under the CAA, CWA, RCRA, CERCLA,
EPCRA, SDWA, HMTA, TSCA, OSHA, MTCA or HWMA.
(d) "Environmental Matter" shall mean any of the following: (i) the release of any
Hazardous Substance on or at the Property or any other property; (ii) the
migration of any Hazardous Substance onto or from the Property; (iii) the
environmental, health or safety aspects of transportation, storage, treatment,
handling, use or release, whether any of the foregoing occurs on or off the
Property, of Hazardous Substances in connection with the operations or past
operations of the Property; (iv) the violation, or alleged violation with respect to
the Property, of any Environmental Law, order, permit or license of or from any
governmental authority, agency or court relating to environmental, health or
safety matters; (v) the presence of any underground storage tanks within the
confines of the Property; (vi) the presence of wetlands within the confines of the
Property; (vii) the presence of any endangered species on, in or around the
Property, or (viii) soil, groundwater and surface conditions on, in or around the
Property which may have an adverse affect upon the use or value of the Property.
19. Costs and Expenses. Except as otherwise expressly provided herein, each party hereto
will bear its own costs and expenses in connection with the negotiation, preparation and
execution of this Agreement and other documentation related hereto and in the
performance of its duties hereunder.
20. Notices. All notices provided for herein may be delivered in person, sent by commercial
overnight courier, telecopied or mailed by U.S. registered or certified mail, return receipt
requested, and, if mailed, shall be considered delivered three (3) business days after
deposit in such mail. The addresses to be used in connection with such correspondence
and notices are the following, or such other address as a party shall from time -to -time
direct:
PURCHASE AND SALE AGREEMENT - Page 7
City: City of Pasco
525 North 3rd
Pasco, WA 99301
Attn: Gary Crutchfield, City Manager
Phone: (509) 545 -3404
Purchasers: Robert N. Olson
Candace G. Olson
2811 North 20th Avenue
Pasco WA 99301
(509) 947 -6860
21. Miscellaneous.
(a) Further Documentation. Each of the parties agrees to execute, acknowledge, and
deliver upon request by the other party any document which the requesting party
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents hereof,
so long as such imposes no different or greater burden upon such party than is
otherwise imposed hereunder.
(b) Headings. The headings in this Agreement are for convenience only and do not in
any way limit or affect the terms and provisions hereof.
(c) Calculation of Time Periods. Unless otherwise specified, in computing any
period of time described in this Agreement, the day of the act or event after which
the designated period of time begins to run is not to be included and the last day
of the period so computed is to be included, unless such last day is a Saturday,
Sunday or legal holiday. The final day of any such period shall be deemed to end
at 5 p.m., Pacific Time.
(d) Time of Essence. Time is of the essence of this Agreement.
(e) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to
refer to the plural and the plural to the singular, and pronouns of certain genders
shall be deemed to include either or both of the other genders.
(f) Exhibits. The Exhibits referred to herein and attached to this Agreement are
incorporated herein as if set forth in full.
(g) Unenforceability. If any provision of this Agreement is held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect the remainder of such provision or any other provisions hereof.
PURCHASE AND SALE AGREEMENT - Page 8
(h) Amendment. Modifications. This Agreement may not be altered, amended,
changed, waived, terminated or modified in any respect or particular unless the
same shall be in writing and signed by or on behalf of the party to be charged
therewith.
22. Attorneys' Fees. If any lawsuit or arbitration arises in connection with this Agreement,
the substantially prevailing party therein shall be entitled to receive from the losing party,
the substantially prevailing party's costs and expenses, including reasonable attorneys'
fees incurred in connection therewith, in preparation therefore and on appeal therefrom,
which amounts shall be included in any judgment entered therein.
23. Waiver. A party may, at any time or times, at its election, waive any of the conditions to
its obligations hereunder, but any such waiver shall be effective only if contained in
writing signed by such party. No waiver shall reduce the rights and remedies of such
party by reason of any breach of any other party. No waiver by any party of any breach
hereunder shall be deemed a waiver of any other or subsequent breach.
24. Governing Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Washington.
25. Facsimile Signatures. Each party (a) has agreed to permit the use, from time -to -time and
where appropriate, of telecopied signatures in order to expedite the transaction
contemplated by this Agreement, (b) intends to be bound by its respective telecopied
signature, (c) is aware that the other will rely on the telecopied signature, and (d)
acknowledges such reliance and waives any defenses to the enforcement of the
documents effecting the transaction contemplated by this Agreement based on the fact
that a signature was sent by telecopy.
26. REMEDIES. IF PURCHASERS FAIL, AFTER THE REMOVAL OF ITS
CONTINGENCIES, AND WITHOUT LEGAL EXCUSE, TO COMPLETE THE
PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO CITY
AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO
CITY FOR SUCH FAILURE. IN THE EVENT OF CITY'S DEFAULT, PURCHASERS
MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY,
INCLUDING SPECIFIC PERFORMANCE.
City's Initials Purchasers' Initials . R_ C ,
27. Entire Agreement. This Agreement and the exhibits hereto constitute the entire
agreement among the parties with respect to the subject matter hereof and supersede all
prior agreements, oral or written, express or implied, and all negotiations or discussions
of the parties, whether oral or written, and there are no warranties, representations or
agreements among the parties in connection with the subject matter hereof except as set
forth herein.
PURCHASE AND SALE AGREEMENT - Page 9
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates noted
below.
Date: 5 —AQ —lq 2014
Date: 12014
Date: 2014
Attest:
PURCHASERS
By
Robert N. Olson
By: %LC�c&u )d,
Candace G. Olson
CITY
CITY OF PASCO
GARY CRUTCHFIELD, City Manager
Approved as to form:
DEBBIE CLARK, City Clerk LELAND B. KERR, City Attorney
PURCHASE AND SALE AGREEMENT - Page 10
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the
City of Pasco, Washington, to me 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
deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this _ day
STATE OF WASHINGTON )
/ ' ) ss.
County of LL 9✓ )
2014.
Notary Public in and for the State of Washington,
Residing at
My Commission Expires:
On this day personally appeared before me ROBERT N. OLSON and CANDACE G.
OLSON, to me known to be the individuals described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their free and voluntary deed for the uses
and purposes therein mentioned.
SUBSCRIBED and sworn to before me this ,,— day of I @, 2014.
_.oN��pRY . #
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CF
and ((owe, State of Washington,
Residing at j1Q.ti� u
My Commission Expires:
PURCHASE AND SALE AGREEMENT - Page 11
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 2, BINDING SITE PLAN NO. 2002 -06, RECORDED IN VOLUME 1
OF SURVEYS, PAGE 65, RECORDS OF FRANKLIN COUNTY, WASHINGTON SITUATED IN
THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 9 NORTH, RANGE 30 EAST,
WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 OF SAID BINDING SITE PLAN,
SAID CORNER BEING LOCATED ON THE EAST RIGHT -OF -WAY LINE OF NORTH 20TH
AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF SAINT ANDREWS LOOP; THENCE
NORTH 02 004'02" EAST ALONG THE EAST LINE OF SAID NORTH 20TH AVENUE 371.05
FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EAST RIGHT -OF -WAY LINE SOUTH 87 055'58" EAST OF 499.31
FEET TO THE NORTHWEST CORNER OF LOT 2, BINDING SITE PLAN NO. 1998 -03,
RECORDED IN VOLUME 1 OF SURVEYS, PAGE 34, RECORDS OF SAID COUNTY AND
STATE AND THE TERMINUS OF SAID DESCRIBED LINE.
CONTAINING 1.16 ACRES.
