City Council

CITY COUNCIL MEETING TUESDAY, MAY 20, 2014 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. MAYOR AND CITY COUNCIL COMMITTEE REPORTS 8. CITY ADMINISTRATOR REPORT 9. WORKSHOP DISCUSSION  I-90 Interchange in Liberty Lake – Katy Allen, City Administrator / Larry Larson, Project Engineer Washington State Department of Transportation  Transportation Improvement Program for 2014-2020 – Andrew Staples, City Engineer 10. ACTION ITEMS A. Consent Agenda i. Approve May 6, 2014 City Council Minutes ii. Approve May 20, 2014 Vouchers in the amount of $295,354.30 B. General Business i. Award Town Square Construction Contract ** City Administrator, Katy Allen, will give a presentation prior to action 11. INTRODUCTION OF UPCOMING AGENDA ITEMS 12. CITIZEN COMMENTS 13. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations.  City Council Subcommittee Agendas  Finance Committee Meeting Agenda – City Hall Conference Room May 20, 2014 6:00 PM I. Follow up questions from 5-6-2014 II. Townsquare Park Contract Award a. Budget Review b. Bid Review III. 2013 Annual Report Review IV. IT Contract Renewal V. SSB 5173 – Unpaid Holidays VI. AWC Wellness Networking Event – City is hosting VII. Voucher Review  Liberty Lake Municipal Library April 2014 Statistics Circulation April 2013 April 2014* Checkouts 6,844 6,205 Checkins 7,397 7,064 Renewals 735 972 In-House 598 238 ILL filled 5 10 Digital 272 649 CIN Loans 1,191 1,021 Total items 17,042 16,159 Friends' Tea 2014 Borrowed by CIN 620 500 Author Dawn Nelson Patrons Total Visits: 4,237 Difficulty w/ Patron Counter Program visits: Story/Craft times: 312 272 Adult programs: 32 30 Patrons added: 102 97 Total patrons: 6,022 5,694 Outreach, Events, Training Kid’s Crafts LEGO Club SCTU: Personal Finance Class Friends of the Library Annual Tea @ Meaddowwood Technology Center Literacy & Technology for Parents/co-sponsored with Lisa Wardian, Reading Teacher, Greenacres Elementary School Computer classes Knitting club National Library Week declared by Mayor for 2014 *National Library Week Closure On Tuesday, April 15th, work crews on the roof discovered six trusses in the library's ceiling to have rotted through and evacuated the building. Staff was allowed to enter under restricted access, but the library was closed to the public until jacks where in place and the library declared safe by the city engineer on Monday April 21st. It is expected that repairs will be complete by Monday May 5th. The week-long closure has had a significant effect on our statistics. It would not be unreasonable to estimate what would have transpired for the month at numbers 25% higher. Reading Garden Workers from Environment West began work on the Reading Garden on Wednesday, April 30. The project is expected to be completed in two to three weeks.  Public Safety Meeting Agenda May 13th, 2014 @ 5:00 P.M. LLPD Small Conference Room Library Report/Updates Pamela Mogen Spokane Valley Fire Department Report/Updates Larry Rider Police Report/Updates Brian Asmus Gibson Memorial Service and Family Support City Hall Open House – May 15th. Hiring Process and timeline for positions and testing Line of Duty Death Policy and Family Resource Guide Officer Meeting with spouses on May 21st Emergency Management Training ‐ COOP WASPC conference next week in Spokane Too Good For Drugs Program – every Wednesday Speeding concern on Winrock and Autumn Crossing Phone system update 2013 Annual Report presentation at June council meeting I‐502 options – June 17th meeting Old Business New Business Follow up items Adjourn ACTION ITEMS  City of Liberty Lake Consent Agenda for May 20, 2014 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through May 20, 2014 Payee Description Amount See attached voucher report. Total vouchers through May 20, 2014 $ 293,898.86 Check dated May 14, 2014 Association of Washington Cities Check