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HomeMy WebLinkAbout1101 ResolutionRESOLUTION NO. //o/ A RESOLUTION APPROVING THE AMENDMENT TO CONSTRUCTION IMPACT STUDY CONTRACT WHEREAS, 14 local taxing districts approved participation in a contract with Management Consulting Services for preparation of a construction impact study of nuclear generating plants (WNP 1, 2 and 4) by Washington Public Power Supply System (WPPSS); and WHEREAS, a report was prepared which showed construction impact on 12 local taxing districts and a claim was filed with the Washington Public Power Supply System; and WHEREAS, Benton County's claim was subsequently withdrawn based on a study showing that all impacts indicated by the study are being met by tax revenues, leaving 11 taxing districts participating in the construction impact group; and WHEREAS, the contract with Management Consulting Services also provided for technical assistance in negotiations with the Supply System if requested by the construction impact group; and WHEREAS, initial negotiations have shown a need for continuing technical assistance as steps are taken to reach settlement of the claim; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the Mayor of the City of Pasco, Jan Tidrick, be and he is hereby authorized to execute on behalf of the City of Pasco an amended contract with Management Consulting Services to provide technical assistance to the construction impact group in accord with the attached schedule of shares, Appendix C-2 (Revised 7/13/77). PASSED by the City Council of the City of Pasco, Washington, this 1st day of August 1977. i ATTEST • a Tidrick, Mayor Peggey,ersl Clerk's Rep. APPROVED /As T RM: Michael E. Coope , City Attorney July 19, 1977 TO: CONSTRUCTION IMPACT GROUP FROM: SUBJECT: L. COONS vv�_� AMENDMENT TO MANAGEMENT CONSULTING SERVICES CONTRACT The Construction Impact Group acted unanimously July 13 to recommend a continuation and funding of efforts to obtain construction impact payments from the Supply System. Current Status of Claim. Petitions were filed with the Energy Facility Site Evaluation Council. Briefs were presented to EFSEC July 14 and responses are due from each party Judy 24. Frank Owens, Construction Impact Group Attorney in Olympia, advised the Group that these are important steps.but that it could be as long as a year before the issue is concluded. The Construc- tion Impact Group considered the budget and election schedules of local jurisdictions in deciding its recommendation to continue funding for 12 months. The Group concluded that it was desirable to approve a 12 -month period with a possibility that the claim would be settled and unused funds reimbursed to the participants, rather than return for approval by each governing body at shorter intervals. It was also agreed that the funds could be paid in increments rather than all at one time. Please have the attached resolution approved by your jurisdictions and return with two signed copies of the enclosed signature sheet as soon as.possible. A copy of the final contract will be sent for.your files as soon as it is assembled. LRC: mc ,,Attachments: Amendatory Agreement Signature Sheet Resolution P.S. The Richland Council's resolution accepting my resig- nation provides that I will continue secretarial duties for the Construction Impact Group until November 1. We'll talk more about that at the next meeting. ,e i • F AMENDATORY AGREEMENT ...> between Construction Impact Group q :F and t Management Consulting Services/The Planning Group - NBBJ' 5 { WHEREAS, on May 18, 1976, an agreement was entered into by and between the Construction Impact Group, including the cities of -'Xennewick, Pasco, Richland and.others (hereinafter referred to `as "Construction Impact Group"): all as indicated in Appendix C of that original agreement, a copy of which is attached hereto and incorporated herein, and the firm of Management Consulting Services/ The Planning Group of NBBJ, a corporation organized and existing :'under the laws of the State of Washington (hereinafter referred to as the "Contractor'); and WHEREAS, on February 1, 1977, an amendatory