PURCHASE AND SALE AGREEMENT - Page 12
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31Y8r1Y NJQLN
AGENDA REPORT NO. 19
FOR: City Council May 5, 2014
TO: Gary Crutch ' Manager
FROM: Ahmad Qayo i, Public Works Director Workshop Mtg.: 05/12/2014
Regular Mtg.: 05/19/2014
SUBJECT: Citywide Traffic Signal Improvements
I. REFERENCE(S):
1. Citywide Traffic Signal Improvements — Vicinity Map
2. Citywide Traffic Signal Improvements — Professional Services Agreement
Summary Sheet
3. Citywide Traffic Signal Improvements — Scope of Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/12: Discussion
5/19: MOTION: I move to approve the Professional Services Agreement with
DKS authorizing design services with respect Citywide Traffic
Signal Improvements project in the amount of $270,009.45,
and further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
STP - $233,558.17
Arterial - $36,451.28
IV. HISTORY AND FACTS BRIEF:
A) In May of 2013, Council approved an agreement with Kittelson and Associates,
Inc. in the amount of $30,000 STP Funds to conduct a Study to include inventory,
review of existing conditions and to identify options to improve the City's traffic
signals. Out of 46 signals, 37 are over 20 to 40 years old with controllers that are
so outdated they can seldom be repaired if broken. It also included development
of a traffic signal communication system, recommendation on project priority and
a preliminary design of citywide signal improvements.
B) Kittelson and Associates completed the Study and the conceptual design that
meets the scoping of the professional services.
C) On March 10, 2014 Staff presented the findings of the study to Council. The only
concern raised by Council was the provisions and recommendations for PTE
cameras. Council approved the Master Plan with language added to address
concerns about surveillance cameras.
D) After Master Plan approval, staff sent RFPs for final design of the Citywide
Traffic Signal Improvements.
V. DISCUSSION:
A) Three consultant firms were interviewed and DKS Associates was selected to
design the project by the interviewing team. The project design will address new
ADA requirements causing expansion of the project scope and associated costs.
On March 31, 2014 and April 1, 2014 additional data was collected during a site
visit performed with City staff and consultants.
B) Based on the analysis of the information collected and current requirements, the
project scope was finalized for a total of 39 intersections. The other 7 signalized
intersections will be addressed within the Road 68, Oregon Avenue and Argent
Road projects.
C) The project will cover all improvements needed for 39 locations. Work will be
divided into a base and alternate bids to allow execution of work in stages that
10(a)
correspond with the availability of funds. Proposed work in the affected
intersections are summarized in the table below:
D) Staff recommends approval of the agreement as proposed.
PROPOSED WORK
LOCATIONS
•
Upgrade of existing traffic signal cabinets to TS2
Type 1 cabinets and 2070E controllers
•
In -fill of existing fiberglass controller foundation
with concrete
38
•
Implementation of emergency preemption hardware
(GPS based)
•
Implementation of fiber optic communications
equipment including Ethernet switches
•
ADA ramp improvements
20
•
Mast arm pole replacement and pedestrian pole
6
installations
•
Striping modifications
22
•
Traffic separator
2
•
Curb extension (bulb out) improvements
1
•
Relocation of storm water infrastructure
3
•
Installation of new conduit
3
•
Implementation of Communications System
20
•
Installation of signal indications: flashing yellow
36
arrows for protected/perniissive left turns and
modification to thorough traffic signals
•
Installation of battery backup system for traffic
8
signals during emergency for key intersections
•
Implementation of alternative vehicle detection
38
methods
•
Installation of pedestrian count down timers
1 35
D) Staff recommends approval of the agreement as proposed.
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Professional Services Agreement
(Summary Sheet)
Citywide Traffic Signal Improvements
DKS
Address: 720 SW Washington St., Suite 500
Scope of Services: Exhibit A
Term: 7 MONTHS Completion Date: 12/31/2014
Payments to Consultant:
❑ Hourly Rate: $
® Fixed Sum of: $ 270, 009.45
❑ Other:
Insurance to be Provided:
1. Commercial General Liability:
❑ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
® $ 1,000,000 each occurrence; and $2,000,000 general aggregate
2. Professional Liability:
® $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
Other Information:
CITY OF PASCO, WASHINGTON
SCOPE OF SERVICES
CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS
INTRODUCTION
The City of Pasco, Washington has recently completed a traffic signal master plan that included
upgrades of all traffic signal infrastructure and has developed the base architectural plan for the
implementation of ITS within the City. As part of the Master Plan, the City has prioritized the
needed improvements at each traffic signal controlled intersection and developed 30 percent
design plans for each intersection to accommodate future growth needs.
With an anticipated population growth forecast of more than 45 percent over the next 20 years, it
will be necessary for the City to develop a reliable transportation system capable of facilitating
the increase in vehicular, freight, pedestrian, bicycle, and rail traffic. To aid in facilitating this
growth, the City is seeking a consultant with expertise in traffic signal and communication
systems. This consultant will be an extension of staff for developing a reliable city wide traffic
signal and communication system as identified in their recently completed Traffic Signal Master
Plan and 30 percent design documents. Elements of this Scope of Services will include design of
the following upgrades to the point feasible with the existing construction funds:
• Upgrade of existing traffic signal cabinets to TS2 Type 1 cabinets and 2070E controllers
• In -fill of existing fiberglass controller foundation with concrete
• Implementation of emergency preemption hardware (GPS based)
• Fiber optic communications media and end equipment
• Implementation of blue tooth communications (to be identified as bid alternate item)
• Installation of Pan- tilt -zoom cameras system (to be identified as bid alternate item)
• Installation of signal indications: flashing yellow arrows for protected/permissive left
turns and modification of through signal head locations (to be identified as bid alternate
item)
• Installation of 12" LED indications for all signal aspects (to be identified as bid alternate
item)
• Installation of Countdown Timers for pedestrian signals (to be identified as bid alternate
item)
• Implementation of alternative vehicle detection methods (to be identified as bid alternate
item)
• Installation of new combination mast arm/luminaire poles where no luminaire arms are
present for video detection
• ADA ramps compliant with national standards.
• Safety improvements at high accident locations such as turn lane needs.
The Citywide Traffic Signal Improvements is federally funded and is intended to address safety
and congestion issues in the project area. The necessary design engineering will include final
prioritization of system improvements, final plans specifications and estimate (PS &E).
Additionally public outreach, environmental evaluation, permitting, required Federal
documentation, construction support, overall project management and Agency support will be
performed.
The following is a list of the intersections that will be included for improvements under this
Scope of Services:
1. COURT ST & 40i AV
2. COURT ST & 5t AV
3. COURT ST & 10" AV
4. COURT ST & 14th AV
5. COURT ST & 20°i AV
6. COURT ST & 22nt AV °t
7. COURT ST & 26" AV
8. COURT ST & ROAD 32 a
9. COURT ST & ROAD 34a
10. COURT ST & ROAD 36a
11. COURT ST & ROAD 40ab
12. SYLVESTER ST & 40i AVa
13. SYLVESTER ST & 5th AVa
14. SYLVESTER ST & 101h AVa
15. SYLVESTER ST & 14th AVa
16. SYLVESTER ST & 20th AVa
17. SYLVESTER ST & 28t AVat
18. CLARK ST & 4`h AV
19. CLARK ST & 10TH AV
20. LEWIS ST & WEHE AV
21. LEWIS ST & 3r0 AV
'ADA ramp improvements
Curb extension (Bulb out) improvements
Traffic separator
tLocation with traffic signal mast arm improvements
22. LEWIS ST & 0 AV
23. LEWIS ST & 5" AV
24. LEWIS ST & 7" AV
25. LEWIS ST & 10' AV
26. LEWIS ST & 20th AVat
27. LEWIS ST & 28TH AVa
28. "A" ST & 4`" AVa
29. "A" ST & 10`" AVa
30. AINSWORTH ST & 10,1, AVa
31. HENRY ST & 200i AVa
32. SUN WILLOWS BLVD & 200i AVa
33. ARGENT RD RD & 200i AV
34. PEARL ST & 20th AVa
35. ARGENT RD & ROAD 68a
36. BROADMOOR & CHAPEL HILL
BLVDa
37. BROADMOOR BLVD AND
SANDIFUR PKWY
38. ARGENT RD RD AND ROAD 80a
39. ARGENT RD RD AND ROAD 84
Not all intersections identified under the City of Pasco Traffic Signal Improvements Master Plan
are included for improvements under this project. Approximately 7 of the 46 traffic signals
within the City will be improved as part of other improvement projects occurring within the City.
