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FINAL 2021 1123 Council Agenda PacketMoses Lake City Council David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member REMOTE ACCESS OPTION and IN PERSON UPDATE Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda, or via internet at https://cityofml.zoom.us/j/83652426280. Persons requesting to address the Council from the remote option will need to complete the online speaker request form before 3 p.m.. on the day of the meeting. Masks will be required for in person attendees. Regular Meeting Agenda Tuesday, November 23, 2021 Moses Lake Civic Center – 401 S. Balsam or remote access Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Summary Reports: Mayor’s Report -Council Member Mike Riggs Resignation Additional Business City Manager’s Report -Fleet New Hire Bryon Tilson -Employee Breakfast December 22 -Finance Director Interviews -REC Expansion Next Steps Public Hearing Due to the COVID-19 pandemic, please use the link above to complete a remote speaker request form or provide written comments to cityclerk@cityofml.com no later than 3 p.m. on the day of the meeting. #1 Motion pg 4 2022 Budget Ordinance 2993 Presented by Gail Gray, Interim Finance Director Summary: Conclude Hearing, review, and consider adoption Moses Lake Council Packet 11-23-19, Page 1 of 184 November 23, 2021, City Council Meeting Page 2 _________________ Citizen’s Communications Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #2 pg 10 a.City Council Meeting Minutes Dated November 9 and 17, 2021 b.Claims and Payroll c. Accept Valley and Central Signal Cabinet Replacement - 2021 d.Miscellaneous Code Clean Up Ordinance 2994 e.Wastewater Generators Maintenance f. REC Wastewater Discharge Permit g. Grant County Recording Fee ILA h. 2021 Surplus Equipment Resolution 3871 Old Business #3 Motion #4 Motion pg 99 2022 CPI Adjustment Resolution 3872 Presented by Gail Gray, Interim Finance Director Summary: Council to review and consider adoption pg 103 LTAC Application Recommendations Presented by Allison Williams, City Manager Summary: Council to review and consider approval New Business #5 Motion #6 Motion #7 Motion pg 106 Moses Lake RV Park Deferral Request Presented by Melissa Bethel, Community Development Director Summary: Council to review and consider denial pg 138 2022 Fee Schedule Resolution 3873 Presented by Gail Gray, Interim Finance Director Summary: Council to review and consider adoption pg 153 2021 Budget Adjustment Ordinance 2995 Presented by Gail Gray, Interim Finance Director Summary: Council to review and consider adoption Moses Lake Council Packet 11-23-19, Page 2 of 184 November 23, 2021, City Council Meeting Page 3 ___________ ______ Administrative Reports -Stratford Rd Tree Lighting page 158 -Municipal Airport Public Development Authority page 159 -WSDOT Council Presentation 12/14 Council Communications and Reports Adjournment Next Regular Council Meeting is scheduled for December 14, 2021 Zoom Meeting – Audio Only Please click the link below to join the webinar: https://cityofml.zoom.us/j/83652426280 Or iPhone one-tap: US: +12532158782,,95160346024# or +13462487799,,95160346024# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 836 5242 6280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so that arrangements may be made prior to the meeting time. Moses Lake Council Packet 11-23-19, Page 3 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Gail Gray, Interim Finance Director Date: November 19, 2021 Proceeding Type: Public Hearing Subject: 2022 Budget Legislative History: •First Presentation: October 23, 2021 (Council Budget Retreat) •Second Presentation: November 9, 2021 (First Public Hearing) •Action: November 23, 2021 Conduct 2nd Public Hearing, Pass Budget Ordinance Overview The Budget provides for the financial planning, control, and evaluation of all funds. Prior to Council presentation the City Manager, Finance Director and Department Directors met in early October to review all budget proposals. The City Manager then made recommendations to create the City Manager’s budget that was presented to City Council in a study session on October 23, 2021. From there, appropriate changes were made so that the 2022 Preliminary Budget considers guidance and direction given by Council throughout the budget process. Council conducted the first public hearing on the 2022 budget on November 9, 2021. From that meeting, no recommendations from Council were made. When the second public hearing is completed on November 23, 2021, Council could pass the ordinance. For the Final Budget, all funds are balanced within available resources (i.e. reserves and new revenues). Additional explanation and summaries or revenues and expenditures by fund are included in a separate 2022 Preliminary Budget document, which is available for public review on the City of Moses Lake website. This is the presentation of the budget ordinance establishing the authorization and spending plan for the 2022 fiscal year for all City operations. It requires a hearing to accept public comments and input. A balanced budget needs to be adopted by December 31, 2021. The budget includes revenue estimates based on the 2022 Fee Schedule which will go to Council in a separate agenda item also on November 23, 2021. Moses Lake Council Packet 11-23-19, Page 4 of 184 Page 2 of 2 Fiscal and Policy Implications The total proposed 2022 expenditure budget is approximately $83.6 million with the General Fund operating budget amounting to about $30.9 million. All funds are balanced within available resources. Council Packet Attachments A. Budget Ordinance (including Schedule A); Exhibit 1 Finance Committee Review November 9, 2021 Legal Review N/A Options Option Results • Continue the Public Hearing, Consider Adoption of Budget The budget process continues in compliance with state law. • Recommend changes to the 2022 budget. Provide staff with specific changes, which would then need to be incorporated into the budget system to be brought back for adoption at the December 14 meeting. Action Requested Staff recommends City Council conduct the Public Hearing, then adopt the budget ordinance. Moses Lake Council Packet 11-23-19, Page 5 of 184 ORDINANCE 2993 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF MOSES LAKE, WASHINGTON FOR THE YEAR 2022 AND MAKING APPROPRIATIONS FOR ESTIMATED EXPENDITURES WHEREAS, on or before the 9th day of November, 2021, a proposed budget and estimate of the amount of moneys required to meet the public expenses, and retirement and interest, reserve funds, and expenses of government of the City for the year 2022 was duly filed with the City Clerk of the City of Moses Lake and submitted to the City of Moses Lake City Council, all in accordance with applicable laws, and WHEREAS, subsequent to November 9, 2021, the City Council held hearings on the budget and on November 9 and November 23, 2021 the City Council held formal public hearings on the budget all in accordance with applicable laws, and WHEREAS, subsequent to its formal public hearings, the City Council made adjustments and changes to the budget as the Council deemed necessary or proper and determined the allowance in each item, department, classification and fund, all as set forth in the final budget document attached hereto, all in accordance with applicable laws, and WHEREAS, the proposed budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City for the purposes set forth in the budget, and the estimated expenditures set forth in the budget being all necessary to carry on the government of the City for fiscal year 2022 and being sufficient to meet the various needs of the City during that period; now, therefore, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The budget for the City of Moses Lake, Washington for the year 2022 is hereby adopted at the fund level in its final form and content as set forth in the budget document, “City of Moses Lake, Annual Budget-2022”, which is attached hereto as Schedule A. Section 2. Estimated resources for each separate fund of the City of Moses Lake, and aggregate expenditures for all such funds for the year 2022 are set forth in summary form entitled “City of Moses Lake, Annual Budget – 2022” which is attached hereto as Schedule A, and are hereby appropriated for expenditure at the fund level during the year 2022. Pursuant to RCW 35A.13.080 the City Manager shall administer the expenditure of all funds appropriated herein, and the City Manager is authorized to take all necessary and prudent actions to implement the City Council’s expenditure directives and budget appropriations. Section 3. The budget for the 2022 fiscal year is inclusive of the 2022 fee schedule as approved and accepted by Council by separate resolution. Moses Lake Council Packet 11-23-19, Page 6 of 184 Section 4. The Clerk for City Council is directed to transmit a certified copy of the budget hereby adopted to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law Passed by the City Council and signed by its Mayor on November 23, 2021. ______________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Riggs Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: November 29, 2021 Date Effective: December 4, 2021 Moses Lake Council Packet 11-23-19, Page 7 of 184 2022 2022 2022 Projected Use of Expenditure % of Fund Description Revenues Fund Balance Appropriation budget 001 General Fund 28,952,822$ 1,997,094$ 30,949,916$ 37.0% 102 Tourism Activities 620,100 57,000 677,100 0.8% 103 Grants & Donations 96,500 18,800 115,300 0.1% 105 Local Fiscal Recovery 3,361,779 - 290,558 0.3% 110 Homeless Services 509,365 - 285,766 0.3% 114 Paths & Trails 2,000 24,000 26,000 0.0% 116 Streets 2,072,828 575,914 2,648,742 3.2% 170 Transportation Benefit District 1,980,500 173,500 2,154,000 2.6% 410 Water/Wastewater Operating 13,671,602 1,711,570 15,383,172 18.4% 490 Sanitation 4,951,680 - 4,836,253 5.8% 493 Stormwater 1,023,347 - 1,007,178 1.2% 495 Airport 27,853 45,867 73,720 0.1% 498 Ambulance 3,614,260 142,980 3,757,240 4.5% 517 Central Services 2,097,410 - 2,096,791 2.5% 519 Equipment Rental 2,716,814 24,436 2,741,250 3.3% 528 Building Maintenance 2,525,900 108,404 2,634,304 3.2% 119 Street Repair/Reconstr 3,013,150 686,850 3,700,000 4.4% 314 Parks & Recreation Imp - - - 0.0% 315 Park Mitigation Capital Proj 20,000 - - 0.0% 471 Water Rights 700,000 1,338,316 2,038,316 2.4% 477 Water/Sewer Construction 3,900,000 - 3,900,000 4.7% 501 Unemployment Compensation 85,000 - 66,500 0.1% 503 Risk Management 1,307,000 - 1,064,370 1.3% 611 Firemen's Relief & Pension 44,500 10,500 55,000 0.1% 282 Local Borrowing 1,452,500 - 1,451,536 1.7% 286 GOB 2016 Refunding 375,900 250 376,150 0.4% 450 Water/Sewer 2011 Bond - - - 0.0% 451 Bond Reserve-2011 - - - 0.0% 452 Water/Sewer 2004 Bond 686,250 600 686,850 0.8% 453 Water/Sewer 2004 Bond Reserve - - - 0.0% 483 Water/Sewer Leases - - - 0.0% 485 PWTF W/S Debt Service 532,100 12 532,112 0.6% 486 GOB 2006 Redemption Parks - - - 0.0% 487 2015 GO Bond Redemption 76,000 - 75,320 0.1% 80,417,160$ 6,916,093$ 83,623,444$ 100% City of Moses Lake, Washington Annual Budget - 2022 Schedule A Summary of Available Resources and Appropriations by Fund Moses Lake Council Packet 11-23-19, Page 8 of 184 2022 2022 2022 Projected Use of Expenditure % of Fund Description Revenues Fund Balance Appropriation budget 001 General Fund 28,952,822$ 1,997,094$ 30,949,916$ 37.0% 102 Tourism Activities 620,100 57,000 677,100 0.8% 103 Grants & Donations 96,500 18,800 115,300 0.1% 105 Local Fiscal Recovery 3,361,779 - 290,558 0.3% 110 Homeless Services 509,365 - 285,766 0.3% 114 Paths & Trails 2,000 24,000 26,000 0.0% 116 Streets 2,072,828 575,914 2,648,742 3.2% 170 Transportation Benefit District 1,980,500 173,500 2,154,000 2.6% 410 Water/Wastewater Operating 13,671,602 1,711,570 15,383,172 18.4% 490 Sanitation 4,951,680 - 4,836,253 5.8% 493 Stormwater 1,023,347 - 1,007,178 1.2% 495 Airport 27,853 45,867 73,720 0.1% 498 Ambulance 3,614,260 142,980 3,757,240 4.5% 517 Central Services 2,097,410 - 2,096,791 2.5% 519 Equipment Rental 2,716,814 24,436 2,741,250 3.3% 528 Building Maintenance 2,525,900 108,404 2,634,304 3.2% 119 Street Repair/Reconstr 3,013,150 686,850 3,700,000 4.4% 314 Parks & Recreation Imp - - - 0.0% 315 Park Mitigation Capital Proj 20,000 - - 0.0% 471 Water Rights 700,000 1,338,316 2,038,316 2.4% 477 Water/Sewer Construction 3,900,000 - 3,900,000 4.7% 501 Unemployment Compensation 85,000 - 66,500 0.1% 503 Risk Management 1,307,000 - 1,064,370 1.3% 611 Firemen's Relief & Pension 44,500 10,500 55,000 0.1% 282 Local Borrowing 1,452,500 - 1,451,536 1.7% 286 GOB 2016 Refunding 375,900 250 376,150 0.4% 450 Water/Sewer 2011 Bond - - - 0.0% 451 Bond Reserve-2011 - - - 0.0% 452 Water/Sewer 2004 Bond 686,250 600 686,850 0.8% 453 Water/Sewer 2004 Bond Reserve - - - 0.0% 483 Water/Sewer Leases - - - 0.0% 485 PWTF W/S Debt Service 532,100 12 532,112 0.6% 486 GOB 2006 Redemption Parks - - - 0.0% 487 2015 GO Bond Redemption 76,000 - 75,320 0.1% 80,417,160$ 6,916,093$ 83,623,444$ 100% City of Moses Lake, Washington Annual Budget - 2022 Schedule A Summary of Available Resources and Appropriations by Fund Moses Lake Council Packet 11-23-19, Page 9 of 184 MOSES LAKE CITY COUNCIL November 9, 2021 EXECUTIVE SESSION Mayor Curnel called an Executive Session at 5:30 p.m. to be held for 15 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation. STUDY SESSION 2022 Draft Budget Council held a workshop to review proposals from staff on Saturday, October 23. An updated document was posted and distributed on Tuesday, November 2. Accounting Consultant MariaLuisa Gonzales provided a summary of changes. City Manager Allison Williams noted that the current draft has a 17% reserve balance for the General Fund and that some of the unbudgeted items are in the proposed spending plan for ARPA funds. Council discussed the proposed funding for budgeted and unbudgeted staff positions. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Curnel; Deputy Mayor Jackson; Council Members Eck, Liebrecht, and Hankins. Council Member Myers attended remotely, Council Member Riggs was absent, and Council Member Eck left the meeting around 8:15 p.m. Action taken: Council Member Eck moved to excuse Council Member Riggs, second by Council Member Liebrecht. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Mayor Curnel acknowledged Veteran’s Day being the prior Thursday and asked his fellow Marine, Fire Chief Brett Bastian, to lead the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Council Member Hankins. The motion carried 6 – 0. SUMMARY REPORTS MAYOR’S REPORT Native American Heritage Month In accordance with RCW 28A.320.170, Mayor Curnel proclaimed November 26 as Native American Heritage Day and November as Native American Heritage Month. Mayor and Deputy Mayor Election Process In transition of the former Rules of Governance to codification of updated rules earlier Moses Lake Council Packet 11-23-19, Page 10 of 184 CITY COUNCIL MINUTES – November 9, 2021 pg. 2 this year, the prerequisite for a minimum of two-years of service on the Council to become the elected Mayor and Deputy Mayor was missed in being carried forward. Action taken: Council Member Liebrecht moved to reinstate the rule adopted by Resolutions 3588 and 3597 in 2016, second by Deputy Mayor Jackson. The motion carried 6 – 0. CITY MANAGER’S REPORT Police Records Promotion and New Hires Police Chief Kevin Fuhr announced Erika Ribble’s promotion to Police Records Supervisor and new employees: Police Records Technicians Kimberly Blasdel and Cristina Valdez. ATV Signage Grant Award Municipal Services Director David Bren shared that two of his staff, Scott Allsbrook and Brian Baltzell, were successful in obtaining a grant for $5,808 from WSDOT for signage along routes allowing ATV’s per Council Ordinance 2857 adopted in 2017. PUBLIC HEARING #1 Comprehensive Plan Ordinance 2992 – Continued Public Hearing Kevin Gifford from Berk Consulting provided a PowerPoint presentation to recap the process and illustrate the two potential UGA Boundary changes as recommended by the Planning Commission and City staff. Mayor Curnel continued the hearing at 7:19 p.m. Comments received as follows: 1. Louise Peeples, 1018 Lakeland Dr, Moses Lake, spoke against zoning that replaces single-family homes with apartments. 