agreement was entered.into by the parties; and WHEREAS, the parties are desirous of amending paragraph 4 of that original agreement dated May 18, 1976, as amended February 1, 1977, by amending the possible total expense figure to include additional work previously performed or to be performed by the ..,",-contractor; NOW, THEREFORE, that certain agreement between the parties dated May 18, 1976, as amended February 1, 1.977, should be, ',and hereby is, amended as follows: 1. Paragraph 4, entitled "Compensation" is hereby amended Jto read as follows: 4. Compensation. The Impact Group shall compensate the Y Contractor in accordance with the terms and conditions of this Agreement as follows: a. FOR THE CONTRACTOR'S BASIC AND ADDITIONAL SERVICE, as described in 1. above, compensation to be computed as follows: Employees' time computed at a multiple of 2.4 the employees' Direct Personnel Expense as defined in 6. k° below. The following personnel types and related billing rates shall be employed in this Study: TYPE HOURLY RATE Director $50 Senior Consultant/Planner $27 - 36 Consultant/Planner $20 - 25 $15 - 20 Draftsman/Graphics Services of Professional Consultants,, if any, at a multiple of one and one-tenth (1.1) times the amount billed to the Contractor for such services. b. FOR THE CONTRACTOR REIMBURSABLE EXPENSES, amounts expended as defined in 7. C. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as directe&1in1,8. The estimate of total cost of this study is $49,800, exclusive of negotiations or•testimony assistance as noted in 3.. The total cost for the Study will not exceed $49,800 without prior written authorization by the Con- struction.Impact Group. Provision is made among the Construction Impact Group participants for a total possible expense to.include: Cost of Study/Application $ 49,800 Reserve for negotiations, presentations, testimony, extra work and publication of report 80,200 TOTAL $130,000 as described in Appendix C-2 (Revised 7/13/77). Study costs shall be shared by each of the governmental units participating in the Construction Impact Group, based upon the schedule of shares as described in Appendix C-2, (Revised 7/13/77) also attached hereto and incorporated herein. If the Study is suspended for more than two months or abandoned in whole or in part, the Contractor shall be paid his compensation for services performed prior to receipt of written notice from the Construction Impact Group of such suspension or abandonment., If the Study is resumed after being suspended for more than two months, the Contractor's compensation shall be subject to renegotiation. The City of Richlannd will act as fiscal agent for purposes of Contractor billing. Money for payment of bills will be transmitted to the fiscal agent by jurisdictions participating in the Con- struction Impact Group according'to the agreement in Appendix C and C-2. 2. All other terms and conditions of the original agreement between the parties, dated May 18, 1976, as amended February 1, 1977, shall remain the same except insofar as the terms and conditions of that agreement may conflict with this amendment, in which event the terms and conditions of this amendment shall govern. -2- IN WITNESS WHEREOF, the Impact Group and Contractor have executed this amendment agreement this day of ,1977. CITY OF RICHLAND City Manager APPROVED AS TO FORM: City Attorney MANAGEMENT CONSULTING SERVICES/THE PLANNING GROUP - NBBJ BY: DAVID P. HAWORTH, Director Management Consulting Services -3- RESOLUTION NO. A RESOLUTION Approving Amendment to Construction Impact Study Contract WHEREAS, fourteen local taxing districts approved. participation in a contract with Management Consulting Services for preparation of a Construction Impact Study of Nuclear Generating Plants (WNP 1, 2 and 4) by Washington Public Power Supply System.