PROJECT DESCRIPTIONBACKGROUND
The City of Pasco has secured partial funding for implementing the city wide traffic signal
improvements. Current master plan estimates indicate an approximate $5.5 million will be
needed to complete the plan upgrades. With current funding levels, it will be necessary to
prioritize improvements to effectively use the existing available funds to the maximum extent
possible. The City of Pasco is requesting the services of a qualified consultant team to perform
the necessary design engineering for the improvements of the citywide traffic signal
improvements.
An approach has been developed to effectively deliver the Citywide Traffic Signal
Improvements Project and provide support to the City. The proposed project will include:
• Project Management and Agency Support
• Final Prioritization of System Improvements
• Environmental Documentation
• Public Outreach
• Traffic Signal Modification Final PS &E
• Civil Final PS &E
• Traffic Signal Timing Conversions
• Bidding Support
Public outreach for the project is anticipated to be minimal and will consist of technical support
to the City.
This Scope of Services covers the traffic engineering and civil design elements necessary to
deliver the Citywide Traffic Signal Improvements Project.
SECTION 1: PROJECT MANAGEMENT AND ADMINISTRATION
Section 1.1 Project Management
The duration of the project development through final PS &E is assumed to be eight (8) months,
from May 2014 to December 2014. The Consultant will provide overall project management and
coordination for the project both externally and internally with the overall project team. This
will include day -to -day management decision making for the Consultant Team. As part of this
work, the Consultant will develop an overall project schedule; prepare monthly invoices and
progress reports; coordinate project related meetings; and administer the Consultant developed
QA/QC plan. This will allow for key project issues to be addresses in a timely manner.
Section 1.2 Schedule
The Consultant will prepare an overall project schedule in MS Project. The important features to
be included in the schedule will include identification of submittals, key decisions points, and
meetings. This schedule will be provided to the City and Consultant Team. The schedule will
be updated as needed to reflect changes in project progress. It is anticipated up to 2 schedule
changes will be required throughout the project.
Page 3 RFQ #11 -13
Section 1.3 Invoicing
The Consultant will prepare monthly invoicing and progress reports for work performed by the
Consultant Team. It is anticipated up to 8 invoicing periods will be required throughout the
course of the project. Progress reports will be provided for each invoicing period.
Section 1.4 Project Meetings
The Consultant will attend up to 4 meetings during the course of the Project. The meetings and
their duration are as follows:
• Kick -off meeting (One meeting at 16 hours in Pasco)
• Field Review Meeting (One meeting at 16 hours in Pasco)
• Review /coordination meetings (Six meetings at 2 hours each, four to be attended at DKS
and two at the City of Pasco)
• Pre -Bid Meeting (One meeting at 9 hours in Pasco)
A kick -off meeting will be held to start the project at the City of Pasco. This meeting will
include key Consultant Team members and will include an on -site visit of the intersections to be
improved under this project.
A Field review meeting will be held to coordinate civil and traffic elements. It is anticipated this
will be similar to the kick -off meeting where a majority of it will be held in the field to verify
design information.
Review /coordination meetings will be held to review comments from the City on project
submittals. It is anticipated that at a minimum, reviews will be conducted at the 75 %, 90 %, and
Final design levels. Review meetings will be held at either the City of Pasco or DKS as noted
above. It is anticipated field review meetings will be held at the same time as meetings held at
the City of Pasco to address project specific issues.
A Pre -Bid meeting will be held to present the project to potential bidders and to address
questions they or the City may have concerning the project and contract documents. DKS will
provide support to the City in addressing bidder questions.
The Consultant will maintain meeting minutes for each of the attended meetings and will provide
a draft summary to the City within 5 business days for comment. Final meeting minutes will be
provided that address comments from review of the draft comments provided to the City.
Meeting minutes will be provided starting after the initial kick -off meeting.
Section 1.5 QA/QC
The Consultant will manage and conduct quality control reviews of all submittals to the County.
The Consultant has an existing quality control program which will be used on this project during
the PS &E development. Sub - contractors will utilize their own establishing QC process or utilize
the consultant established practice. A primary review period is assumed as one week in advance
of the completion of each design phase submittal (assumed to be 75 %, 90 %, and Final).
Page 4 RFQ #11 -13
Deliverables:
• Project Schedule with up to two2 updates
• Attendance at up to five meetings
• Draft and final meeting minutes for up to four meetings
• Provide up to eight invoices and progress reports
• Quality Control Reviews for up to three submittals
SECTION 2: FINAL PRIORITIZATION OF SYSTEM IMPROVEMENTS
The City has identified a number of priority items to be completed as part of the Citywide Traffic
Signal Improvement Project. The highest priority items identified to be completed under the
current funding is to replace the existing traffic signal controller cabinets with new TS2 Type 1
cabinets and the existing controllers (predominantly Traconex 390) with new 2070E controllers
and software. The cabinet replacement will include in -fill of existing fiberglass foundations with
concrete.
The Consultant will work closely with City staff to strategize and prioritize site improvements at
the 39 traffic signals within the City. The prioritization of these improvements will take into
account the City's Master Plan Map, safety, maintenance, operations, and the ability to combine
work with other improvement projects. The different tasks associated with the prioritization
process are identified in Sections 2.1 to 2.2.
Section 2.1 Prioritization — Safety Evaluation and Analysis
The Consultant will review the past three years of crash data available for each of the City's
traffic signal controlled intersections to identify locations with high traffic volumes and crash
histories. The Consultant will provide the following services:
• Request the prior three years of crash data from WSDOT for the City of Pasco.
• Calculate collision rates at 39 intersections.
• Identify crash trends.
• Identify hot spots and prioritize top (up to five locations) for improvements.
Improvements may include turn lane additions, changes to signal phasing, lighting, and
site line improvements.
• Identify low costlhigh benefit improvements for high crash corridors.
• Document the findings of the safety evaluation in a brief memorandum.
• Revise the prioritization decision matrix developed under Section 2.1 to include the top
five hot spots.
The Consultant will provide the crash data memorandum and prioritization decision matrix for
the City to provide review, comments and approval. The memorandum will be developed in a
format that will allow the City to utilize it in future grant applications. The Consultant will
provide a prioritization matrix based on City comments.
Assumptions:
Page 5 RFQ #11 -13
• City to review and provide comments on the safety evaluation memorandum.
• City police department to be included in review and comment on safety evaluation and
analysis.
Deliverables:
• Draft safety evaluation memorandum and prioritization matrix
Section 2.2 Prioritization — Operational and Maintenance Needs Evaluation
The Consultant will work with the City Engineering and Operations Staff to identify traffic
signals that can benefit the most from operational improvements and that experience high
maintenance needs. Operational improvements will include items such as flashing yellow arrow
indications for left turn movements, changes in signal timing, or phasing. It is anticipated that
lane configuration and changes to signal phasing would be done via Synchro modeling of the
intersections where a safety issue has been identified. The Synchro model will look at existing
conditions and will not include future forecast modeling. Synchro modeling for up to five
intersections have been included under this Section. Corridors along 20th Ave and also Court
Street have been identified as first priorities followed by signalized locations within the Central
Business District.