2. Robert Schiffner, Attorney at Law, Moses Lake, discussed his property as a location for another lake crossing to reduce heavy traffic on Valley and Stratford Roads. 3. Kevin Richards, 1328 E Hunter Pl, Moses Lake, requested Council to postpone adoption of the proposed Comp Plan in consideration of a new 60-acre addition to the UGA along Wheeler Rd. for a proposed commercial development to bring 1,500 jobs. 4. Jim Warjone, ASPI Marketing Consultant, requested pause to revisit DOT Level of Service for transportation concurrency related to the I-90 impact and his suggestion to eliminate the impact with an addition of the Hiawatha interchange. He submitted additional comments via email the following morning logged as exhibit 25. 5. Kim Foster, Legal Counsel to ASPI Group, Renton, WA, distributed printed copies of hearing exhibit 21 dated November 3 which was included in the meeting packet in addition to another page logged as hearing exhibit 26. He requested Council postpone a vote for the update and alleged lack of legal notice and due process by the City to remove the ASPI property from the UGA. Council Member Hankins asked, and he answered that they have owned the property for thirty years. 6. Bob Fancher, 13184 Wheeler Rd, Moses Lake, advised that there are new projects being developed in the Hiawatha area. Three emails received late in the day were shared electronically with Council, read into the record, and logged as hearing exhibits 22 – 24 from Allison Palumbo, Gilbert Alvarado, and WSDOT Manager George Mazur. Moses Lake Council Packet 11-23-19, Page 11 of 184 CITY COUNCIL MINUTES – November 9, 2021 pg. 3 There being no further comment, Mayor Curnel closed the hearing at 7:50 p.m. Council Member Liebrecht expressed concern of the ability to cover the infrastructure needs for City services for the existing UGA boundaries. City Manager Allison Williams will be working with the Department of Commerce to address the ability to site the business opportunity brought forward at the last minute. City Attorney Katherine Kenison read the RCW regarding the Comprehensive Planning process and associated requirements. Council Member Myers and Deputy Mayor Jackson were concerned on making a difficult decision without more data on available infrastructure. Action taken: Council Member Eck moved to adopt Ordinance 2992 as presented, second by Council Member Hankins. The motion carried 4 – 2, Deputy Mayor Jackson and Council Member Myers were opposed. #2 Knolls Vista Lift Station Abandon Easement Resolution 3864 Council received a utility easement in 1968 from the Moses Lake School District. Staff has determined that the easement is no longer needed. Mayor Curnel opened the hearing at 8:20 p.m. There was no public testimony and the hearing was closed. Action taken: Deputy Mayor Jackson moved to adopt Resolution 3864 as presented, second by Council Member Hankins. The motion carried 5 – 0. #3 Property Tax Levy Resolution 3865 RCW 35A.33.135 requires Council to annually adopt a resolution establishing the amount to be raised by property tax revenue for the ensuing fiscal year to support General Fund operations. Staff is requesting Council consider the maximum 1% increase in the levy plus increases for annexations, new construction, estimated refund levy, and state-assessed property values. Mayor Curnel opened the hearing at 8:22 p.m. There was no public testimony and the hearing was closed. Action taken: Council Member Hankins moved to adopt Resolution 3865 as presented, second by Council Member Liebrecht. The motion carried 5 – 0. #4 2022 Budget Ordinance 2993 – First Presentation City Manager Allison Williams provided a PowerPoint presentation to highlight key dates in the process, budget priorities, considerations, summary of total budget, and staff changes. Mayor Curnel opened the public hearing at 8:29 p.m. There was no public testimony, and the hearing was continued to November 23. CITIZEN’S COMMUNICATION Public Development Authority Municipal Airport Board Member Darrin Jackson requested Council establish the Airport Board as a Public Development Authority (PDA). A link to a four-page article from Municipal Research and Services Center was shared with the Council earlier today. Consensus of Council is to move forward on researching the costs and processes to establish the requested PDA. Moses Lake Council Packet 11-23-19, Page 12 of 184 CITY COUNCIL MINUTES – November 9, 2021 pg. 4 CONSENT AGENDA #5 a. City Council meeting minutes dated October 23 and 26, 2021 b. Claim Checks 153875 – 153993 in the amount of $646,543.18; Payroll Checks 64119 through 64127 in the amount of $3,718.41; and Electronic Payments dated October 29, in the amount of $506,032.78 and Accounts Payable #67-74 in the amount of $668,524.97 c. Accept Water System Telemetry Project d. Accept Pioneer Sidewalk re-bid e. Authorize Telemetry Electrical Engineering Services f. Authorize Cell Phone Forensic Equipment and Software Action taken: Deputy Mayor Jackson moved to approve the Consent Agenda as presented, second by Council Member Liebrecht. The motion carried 5 – 0. NEW BUSINESS #6 Annual Review and Approval of LTAC Recommendations There is $309,900 available for grant distribution from Lodging Tax Advisory Committee funds in 2022. Returning applicants presented their projects from 2021 during the LTAC meeting conducted on October 5. The LTAC members met again on October 6 to make their final recommendations of 13 applications for the full amount available. Council requested reports from applicants of how funding was spent to be presented at a Council Meeting next year. Action taken: Deputy Mayor Jackson moved to remand LTAC recommendation for $5k to be reallocated from Sand Scorpion application to the Columbia Basin Allied Arts application, second by Council Member Hankins. The motion carried 5 – 0. ADMINISTRATIVE REPORTS Holiday Lighting The Downtown Moses Lake Association’s annual Light Up Moses Lake event will take place on Saturday, December 4 at 5 p.m. City Parks, Public Works, Police, and Fire staff have coordinated efforts to hang lights on the trees across the Stratford Rd fill prior to the Thanksgiving Holiday. The City of Moses Lake stood and decorated the tree, prepping it for the DMLA’s Tree Lighting event Friday, November 12. Utility Billing Account Update City Manager Allison Williams also recognized Utility Billing staff for completing Phase 1, the diligent work being done on Phase 2, and will report back at end of Phase 3 of the delinquent account shut offs. Water and Sewer Systems Plan Updates Development requests for water capacity and fire flows have shown that the current 2015 Water and Sewer System Plans need to be updated in order to respond to those queries. A Request for Engineering Qualifications to conduct updates was posted on November 2. Moses Lake Council Packet 11-23-19, Page 13 of 184 CITY COUNCIL MINUTES – November 9, 2021 pg. 5 Municipal Services Director Dave Bren will be working on moving away from irrigating with drinking water resources that will likely take several decades to get in place. Housing Action Plan Grant Community Development Director Melissa Bethel shared that the City has been awarded $100k to implement the Housing Action Plan. Creative District Approval Staff received an email today from ArtsWA Community Development Manager Annette Roth stating their support for the City to apply to the WA State Arts Commission’s Certified Creative Districts Program. COUNCIL COMMUNICATIONS AND REPORTS Council Member Myers requested a report of building projects and development permits be posted in the Bi-Weekly Newsletter and online. Staff noted that a summary is listed in the newsletter and will forward a link to the online projects page. Council Member Liebrecht asked and staff answered that the backfill for LTAC application for Freedom Fest will be allocated from the ARPA funding in 2023. Mayor Curnel asked and received status of Code Update that SCJ Alliance will be working on for adoption in 2023. ADJOURNMENT The regular meeting was adjourned at 9:07 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-23-19, Page 14 of 184 MOSES LAKE CITY COUNCIL November 17, 2021 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at 3 p.m. by Mayor Curnel in Conference Room 225 of the Civic Center with zoom online meeting access. ROLL CALL Present: Deputy Mayor Jackson; Council Members Liebrecht, and Hankins. Mayor Curnel, Council Members Myers and Eck attended the meeting remotely. EXECUTIVE SESSION Mayor Curnel called an Executive Session to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation with Council, City Manager Allison Williams, and City Attorney Katherine Kenison. ADJOURNMENT The special meeting was adjourned at 3:30 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-23-19, Page 15 of 184 To: Allison Williams, City Manager From: Wendy Parks, Accounting Manager Council Meeting Date: November 23, 2021 Proceeding Type: Consent Agenda Subject: Semi-Monthly Disbursement Report The following amounts were budgeted and sufficient funds were available to cover these payments: Claim Checks 153994 - 154201 $1,278,043.51 Payroll Checks 0064128 – 0064140 $12,322.55 Electronic Payments Payroll ACH – 11/12/2021 $471,909.89 Electronic Payments Accounts Payable # 75-80 $691,214.31 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 11-23-19, Page 16 of 184 Moses Lake Council Packet 11-23-19, Page 17 of 184 Moses Lake Council Packet 11-23-19, Page 18 of 184 Moses Lake Council Packet 11-23-19, Page 19 of 184 Moses Lake Council Packet 11-23-19, Page 20 of 184 Moses Lake Council Packet 11-23-19, Page 21 of 184 Moses Lake Council Packet 11-23-19, Page 22 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: November 19, 2021 Proceeding Type: Consent Agenda Subject: Project Acceptance for (60) Lien Period Valley and Central Signal Cabinet Replacement Legislative History: • First Presentation: November 23, 2021 • Second Presentation: • Action: Motion to Accept OVERVIEW: There are twelve (12) Intersection signal controllers throughout the City that need to be replaced and modernized, as they are now forty (40) years old. The City has started the process for replacing all twelve (12) Signal Controllers and Cabinets. The Valley and Central Intersection was one of the first ones to be replaced this last year. PRE-PURCHASED FOR INSTALL: The City pre-purchased the new controllers and cabinets directly through a Statewide bid process. This contract was for the installation of only one intersection. INSTALLATION: Northeast Electric, LLC. has completed work for the installation at the Valley and Central Intersection. The work completed by the contractor is physically complete and ready for acceptance PRE-PURCHASED CONTROLLERS REMAINING INTERSECTIONS • Pioneer/Five Corners • Pioneer/Hill Avenue • Pioneer/Sharon • Pioneer/Third • Division/Fifth • Division/Fourth • Grape/Central • Third/Alder • Third/Dogwood • Valley/Crestview Moses Lake Council Packet 11-23-19, Page 23 of 184 Page 2 of 2 COST OF WORK: The work completed is in the amount of $44,000. The original contract price for the contract was $44,000. STAFF INSPECTION: The Valley and Central Signal Cabinet Replacement Project was completed by the contractor, Northeast Electric, LLC. All work has been inspected by City Staff and has been recommended for acceptance. FISCAL AND POLICY IMPLICATIONS: After Council Acceptance of the project, the City will enter into the 60-day lien period as required by Washington State Law. The Contractor will receive the remaining 5% retainage after the (60) day lien period is complete ATTACHMENTS: N/A FINANCE COMMITTEE REVIEW: N/A LEGAL REVIEW: N/A ACTION OPTIONS: •Accept the project.The 60-day lien period will begin. •Provide staff with changes.Staff will review the changes. •Take no action.The project will not be accepted at this time. ACTION RECOMMENDED: Staff recommends Council acceptance of the Valley & Central Signal Cabinet Replacement Project. Moses Lake Council Packet 11-23-19, Page 24 of 184 Page 1 of 1 STAFF REPORT To: Allison Williams, City Manager From: Debbie Burke, Administrative Services Manager / City Clerk Date: November 18, 2021 Proceeding Type: Consent Agenda Subject: Annual Code Clean Up Ordinance xxxx Legislative History: •First Presentation: November 23, 2021 •Second Presentation: •Action: Motion Overview Staff have identified various inconsistencies during the course of doing routine business over the past year. The proposed ordinance will correct language to be concise and consistent with present practices. Fiscal and Policy Implications N - A Council Packet Attachment – Draft Ordinance Finance Committee Review N-A Legal Review Type of Document Title of Document Date Reviewed Ordinance Annual Code Clean Up November 18, 2021 Options Option Results •Adopt Ordinance as presented Changes will be made to the Code •Provide staff with changes Staff will make changes and bring back to a future meeting for adoption •Take no action The Code will be unclear, incorrect, and have inconsistencies. Action Requested Staff requests Council adopt the ordinance as presented. Moses Lake Council Packet 11-23-19, Page 25 of 184 ORDINANCE 2994 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE UPON ANNUAL REVIEW, MODIFICATION, AND REPEALING CONFLICTING OR OBSOLETE REGULATIONS Whereas, the City contracted with Code Publishing for codification services in 2018 to improve the accessibility for residents and staff to search regulations efficiently; and Whereas, during this process staff has discovered inconsistencies and outdated regulations and is present an update for Council approval; and Whereas, MLMC 2.08.020(A) is corrected as per Council’s motion on November 9, 2021 to reinstate minimum prerequisites for Mayor and Deputy Mayor appointments from Resolutions 2588 and 3597 adopted in 2016 as well as eliminate the duplicate reference for filling a vacancy in MLMC 2.08.190; and Whereas, MLMC 2.60.010, .015, and .020 are amended to improve the definition of meeting stipends for City Council Members that are not retired and have to pay for coverage when they are absent from their full-time jobs; and Whereas, MLMC 2.88 is repealed since criminal or quasi-criminal proceeding are an obsolete activity for Municipal Court; and Whereas, MLMC 6.07.010 amends reference to obsolete zoning Code that was repealed in 2019 Ordinance 2929 to correct section in Title 6; and Whereas, MLMC 12.14.080 amends language to reference the current fee schedules for an application fee for a sidewalk use license. Whereas, MLMC 13.03.050 amends language to remove the refund dollar amount for a stormwater appeal. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 2.08.020 titled ‘Council Representation:’ is corrected as follows: A. Council will accept nominations and elect the positions of Mayor and Deputy Mayor at the first meeting of even numbered years, or upon resignation of said positions. Each member of the City Council shall be permitted to nominate one person who has previously served for a minimum of two years on the Council and nominations shall not require a second. A nominee who wished to decline the nomination shall so state at this time. Nominations are then closed. Where one (1) position becomes vacant, the remaining members of the governing body shall appoint another Council member to the vacant position. (RCW 42.12.070.) Moses Lake Council Packet 11-23-19, Page 26 of 184 Section 2. Subsection 2.60.010 titled ‘Mayor:’ is amended as follows: The Mayor shall receive a stipend in the amount of one thousand dollars ($1,000) per month. The aforementioned stipend is provided in lieu of any stipend provided a City Council Member. In addition, the Mayor shall receive thirty dollars ($30) for each City obligation scheduled meeting attended up to a maximum of ten (10) eventsmeetings per month. Section 3. Subsection 2.60.015 titled ‘Deputy Mayor:’ is amended as follows: The Deputy Mayor shall receive a stipend in the amount of six hundred dollars ($600) per month. The aforementioned stipend is provided in lieu of any stipend provided a City Council Member. In addition, the Deputy Mayor shall receive thirty dollars ($30) for each City obligation scheduled meeting attended up to a maximum of ten (10) eventsmeetings per month. Section 4. Subsection 2.60.010 titled ‘Council Member:’ is amended as follows: Each City Council Member, except the Mayor and Deputy Mayor, shall receive a stipend of five hundred dollars ($500) per month. In addition, each City Council Member shall receive thirty dollars ($30) for each City obligation scheduled meeting attended up to a maximum of ten (10) eventsmeetings per month. Section 5. Section 2.88 titled ‘Municipal Court’ is hereby repealed as follows: 2.88.010 Assessment of Court Costs: Whenever, in any criminal or quasi-criminal proceeding to enforce any city ordinance, the judge finds the defendant, or defendants, guilty after trial or plea of guilty, the judge, in addition to any penalty imposed for the ordinance violation, shall assess the following costs as a part of the sentence imposed: For filing the cause$100 For service of subpoenas, each$50 For service of arrest warrants, each$100 In addition to those costs for subpoenas and arrest warrants, the city shall be entitled to recover forty-eight cents ($.48) per mile for each mile the officers must travel in the course of serving said warrant or subpoena. 