No. 18944 $ 1,455.44 TOTAL $295,354.30 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 10Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Bid Award for Town Square Park FOR THE AGENDA OF: May 20, 2014 DEPT. HEAD DEPT. OF ORIGIN: APPROVAL: EXHIBIT: Low Bidder’s Packet, Clean Contract, Bid Tabulation EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT Bids were solicited through our through public competitive bidding for the Town Square Park project. We received five bids for this work. This project provides for the installation of two acres of sidewalk, turf, trees, lighting, restroom, stormwater and parking. We have allowed 60 working days for this project. The apparent low bid for the Town Square Park project is Bacon Concrete, Inc. The Engineer's Estimate for this work was $681,440.30. The work under this Agreement is subject to Washington State prevailing wage law. The total for each of the Schedules is shown below: Schedule 1 – Town Square Park $603,046.00 Schedule 2 – On Street Parking $ 22,609.60 Schedule 3 – Entry Arch $ 23,914.00 The Grand Total for the Bid Proposal submitted by the low bidder is six hundred forty nine five hundred sixty nine and 60/100 dollars ($649,569.60). No discrepancies were found on the low bid. The Grand total for construction cost of this project is within the budget set by Council. In addition to the award of the Contract, staff requests that Council authorize a 5% contingency ($35,500) to be managed by staff. RECOMMENDED ACTION Staff recommends awarding all three schedules since the Grand Total is within budget, and authorizing the Mayor to sign the contract with Bacon. Staff also recommends providing a 5% contingency to be used by staff to effectively manage the construction phase.  BUDGET SET BY COUNCIL - $785,000 --- DESIGN $ 29,500.00 CONSTRUCTION MGMT $ 15,000.00 CONTINGENCY $ 35,500.00 CONSTRUCTION CONTRACT $649,569.60 TOTAL $729,569.60 FUNDING SOURCES --- REET $580,000.00 STA $ 81,000.00 GREENSTONE $ 22,690.00 APA/STORM $ 25,000.00 GENERAL FUND $ 20,960.00 TOTAL $729,569.60 \\Nas-01\cad\Civil3D Projects\51016\Production Drawings\51016PL04.dwg, 3/21/2014 2:59:24 PM, julie, 1:2 CITY OF LIBERTY LAKE TOWNS SQUARE SITE OVERVIEW 51016 SCHEDULE 1 SCHEDULE 3 SCHEDULE 2 D.R.H. J.A.L. MAIN PARK ENTRY ARCH STREET PARKING 51016PL04.DWG 03-20-14 $603,046.00 $23,914.00 $22,609.60  SECTION 00 5200 - EJCDC SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is dated as of the day of , in the year 2014 by and between CITY OF LIBERTY LAKE, WASHINGTON (hereinafter called the OWNER) and BACON CONRETE, INC. (hereinafter called the CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents titled “BID OF THE LIBERTY LAKE TOWN SQUARE PROJECT,” dated April, 2014 and is generally described as follows: Schedule 1 - Town Square Park - Includes a 39-stall asphalt parking lot and park with, water & sewer services, restroom facility, decorative landscaping, trees with tree grates, irrigation, concrete flatwork, pavers, grading, and decorative park entry arch. Contractor shall include in this lump sum item the bid pricing for Purchase and Assembly of Restroom ‘Kit’ per manufacturer’s construction documents and allowing for full coordination of utilities and other associated project work. This information is included in the Appendix. Schedule 2 - On-street Parking Area - Includes 17 on-street parking stalls along Meadowwood Lane. This schedule includes curb, base rock, asphalt and concrete valley gutter. Schedule 3 – Entry Arch - Includes entry arch as shown on the Contract Documents. This schedule includes foundation, and all other labor, materials and equipment to furnish and install Entry Arch as shown on the Plans. Article 2. ENGINEER. The Project has been designed by Welch Comer & Associates, Inc. The OWNER will function as the ENGINEER who is to act as OWNER’s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The Work will be substantially completed within Sixty (60) working days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the EJCDC General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within ten (10) calendar days after the date of substantial completion. 