The operational evaluation will be summarized in a brief memorandum summarizing the steps
and recommendations for each location analyzed. The Consultant will provide the City with a
draft memorandum for review and comment. The Consultant will update the draft memorandum
based on City comments.
As part of this Task, the Consultant will provide in house Synchro training at DKS. This training
will be a one day (8 -hour) training session held at the DKS offices. This training session will
provide the City with a basic understanding of setting up intersections, typical analysis concepts
on signal timing and coordination within the Synchro program.
Assumptions:
• City to provide input on operational and maintenance needs.
• City to provide PM peak hour vehicle turn movement counts for Synchro.
Deliverables:
• Draft operational and maintenance evaluation memorandum
SECTION 3: ENVIRONMENTAL DOCUMENTATION
Consultant will provide technical support to document existing environmental conditions at each
of the project intersections. Field investigations will be conducted at each intersection to collect
information to support completion of a WSDOT Local Agency Environmental Classification
Summary (ECS) Checklist for the project.
Page 6 RFQ #11 -13
3.1 Coordination, Accumulation and Review of Natural Resources Data
Consultant biologists will coordinate with the City of Pasco to obtain project data such as
preliminary plans, surveys, and limits of construction. Consultant will also obtain and review
existing wetland and waters - related information, including County soil surveys, National
Wetlands Inventory (NWI) mapping, Franklin County Critical Areas mapping, topographic maps,
and aerial photographs. Consultant biologists will review project plans to confirm the limits of
construction for each intersection.
In addition, Consultant biologists will contact local representatives of US Fish and Wildlife
Service (USFWS) and Washington Department of Fish and Wildlife (WDFW) to obtain current
information on listed plant and wildlife species within the project area. Consultant biologists will
request a database search from the USFWS.
3.2 Field Reconnaissance
Consultant biologists will conduct a field reconnaissance to each project location to document
existing site conditions relative to existing vegetative communities, rare plant habitats, wildlife
habitats, and other sensitive natural resources. It is anticipated that the field reconnaissance will
be conducted to confirm the urban character of the intersections and the absence of sensitive
natural resources. The field reconnaissance will focus on those portions of the project that will
occur outside of the limits of existing pavement. Representative photographs documenting the
existing conditions of each intersection will be obtained during the field reconnaissance.
Where project work may extend beyond the limits of existing pavement, Consultant biologists
will also assess the project site for the presence or absence of wetlands and waters. The presence
or absence of wetlands and waters will be determined using the "routine" method established by
the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (Manual) and
Arid West Supplement. If present, wetland boundaries located within the limits of disturbance at
each intersection will be flagged in the field and approximated on project mapping. Consultant
wetland biologists shall coordinate with project designers to determine if facilities can be shifted
to avoid wetland disturbance.
Assumptions:
• Site reconnaissance will occur separately from the project kick -off meeting in Section 1.
• Site reconnaissance will require overnight lodging and meals for two (2) consultant
biologists.
• This scope assumes no wetlands will be impacted by the Project, and that neither a formal
wetland delineation report nor applications for wetland fill permits will be required. This
task item assumes no meetings with the USACE, WDFW, WSDOT, or other
jurisdictional agencies.
• This scope assumes that no waters of the State or US will be impacted by the project. A
Hydraulic Project Approval from the WDFW will not be required for the project.
• No Shorelines permits or Critical Areas variances will be required for the project.
• Field reconnaissance will not evaluate portions of interchanges where lane additions are
proposed.
• If wetlands or waters are present, at least one sample plot will be collected to confirm
wetland conditions and the boundaries will be flagged and the approximate boundary
Page 7 RFQ #11 -13
drawn onto project plans; the boundaries of wetlands and waters will not be located by
GPS under this task.
Deliverables:
• Field flagging of any wetland boundaries to avoid during construction within Project
location.
• Sketch map showing approximate location of wetland and waters. If applicable, this
sketch map will also include the approximate locations of rare plant habitats or unique
vegetative communities (i.e., one set of maps will be provided to satisfy Task 3.2).
3.3 Preparation of WSDOT Environmental Classification Summary (ECS)
Consultant biologists shall complete the WSDOT Local Agency Environmental Classification
Summary (ECS) checklist using the template checklist and WSDOT ECS Guidebook documents
on the WSDOT website. Consultant biologists shall coordinate with City staff and WSDOT
environmental staff on content and detail of responses to the checklist. Reponses to questions
within the ECS shall be based upon the results of the field reconnaissance, review of existing
environmental and natural resource databases and websites, coordination with project design
engineers and communications with City staff and WSDOT environmental staff. Consultant will
submit the draft ECS to the City and WSDOT for review and comment. Upon receipt of
comments, Consultant will incorporate comments into the final ECS and submit to the City or
WSDOT Environmental Manager for approval and transmittal to Federal Highways
Administration.
Assumptions:
• No surveys for threatened or endangered species will be required to complete the ECS.
• All information related critical and sensitive areas (e.g., geologically hazardous areas,
aquifer recharge areas), hazardous wastes, underground storage tanks, and contaminated
sites shall be obtained from regulatory agency websites and databases. No site
investigations or field studies to confirm the presence or absence of such resources will
be conducted.
• This scope assumes no new resource studies other than those included herein this scope
will be conducted specifically as part of preparing the ECS.
• One ECS checklist will be prepared to address all project areas.
Deliverables:
• Draft ECS Documentation (electronic copy to City and WSDOT) within four (4) weeks of
completion of 30% design.
• Final ECS Documentation (electronic and hardcopy to City and WSDOT) within one(]) week of
receipt of comments on draft report.
SECTION 4: PUBLIC OUTREACH SUPPORT
Under this Task the Consultant will provide technical support and prepare up to two boards
(exhibits) or Power Point slides identifying proposed improvements and benefits to facilitate
public involvement meetings. Additionally, brochures will be developed that identify the project
and open house meetings. Additional brochures for flashing yellow arrow operations and
Page 8 RFQ #11 -13
pushbutton operations will be obtained for the meeting (it is anticipated up to 50 brochures each
will be sufficient). The two meetings are anticipated to include the following:
The first open house shall be held at the beginning of the design process. The purpose of
the first open house will be to introduce the Project to the public, listen to concerns and
gather information relative to issues which need to be addressed.
• The second open house to be attended is anticipated to be held towards the end of the
design completion. The purpose of the second open house will be to present and discuss
the proposed project and to receive public feedback.
Assumptions
• City to schedule, advertise, setup, and organize meetings.
• City will print brochures for advertising the open houses.
• Consultant to attend meeting and provide technical support only.
Deliverables:
• Attendance at up to two public involvement meetings.