(WPPSS); and WHEREAS, a report was prepared which showed con- struction impact on twelve local taxing districts and a, claim was filed with the Washington Public Power Supply System; and WHEREAS, Benton County's claim was subsequently withdrawn. based on a study showing that all impacts indi- cated by the study are being met by tax revenues, leaving eleven taxing districts participating in the Construction Impact Group; and WHEREAS, the contract with Management Consulting Services also provided for technical assistance in nego- tiations with the Supply System if requested by the Con- struction Impact Group; and WHEREAS, initial negotiations have shown a need for continuing technical assistance as steps are taken to reach settlement of the claim; and NOW, THEREFORE, BE IT RESOLVED BY 2 - that is authorized to execute an amended contract with Management Consulting Services to provide technical assistance..to the Construction.Impact Group in accord with the attached Schedule of Shares, €. s,. x • 2 qt Appendix C-2.(as revised 7/13/77). !, ., ,,. ` Type.or Print Name s, Title Signature Attachment r tit y y4 t. s r E ' r The following adjustments°shall not be the responsibility of the Contractor but are provided as a part of this contract to clarify the mutual agreement among the participating jurisdictions: Adjustment 1. Upon completion and acceptance of the Fianl Report by the Impact Group, an adjustment of shares shall be computed based on the proportionate dollar share of the request to WPPSS. (This adjustment is shown as Column 2 except for note * below) Adjustment 2. In the event payments are made by WPPSS, and upon final disbursal of Impact Funds covered by agreement with WPPSS, and adjustment of shares shall be computed based on the proportionate dollar payments to participating juris- dictions. Such additional billings or refunds shall be the responsibility of the contract fiscal agent. *Benton County participation excluded as per Construction Impact Group decision (12/16/76) in order to continue negotiations while evaluating legal and practical aspects of Benton County proposal to withdraw. APPENDIX C-2 (Revised 7 /13/77) ' CONSTRUCTION IMPACT GROUP PARTICIPANTS REVISED SCHEDULE OF SHARES Agency Original Impact* Adjusted Additional Proposed Total Share Impacted Contract Percent Cost Contract Addition Cost to Date Cities (2/1/77) (7/13/77) Kennewick $20,562.50 19.98 $11,588.40. $ 4,795.20 9,590.40 25,974.00 Pasco 5,875.00 9.34 5,417.20 2,241.60 4,383.20 12,142.00 Richland 20,562.50 36.31 21,059.80 8,714.40 17,428.80 47,203.00 - Benton City 1,000.00 5.17 2,998.60 1,240.80 2,481.60 6,721.00 Grandview 11000.00 4.20 2,436.00 11008.00 2,016.00 5,460.00 Prosser 11000.00 4.35 2,523.00 1,044.00 2,088.00 5,655.00 West Richland 11000.00 6.42 3,723.60 1,540.80 3,081.50 8,346.00 Counties Benton County 11000.00 -0- -0- -0- -0- -0- Franklin County 11000.00 7.84 4,547.20 1,881.60 3,763.20 10,192.00 Other Taxing Districts Benton County Fire District #4 11000.00 .10 58.00 24.00 48.00 130.00 Port of Mattawa 11000.00 -0- -0- -0- -0- -0- Port of Pasco 11000.00 -0- -0- -0- -0- -0- Prosser Hospital 11000.00 1.15 667.00 276.00 552.00 1,495.00 Mid -Columbia Regional Library 11000.00 5.14 2,981.20 1,233.60 2,467.20 6,682.00 $58,000.00 100.00 $58,000.00 $24,000.00 $48,000.00 $130,000.00 The following adjustments°shall not be the responsibility of the Contractor but are provided as a part of this contract to clarify the mutual agreement among the participating jurisdictions: Adjustment 1. Upon completion and acceptance of the Fianl Report by the Impact Group, an adjustment of shares shall be computed based on the proportionate dollar share of the request to WPPSS. (This adjustment is shown as Column 2 except for note * below) Adjustment 2. In the event payments are made by WPPSS, and upon final disbursal of Impact Funds covered by agreement with WPPSS, and adjustment of shares shall be computed based on the proportionate dollar payments to participating juris- dictions. Such additional billings or refunds shall be the responsibility of the contract fiscal agent. *Benton County participation excluded as per Construction Impact Group decision (12/16/76) in order to continue negotiations while evaluating legal and practical aspects of Benton County proposal to withdraw. r SIGNATURE SHEET FOR CONSTRUCTION IMPACT CONTRACT DATED this 1st day of August 1977. BY J rID C Mayor, City of Pasco AMENDMENT 7/13/77