2.88.020 Disposition: The cost assessed under Section 2.88.010, when collected by the judge, shall be delivered to the Finance Director, to be paid into the city’s current expense fund. These costs shall not be suspended by the judge, except when the defendant is indigent. Moses Lake Council Packet 11-23-19, Page 27 of 184 Section 6. Subsection 6.07.010 titled ‘Chicken Management’ is amended as follows: A. No more than four (4) hens, including chickens and pullets, may be kept per single-family residential lot pursuant to subsection (N) of this section. In no event shall the four (4) allowed hens, including chickens or chicks, count toward the accumulative total of household pets pursuant to MLMC 18.10.140 6.04.040. Section 7. Section 12.14.080 titled <Sidewalk Use> ‘License Fees’ is amended as follows: A non-refundable application and processing fee as established by the approved fee schedule shall be collected at time of application. of seventy-five dollars ($75) shall be charged for each license application received to place a structure on a sidewalk. No applicant and processing fee shall be required for the placement of other items on the sidewalk. A use fee shall be imposed that shall be calculated on the basis of the square foot value of the license area multiplied by the length of the license. The amount of the use fee shall be reviewed established from time to time and updated on bythe fee schedule resolution. The use fee shall be collected at the time the license is issued. Section 8. Section 13.03.050 titled ‘Appeal of Impervious Ground Cover Determination:’ is amended as follows: If a non-residential property owner believes the amount of impervious ground cover applied to its property is incorrect, the property owner may appeal this determination to the Municipal Services Director. Appeals shall be in writing, shall specify the grounds of the appeal, and shall include a review fee in accordance with the approved fee schedule must be accompanied by a filing fee in the amount established by the City’s fee resolution, which is refundable if the appellant prevails on the appeal. The amount of impervious ground cover applied to the property may increase, decrease, or remain unchanged when the review is completed by the Municipal Services Director. In the event the appeal is successful, the fifty dollar ($50) fee shall be refunded. Section 9. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 10. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on November 23, 2021. _____________________________________ David Curnel, Mayor Moses Lake Council Packet 11-23-19, Page 28 of 184 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Vacant Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: November xx, 202x Date Effective: November xx, 202x Moses Lake Council Packet 11-23-19, Page 29 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: November 15, 2021 Proceeding Type: Consent Agenda Subject: 2022-2024 Wastewater Generators Service & Repair Contract Legislative History: • First Presentation: November 23, 2021 • Second Presentation: • Action: Motion OVERVIEW: The City currently has 16 stand-by generators for critical facilities such as the Wastewater Treatment plants, major lift stations, and Police & Parks Building. The generators are serviced on even years, including oil changes, tune-ups and load testing. In addition, troubleshooting and repairs are occasionally needed. This work includes inspecting, servicing, and repairing existing generators. The bid award will be based on 3-years of service, maintenance, and repairs from January 1, 2022 through December 31, 2024. City Wastewater Generator (Typical) Moses Lake Council Packet 11-23-19, Page 30 of 184 Page 2 of 2 BID SUMMARY: On November 5, 2021, staff opened quotes for the 2022-2024 Generator Service & Repair contract. The bid provides for the inspection, service, and repair of the City’s 16 existing generators. In addition, the bid provides for any additional generators added by the City and agreed to by the contractor. The term of the contract is from January 1, 2022 through December 31, 2024. The City received one (1) bid for the work from Legacy Power Systems in the amount of $32,763.90/year. The bid is a unit-price bid that is based on work that would typically be required on an even year, with two-year maintenance and minor repairs. The total contract for three years is limited to $150,000.00 to allow for major repairs if needed during the term of the contract; but all work is based on unit prices in the base bid. FISCAL AND POLICY IMPLICATIONS: The Engineer estimated the cost at $30,000.00/year, based on historical contracts with the City. However, this contract is for a 3-year period, or $150,000, whichever comes first. The contract allows for additional repairs on an on-call basis. After award, Staff will track the total costs over the 3-year period, and if the limit of $150,000 is approached, a new project will be prepared for bids. The Legacy Power System bid is $32,763.90/year. The project will require budgeted funds to be spent. ATTACHMENTS: A. ADDENDUM NO.1 B. LEGACY POWER SYSTEMS – SIGNED PROPOSAL OPTIONS: Option Results • Award the Generator Service & Repair contract. Staff will move forward with executing a contract to complete the work as directed by the City. • Take no action The City will not have a contractor available for bi-annual service, maintenance, and repairs. STAFF RECOMMENDATION: Staff recommends awarding the 2022-2024 Generator Service & Repair contract to Legacy Power Systems in the amount of $32,763.90/year, not to exceed $150,000 for the three-year term of the contract. The actual cost, up to $150,000, will depend on the actual work/repairs directed by the City between January 1, 2022 and December 31, 2024. Moses Lake Council Packet 11-23-19, Page 31 of 184 Moses Lake Council Packet 11-23-19, Page 32 of 184 CITY OF MOSES LAKEMUNICIPAL SERVICES DEPARTMENTWASTEWATER DIVISIONREQUEST FOR BIDS2022-2024 Generator Service & RepairUnit Price Contract No. 412.2021.01Bid Submittal DeadlineOctober 26, 2021; 2:00 p.m.DAVID BREN PE, MSCEMunicipal Services DirectorMICHAEL G. MORO, P£ CHRIS CAMPBELLPublic Works Division DireclOT^ Wastewater Manager2022-2024 Generator Service & Repair - Unit Price Contract No. 412.2021.01 Page 1/36Moses Lake Council Packet 11-23-19, Page 33 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 2/36 NOTICE TO CONTRACTOR ______________________________________________ 2022-2024 Generator Service & Repair Moses Lake, Washington Sealed BIDS will be received until October 26, 2021; 2:00 p.m., for the above named unit priced Contract. All BIDS shall be mailed or hand delivered with 2022-2024 Generator Service & Repair marked plainly thereon. To receive Request for BIDS for this project, please email publicworksadmin@cityofml.com. Please submit sealed BIDS to one of the following: Mail To: Drop off: City of Moses Lake City of Moses Lake Public Works Public Works PO Box 1579 11789 Road 4 NE (Do Not Mail To This Address) Moses Lake, WA 98837 Moses Lake, WA 98837 Contact person: Chris Campbell Wastewater Manager 509.764.3965 (office) or 509.793.0190 (cell) •PROJECT DESCRIPTION: Inspect, service, and repair existing generators in accordance with the Contract and agreed per task orders generated by the City and signedby the Contractor. Estimated project cost is $30,000/yr. The Contractor is aware that all work is per prevailing wages. Typical service and maintenance will be performed on even years, but repairs as needed and agreed to. This Contract is for a 3-year period, or $150,000, whichever comes first. The work to be performed is a Public Works project and requires the Contractor to pay prevailing wages and submit intents and affidavits to the State. The Contractor shall provide proof of insurance, in accordance with the insurance requirements provided in the contract documents. The City reserves the right to reject any or all BIDS if such action is in the best interest of the City. Subcontractors are not authorized. No minimum volume of work is guaranteed by this Contract. Moses Lake Council Packet 11-23-19, Page 34 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 3/36 CHECKLIST ______________________________________________ The following checked items are included in this bid package: X Cover Page (1 page) X Notice to Contractors (1 page) X Checklist (1 page) X Non-Collusion Declaration (1 page) X Indemnification and Waiver Acknowledgment (1 page) X Proposal (2 pages) X Contract (7 pages) X Washington Payment Bond (3 pages) X Washington Performance Bond (3 pages) X Certification of Compliance with Wage Payment Statutes (1 page) X Contractor’s Declaration of Intent (1 page) X General Requirements (4 pages) X Exhibit A: Insurance Requirements (4 pages) X Exhibit B: Contractor’s Agreement to Pay Prevailing Wage Rates (2 pages) X Special Provisions (2 pages) X Appendix A: Generator Summary Information (8 pages) Moses Lake Council Packet 11-23-19, Page 35 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 4/36 NON-COLLUSION DECLARATION By signing the proposal, I hereby declare, under penalty of perjury under the laws of the State of Washington, that the following statements are true and correct: 1. That the person(s), firm, association, or corporation signing the proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U. S. Department of Transportation (USDOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities. The “hotline” is part of USDOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. from DOT form 272-036H, Revised 10/94 Moses Lake Council Packet 11-23-19, Page 36 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 5/36 INDEMNIFICATION AND WAIVER ACKNOWLEDGMENT ___________________________________________________ INDEMNIFICATION By signing this proposal, I hereby declare under penalty of perjury under the laws of the State of Washington, that I have read Standard Specification 1-07.14 as amended by the Special Provisions and hereby declare and agree to be bound by the indemnification contained therein including the industrial insurance immunity waiver. I also agree that these provisions were mutually negotiated between the parties in the competitive bidding process in connection with the project for which this proposal is submitted. By signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. WAIVER By submitting a bid, I agree to waive all claims that I have or may have against the Owner, the Architect, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of bids. Moses Lake Council Packet 11-23-19, Page 37 of 184 Moses Lake Council Packet 11-23-19, Page 38 of 184 Moses Lake Council Packet 11-23-19, Page 39 of 184 Moses Lake Council Packet 11-23-19, Page 40 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 9/36 CITY OF MOSES LAKE CONTRACT (under $65,000) ____________________________________________________ Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 1 of 7 1. Parties and Date: This contract is entered into at Moses Lake, Washington on _______________ by and between the City of Moses Lake a municipal corporation, and _____________________, a ___________________, herein the Contractor: 2. Agreement: In consideration of the terms and conditions contained herein and those conditions, specifications, and terms attached and made a part of this agreement, the parties covenant and agree as follows: 2.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials, tools, and equipment for the 2022-2024 Generator Service & Repair in accordance with and as described in the plans and specifications furnished by the City of Moses Lake. The Contractor shall perform any alterations in or additions to the work provided under this contract and every part thereof. 2.2 Work shall start on or after a written task order is issued by the City and shall be completed within the time frame written on that task order. 2.3 The City of Moses Lake shall pay the Contractor for the performance of this contract subject to any additions or deductions provided for herein, in a sum not to exceed ($ ), which includes all expenses for material, manpower, equipment, taxes and fees, etc. 2.4 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer significant loss if the contract is not completed and the facilities are not fully usable for their intended purpose within the time specified in paragraph 2.3 above. Therefore, if the work is not completed within the time specified, the Contractor acknowledges that failure to complete the work within that time shall constitute a material breach under the contract entitling the City to terminate and reserving to City all rights to make any claim for actual damages as a result of such failure and termination. City and Contractor further acknowledge that even a minimal delay in the project completion can result in significant Moses Lake Council Packet 11-23-19, Page 41 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 10/36 Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 2 of 7 liability to City and hence any unapproved delay shall constitute a material breach entitling City to its available remedies at law. Upon termination for delay, the Contractor is not entitled to further payment until the work is finished. If the costs to the City in completing the work exceed the unpaid balance, the Contractor shall pay the difference to the City. 2.5 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer financial loss if the work is not completed within the time specified in paragraph 2.3 above. They also recognize the inconvenience, expense and difficulties involved in a legal proceeding to prove the actual loss suffered by the City if the work is not completed within the time allowed in the Contract. Accordingly, the City and the Contractor agree that as liquidated damages for delay, and not as a penalty, the Contractor shall pay the City the sum of $250 per day for each working day this work remains uncompleted and after expiration of the specified time, as liquidated damages. 2.6 The City of Moses Lake promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done, work described above and to complete and finish the same according to the plans and specifications attached hereto as Exhibit 1 and the terms and conditions contained herein and contracts to pay for the same according to the specifications and the proposal attached hereto, at the time and in the manner and upon the conditions provided for in this contract. 2.7 The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does agree to the full performance of all the covenants contained herein upon the part of the Contractor. 2.8 It is further agreed that no liability shall attach to the City of Moses Lake by reason of entering into this contract, except as expressly provided herein. 2.9 The Contractor understands that this Project is subject to Washington state laws governing public works contracts and payment of prevailing wages and shall comply with any and all laws governing public works contracts and projects and payment of prevailing wages. It shall be Contractor’s sole responsibility to determine the prevailing wage amount for each employee and to insure payment thereof. 3. Contractor’s Representations: In order to induce the City of Moses Lake to enter into this Contract, Contractor makes the following representations: Moses Lake Council Packet 11-23-19, Page 42 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 11/36 Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 3 of 7 3.