• Up to two trajric related presentation boards (exhibits) or;
• Up to two Power Point slides related to traffic elements
• Meeting advertisement brochure (one reproducible copy)
• Flashing yellow arrow and pushbutton operations brochures (50 each)
SECTION 5: TRAFFIC SIGNAL MODIFCATION FINAL PLANS, SPECIFICATIONS,
AND ESTIMATE
Based on 30% plans developed as part of the Citywide Traffic Signal Improvements Master
Plan, the Consultant Team will develop Final Plans, Specifications, and Estimates (PS &E) for
the construction of the planned traffic signal modification improvements at 39 traffic signal
controlled intersections. Per discussions with the City, the final plans will be developed
assuming a phased approach to construct. The following items will be included in the final
design for up to 39 intersections identified in the Introduction of this Scope of Services:
• Upgrade of existing traffic signal cabinets to TS2 Type 1 cabinets and 2070E controllers
(Approximately 39 locations)
• In -fill of existing fiberglass controller foundation with concrete (Approximately 39
locations)
• Implementation of emergency preemption hardware (GPS based) (Approximately 39
locations)
• Implementation of fiber optic communications equipment including Ethernet switches
(Approximately 39 locations)
• Mast arm pole replacements and pedestrian pole installations (approximately 6 locations)
• Implementation of Bluetooth communications (to be identified as bid alternate item)
(Approximately--20 locations)
Page 9 RFQ #11 -13
• Installation of signal indications: flashing yellow arrows for protected/permissive left
turns and modification to through indications (to be identified as bid alternate item)
(Approximately 36 locations)
• Installation of battery backup system for traffic signals (to be identified as bid alternate
item) (Approximately 8 locations)
• Implementation of alternative vehicle detection methods (to be identified as bid alternate
item) (Approximately 39 locations)
• Installation of pedestrian count down timers (to be identified as bid alternate item)
(Approximately 25 locations)
• Striping modifications (Approximately 22 locations)
• Up to two spare fully loaded controller cabinets with controllers and 2 spare standalone
Cobalt Controllers will be specified.
Not all intersections identified under the City of Pasco Traffic Signal Improvements Master Plan
are included for improvements under this project. Approximately 7 of the 46 traffic signals
within the City will be improved as part of other improvement projects occurring within the City.
The following steps have been identified in the development of the final PS &E:
• Produce final plans based on the current 30% design using high resolution aerials
(Aerials and 30% design to be provided by City).
• Produce final plans at locations where mast arm poles and pedestrian pole installations
have been identified based on land surveys (Survey to be provided by City).
• Incorporate comments from the City and stakeholders (identified during the public
outreach process).
• Develop Special Provisions based on current City and WSDOT Standard Specifications.
• Engineers Cost Estimate for the proposed work based on current cost estimates and bid
tabs from similar projects.
• Submit PS &E at the 75 %, 90 %, and Final design levels.
The Consultant will work closely with City Staff during the design process. Research will be
conducted with manufacturers to identify typical hardware characteristics to support
development of specifications. The Consultant will help the City develop preapproved lists for
approval of sole source items such as controllers and control software. Up to 12 person hours
has been assumed.
It is not anticipated that new electrical services will be required. Coordination with the local
electrical utility should not be necessary as part of this contract. The Consultant will coordinate
with the local communications provider to identify communication drops that may likely be
established to facilitate transition from wireless to fiber optic communications.
Page 10 RFQ #11 -13
The final plans will be developed identifying only those portions of the traffic signal system that
will be modified as part of the traffic signal improvements. Hardware locations and
configurations for controller cabinets, controller cabinet foundations, traffic signal mast arms,
pedestrian pole installations, alternate detection devices (video and Sensys wireless devices),
signal and pedestrian head replacements, emergency preemption hardware, blue tooth readers,
pan- tilt -zoom cameras, and fiber optic communications will be identified on the plans.
Underground conduits, junction boxes and existing cabling being affected or modified by the
traffic signal improvements will be identified. Details will be developed to the extent possible to
minimize the number of unknowns the Contractor will need to address during the construction
phase of the project.
Fiber optic logical and splice diagrams will be developed. These plans will identify the splicing,
splice locations, routing of cables to PUD connection points. These diagrams will be schematic
in nature and will be developed to show typical installation requirements. Intersections where
each typical detail applies will be identified.
Typical detection device layouts will be developed. It is understood that the City will use Sensys
wireless detection at minor intersections and video detection at major intersections. Details will
be developed that show typical detection layouts for side streets, turn pockets, and mainline
approaches. Main line detector layouts will be based on the speed limit of the roadway and will
consist of layouts for 25, 30, 35, 40, and 45 mph. Intersections where each typical detail applies
will be identified.
Striping modification plans will be developed for up to 22 intersections. Striping modifications
will be developed for locations that need modifications to accommodate ADA ramp relocations
and turn lane modifications to support changes to signal head installations.
The final plans will consist of traffic signal modification plans, fiber optic splice diagrams and
supporting details. The following plans are identified to be completed under this project:
• Traffic Signal Modification Plans —1 " =30' Full Size (Up to 39 modification plans)
• Traffic Signal Logic & Splice Diagrams — NTS (Up to 4 sheets)
• Striping Plans —1 " =30' — Full Size (Up to 6 sheets with single intersections and 4 sheets
with 4 intersections per sheet)
• Traffic Signal Detector Layout Details — NTS (Up to 3 detail sheets)
• Traffic Signal Detail Sheets — NTS (Up to 5 detail sheets)
Communication drops to connect the traffic signal system communications into fiber backbone
as noted on the Master Plan will be shown on the Traffic Signal Modification Plans.
The Project Special Provisions will be prepared as required for the design of the traffic signal
modification related elements. Project specifications shall comply with the City of Pasco
Standard Specification format and a first draft shall be submitted with the 75% plans. The
Consultant will be responsible for updating the Amendments and General Special Provisions to
current Washington State Department of Transportation Standard Specifications for Road,
Bridge, and Municipal Construction.
Page 11 RFQ #11 -13
The Construction Cost Estimates will be completed for the 75 %, 90% and Final design stages.
Itemized quantities will be calculated starting at the 75% stage. A cost analysis using unit prices
from the City and WSDOT the American Public Works Association (APWA) bid tabulations
will be utilized in developing the Construction cost estimates for the Project.
The Consultant will work with the City and WSDOT in completing the required Federal
documentation per the WSDOT LAG Manual for the Project.
The Consultant will identify temporary traffic control requirements in the Special Provisions.
No temporary traffic control plans will be prepared by the Consultant. The Contractor will be
required to submit their temporary traffic control measures for the project for review prior to
construction. Person hours to review the Contractor temporary traffic control concepts have
been provided under Section 7 of this Scope of Services.
Local permitting and Right -of -Way negotiations (should they be required) has been identified to
be completed by the City.
Civil improvements will be required as part of the traffic signal improvements include upgrade
of existing ADA ramps as indicted in the introduction of this Scope of Services. The civil
improvements will be designed under Section 6 and will follow the same submittal schedule and
review process identified under this Section.
Estimated Plan Sheets for Traffic Signal Modifications
The following Table 1 lists the anticipated plan and detail sheets to be included under Task 5.
See Section 10 for specific submittal requirements. A complete list of plans and submittal
requirements for all disciplines are listed under Section 10.
Table 1: Plan Sheet Index
Plan Sheet Description
Number
of Sheets
Submittal
75%
90%
Final
Title Sheet with Index
I
✓
✓
Traffic Signal Modification Plans
(Aerial)
39
✓
✓
✓
Traffic Signal Modification Plans
(Survey for mast arm pole replacements)
5
✓
✓
✓
Traffic Signal Communications Logic
and Splice Diagrams
4
✓
✓
✓
Traffic Signal Detector Layout Details
3
✓
✓
✓
Traffic Signal Detail Sheets
5
✓
✓
✓
Assumptions:
• Aerial mapping to be provided by the City.
• Thirty percent design plans (electronic AutoCAD files) to be provided by the City. Final
Design will start with 30% design plans.
• Permitting to be completed by the City.
• Any Right -of -Way negotiations to be completed by the City.
Page 12 RFQ #11 -13
• No survey will be conducted by the Consultant. If survey is necessary, the City will
provide these services. Locations where pole replacements and major civil and curb
work to be done will require survey.
• City to provide Division 1 for the Special Provisions document assembly.