3.2 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER ONE THOUSAND TWO HUNDRED dollars ($1,200.00) for each calendar day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. 3.3 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER ONE THOUSAND TWO HUNDRED dollars ($1,200.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents P:\Public_Works\Public_Projects\TownSquarePark\Contract\Final Plans 040814\51116C B.docx INDEX - PAGE 18 5/13/2014  an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 4.01.A below: A. For all Work other than Unit Price Work, a lump sum of: $ All specific cash allowances are included in the above price in accordance with Paragraph 11.02 of the General Conditions. Article 5. PAYMENT PROCEDURES. 5.1 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.2 Progress Payments: Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment as recommended by OWNER during construction on a duly certified estimate of the work complete, less five percent (5%) retainage. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions. Payment of Owner approved applications for payment shall be made within forty-five (45) calendar days from the date of approval. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Payment of OWNER approved final application for payment shall be made within sixty (60) calendar days from date of approval. Article 6. CONTRACTOR’S CERTIFICATIONS 6.1 Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 6.01: A. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; B. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; C. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Article 7. PREVAILING WAGES The laborers, workers, or mechanics in each trade or occupation required to complete this Contract hired or working within the State of Washington, shall be paid an amount not less than Washington State Prevailing Wage Rate established by the Department of Labor and Industries. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 4 inclusive) 8.2 Performance, Payment, and other Bonds identified as such 8.3 Notice of Award 8.4 The Contract Documents and drawings as itemized in the Index to Contract Documents 8.5 Supplementary General Conditions (pages 1 to 6 inclusive) 8.6 EJCDC General Conditions (pages 1 to 62 inclusive) P:\Public_Works\Public_Projects\TownSquarePark\Contract\Final Plans 040814\51116C B.docxINDEX - PAGE 19 5/13/2014  8.7 Addenda numbers 1 to 6 inclusive 8.8 CONTRACTOR’s Bid Package as identified 8.9 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _n/a_ to _n/a_, (inclusive). 8.10 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Notice to Proceed and all Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in Article 7 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreement and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. P:\Public_Works\Public_Projects\TownSquarePark\Contract\Final Plans 040814\51116C B.docx INDEX - PAGE 20 5/13/2014  IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. OWNER: City of Liberty Lake CONTRACTOR: By: By: Name/Title: Steve Peterson, Mayor Name/Title: Date: Date: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest Address for giving notices: Address for giving notices: 22710 E. Country Vista Drive Liberty Lake, WA 99019 License No. P:\Public_Works\Public_Projects\TownSquarePark\Contract\Final Plans 040814\51116C B.docx INDEX - PAGE 21 5/13/2014 TOWN SQUARE PARK PROJECT BID TABULATION CITY OF LIBERTY LAKE, WA DATE: MAY 13, 2014 Main Park Street Parking Entry Arch Bidder Schedule 1 Schedule 2 Schedule 3 