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work. 3.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which were relied upon by Engineer in the preparation of the Drawings and Specifications. 3.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 3.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, exploration, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 3.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 3.5 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 3.6 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 4.Miscellaneous provisions: 4.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regarding insurance, indemnification, and payment of prevailing wages. The provisions of Exhibits A-B Moses Lake Council Packet 11-23-19, Page 43 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 12/36 Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 4 of 7 are incorporated herein as though fully set forth, and are by this reference made a part hereof. 4.2 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, moneys that may become due and moneys 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. 4.3 City and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, contracts, and obligations contained in the Contract Documents. 4.4 The Contractor warrants that the Work furnished shall be free from defects resulting from faulty workmanship, and further warrants that the Work complies with all specified performance criteria. The Contractor agrees to remedy all defects appearing in the Work or developing in the materials supplied and the workmanship performed under this Contract during the warranty period, which shall be two years after date of final acceptance of the Work by the City, and Contractor further agrees to indemnify and save the City harmless from any costs encountered in remedying such defects. A new warranty period equal to that stated in the above paragraph shall apply to parts supplied in replacement of defective parts or to parts renewed in pursuance of this warranty. The warranty period of the remaining parts shall be extended by a period equal to the period during which the Work is unfit for service as a result of a defect covered by this warranty. If Contractor refuses to fulfill Contractor’s obligation under this warranty, or fails to proceed with due diligence after being required to do so, the City may proceed to do the necessary work at the Contractor’s risk and expense. 4.5 It is further provided that no liability shall attach to the City by reason of entering into this contract except as expressly provided herein. 4.6 Before any work at the site is started, Contractor shall deliver to City with copies to the Engineer and each additional insured identified, certificates of insurance which Contractor is required to purchase and maintain in accordance with the Contract Documents. Moses Lake Council Packet 11-23-19, Page 44 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 13/36 Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 5 of 7 4.7 The Contractor shall furnish payment and performance bond in an amount equal to the contract price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. The bond shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. The bond shall be in the form prescribed herein and be executed such sureties as are licensed to conduct business in the State of Washington, and are named in the current list of “companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring companies” as published in circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of authority to act. The surety company executing bonds shall have a Best’s Guide rating A-VII or better. Date on the bond must not be prior to the date of the Contract. If Contractor is Partnership, all partners shall execute the bond. If Contractor is a Limited Liability Company, all members shall execute the bond. ENCLOSED BOND FORM MUST BE USED. 4.7A On projects less than sixty-five thousand dollars ($65,000.00), the City will accept the Contractor’s request to withhold 10 percent retainage in lieu of bonds. For projects less than $10,000.00, the City waives the requirement of bonds, retainage, and liquidated damages. 4.8 The Contract is made with reference to and shall be construed in accordance with the laws of the State of Washington. If a dispute arises under this Contract, resort shall be to litigation and jurisdiction and venue shall be in the Superior Court of Grant County, State of Washington. 5.Claims Procedure 5.1 If the parties fail to reach agreement on the terms of any Change Order for City-directed Work, or on the resolution of any request for an equitable adjustment in the Contract Sum or the Contract Time, Contractor's only remedy shall be to file a Claim with City as provided in this Section. 5.2 Contractor shall file its Claim within the earlier of 30 days from City's final offer or the date of Completion. Any Claim shall be personally delivered to the City and shall be deemed filed on the date it is personally delivered to the Owner at the following address: City of Moses Lake Public Works Administration Office 11789 Road 4 NE Moses Lake, WA 98837 Moses Lake Council Packet 11-23-19, Page 45 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 14/36 Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 6 of 7 5.3 The Claim shall be deemed to cover all changes in cost (including direct, indirect, impact, and consequential) and time to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information: a. A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; b. The date on which facts arose that gave rise to the Claim; c. The name of each employee of City and Contractor knowledgeable about the Claim; d. The specific provisions of the Contract Documents which support the Claim; e. The identification of any documents and the substance of any oral communications that support the Claim; f. Copies of any identified documents, other than the Contract Documents, that support the Claim; g. If an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; h. If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown of that amount into the categories set forth in, and in the required detail; and i. A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor's knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor believes the City is liable. 5.4 After Contractor has submitted a fully documented Claim that complies with all applicable provisions of this Contract, the City shall respond in writing to Contractor. 5.5 To assist in the review of Contractor's Claim, the City may visit the Project site, or request additional information, in order to fully evaluate the issues raised by the Claim. Contractor shall proceed with performance of the Work pending final resolution of any Claim. The City's written decision as set forth above shall be final and conclusive as to all matters set forth in the Claim. Moses Lake Council Packet 11-23-19, Page 46 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 15/36 Project: 2022-2024 Generator Service & Repair Unit Price Contract No. 412.2021.01 Page 7 of 7 5.6 Any Claim of the Contractor against the City for damages, additional compensation, or additional time, shall be conclusively deemed to have been waived by the Contractor unless timely made in accordance with the requirements of this Section. 6. Execution: Executed the day and year written above. CITY OF MOSES LAKE, WASHINGTON ___________________________________________ Municipality Contractor ___________________________________ ___________________________________________ David Bren, Municipal Services Director Signature and Title ___________________________________ ___________________________________________ Date Typed Name and Title APPROVED AS TO FORM: _____________________________________ Katherine Kenison, City Attorney Moses Lake Council Packet 11-23-19, Page 47 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 16/36 WASHINGTON PAYMENT BOND ____________________________________________________ Unit Price Contract No. 412.2021.01 Bond No. ____________________ Bond Amount $____________________ KNOW ALL MEN BY THESE PRESENTS: that ______________________________________________________________________________ (Name of Contractor) ______________________________________________________________________________(Address of Contractor) a ___________________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual) and ______________________________________________________________________________ (Name of Surety) ______________________________________________________________________________ (Address of Surety) a corporation duly authorized to do a general surety business in Washington, hereinafter called Surety, are jointly and severally held and firmly bound unto the Owner,__________________, and the State of Washington, the obligees herein, in the sum of ________________________________________ (Dollars) ($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner in accordance with applicable industry standards, regulatory requirements and Owner-supplied specifications dated the _______ day of _________________, 20____, a copy of which is attached and made a part hereof for the construction of: 2022-2024 Generator Service & Repair NOW, THEREFORE, if the Principal shall promptly make payment to all laborers, mechanics, and subcontractors and materialmen and to all persons, firms, corporations, or other entities who furnish equipment, materials, provisions and supplies for or perform labor or other services in carrying on of such Work provided for in such Contract and any authorized extension or modification thereof, including all amounts due for materials, lubricants, provisions, supplies, gasoline, water, power, light, heat, telephone service, repairs on machinery, equipment and tools consumed or used in connection with such Work, and all insurance premiums on said Work, and for all labor performed in such Work whether by subcontractors or Moses Lake Council Packet 11-23-19, Page 48 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 17/36 otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any subcontractor or other person in the performance of any such work. PROVIDED FURTHER that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder, or the Contract Documents accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, FURTHER, that the said Surety hereby stipulates and agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed pursuant to RCW Chapter 39.08 in ____________ counterparts, each one of which shall be deemed an original, this the ________ (number) day of ___________________, 20____. PRINCIPAL: (Signature must be notarized) SURETY: (Signature must be notarized) By: _____________________________________ By: _____________________________________ Print: _____________________________________ Print: _____________________________________ Title: _____________________________________ APPROVED AS TO FORM BY CITY ATTORNEY: By: _____________________________________ Date: _____________________________________ NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. If Contractor is a Limited Liability Company, all members, or managers if manager-managed, should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the Surety at the time of the signing of this bond. The Surety agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have a Best’s Guide rating A-VII or better. All signatures on bond must be original. Moses Lake Council Packet 11-23-19, Page 49 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 18/36 STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of PRINCIPAL, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 20____. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of SURETY, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 20___. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 11-23-19, Page 50 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 19/36 WASHINGTON PERFORMANCE BOND ____________________________________________________ Unit Price Contract No. 412.2021.01 Bond No. ____________________ Bond Amount $____________________ KNOW ALL MEN BY THESE PRESENTS: that ______________________________________________________________________________ (Name of Contractor) ______________________________________________________________________________ (Address of Contractor) a ___________________________________________________, hereinafter called Principal, (a Corporation, Partnership or Individual) and ______________________________________________________________________________ (Name of Surety) _____________________________________________________________________________ (Address of Surety) a corporation duly authorized to do a general surety business in Washington, hereinafter called Surety, are jointly and severally held and firmly bound unto the Owner, __________________________________, and the State of Washington, the obligees herein, in the sum of _____________________________________________________________(Dollars) ($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner in accordance with applicable industry standards, regulatory requirements and Owner-supplied specifications, dated the _______ day of ___________ ________, 20___, a copy of which is attached and made a part hereof for the construction of: 2022-2024 Generator Service & Repair NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the two-year guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully defend and indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay all outlay and expense which the Owner Moses Lake Council Packet 11-23-19, Page 51 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 20/36 may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any subcontractor or other person in the performance of any such work. PROVIDED, FURTHER, that the said Surety hereby stipulates and agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. No right of action shall accrue upon, or by reason hereof to, or for the use or benefit of, anyone other than the Owner. IN WITNESS WHEREOF, this instrument is executed pursuant to RCW Chapter 39.08 in ____________ counterparts, each one of which shall be deemed an original, this the ________ (number) day of ___________________, 20____. PRINCIPAL: (Signature must be notarized) SURETY: (Signature must be notarized) By: _____________________________________ By: _____________________________________ Print: _____________________________________ Print: _____________________________________ Title: _____________________________________ APPROVED AS TO FORM BY CITY ATTORNEY: By: _____________________________________ Date: _____________________________________ NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. If Contractor is a Limited Liability Company, all members, or managers if manager-managed, should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the Surety at the time of the signing of this bond. The Surety agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have a Moses Lake Council Packet 11-23-19, Page 52 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 21/36 Best’s Guide rating A-VII or better. All signatures on bond must be original. STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of PRINCIPAL, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 20____. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that__________________________ is the person who appeared before me and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as ______________________ of SURETY, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:_____________________, 20___. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington, residing at:___________________________ My commission expires:________________ Moses Lake Council Packet 11-23-19, Page 53 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 22/36 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES ____________________________________________________ The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date OCTOBER 26, 2021, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder’s Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. Moses Lake Council Packet 11-23-19, Page 54 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 23/36 CONTRACTOR’S DECLARATION OF INTENT CITY OF MOSES LAKE _______________________________________________________________________________________________ 2022-2024 Generator Service & Repair Contract No.: 412.2021.01 Contractor: ____________________________________________________________________________ Pursuant to RCW 60.28.010, all Contractors are required to exercise their option in writing prior to the first payment, to have retainage monies: (1) Retained in a fund by the public body. _____ I hereby REQUEST that retainage on the above contract be placed in a non-interest-bearing account and have signed that agreement below. (2) Deposited by the public body in an interest bearing account. _____ I hereby REQUEST that retainage on the above contract be placed in an interest bearing account and have signed that agreement below. (3) Placed in escrow with a bank or trust company by the public body. _____ I hereby REQUEST that retainage on the above contract be placed in escrow and have signed that agreement. (4) Paid to them and submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the City. _____ I hereby REQUEST a bond in lieu of retainage on the above contract and have signed that agreement. In the event that it is desired to place retained monies in escrow, it will be necessary that the Contractor enter into an escrow agreement with the city-named bank. That agreement shall be executed on forms furnished by the City. The escrow agreement must be completed and approved prior to any monies being placed in escrow. Signature and Title___________________________________ Date_____________________ Moses Lake Council Packet 11-23-19, Page 55 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 24/36 GENERAL REQUIREMENTS ____________________________________________________ All Work shall be in accordance with the 2020 Community Street and Utility Standards, which standards adopt and revise the 2020 Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction. The General Provisions and Special Provisions within this request for BIDS are amendments to the 2020 Community Street and Utility Standards. 1.0 DELIVERY OF BID The Contractor’s BID shall be submitted to the City either by mail or hand delivery to the address listed below no later than October 26, 2021; 2:00 p.m. Mailed or hand delivered BIDS shall be plainly marked with 2022-2024 Generator Service & Repair. Mail to: Drop off: City of Moses Lake City of Moses Lake Public Works Public Works Administration Office PO Box 1579 11789 Road 4 NE Moses Lake, WA 98837 Moses Lake, Washington 2.0 INTERPRETATION No oral interpretations will be made to any bidder as to the meaning of the terms described herein. Interpretations, if made, will be written the form of an addendum and sent to all registered bidders. 3.0 REJECTION OF BID The City reserves the right to reject any or all BIDS if such action is in the best interest of the City. 4.0 BASIS FOR AWARD The proposal is based on a typical task order for even years when service and load tests will be performed on all or most generators and Contract award will be based on all information contained in the bid as well as the unit price and materials being offered. In order to be considered responsive, the bid shall be completed in all respects. The City will evaluate all bids and will determine the Contractor that will be in the best interest of the City. 5.0 SIGNATURE AND ELIGIBILITY The prices for work and names and addresses of the Bidder(s) shall be clearly and legibly written. Signatures shall be signed in the spaces provided and in compliance with all legal requirements. 6.0 CODES AND STANDARDS Moses Lake Council Packet 11-23-19, Page 56 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 25/36 The Contractor shall comply with all applicable local and state codes and standards. Where conflicts exist from one code to another, the more stringent shall apply. 7.0 LICENSE AND PERMITS The Contractor shall have and maintain a current City of Moses Lake Business License. 8.0 CONDITIONS OF AWARD A. Proposal: The Contractor shall satisfy the following requirements before a bid will be Awarded to them. The information shall be provided on the Proposal form. 1. The Contractor is a licensed, bonded, and registered Contractor in Washington State. This item only for Public Works Contracts. 2. The Contractor’s current UBI number. 3. The Contractor’s current Industrial Insurance. 4. The Contractor’s current Employment Security Department number. 5. The Contractor’s State Excise Tax number. B. Prior to Award: The City of Moses Lake will verify the Contractor has the following: 1. Current City of Moses Lake business license. 2. Registered with the Office of the Secretary of State. 3. Registered with and has an open account with the Department of Revenue. 4. Registered as a construction Contractor with the Washington State Department of Labor and Industries (L&I) and has active status, when applicable. 5. Current workers’ comp premiums and current Contractor registration with L&I. C. Within 10 working days after the notification of award, the following forms shall be provided to the City. 1. Signed Contract. The signature on the Contract shall be from a governing person of the company, as registered with the Office of the Secretary of State, with the exception of companies with one governing person. If not listed as a governing person, acceptable forms of signing authority include: corporate resolution, corporation bylaws, or operating agreement that indicates signing authority. The Contract will not be executed by the City until proof of signing authority is accepted by the City. 2. Performance and Payment Bonds. On projects less than $65,000, the City may accept a Contractor’s request to withhold 10 percent retainage in lieu of bonds; and on projects less than $10,000, the City waives bonds and retainage: provided a 1-year warranty on the work is not waived by the Contractor. 3. Proof of Insurance, including a copy of all required endorsements. All certificates and endorsements for this contract shall include the contract name and number; and reference The City of Moses Lake Public Works Division. 4. Contractor’s Declaration of Intent. Moses Lake Council Packet 11-23-19, Page 57 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 26/36 9.0 SUBCONTRACTORS Subcontractors are not authorized. 10.0 NOTICE TO PROCEED After a task order is given by the City, the Contractor shall order all materials and equipment required to complete the task order. The City and Contractor shall then set a schedule for the work. Work shall be completed within 10 consecutive working days after start date. 11.0 HOURS OF WORK Except in the case of emergency, or as approved by the City Council, the project working hours shall be between 7:30 a.m. and 6:00 p.m. of a working day. The Contractor shall provide a schedule of the hours to be worked, and shall notify the Public Works Division Director of all changes to the schedule as work progresses. Working days are Monday through Friday, and do not include the following holidays: January 1 The third Monday of January The third Monday of February Memorial Day July 4th Labor Day November 11 Thanksgiving Day The day after Thanksgiving Christmas Day When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days. 12.0 REPAIR OF DAMAGE The Contractor is responsible for all damages to adjacent improvements that are caused by the Contractor’s actions. The Contractor shall repair or replace all damaged improvements at no cost to the City. 13.0 ACCEPTANCE OF WORK The work will be accepted by the City after all of the following events have occurred: A.The work is substantially completed.B.The Public Works Division Director has inspected and approved the work.C.The Municipal Services Director has accepted the project. Moses Lake Council Packet 11-23-19, Page 58 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 27/36 14.0 PAYMENT A. The City shall receive an approved copy of the “Intent to Pay Prevailing Wages” from the L&I prior to making any payment to the Contractor for the work on an annual basis,January 1 to December 31. The prevailing wage rates may be reviewed at the following URL:www.prevailingwage.lni.wa.gov, and are also available for review at the Public WorksAdministration Office at 11789 Road 4 NE, Moses Lake,Washington. Prevailing wages for all work performed pursuant to each task order must be prevailing wage rates in effect at the beginning date for each contract year. The City will make payment to the Contractor, less retainage, after the work for each task orderis accepted by the City, the City receives an approved copy of the “Intent to Pay Prevailing Wages” from the Contractor annually, from January 1 to December 31, and the Contractor has provided an invoice for the completed work. B. The City will process the release of retainage for each task order after the following eventshave occurred: 1. The 60-day lien period has ended, which begins on the day of acceptance of the task orderby the City. 2. The City has received an approved copy of the “Affidavit of Wages Paid” from L&I for the Contractor annually, from January 1 to December 31 of each year. Moses Lake Council Packet 11-23-19, Page 59 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 28/36 INSURANCE REQUIREMENTS _______________________________________________________________________________________________ EXHIBIT A Indemnification / Hold Harmless The Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. A. Insurance Term The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. B. No Limitation Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Contractors required insurance shall be of the types and coverage as stated below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Owner shall be named as additional insureds under the Contractor’s Commercial General Liability insurance policy with Moses Lake Council Packet 11-23-19, Page 60 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 29/36 respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State ofWashington. 4.Builders Risk insurance covering interests of the Owner, the Contractor, Subcontractors, and Sub- subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insureagainst the perils of fire and extended coverage and physical loss or damage including flood, earthquake,theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage fortemporary buildings, debris removal, and damage to materials in transit or stored off-site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by theOwner upon written request by the Contractor and written acceptance by the Owner. Any increaseddeductibles accepted by the Owner will remain the responsibility of the Contractor. The Builders Riskinsurance shall be maintained until the Owner has granted substantial completion of the project. 5.Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as theContractor’s Commercial General Liability and Automobile Liability insurance. The Owner shall be namedas additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy. The Excess orUmbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted. D.Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $1,000,000 eachoccurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3.Builders Risk insurance shall be written in the amount of the completed value of the project with nocoinsurance provisions. 4.Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 or other per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through the Contractor’s Commercial General Liability and Automobile Liability insurance,or any combination thereof that achieves the overall required limits. E.Owner Full Availability of Contractor Limits If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those Moses Lake Council Packet 11-23-19, Page 61 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 30/36 required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. F.Other Insurance Provision The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor’s insurance and shall not contribute with it. G.Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences. H.Waiver of Subrogation The Contractor and the Owner waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. I.Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to do business in the state of Washington. J.Verification of Coverage Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Owner a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage. K.Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Moses Lake Council Packet 11-23-19, Page 62 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 31/36 Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13. L. Notice of Cancellation The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. M. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall include paid claims, reserve claims, and potential claims. N. Deductible Any insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total "Amount of Bid." O. Property Insurance Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, subcontractors or others in the Work. Moses Lake Council Packet 11-23-19, Page 63 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 32/36 CONTRACTOR’S AGREEMENT TO PAY PREVAILING WAGE RATES _______________________________________________________________________________________________ EXHIBIT B Contractor’s Agreement to Pay Prevailing Wage Rates In accordance with the laws of the State of Washington, Chapter 39.12 RCW, the hourly wage to be paid to laborers, workmen or mechanics upon all public works of this State and upon the Work contemplated in this Contract shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the State where such labor and Work herein contemplated is to be performed. All laborers, workmen or mechanics shall be paid not less than the minimum hourly rate of wage as determined by the State Industrial Statistician which rates shall be incorporated into this Contract by reference; provided, however, nothing herein contained shall be construed to prohibit the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the Work under this Contract from paying any such laborers, workers or mechanics wages in excess of the hourly minimum rate above specified. The Contractor, on or before the date of commencement of the Work, shall file a Statement of Intent to Pay Prevailing Wages with the Owner and with the Director of Labor and Industries certifying the rate of hourly wage, including fringe benefits, paid and to be paid each classification of laborers, workers, or mechanics employed upon the Work by the Contractor or subcontractor which shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. Wage rates so filed will be checked against prevailing wage rates determined by the Industrial Statistician of the Department of Labor and Industries. If the wage rates are correct, the Department will issue an acknowledgment of approval to the Contractor with a copy to the Owner. If any incorrect wage rates are included, the Contractor will be notified of the correct rates by the Department, and approval will be withheld until a correct statement is received. Forms for filing a Statement of Intent are available from the Supervisor of Industrial Relations, Department of Labor and Industries, General Administration Building, Olympia, Washington. Each request submitted by the Contractor for a progress payment on a Project estimate shall state that the prevailing wages have been paid in accordance with the prefiled Statement of Intent to pay prevailing wages on file with the Department of Labor and Industries and approved by the Department. Certified wage affidavit listing all classifications and applicable wages paid will not be required for each progress estimate payment, other than the above statement. At the conclusion of the Project, the Contractor and its subcontractors shall submit affidavits of wages paid to the Industrial Relations Division, Department of Labor and Industries, General Administration Building, Olympia, Washington, 98504, for certification. Form "Affidavit of Wages paid on Public Works Contract" Moses Lake Council Packet 11-23-19, Page 64 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 33/36 or a similarly constructed form shall be filed to secure the certification of the Director of the Department of Labor and Industries of the State of Washington. Final payment on the contract will be withheld until the Owner has received certification by the Director that the prevailing wage requirements of the law have been satisfied. The prevailing rate of wages to be paid to all workers, laborers or mechanics employed in the performance of any part of this Contract shall be in accordance with the provisions of Chapter 39.12 RCW as amended. The rules and regulations of the State of Washington Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Contract will be performed as determined by the Industrial Statistician of the State of Washington Department of Labor and Industries are by reference made a part of this Contract as though fully set forth herein. In as much as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates before submitting proposals based on these Contract Documents. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties of interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington, and his decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the Industrial Statistician upon request from the Industrial Relations Division, Department of Labor and Industries, Olympia, Washington, 98504. The Owner does not guarantee that labor can be procured for the minimum wages in the wage scale. The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. The Contractor shall ascertain the wages above the minimum set forth that the Contractor may have to pay. Prevailing wage data as of the date specified is included herein as Part 5 for the Contractor’s reference. Moses Lake Council Packet 11-23-19, Page 65 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 34/36 SPECIAL PROVISIONS ____________________________________________________ 1.0 DESCRIPTION This is a multi-year contract to start on January 1, 2022, and will expire on December 31, 2024. The bid for this multiple-year contract will be based on the proposal quantities that are based on a typical “even” year in including all of the generators to be serviced and load tested, an estimated 5 hours of additional repairs, and an estimated two (2) task orders (travel expenses per each task order). Parts and materials for repairs will be determined at the time of the repairs in accordance with the contract. Parts and materials for repairs are not included in the proposal, but will be as agreed to between the City and the Contractor. Parts and materials for servicing a generator are included in the unit price for the service. Work will be based on the unit prices included in the proposal, as directed and agreed to by Task Orders that are issued by the City and signed by the Contractor. Multiple task orders may be issued and agreed to in a single year; however, the intent is to issue task orders for servicing and load testing all of the generators at the beginning of even years (2022 and 2024); then, add Task Orders for repairs and additional service on an as-needed basis. The cost of travel is included in the proposal. The proposal estimates that on an even year, two task orders will be issued. One task order for the services and load tests, and a second task order for repairs. On odd years, it is estimated that one Task Order would be issued when needed for repairs. The Contractor shall inspect, service, and load test stand-by generators for the City. A current list of generators is included in the Proposal and listed in Appendix A. Generators may be added to the list as agreed to between the City and the contractor. Additional work on generators may be authorized as agreed to between the City and the Contractor. The City may issue and award separate bids for services and repairs for generators when the contractor and the City do not agree on the work and prices in accordance with the contract, in the event that the contractor is not able to perform the work, or when the work would exceed the contract limit. 2.0 MATERIALS Filters for air, coolant, fuel, and oil shall match the filters being replaced. Other filters may be authorized by the Wastewater Division Manager. All oil shall be Schaeffer Supreme 7000 15w-40, unless otherwise authorized by the Wastewater Division Manager. Moses Lake Council Packet 11-23-19, Page 66 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 35/36 3.0 GENERATOR SERVICE REQUIREMENTS The Contractor shall perform services for each generator: Generator Inspection, Generator Service, Generator Load Testing. 3.1 GENERATOR SERVICE The Contractor shall provide and use an oil test kit for each generator. The Contractor shall sample the oil in each generator for contaminants prior to changing the oil. The contractor shall provide the results of the oil test kits to the Wastewater Division Manager. The Contractor shall provide and replace all filters for air, oil, fuel, and coolant on each generator. The Contractor shall provide and change all engine oil and dispose of all waste oil and used filters. The City does not provide a disposal site for the used oil. 3.2 GENERATOR INSPECTION The Contractor shall check coolant levels, sample and record coolant freeze levels, and check fuel system components. The Contractor shall start each engine and exercise each engine for one-half hour. The Contractor shall test transfer switches, record amps and hertz, record oil pressures, record coolant temperatures, and record alternator output voltages for each generator. The Contractor shall perform safety and alarm checks for each generator. The Contractor shall provide the Wastewater Division Manager a summary of the inspection reports and data recorded for each generator. 3.3 GENERATOR LOAD TESTING The Contractor shall provide a 2-hour full load test for each generator. Each load test shall include: cable set-up, tie-in, load set-up, and tear down. The Contractor shall submit a load test report to the Wastewater Division Manager for each generator. Each load test report shall include engine performance checks and generator performance checks. 4.0 MEASUREMENT Measurement will be made for “Service Generator” per lump sum. No measurement will be made for filters, oil, lubricants, mileage and transportation to and from each site, or any other item material, labor, or equipment required to complete all services, inspections, load tests, and summary reports required by the Contract. Measurement for “Travel Per Each Task Order” shall be per lump sum for each Task Order issued by the City and completed by the Contractor. Measurement for “Troubleshoot & Repairs” shall be measured for each hour that the contractor is at the site for troubleshooting and repairs, rounded up to the next hour. Moses Lake Council Packet 11-23-19, Page 67 of 184 2022-2024 Generator Service & Repair – Unit Price Contract No. 412.2021.01 Page 36/36 No measurement will be made for parts. Parts required for “Service Generator” are included in the cost of the service. Parts required for repairs will be determined and as agreed to between the contractor and the City prior to issuance of the task order for the repairs. 5.0 PAYMENT The following items will be paid in accordance with the terms of the Contract: “Service Generator” per lump sum. The unit contract price per lump sum for “Service Generator” shall be full payment for all labor, equipment, and materials to service, inspect, and load test each generator, and to provide summary reports of the inspections and tests as required by the Contract. “Travel per Each Task Order” per lump sum. The unit contract price per lump sum for “Travel per Each Task Order” shall be full payment for all labor, equipment, and materials to travel to and from the work sites listed on each task order, including all fuel, travel expenses, lodging, meals, and other expenses associated with the task order. “Troubleshooting and Repairs” per hour. The unit contract price per hour for “Troubleshooting and Repairs” shall be full payment for all labor, and equipment required to diagnose and repair generators listed in the Task Order. Payment for parts required for repairs shall be as agreed to between the City and the contractor for each repair, and will be included on the Task Order issued for the repairs. 5.1 ANNUAL INCREASE The City will consider an annual increase each year if the contractor provides a written request on or before June 1 of each year. The increase will be based on the annual January to January West Coast Cities CPI- index, and the prevailing wages that are pertinent to this contract. The annual contract unit prices shall run from January 1 through December 31 of each year. Unit pricing shall remain in effect each year through December 31 of each year. Any increase in pricing authorized by the City will commence on January 1, following the price increase. Moses Lake Council Packet 11-23-19, Page 68 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13, 20211. Peninsula: Address: 817 S. Pennivy StreetMake: Caterpiliar (dieselMotor Model: C-7Motor Serial No.: E 5500175Gen Set Model: C7.1175kwGen Set Serial No.: ETG00324Oil Type:Oil Capacity: 6^Filter Type: NAPA 7325Fuel Filter: 360-8960Coolant Filter:Air Filter: 262-5194Current Hours:Last Service: date 02/26/2020 hours.Next to Last Service: date hoursCity Inspector Date2. Main: Address: 523 S. Beech StreetMake: Caterpillar (diesel)Motor Model: C-9Motor Serial No.: 5910 1080Gen Set Model: C9 250kwGen Set Serial No.: NGP00501Oil Type:Oil Capacity: 8^Filter Type: NAPA 7792 Gasket 209-7290Fuel Filter: lR-0762-3640 Separator NAPA 3606Coolant Filter:Air Filter:262-5194Current Hours:Last Service: date hoursNext to Last Service: date hours.City Inspector DateAppendix a i/sMoses Lake Council Packet 11-23-19, Page 69 of 184 3. Nelson:Wastewater DivisionGenerator SpecificationsSeptember 13,2021Address: 1304 S. Lakeway DriveMake: Caterpillar (diesel)Motor Model: C-9Motor Serial No.: S9P01048Gen Set Model: C9 250kwGen Set Serial No.: NGP00502Oil Type:Oil Caoacitv: 8.5Filter Type: NAPA 7792Fuel Filter: NAPA 3640Coolant Filter:Air Filter:262-5194Current Hours:Last Service: date 02/25/2020Next to Last Service: dateSeparator NAPA 3606hourshoursCity InspectorDate4. Wheeler: Address: 616 E. Wheeler RoadMake: Caterpillar (diesel)Motor Model: 4.41Motor Serial No.:Gen Set Model: C4.4 lOOkwGen Set Serial No.: LC500570Oil Type:Oil Capacity:_4.Filter Tvoe: NAPA 1459Fuel Filter: NAPA 3076Coolant Filter:Air Filter: NAPA 6652Current Hours:Last Service: date 02/24/2020Separator NAPA 601000hoursNext to Last Service: datehoursCity InspectorDate2022-2024 Generator Service & RepairUnit Price Contract No. 412.2021.01Appendix A 2/8Moses Lake Council Packet 11-23-19, Page 70 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13,20215. Carnation: Address: 12975 NE Wheeler RoadMake: Generac (diesel)Motor Model: MitsubishiMotor Serial No.: SD080.80 kwGen Set Model: Generac 314280100Gen Set Serial No.: 2072120Oil Type:Oil Capacity:Filter Tvoe: NAPA 167SFuel Filter: NAPA 3397Coolant Filter:Air Filter: S467S9Current Hours:Last Service: date 02/24/2020 hours.Next to Last Service: date hoursCity Inspector Date6. LWTP: Address: 6691 NE Randolph RoadMake: CumminsMotor Model: DBOK SS8S396-A. 12S kw Engine 6BTAS.9G-3Motor Serial No.: 46268767Gen Set Model: OnanGen Set Serial No.: K020442316Oil Type:Oil Capacity: ±Filter Type: NAPA 1607Fuel Filter: NAPA 33S8Coolant Filter:Air Filter: NAPA 2676Current Hours:Last Service: date 02/21/2020 hours.Next to Last Service: date hoursCity Inspector Date2022-2024 Generator Service & Repair Aw^rkAilHiv AUnit Price Contract No. 412.2021.01 AppCDUlA A J/OMoses Lake Council Packet 11-23-19, Page 71 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13,20217. EKAGenerator:Address: 2679 Road "N" NEMake: Caterpiliar (diesel)Motor Model: 4.4LMotor Serial No.: E320097Gen Set Model: C4.4 D40LC2Gen Set Serial No.: MZT00159Oil Type:Oil Capacity:Filter Type: NAPA 1459Fuel Filter: NAPA 3804Coolant Filter:Air Filter: NAPA 6652Current Hours:Last Service: date 02/25/2020Next to Last Service: dateWater Filter NAPA 4072hourshours^Generator currently not in service. Will require service when installed at its newlocation on 2679 Road "N'' NE.City InspectorDate8. COP:Address: 1303 W. Lakeside DriveMake: Caterpillar (diesel)Motor Model: C-18Motor Serial No.: FST 01349Gen Set Model: CISGen Set Serial No.: NAW00390Oil Type:Oil Capacity: 16Filter Tvpe: NAPA 7792 X 2Fuel Filter: NAPA 3674Coolant Filter:Air Filter: 7L-1571 X2Current Hours:Last Service: date 02/21/2020Next to Last Service: dateSeparator 326-1641hourshoursCity InspectorDate2022-2024 Generator Service & RepairUnit Price Contract No. 412.2021.01Appendix A 4/8Moses Lake Council Packet 11-23-19, Page 72 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13,20219. Dunes: Address: 1801 NE Road KMake: Caterpillar (diesel)Motor Model: 3456Motor Serial No.: 7WG 02780Gen Set Motor: Cat 3456. 350 kwGen Set Serial No.: SR4B CEA00665Oil Type:Oil Capacity: 10_Filter Type: NAPA 1792Fuel Filter: NAPA 3780Coolant Filter:Air Filter: NAPA 2803Current Hours:Last Service: date 02/21/2020 hours.Next to Last Service: date hoursCity Inspector Date10. Dunes Lab: Address: 1801 NE Road KMake: Caterpillar (diesel)Motor Model: 4.4LMotor Serial No.:Gen Set Model: D100-6Gen Set Serial No.: LC500569Oil Type:Oil Capacity:.2.Filter Type: NAPA 1459Fuel Filter: NAPA 3076 Separator NAPA 601000Coolant Filter:Air Filter: 901-048Current Hours:Last Service: date 02/21/2020 hours.Next to Last Service: date hoursCity Inspector Date2022-2024 Generator Sei^ce A Repair AppCndiX A 5/8Unit Price Contract No. 412.2021.01 nMoses Lake Council Packet 11-23-19, Page 73 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13,202111. Division: Address: 802 S. Division StreetMake: Caterpillar (diesel)Motor Model: D80-6. 80 kwMotor Serial No.: E5A00484Gen Set Model: Cat 0QC44TD4B02637Gen Set Serial No.:Serial No.:Oil Type:Oil Capacity:_2_Filter Type: NAPA 1459Fuel Filter: NAPA 3076 Separator 308-7298Coolant Filter:Air Filter: NAPA 2330Current Hours:Last Service: date 02/24/2020 hours_Next to Last Service: date hoursCity Inspector Date12. M.P. Booster: Address: 1938 NE Westshore DriveMake: Cummins Onan (diesel)Motor Model: DGCA50041345. 