• Utility relocates are not anticipated with the exception of stone water to relocate drains
from in front of ADA ramps.
• City Information Technology (IT) Manager will be included in design coordination of
fiber optic cables and communications hardware.
Deliverables:
• 7501o, 90016, and Final traffic signal modification plans
• 75 01o, 9001o, and Final traffic signal communications logical and splice diagrams
• 75916, 90116, and Final detail sheets
• 75% 90 %, and Final Special Provisions
• 75016, 90 %, and Final Construction Cost Estimates
SECTION 6: CIVIL IMPROVEMENT FINAL PLANS, SPECIFICATIONS, AND
ESTIMATE
The Consultant will develop Plans, Specifications, and Construction Cost Estimates for civil
improvements identified under this section. These improvements are anticipated to include
sidewalks, ADA ramps, junction box and vault relocations, storm drains, and potential ROW
plans. Variances will be considered where utilities or structures obstruct the installation of ADA
facilities, which meet compliance guidelines.
This Scope of services will include all the requirements of 1510.05(2) of the WSDOT Design
Manual. Alterations shall incorporate accessibility improvements to existing pedestrian facilities
to the extent that those improvements are in the scope of the project and are technically feasible,
without regard to cost. Other existing physical site constraints may prohibit modifications
necessary for the site to meet full accessibility requirements for new construction. The priorities
will be to avoid drains in the path of ADA ramps, provision for a flat platform behind the ramp
for wheelchairs, and avoidance of junction boxes in the curb ramps or flares.
Existing Physical Constraints. Where existing physical constraints make it impracticable for
altered elements, spaces, or facilities to fully comply with the requirements for new construction,
compliance is required to the extent practicable within the scope of the project. Existing physical
constraints include, but are not limited to, underlying terrain, right -of -way availability,
underground structures, adjacent developed facilities, drainage, or the presence of a notable
natural or historic feature.
Work under this section will include developing civil details for project specific improvements
noted in the Introduction of this Scope of Services on the appendix of intersections that may or
may not be covered by the existing Standard Plans. Civil plan details will be coordinated with
plan detail changes included in the traffic signal modification plans. The following methodology
will be utilized to develop ADA civil plans:
Page 13 RFQ #11 -13
• Identify potential constraints, e.g., utilities, signal hardware, electrical, drainage,
structures, R/W, etc. using as -built plans, mapping and photos.
• Perform a site visit with staff from the City and Engineers.
• Identify right of way limitations, utility conflicts, and drainage issues at each location.
• Determine needed measurements of curb heights, sidewalk width, sidewalk running/cross
slope, flow line slope, pavement cross slope, which will help to ascertain needed
information for a curb ramp to be designed to meet full standards.
• Prepare survey request to the City for elevations with flow lines for locations noted on
the appendix of intersections.
• Determine the appropriate type of curb ramp for each location. Determine approximate
dimensions of each proposed curb ramp, considering existing curb height, existing slopes
of roadbed gutter, roadbed pavement, and sidewalks.
• Recommend to the City the proposed location of each curb ramp or variance.
• Identify all existing features within limits of each proposed curb ramp, e.g., signal poles,
drainage inlets, utilities, R/W fence, bridge, buildings, evidence of truck wheel tracking
(if required), pavement markings, utilizing 30% aerial drawings provided.
• Include other features that improve accessibility within the project.
• Determine what portion of the adjacent sidewalk will need to be reconstructed to provide
a standard top landing (e.g., Curb Ramp) as well as a transition section to conform back
to the existing sidewalk. Determine transition sections.
• Work with the consultant team to determine the proper scope and cost of traffic related
items such as striping and signal activation details.
• Provide a cost estimate sufficient to provide funding to meet the ADA standards at each
location.
• Meet with the consultant team to determine feasibility of relocating existing features in
conflict with each proposed curb ramp, e.g., Hydraulics, Electrical Design, Utilities, R/W
(easements),
• Meet with the consultant team to assess the additional features to be added to the project
to improve pedestrian access, e.g., additional drainage, signs, profile adjustments,
pavement markings,
• Prepare a summary memorandum of the civil changes proposed by matrix of location and
improvement.
• Perform the plans, specifications and estimate.
• Show all existing features to be protected in place.
• Show the flow line to designate curb ramp location.
• Check to see if ample space is available and that there are no obstructions, e.g., utilities,
drainage inlets, etc. If that is not the case, construction details will be required.
• Identify and recommend minor pavement work as needed to achieve standards.
• Assess the final location of the marked crossings.
• Identify and recommend designing a curb extension (bulb out), where right -of -way is
limited to accommodate a standard curb ramp.
Project Special Provisions for civil improvements will be prepared as required by the design for
the civil modification related elements. Project specifications shall comply with the City of
Pasco Standard Specification format and a first draft shall be turned in with the 75% plans. The
Page 14 RFQ #11 -13
Consultant will be responsible for updating the Amendments and General Special Provisions to
current Washington State Department of Transportation Standard Specifications for Road,
Bridge, and Municipal Construction.
The Construction Cost Estimates for civil improvements will be prepared for the 75 %, 90% and
final design stages. Itemized quantities will be calculated starting at the 75% stage. A cost
analysis using unit prices from the City and WSDOT the American Public Works Association
(APWA) bid tabulations will be utilized in developing the Construction cost estimates for the
Project.
Assumed Plan Sheets
The following Table 2 lists the anticipated plan and detail sheets to be included under this Scope
of Services for Task 6. All review plan sets will be developed electronically in 11 "x 17" format
and will be distributed by the City. The number of civil plan sheet details will be determined by
the unique construction required to implement each ADA facility. Budget constraints will be the
controlling determination factor on the implementation of necessary plan sheets to develop the
civil ADA facilities. Every effort will be made to minimize the number of sheets necessary to
perform the design. See Section 10 for specific submittal requirements. A complete list of plans
and submittal requirements for all disciplines are listed under Section 10.
Table 2: Plan Sheet Index
Plan Sheet Description
Number
of Sheets
Submittal
75%
1 90%
Final
Civil Plan Sheets
44
✓
✓
✓
Civil Details
4
✓
✓
✓
Assumptions:
• Survey will be required as needed for the civil improvements.
Deliverables:
• 75016, 90 %, and Final civil plans and detail sheets
• 75% 90916, and Final Special Provisions
• 75% 90% and Final Construction Cost Estimates
SECTION 7: TRAFFIC SIGNAL TIMING CONVERSION
The Consultant Team shall convert the existing local Traconex TMP -390 signal timings to
Cobalt signal timings. The timings shall be entered into intersection databases, using Centracs.
All TMP -390 timing sheets shall be translated. Consultant shall conduct the following tasks:
• Conduct one meeting to discuss City policies /preferences for signal timing parameters.
• Update local timings, including new pedestrian and vehicle clearance timings.
• Program the new emergency vehicle preemption parameters.
• Bench test the new timings on a suitcase tester to confirm operation.
• Provide electronic files for implementation of the signal timings.
Page 15 RFQ #11 -13
Assumptions:
• City to provide existing traffic signal timing plans and phase diagrams.
• City will load the timings onto new controllers.
Deliverables:
• Electronic file for each project intersection
• Hard copy of timing sheets for each project intersection.
SECTION 8: GEOTECIIINICAL DESIGN SERVICES
The City of Pasco proposes to upgrade traffic signals at multiple locations. The following
locations are anticipated to receive mast arm pole replacements:
• Northwest corner of the W Court StreeVN 22nd Avenue intersection;
• Southeast corner of the W Court Street/N 22nd Avenue intersection;
• Southeast corner of the W Sylvester Street/N 28h Avenue intersection; and
• Northeast corner of the W Lewis Street/N 20d' Avenue intersection.