Total $ $ Stone Creek $ 768,194.37 21,519.99 25,001.91 $ 814,716.27 $ $ WM Winkler $ 711,985.00 41,306.00 52,176.00 $ 805,467.00 $ $ Cameron Reilly $ 721,769.09 36,122.09 40,763.58 $ 798,654.76 $ $ Bacon Concrete $ 603,046.00 22,609.60 23,914.00 $ 649,569.60 $ $ KRCI $ 714,594.89 29,567.49 37,611.29 $ 781,773.67 Engineer’s $ $ Estimate $ 614,481.10 34,349.20 32,610.00 $ 681,440.30 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of May 15, 2014 Please note: This is a work in progress; items are tentative June 3, 2014 DUE Wed, May 28 1. PRESENTATIONS: a. Liberty Lake Police Department Annual Report b. Spokane Conservation District Project Updates – Walt Edelen, Water Resources Manager 2. Consent Agenda (minutes, vouchers) 3. General Business a. Renewal of HiTechnique Agreement for Services b. Award Consultant Contract to Studio Cascade RE: Signage Policy 4. PUBLIC HEARINGS: a. Closed Record Public Hearing on the Courtyard at River District Preliminary Plat b. 2014-2020 Transportation Improvement Plan 5. Resolution – Authorizing and adopting a six (6) year Transportation Improvement Program for 2014-2020 June 10, 2014 DUE Tue, June 3 Special City Council Meeting – City Council Applicant Interviews / Selection / Appointment June 17, 2014 DUE Wed, June 11 1. PRESENTATION - Liberty Lake Municipal Library Annual Report – Board of Trustees 2. WORKSHOPS a. River District TIF / LIFT, RJ Stevenson b. Marijuana Regulation Options, Chief Asmus & Attorney Boutz 3. Consent Agenda (minutes, vouchers) July 1, 2014 DUE Wed, June 25 1. Consent Agenda (minutes, vouchers) July 15, 2014 DUE Wed, July 9 1. MAYOR’S RECOGNITION – Katy Dolan, AWC Center for Qualified Communities award and scholarship recipient 2. WORKSHOPS a. 2014 Open Government Trainings Act; Open Public Meetings / Public Records – City Attorney, Sean Boutz b. Knowing Your Roles – Elected Officials and Emergency Management – Chief Asmus 3. Consent Agenda (minutes, vouchers) 4. Second Quarter Report / Budget / Forecast– RJ Stevenson 5. PUBLIC HEARING – 2015 City Budget August 5, 2014 DUE Wed, July 30 1. WORKSHOP: 2014 City Comprehensive Plan & Development Code Amendment 2. Consent Agenda (minutes, vouchers) 3. FIRST READ ORDINANCE – 2014 City Comprehensive Plan & Development Code Amendment August 19, 2014 DUE N/A COUNCIL RETREAT September 2, 2014 DUE Wed, Aug 27 1. WORKSHOPS: th a. Recap and Outcomes from August 19 , 2014 City Council Retreat b. 2015 Budget Update 2. Consent Agenda (minutes, vouchers) 3. RESOLUTION – Adopting the Liberty Lake City Council’s 2015 Priorities September 16, 2014 DUE Wed, September 10 1. WORKSHOP – Utility Tax Options 2. Consent Agenda (minutes, vouchers) 3. PUBLIC HEARINGS: a. City of Liberty Lake 2014 Comprehensive Plan & Development Code Amendment (open public hearing) b. City of Liberty Lake 2014 Comprehensive Plan & Development Code Amendment (zone change - closed record public hearing) 4. SECOND READ ORDINANCE – 2014 City Comprehensive Plan & Development Code Amendment October 7, 2014 DUE Wed, October 1 1. WORKSHOP – Mayor Peterson’s proposed 2015 budget 2. Consent Agenda (minutes, vouchers) October 21, 2014 DUE Wed, October 15 1. Third Quarter Report – RJ Stevenson 2. WORKSHOP – Proposed 2015 Budget – Update on Council Priorities 3. Consent Agenda (minutes, vouchers) November 4, 2014 DUE Wed, October 29 1. PUBLIC HEARING –2015 Proposed City Budget 2. Consent Agenda (minutes, vouchers) November 18, 2014 DUE Wed, November 12 1. PUBLIC HEARING –2015 Proposed City Budget 2. Consent Agenda (minutes, vouchers) 3. RESOLUTION – Levying the regular property taxes for the City of Liberty Lake 4. FIRST READ ORDINANCE – Adopting 2015 Budget December 2, 2014 DUE Wed, November 26 1. Consent Agenda (minutes, vouchers) 2. SECOND READ ORDINANCE – Adopting the 2015 Budget December 16, 2014 DUE Wed, December 10 1. Consent Agenda (minutes, vouchers)