50 kwMotor Serial No.: 46160718Gen Set Model: DGC50041345Gen Set Serial: K010303854Oil Type:Oil Capacity:AFilter Type: NAPA 1602Fuel Filter: NAPA 3472Coolant Filter:Air Filter: NAPA 1602Current Hours:^Last Service: date 02/25/2016* hours_Next to Last Service: date hours*This was scheduled in 2020, but information obtained at site in September 2021indicates the service date was either not updated, or the service was omitted.City Inspector Date2022-2024 Generator Service & Repair A rifl Afl H i Y A (\l^^Unit Price Contract No. 412.2021.01 /VppeUUlA VfOMoses Lake Council Packet 11-23-19, Page 74 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13,202113. Sun Terrace: Address: 503 N. Towhee StreetMake: Caterpillar (diesel)Motor Model: D80-6.80 kw 3054CMotor Serial No.: E4M03564Gen Set Model: Cat OOC44TN4E0O879Gen Set Serial No.:Oil Type:Oil Capacity:_2_Filter Type: NAPA 1459Fuel Filter: NAPA 3804Coolant Filter:Air Filter: NAPA 9182Current Hours:Last Service: date 02/20/2020 hours 351Next to Last Service: date hoursCity Inspector Date14. Sage Bay: Address: 513 Edgewater LaneMake: Cummins Onan (diesel)Motor Model: DBOK 5585396-A. 125 kw 4BTAA 3.3G7Motor Serial No.: 72010173Gen Set Model: DGOK 5585396-AGen Set Serial No.:Oil Type:Oil Capacity: 4.5Filter Type: NAPA 1348Fuel Filter: NAPA 3616Coolant Filter:Air Filter: NAPA 9021Current Hours:Last Service: date 02/20/2020 hours_Next to Last Service: date hours*This will move to Northshore Lift Station when it is built, and then willbe renamed "Northshore Generator".City Inspector Date2022-2024 Generator Service & Repair A H1 v A 7/52Unit Price Contract No. 412.2021.01 /^|J|JC11U1A / / OMoses Lake Council Packet 11-23-19, Page 75 of 184 Wastewater DivisionGenerator SpecificationsSeptember 13,202115. Fire Station 1: Address: 701 E. Third Avenue (Building Maintenance Division)Make: Generac (Natural Gas)Motor Model:Motor Serial No.:Gen Set Model: Generac 96A04621-SGen Set Serial No.:_Oil Type:Oil Capacity:.Filter Type:_Fuel Filter:Coolant Filter:.Air Filter:Current Hours:Last Service: date hoursNext to Last Service: date hoursCity Inspector Date16. Police/Parks: Address: 411S. Balsam (Building Maintenance Division)Make: Cummins (Natural Gas)Motor Model:Motor Serial No.:Gen Set Model: C20N6Gen Set Serial No.: A190491814Oil Type:Oil Capacity:.Filter Type:_Fuel Filter:Coolant Filter:.Air Filter:Current Hours:Last Service: date 03/19/2019 (installed) hours.Next to Last Service: date hoursCity Inspector Date2022-2024 Generator Service & Repair A 8/8Unit Price Contract No. 412.2021.01 APPCOUIX AMoses Lake Council Packet 11-23-19, Page 76 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: David Bren, PE, Municipal Services Director Date: November 15, 2021 Proceeding Type: Consent Agenda Subject: Authorize Industrial Wastewater Discharge Permit No. 4 REC Solar Grade Silicon, LLC Legislative History: •First Presentation: November 23, 2021 •Second presentation: •Action: Motion OVERVIEW: REC Solar Grade Silicon, LLC is a significant City wastewater system user and is required to have an industrial waste discharge permit from the DOE and the City of Moses Lake. All discharge permits expire in five years and are required to be renewed to continue discharging to the City’s wastewater system. STAFF REPORT SUMMARY: Attached is a copy of the proposed Industrial Wastewater Discharge Permit No. 4 for REC Solar Grade Silicon, LLC. This permit will allow REC Solar Grade Silicon, LLC to continue their discharge to the City’s Publicly Owned Treatment Works (POTW) for an additional five years prior to renewal. Moses Lake Council Packet 11-23-19, Page 77 of 184 Page 2 of 2 FISCAL AND POLICY IMPLICATIONS: NONE LEGAL REVIEW: NONE ATTACHMENT: A. Industrial Wastewater Discharge Permit No. 4 OPTIONS: Option Results • Authorize the City Manager to execute the permit. The industry will continue to discharge their wastewater to the City’s system. • Take no action. The industry will have to pursue other options for their wastewater. STAFF RECOMMENDATION: Staff recommends the City Council authorize the City Manager to execute the Industrial Waste Discharge Permit No. 4 for REC Solar Grade Silicon, LLC. Moses Lake Council Packet 11-23-19, Page 78 of 184 CITY OF MOSES LAKEINDUSTRIAL WASTE DISCHARGE PERMIT NO. 4 (ST0008I21)REG Solar Grade Silicon, LLC3322 Road N NEMoses Lake, Washington 98837Effective Date: January 1,2022Expiration Date: December 31,2026INTRODUCTIONThis wastewater discharge permit is hereby granted by the City of Moses Lake, Washington, referred to as the City, to REC SolarGrade Silicon, LLC referred to as the Permittee. This permit is issued in conjunction with the Washington State Department ofEcology Permit No. ST0008121. This permit authorizes Permittee to discharge wastewater from the permittee's Industrial Facility intothe City's POTW in accordance with the conditions contained within this permit. The permit becomes effective as of the date signedby the City. "GENERAL CONDITIONS1. All discharges and activities authorized herein shall be consistent with the terms and conditions of this permit. The dischargeof any pollutant not authorized by this permit shall constitute a violation of the terms and conditions of this permit.Whenever the Permittee refuses to take corrective action or continues a violation, the imposition of civil penalties ortermination of this permit may result, or both. Termination of this permit may require disposal of the wastewater in somemanner other than into the private sewer or to the City's POTW, at the expense of the Permittee.2. Nothing in this permit shall be construed as excusing the Permittee from complying with any current federal, state, or localstatutes, ordinances, or regulations. If the State's Waste Discharge Permit requires more stringent limitations on discharge tothe POTW, the State's discharge permit shall take precedence; and, the requirements contained herein may be revised afterwritten notice from the City. After written notice from the City is received, the Permittee has ten (10) business days torequest a hearing before the City Council. The City will provide the Permittee an opportunity for a hearing before the CityCouncil, if requested; and, depending on the magnitude of the changes, the Permittee, City, and DOE may negotiate acompliance schedule under which to make the changes necessary to come into compliance with the more stringent limits.3. All facility changes that may result in a significant deviation in character of pollutants discharged to the POTW, from thatherein specified, shall be reported to the City. Significant adverse deviations in character of pollutants shall be authorized bythe City before discharge to the sewer system. No significant change shall be made until plans have been approved by theCity, and a new or modified permit has been issued. No new connections, increased flows, or significant changes inwastewater characteristics are permitted that will cause violation of the effluent limitations specified herein.The diversion or bypass of any discharge from any pre-treatment facility utilized by the Permittee to maintain compliancewith the terms of this permit is prohibited except where unavoidable to prevent loss of life or severe property damage. Theprocedure outlined in paragraph four (4) of these General conditions shall be followed in the event of such a diversion orbypass to the City's POTW.4. In the event the Permittee is unable to comply with any of the conditions of this permit because of a breakdown of equipmentor facilities, due to actions on the part of the Permittee, the Permittee shall perform the following actions:a. Immediately stop, contain, and clean up the unauthorized discharge and correct the problem.b. Immediately notify the City so steps can be taken to prevent damage to the POTW.c. Submit a written report within fifteen (1S) business days of occurrence, describing the breakdown, the actualquantity and quality of the resulting waste discharge, corrective action taken, and the steps taken to prevent arecurrence.REC Solar Grade Silicon. LLC Industrial Waste Discharee Permit No. 4 Paee 1 of 7Moses Lake Council Packet 11-23-19, Page 79 of 184 5r.KNERAL CONDITIONS (continued)d. Pay reasonable costs incurred by the City that are associated with a breakdown, accident, or other cause that can bedemonstrated as attributable to such event.Any permit noncomplience constitutes a violation of chapter 13.05 of the Moses Lake Municipal Code and is grounds forenforcement action in accordance with that code.Compliance with the above requirements does not relieve ^e Permittee from responsibility to maintain continuouscompliance with the conditions of this permit, or the resulting liability for failure to comply.6. The Permittee shall adequately maintain and efficiently operate all treatment or control facilities or systems installed or usedby the Permittee to achieve compliance with the terms and conditions of this permit.7. After written notice of one of the following, the Permittee has ten (10) business days from the date of the notice to request ahearing before the City Council. If the City Council determines a violation has occurred, the permit may be amended,suspended, or revoked in whole or in part.a. Violation of any terms or conditions of this permit.b. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts.c. A change in any condition that requires a permanent reduction or elimination of permanent discharge to the FOTW.8. The Permittee shall allow authorized representatives of the City to perform the following actions, at all reasonable times:a. Enter that portion of the premises by escort where an effluent source or disposal system is located or where recordsare required to be kept under the terms and conditions of this permit.b. Inspect monitoring equipment or monitoring methods required by this permit.c. Sample discharge of pollutants.d. Review test results and test methods.9. This permit does not constitute authority for discharge into public waters of Washington State. Any such discharge by thePermittee shall be subject to applicable regulations administered by the Department of Ecology.10. The costs incurred by the City in handling, treating, monitoring, and disposing of the Permittee's wastewater shall be borneby the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance.11. The Permittee shall make application for permit renewal at least 180 days prior to the expiration date of the permit. In theevent that the City does not respond within the allotted 180-day period, the existing permit shall remain in force until therevised permit is issued.12. The Permittee shall submit payment of fees associated with this permit as set forth in the fee schedule adopted by the City ofMoses Lake. The City may revoke this permit if the permit fees are not paid.REC Solar Grade Silicon. LLC Industrial Waste Discharee Permit No. 4 Pace 2 of 7Moses Lake Council Packet 11-23-19, Page 80 of 184 Effluent LimitsDuring the period of this permit, the Permittee is authorized to discharge wastewater to the POTW subject to the specified flow,concentration, and monitoring requirements. Wastewater shall be monitored and discharged to the POTW and shall not exceed themaximum daily flow of 300,000 gallons per day and a maximum monthly average of 210,000 gallons per day. The effluent limitationsfor the discharge to the POTW are shown in Table 1: Effluent Limits Outfall 001 (Facility's Sampling Manhole).Effluent characteristic limits not listed in this permit are set forth in Chapter 13.05, Wastewater Regulations, City of Moses LakeMunicipal Code.In order to meet the effluent limitations, the Permittee shall provide facilities as specified herein. When required, pretreatment andstorage facilities shall be designed and operated by the Permittee in a manner such that the wastewater discharge to the POTWcomplies with the effluent limits. During emergency conditions, or when the effluent does not meet the conditions of this permit, thePermittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be achievedby the onsite treatment system, the effluent shall be collected and sent off site for disposal in accordance with applicable regulations.Beginning on the issuance date and lasting thru the expiration date of this permit, the Permittee is authorized to discharge wastewaterto the City of Moses Lake POTW subject to the following limitations:Discharge LimitsTABLE 1: Effluent Limits Outfall GDI (Facility Sampling Manhole) and Outfall 002 (sanitary wastewater)''ParameterMLMC 13.05.070 LimitsMonthly AverageMaximum Daily'FlowNA210,000 gallons per day300,000 gallons per dayBODs300 mg/1NA751 lbs/dayFats, Oil & Grease (FOG)100 mg/1NA250 lbs/dayTotal Suspended SolicIs(TSS)350 mg/1876 lbs/dayNAParameterMinimumMaximumpH6.011.0TemperatureNA104°FColorNA100 c.u.a. Maximum Dailv effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of apollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge asthe total mass of the pollutant discharged over the day ['Wday = (concentration ) x (flow gpd /1,000,000 ) x 8.34]. For color, thedaily discharge is the average measurement of the pollutant over the day. For temperature, no single measurement shall exceed104®F. For pH, no single reading shall be lower than the minimum of 6.0 and no single reading shall exceed the maximum of11.0.b. Manhole 001 is the manhole where all of the facility process water passes, and Manhole 002 is the manhole where all of thesanitary wastewater passes. The effluent from Manhole 001 and Manhole 002 merge at the building sewer prior to discharge toPOTW; therefore, cannot be sampled as a single effluent. Limits shown for minimum/maximum Ph pertain to effluent at bothmanhole 001 and Manhole 002; however monthly averages and maximum daily columns are permit specific items for Manhole001.REC Solar Grade Silicon. LLCIndustrial Waste Discharge Permit No. 4Page 3 of7Moses Lake Council Packet 11-23-19, Page 81 of 184 Monitoring RequirementsThe Permittee shall monitor the wastewater and production according to the following schedule in Table 2: Monitoring Requirements FinalWastewater Effluent Outfall #001 (POTW).Table 2: Monitoring Requirements Final Wastewater EIRuent Outfall IHOOl (POTW)ParameterUnitsSampling FrequencyManhole 001Sample TypeFlow, (Maximum Daily)'Gallons/day (GPP)Continuous'MeteredBOD5 (Max. Daily)lbs/day'1/week24-Hour Composite'FOG (Max Daily)lbs/day'1/weekGrab Sample'TSS (Max Daily)'lbs/day'1/week24-Hour Composite'pH (Minimum; Maximum)Standard UnitsContinuous'MeteredTemperatureContinuous'MeteredColorColor UnitsmonthlyGrab Sample''Continuous means the uninterrupted except for brief length of time for calibration, power failure, or unanticipated equipment repairor maintenance. The Permittee shall sample at least six times when continuous monitoring is not possible.' Grab means an individual sample collected over fifteen (15) minutes, or less period of time.' 24-hour Composite samples shall be comprised of a flow-proportional samples collected by an electronically controlled device.Notes: When discharges are infrequent due to a lack of wastewater, discharges from outfall 001 may only occur a few times per month and only for a fewhours each. In these cases, note in the DMR the days that had no discharge, and thus no sample. For these days, indicate the corresponding cells in theDMR by the code "C" for no discharge, and comment in the note section to indicate that the discharge was reduced because of lack of water, and state thenumber of discharges for the month.For composite samples for discharges that take less than 24 hours, collect a series of samples for a composite throughout the duration of each discharge. Forexample, if a discharge lasts 4 hours and includes 40,000 gallons of water, sample throughout that 4-hour discharge period to obtain a composite. For theremaining 20 hours of that day when there is no water being discharged, indicate that no samples were taken.' Calculated effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendarday. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day: [""/day n(conccnntion 'd) X (flow gpd /1,000,000) X 8.34]. This does not apply to pH.' The Permittee shall report the instantaneous maximum and minimum pH monthly. Do not average pH values.