The design of the mast arm poles will be performed in accordance with the Washington State
Department of Transportation (WSDOT) Geotechnical Design Manual (GDM) M 46 -03 and
Signal Standard Foundation Plan, Sheet J- 26.10.01.
Exploration Plan and Traffic Control
Shannon & Wilson will coordinate with a local traffic control provider to determine the required
traffic control to be implemented during our explorations. We will provide an exploration and
traffic control plan approximately two weeks prior to fieldwork for City review and approval.
We will not mobilize for fieldwork without an approved traffic control plan.
Explorations
One boring will be drilled at each identified signal pole location using a truck - mounted drill rig
with hollow -stem auger methods. Each boring will be extended approximately 20 feet below the
existing ground surface (bgs).
The engineer or geologist will log each boring and obtain disturbed samples as the work
progresses. Samples will be obtained in conjunction with the Standard Penetration Test (SPT) at
2%z -foot intervals. Recovered soil samples will be placed in labeled plastic bags or jars for
laboratory identification.
At completion, borings will backfill according to Washington Department of Ecology
requirements. If drilling is done through asphalt and/or concrete, explorations will be capped
with the appropriate asphalt cold patch or quikrete. The ground will not be restored to pre -
exploration conditions.
Page 16 RFQ #11 -13
The Consultant will contact the local utility notification center prior to our fieldwork. The
Consultant is not responsible for utilities not clearly identified.
Laboratory Testing
The Consultant will perform the following laboratory tests, as appropriate, on selected soil
samples retrieved from site explorations:
• Moisture content (ASTM D 2216) for material characterization and soil index properties;
• Particle distribution (ASTM D 422 and ASTM D 1140) for material characterization and
soil index properties; and
• Atterberg limits (ASTM D 4318) for material characterization, soil index properties, and
engineering parameter correlations.
Engineering Analysis and Report
The Consultant will prepare a geotechnical engineering letter report that summarizes
observations, explorations, engineering analyses, and signal pole foundation recommendations.
The report will include:
• exploration logs and a site exploration plan;
• interpreted soil classifications;
• groundwater depth, if present;
• soil parameters, including unit weight, friction angle, cohesion, lateral bearing
pressures, and L -pile parameters; and
• signal pole foundation recommendations in accordance with WSDOT typical
standards.
Three hard copies and one electronic copy of our geotechnical engineering report.
Plans and Specifications Review
Prior to construction, the Consultant will provide a review of the approximately 90 percent plans
and specifications for geotechnical - related items and provide written comment for consideration.
The geotechnical review of the plans and specifications will be summarized in a letter.
SECTION 9: DESIGN ENGINEERING SERVICES DURING BIDDING
The Consultant will provide engineering services during bidding process for the Citywide Traffic
Signal Improvements Project. The anticipated construction engineering services are described as
follows:
Pre Bid Opening
Page 17 RFQ #11 -13
The Consultant will respond to questions from prospective bidders and City Staff before bid
opening in reference to the traffic related items contained in the bid package. All
correspondence will be routed through the City via email or other written correspondence.
Budget has been allocated for up to one Addendum to the Plans (approximately 12 hours).
Deliverables:
• Answer to pre bid questions via email or other written correspondence
SECTION 10: PS &E SUBMITTALS
The following Table 1 includes a complete list of the anticipated plan and detail sheets to be
included under this Scope of Services for the Task 5 and 6 PS &E package development. All
review plan sets will be developed electronically in 11 "x17' format and will be distributed by
the City. The final plans will be developed full size (22" x 34 ") on Bond. The final plans will be
provided to the City of Pasco for their preparation and development of the final procurement
package. The final PS &E will consist of one set of plans on Bond, Special Provisions, and
construction cost estimate.
Table 1: Plan Sheet Index
Plan Sheet Description
Number
of Sheets
Submittal
75%
90%
Final
Title Sheet with Index
1
✓
✓
Traffic Signal Modification Plans
Aerial
39
✓
✓
✓
Traffic Signal Modification Plans
(Survey for mast arm pole replacements)
4
✓
✓
✓
Traffic Signal Communications Logic
and Splice Diagrams
4
✓
✓
✓
Traffic Signal Detector Layout Details
3
✓
✓
✓
Traffic Signal Detail Sheets
5
✓
✓
✓
Civil Plan Sheets
44
✓
✓
✓
Civil Details
4
✓
✓
✓
Deliverables:
• No deliverables under this Section.
SECTION 11: APPROXIMATE PROJECT TIMELINE /MILESTONES
The following is an estimated time line for completion of the project. The level of effort
identified in this Scope of Work based has been based on this time line:
• Notice to Proceed For Preliminary Design: May 15, 2014
• Submit 75% Design: August 15, 2014
• Submit 90% Design: October 15, 2014
• Submit Final Design: December 1, 2014
Deliverables:
• No deliverables under this Section.
Page 18 RFQ #11 -13
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AGENDA REPORT NO. 17
FOR: City CouncL.Jw,�-anager May 6, 2014
TO: Gary ( rutc
FROM: Ahmad Qayou l, Public Works Director Workshop Mtg.: 05/12/2014
Regular Mtg.: 05/19/2014
SUBJECT: Water Distribution System Flushing Modeling
I. REFERENCE(S):
I. Water Distribution System Flushing Modeling - Professional Services Agreement
Summary Sheet
2. Water Distribution System Flushing Modeling — Scope of Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
05/12: Discussion
05/19: MOTION: I move to approve the Professional Services Agreement with
CH2MHill authorizing design and engineering services with
respect to the Water Distribution System Flushing Modeling
project not to exceed $45,000 and further, authorize the City
Manager to sign the agreement.
III. FISCAL IMPACT:
A) $45,000 Water funds
IV. HISTORY AND FACTS BRIEF:
A) The City was recognized with a gold certificate of achievement from the Department
of Ecology in June of 2011 for having one of the best quality water in the state of WA.
B) In order to maintain high quality water, the distribution lines need to be "flushed on a
regular basis.
C) In 2013 the City Council authorized and approved the addition of three staff members
in 2014, to start the fire hydrant maintenance and flushing programs.
D) The water distribution system operates under pressure to convey the water. In order to
flush the water it needs be isolated within zones. A flushing system must be developed
with a map dividing the water system in many zones. In 2013 concerted efforts were
made to develop the flushing model with in -house engineering staff. However, it was
concluded that it will require more expertise and a need to outsource it to a qualified
consultant.
E) The goal is to develop a model with a map the dividing the water distribution into
many zones that will be used continuously.
V. DISCUSSION:
A) In February 2014, the City solicited consultants for the work. Three responses were
received. Staff interviewed CH2MHill, HDR and RH2. The consultants were scored
on their understanding of the project and project approach. Panel members
recommend CH2MHill as their top choice.
B) Staff negotiated the scope and fees with CH2MHill. After extensive negotiations staff
recommends award of the professional services agreement for the Water Distribution
System Flushing Modeling project to CH2MHill.
10(b)
Professional Services Agreement
(Summary Sheet)
Project: Water Distribution System Flushing Modeling
CH2MHill
295 Bradley Blvd., #300
Richland, WA 99352 -4486
Scope of Services: Exhibit A
6 month Completion Date: 12/31/2014
Payments to Consultant:
❑ Hourly Rate: $
® Fixed Sum of: $ 45,000
❑ Other:
Insurance to be Provided:
1. Commercial General Liability:
❑ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
® $ 1,000,000 each occurrence; and $ 2,000,000 general aggregate
2. Professional Liability:
® $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
Other Information:
Scope of Services
UDF Program Support
The City of Pasco is proceeding with an operations and maintenance project to develop a system -wide
flushing program. Under this project, CH2M HILL will provide mapping and procedures for conducting
flushing with the City s schedule.
UDF is a method of flushing that consists of flushing the system's water mains in segments at high velocities
in such a way that the entire distribution system is flushed in one direction from a clean source. Under a
UDF program, only one hydrant is opened and specifically selected valves are closed to isolate and flush a
specific segment of pipe or group of pipes at a target velocity of five feet per second. Flushing at a high
velocity scours the inner pipe walls and removes corrosion - related debris and sediment.
CH2M HILL will work with City staff to develop a comprehensive UDF program which is intended to improve
the water quality within the distribution system and decrease the likelihood of customer complaints. The
successful implementation of this program is highly dependent on functionality of valves in the distribution
system, and UDF planning will be done in coordination with identifying the available valves and hydrants
required to complete the program.
General Description of Work
CH2M HILL will work with City staff to develop and implement a UDF Program with the intent of the City
being able to incorporate execution of the Program into normal operations. There are many attributes of an
effective UDF Program that rely on as -yet undetermined system- specific characteristics. The work under this
project will proceed to identify and perform one or more flushing events, then adapt the UDF for lessons
learned during the first events. Following UDF Program revision, ongoing UDF activities will proceed.
Completion of this Scope of Work will require additional funding in 2015, which will require amendment of
this agreement by the City. In order to plan effectively for appropriate use of current year funding, we will
balance the work efforts for the described tasks such that, at a minimum, the early flushing events occur and
a revised UDF is prepared under the initially authorized fee.
It is anticipated that the work under the Task Groups described below will be completed during the current
year and the currently unfunded future work:
• Task Group 1.0 (Project management and Coordination) —full duration of project
• Task Group 2.0 (Review System Data and Summarize Objectives) —to be completed in 2014
• Task Group 3.0 (Hydraulic Model Update) —to be completed in 2014
• Task Group 4.0 (Prioritization of Critical Areas) — to be completed in 2014
• Task Group 5.0 (Develop Flushing Program) —full duration of project
• Task Group 6.0 (UDF Program SOP and Field Support) —full duration of project
• Task Group 7.0 (Public Involvement and Outreach) —full duration of project
The discussion below describes work activities in greater detail and defines timing of key deliverables.
Task Group 1.0— Project Management and Coordination
Task Highlights
• Work planning that defines goals and objectives, communication protocols, quality management,
change management, and risk management
• Project budget and schedule controls
• Regular coordination with the City and project team
Task 1.1 —Work Planning
• Prepare project work plan
• Conduct team chartering with City staff to develop detailed work schedule
Task 1.2— Coordination
• Conduct regular project coordination (we anticipate a mix of in- person and remote video
conferences to efficiently meet during the project duration)
Task Group 1.0 Key Deliverables and Timing
• Meeting materials for chartering
• Detailed project schedule and work plan
• Monthly project status reports throughout duration of project
Task Group 2.0— Review System Data and Summarize Objectives of UDF
Program
Task Highlights
• Develop goals for UDF Program
• Review of hydraulic model and basemap information to identify data gaps
Task 2.1— Review System Data
Submit data request for distribution system information, basemap information, standard operating
procedures, and water quality records
Review of hydraulic model and basemap information
Review of system operating procedures
Task 2.2— Summarize Objectives
• CH2M HLL will lead a meeting at the City's office to discuss program objectives, review existing data,
and establish an implementation schedule for the program.
Task Group 2.0 Key Deliverables and Timing
Meeting minutes summarizing goals of UDF Program and Implementation Plan
Meeting and distribution of minutes shall occur within 30 days of Notice to Proceed
Task 3.0- Hydraulic Model Update for Flushing
Task Highlights
Update hydraulic model and develop scenarios for system flushing
Assess areas of low water use for water quality concerns
Task 3.1— Update Hydraulic Model
• Review the City's existing hydraulic model and summarize the demand conditions in the hydraulic
model
• Update the distribution system network with system improvements or modifications completed
since the 2010 Water System Plan
• Adjust system demand to reflect current conditions
• Develop diurnal demand pattern to apply in the hydraulic model to assess water age
Task 3.2— Perform Hydraulic Analysis
• Perform system analysis to identify areas of high water age with high potential for flushing
Task Group 3.0 Deliverables and Timing
• Summary of hydraulic model updates and current demand conditions
• Map of high water age and low water usage areas to supplement prioritization of critical flushing
areas
• The prioritization of critical areas based upon available City data will be completed during the initial
phase (i.e. 2014) subject to development of project schedule during the team chartering under Task
Group 1.0
Task Group 4.0— Evaluate Customer Complaint Patterns and Prioritization of
Critical Areas
Task Highlights
• To the extent available, historical and recent water quality feedback is used to identify and prioritize
flushing areas
Task 4.1— Evaluate Historical Data
• Review customer complaint data maintained by the City and geocode the location of the complaints
• Review historical and recent problem areas as identified by the City
• Areas not captured by the customer complaints
• Field observations
• Compare to treated water quality data
• Evaluate past flushing against timing of customer complaints or problems identified by City staff
• Assess methodologies used to log customer complaints
Task 4.2— Prioritize Critical Areas
• The water quality model updated in Task 3.1 will be used along with the customer complaint profile
to prioritize areas in the distribution system with the highest need for flushing.
Task Group 4.0 Key Deliverables and Timing
• Summary of data review
• Map of prioritized areas for flushing
Task 5.0— Develop Flushing Program
Task Highlights
• Identify flushing areas and valves /hydrants for flushing sequences
• Integrate city data (maps, valve cards, and other data) as available
Task 5.1 Develop Flushing Program
• Identify flushing sequence areas and develop UDF procedures for a pilot area of the City's system
using the WaterGEMs software platform
• Analyze each piping sequence to select the valves and hydrant to be operated in order to optimize
the flushing velocity
• Provide the City with a hydrant and valve list for testing of operability and seating
Task 5.2 Develop Flushing Maps
• Prepare flushing maps for each pipeline segment to be flushed via UDF
Task Group 5.0 Deliverables and Timing
Summary of data gaps and request for additional City information on valves /hydrants
System -wide map showing flushing areas
Flushing maps for each flushing sequence
• Preliminary maps for initial UDF Program testing will be completed in the initial phase as more well
defined under the detailed schedule
• Final maps for UDF Program shall be prepared under a subsequent authorization /amendment
Task 6.0— Unidirectional Flushing Program SOP and Field Support
Task Highlights
Develop SOP for City's use in continuing flushing events
Provide field support for first flushing exercise
Task 6.1— Develop UDF Program SOP
• Prepare summary of procedures for conducting UDF
• Identify additional water distribution operations and maintenance activities that may support
improved water quality
• Incorporate flushing maps into SOP document
Task 6.2 —Field Support for Flushing
• Attend one flushing exercise for identified flushing area and provide support and guidance on
making observations during the flushing
Task Group 6.0 Deliverables and Timing
• UDF Program SOP
• Summary of observations from flushing event
• Preliminary SOP and observations for initial events shall be provided during this phase in accordance
with the detailed project schedule
Task 7.0 (Optional)- Assist with Public Involvement/ Outreach
Task Highlights
Provide updated information to the public under City's coordination regarding assessment and
flushing schedules
Task 7.0- Assist with Public Involvement /Outreach
• Should the City desire to conduct a public outreach campaign, CH2M HILL can work with the City to
prepare the following materials:
• Program overview graphics and content for City's inclusion in brochures and /or initial
notifications via U.S. mail
• Color -coded assessment and flushing schedule maps for regular update by the City on the
City's web site
• Notification street signs set up in neighborhoods prior to flushing