* Footnote "g" indicates monitoring is also required at Manhole 002." Footnote 'h" indicates sampling/monitoring for manhole 002 required once per quarterSURCHARGE SCHEDULEIf Maximum Daily Effluent Limits for TSS, BOD5, or FOG from Table 1 are exceeded during the month, a surcharge will be added to that monthlybilling statement, and the Permittee will provide a proposal for review by the City of Moses Lake Wastewater Manager to demonstrate how theeffluent will be reduced to permitted levels. Failure to reduce the effluent to permitted levels will constitute a violation of this permit. Surcharge ratesare shown in Table 3: Surcharge Schedule.Table 3: Surcharge Schedule*ParameterBase Rate"Base Rate X 1.5''Base Rate x 2''Base Rate x 4 •'Base Rate x 6BODs751 lb/day>751 lb/day>1,501 lb/day> 2,252 lb/day> 3,003 lb/dayFOG250 lb/day> 250 lb/day> 499 lb/day> 749 lb/day>999 lb/dayTSS876 lb/day> 876 lb/day>1,751 lb/day> 2627 lb/day> 3,503 lb/dayaSewer rates are subject to change; but, the surcharge rates will remain unchanged for the duration of the permit.bA surcharge will accrue when any one parameter has exceeded the limit, and the surcharge will be applied to themonthly statement at the highest rate calculated from Table 3.cThe base rate is the rate for wastewater that is charge to commercial users, as adopted by City Council. The baserate may be obtained by contacting Utility Billing at 509.764.3719. The base rate is subject to change whenever thefee schedule is revised by the City Council. The monthly surcharge will be calculated using the monthly averages.REG Solar Grade Silicon. LLCIndustrial Waste Discharee Permit No. 4PaBe4of7Moses Lake Council Packet 11-23-19, Page 82 of 184 Reporting and Record RequirementsThe Permittee shall monitor and report in aceordance with the conditions set forth in this permit. Falsiflcation of the information submitted toEcology or to the City of Moses Lake is a violation of the terms and conditions of this permit.Monitoring Results required by this permit shall be submitted by the day of the month following the sampling period. A copy of the DMR inEcology "Paris" format will be accepted so long as it is accompanied by the electronic signature form.E-mail copies to the following two addresses: wastewater@citvofml.com: publicworksadmin@citvofml.comPaper copies of the DMR may be mailed to:City of Moses LakeP.O. box 1579Moses Lake, WA 98837Attn: Wastewater DivisionWaste Preventative PracticesWaste preventive practices shall be used to reduce or eliminate contaminant loading to the POTW. These practices may include, but are notlimited to the following:a. The Permittee shall provide access to the monitoring and flow control station for authorized representatives of the City during normalbusiness hours and in the event of an emergency.b. The pretreatment and storage systems shall be maintained continuously in satisfactory and effective condition by the Permittee, andthe facilities shall be subject to periodic inspection by the City.c. The Permittee shall designate a representative whose responsibilities include the operation and maintenance of the pretreatment andstorage facilities, monitoring and permit compliance, and all other aspects of the wastewater discharge. The representative shall beavailable to meet with the City on any matter related to the wastewater discharge to the POTW.d. The Permittee shall be held liable for all damages directly attributable to its wastewater discharge, exclusive of normal wear and tear.Permittee shall not be Jointly and severally liable for the damage caused by any other party, but the Permittee shall be liable for itspro-ratio share of all liability directly attributable to Permittee's waste discharge. Liability for damages may include damages to thesewage collection system, pump stations, sewage treatment plant, and degradation of receiving water.e. The following requirements shall apply:In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediatelynotify the Public Works Division by phone or email.REC Solar Grade Silicon. LLC Industrial Waste Discharee Permit No. 4 Paee 5 of 7Moses Lake Council Packet 11-23-19, Page 83 of 184 Reporting Permit ViolationsThe Permittee shall take the following actions when either the City permit or the State permit conditions are violated:a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance, andcorrect the cause of the problem.b. Contact the City of Moses Lake within 24-hours by phone or E-mail.If State permit conditions are violated, also follow the requirements of the State permit with regards to reporting violations.City Contact Information1. Public Works Division (24-hour) 509.764.3951 or publicworksadmin(S,cityofml.com2. Chris Campbell, Wastewater Division Manager 509.764.3965 or wastewater@citYofml.com3. Emergency Call 911Permittee's Contact InformationThe Permittee authorizes the following personnel to be contacted regarding this permit.DMR Contact:1. Mr. Shawn Bowen, Silane Production Engineering Manager, 509.766.8537/509.989.0041 orshawn.bowen@recsilicon.comFacility Contact: (Site Manager)1. Mr. Jeffrey S. Johnson, Vice President of Moses Lake Operations 509.766.9678 or Jeff.johnson@recsilicon.comThe Permittee shall notify the City whenever the contact(s) shown are revised.REC Solar Grade Silicon. LLC Industiial Waste Discharee Permit No. 4 Paee 6 of 7Moses Lake Council Packet 11-23-19, Page 84 of 184 glossaryCiti:: The City of Moses Lake, a municipal corporation of the State of h'CoTDEosUa^aiaEle-A mixture of s '"® '«Senls or representalives.constant time interval between the aiiquots ^ ihe volume of eaeh aliquot''S^hrilow £Swh1irm1i^lS-nrCfinaitBcnt: Any of the pollutants or potential pollutants found In the wastewater.mrnlM^ Flow, eoneentratlon. p„. and mass loading limitations for wastewater discharged to the POTW by the Pem.lt.ee.constituent levels In an expanded scop^ fofte !l^w3ShOto """'="■'">5 and to define the flow andPermittee: REC Solar Giade Silicon, LLCssm The system ofgmvlty sewem, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake.Wastewater: Water discharged as a by-product of any of the various industrial processes.In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officersor representatives.CITY OF MOSES LAKEMunicipal Services Department321 S. Balsam StreetP. O. Drawer 1579Moses Lake, WA 98837DateBy:Allison Williams, City ManagerREC Solar Grade Silicon, LLC3322 Road N NEMOSES LAKE, W/^INGTON 98837Date////A/Mrydeffrty S. Johnson, V^e President of Moses Lake OperationsREC Solar Grade Silicon. LLC Industrial Waste Discharee Permit No. 4 Paee 7 of 7Moses Lake Council Packet 11-23-19, Page 85 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: November 16, 2021 Proceeding Type: Consent Agenda Subject: Grant County Recording Fee Interlocal Agreement 2022 Legislative History: • First Presentation: November 23, 2021 • Second Presentation: • Action: Motion Overview In 2021, the City of Moses Lake made a formal request to the Board of County Commissioners to receive a portion of the County Recording Document Fee funds, in accordance with RCW 36.22.179(a). This was approved by City Council in January 2021. These Recording Fee dollars are used to fund the City’s Homeless Program and essential for current and future projects. In 2021, these funds were used for shelter renovations and case management. The agreement presented tonight would continue to distribute those funds through 2022. Fiscal and Policy Implications The Interlocal Agreement would provide the City with 23% of the County Recording Document Fee revenue that is collected per RCW 36.22.179. Broad estimations based on prior fiscal year revenue generated through this fund would provide approximately $135,000 per year, distributed on a quarterly basis. To date, the City has received $132,383.63 Recording Fee funding in 2021. Council Packet Attachment A. 2022 Recording Fee Surcharge Distribution Interlocal Agreement Finance Committee Review N/A Legal Review N/A Moses Lake Council Packet 11-23-19, Page 86 of 184 Page 2 of 2 Options Option Results • Adopt as presented Authorize the City Manager to execute Interlocal Agreement for the City to receive this funding • Provide staff with changes N/A • Take no action. The City would not receive the distribution of the Recording Document Fee Surcharge Action Requested Staff recommends Council authorize the City Manager to execute the Interlocal Agreement to bolster the revenue streams supporting the City’s work to address homelessness. Moses Lake Council Packet 11-23-19, Page 87 of 184 Moses Lake Council Packet 11-23-19, Page 88 of 184 Moses Lake Council Packet 11-23-19, Page 89 of 184 Moses Lake Council Packet 11-23-19, Page 90 of 184 Moses Lake Council Packet 11-23-19, Page 91 of 184 Moses Lake Council Packet 11-23-19, Page 92 of 184 Moses Lake Council Packet 11-23-19, Page 93 of 184 Moses Lake Council Packet 11-23-19, Page 94 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: November 18, 2021 Proceeding Type: Consent Agenda Subject: Resolution to Declare Surplus 2022 Listed Personal Property, Equipment, or Vehicle Surplus Legislative History: • First Presentation: November 23, 2021 • Second Presentation: • Action: Motion OVERVIEW: The City owns certain personal property, equipment, and vehicles that has been determined to have no further use by their department. The surplus items are taking up a large portion of storage area at the Operations Complex. The listed surplus items no longer serve a useful purpose and have been prepared for auction (ATTACHMENT A). VEHICLES: It should be noted that the surplus vehicles are continuing to cost the City with monthly insurance. Some of the vehicles have expensive repair items that make them infeasible for continued service. In addition, the cost of maintenance, parts, and labor are now determined by Fleet Staff to be more on a monthly basis than new vehicle costs. Moses Lake Council Packet 11-23-19, Page 95 of 184 Page 2 of 2 FISCAL AND POLICY IMPLICATIONS: The Municipal Services Director is authorized and directed to sell, convey, or dispose of the property described in Attachment-A by any commercially reasonable manner of their choosing, as long as the City receives in return for each item sold, no less than fair market value. The proceeds of each sale shall be applied to the fund from which the disbursements were made, typically Fleet Fund 519. Insurance and maintenance costs for the equipment will then end and the equipment can be sold prior to further depreciation. The proceeds must be returned to the original fund from which the items were purchased, which is typically the Fleet Fund 519 to support the purchase of new vehicles in the future. A resolution is required for individual items valued at greater than $10,000 (ATTACHMENT A & B). A public hearing is only required when there are surplus items that were originally paid with Water or Sewer Utilities Funds. None of the listed items were paid by utilities funds. ATTACHMENTS: A. Surplus Property List B. Resolution to De FINANCIAL COMMITTEE REVIEW: N-A LEGAL REVIEW: Type of Document Title of Document Date Reviewed by Legal Counsel Resolution Declare Property Surplus , November OPTIONS: • Adopt Resolution Surplus items will be auctioned, and proceeds returned to original fund. • Do not declare items surplus. Surplus items will remain in City’s possession and will take up space and serve no useful purpose. The City will continue maintenance costs and the items will depreciate in value. STAFF RECOMMENDATION: Staff recommends Council adopt the resolution to declare the listed items as Surplus so that they can be auctioned with proceeds returned to the original fund. Moses Lake Council Packet 11-23-19, Page 96 of 184 RESOLUTION 3871 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE MUNICIPAL SERVICES DIRECTOR TO DISPOSE OF THE SURPLUS PROPERTY IN A COMMERCIALLY REASONABLE MANNER Recitals: 1. The City currently owns certain personal property that has been determined by the Municipal Services Director to be of no further use to the City. 2. The Council is authorized by state statute to declare property surplus and cause such property to be leased, sold, or conveyed, or otherwise disposed of. Resolved: 1. The items of personal property on the attached Exhibit A, are no longer needed by the City, and are hereby declared to be surplus. 2. The Municipal Services Director is authorized and directed to sell, convey, or dispose of the property described on Exhibit A in any commercially reasonable manner of his choosing, as long as the City receives in return for each item sold, no less than fair market value. Every sale made pursuant to this resolution shall be on an "as is" basis and shall include an express disclaimer by the City of any and all warranties or liability. The proceeds of each sale shall be applied to the fund from which the disbursements were made in order to originally acquire the property when new. Adopted by the City Council of the City of Moses Lake, Washington, this 23rd day of November, 2021. ____________________________________ David Curnel, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-23-19, Page 97 of 184 City ID Division DescriptionVIN/Serial No. Asset # Qty. ACV193030 2012 Chevrolet Tahoe SUV1GNLC2E02CR30894810126 1 11,000.00$ 380040 2007 Ford E‐450 Ambulance 1FDXE45P77DA981339575 115,500.00$ 231040 1998 E‐One Cyclone Tilt Cab Engine 14ENGAA89W10092558457 1 $ 40,000 to 70,000232040 1997 GMC T8500 2,000 gallon Tank Truck1GDP7C1J4VJ5090108781 115,000.00$ Fleet Surplus List Moses Lake Council Packet 11-23-19, Page 98 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Gail Gray, Interim Finance Director Date: November 17, 2021 Proceeding Type: Old Business Subject: 2022 CPI Index Adjustment Resolution Legislative History: • First Presentation: August 10, 2021 • Second Presentation: November 23, 2021 • Action: Motion Overview This resolution would approve the 2022 CPI adjustment. In accordance with Council direction given in November of 2016, basic utility fees are being adjusted to keep up with inflationary increases, by applying the year-over-year increase in September’s All Urban Consumers (CPI-U) West—B/C (i.e., small cities) index of 6.16%. Last year’s adjustment was .62%. Although this is a substantial increase from last year’s index, it is indicative of the sharp increase in our operation costs further impacted by supply chain shortages which are expected to continue. Unfortunately, it is the current cost of doing business. Per the minutes for the August 10th meeting, Cindy Jensen had informed the Finance Committee that the current CPI rate at that time was 6.9%. She also informed the committee that the rate still had volatility and could increase or decrease by the annual (September) measurement date used. The rate has decreased from that initial reporting by .74%. Fiscal and Policy Implications This year’s increase of 6.16% was used to set the fee schedule that is presented for your approval in a separate Staff Report. We have previously established by ordinance that the appropriate way to modify the City’s fee schedule is by resolution. This increased Index was used to develop the revenue estimates that are the basis of resources available to accomplish the 2022 budget that was presented to Council at the November 9, 2021, Budget Study Session, and the first public hearing. Council Packet Attachment A. Resolution and CPI table for Urban Wage Earners and Clerical Workers (CPI-W) Finance Committee Review – N/A Legal Review – N/A Moses Lake Council Packet 11-23-19, Page 99 of 184 Page 2 of 2 Options Option Results • Adopt the Resolution The 2022 CPI Index increase which supports the Fee Schedule, will be effective January 1, 2022 • Modify the CPI Index Provide staff with specific changes, which would then affect the 2022 Revenue estimates. The Budget would have to be re- submitted along with the adjusted Fee Schedule for review at the December 14 meeting (still to be effective 1/1/22). • Take no action The Fee Schedule would remain unchanged, and the revenue estimates used in the 2022 budget may not be attained. Staff Recommendation Staff recommends City Council adopt the resolution to modify the 2022 CPI index used to adjust the 2022 Municipal Fee Schedule as presented. Moses Lake Council Packet 11-23-19, Page 100 of 184 RESOLUTION 3872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON REGULATING THE CITY OF MOSES LAKE CPI INCREASE AS OF JANUARY 1, 2022 Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and make adjustments to appropriately address costs; and 3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. That the 2022 CPI Index of the City of Moses Lake pertaining to all fees is amended as set forth in Exhibit A. Section 2. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 3. This Resolution shall be in full force and effect January 1, 2022. APPROVED AND ADOPTED BY A MAJORITY OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, at a regular meeting thereof this 23rd day of November, 2021. ________________________________ David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Cler Moses Lake Council Packet 11-23-19, Page 101 of 184 CPI for urban Wage Earnersand ClericalWorkers (CPI-W) Series Id: CWURN400SAO,CWUSN400SAO Not SeasonallyAdjusted SerieSTitle: AulitemSinWeSt-SiZeClaS5B/C,urbanWageeamersandCteriCa&WOrkers,tiOtSeaSOnall7adjusted Area: West-SizeC[ass B/C Item: All ttems Bale Per4@d: DECEMBER 1996=-100 Do'atdoad: Ql xls3 jYear Jan Feb Mar Apc ' , May : Jun i Jut Aug ' Sep 'act Now ' Dec /%x .zoxi(iTh<.goo tas..a<s'xa'r.sai 13s.362 xas.sts:usa.m.i:is.xsx aas.:zss !138.7701138..884 tas.saz-!isa.xsz 13 2012 139.,05O u4O.393 140.B19 141.083 i M0.598 I 139.752:)L40..055 x=o.e*g i io.g.i<, MO2681i39.74714 'm.r:hrts j!4L541 ' 141.812 !4L836 : !14L763 141.93'7 I Z4.'2..2.271 vziz.zzs jt=t.i..ug ML689 I 14Q.69314 l42.i480 !t42.9u71' i<a.n'rq il44.4!31 M4.661', 144.68 ): J144.4TQ j 144.'5.28 i 144.06!u4.2,982 I "142.J48 14 I 14L397 I 142..30 u :iN43,-435. 143.984 1!45.1361 x*s.azxll44.634Ixs.qgo xsassi i<a..zyx N42.9N1 : 142.T19 , 14 1-43.2831_li 143,5!16 144.697 I [45.597I i !145.569 l 145.499:j.45.423 [45.T26 l 145.974 xzis.eae : izis.ai'ffi %49.71'T I 149-'i9!; f'r4 I x<-l 146.8321 ('!L47.298 ', 148.[37 j xo.os'4 I !148.5481 148.395' !L48.9.25 xqs.vs ' tso..xts I 150.91u j 45u..404 l 152.203 . i53.06') i !L53.440I l""""""' "j 153.326 ' u53.6251 !53.998 i isq.au "" " "'T""""""'!54.456 : 153.954 15 153.89[154.1LO ' !54.6N8 : 156.[27 N57.226 : !L5T.258 ' 157.058 R57.134 157.260 158]85 [58,047 i isz,t_os. 15 kS8.SS3 ' 158.!68 'xsv.ss=q i xsazzg' 159.25'i : 06(1.2'49 ' U6o.s,gg i 160.841 160.'702 I 160.507 - - ' -'r-" - - " I rl5 Ii 160.888l.... 16J_&!3 xs'a.iegl 165.zz7 !67.l58'i69.0?L 169.90[I I !L70.!86, !170.528' 2013 2015 ' 2016 ' 201'7 . 2018 2iOl9 ,' 2020 202.1 1 Moses Lake Council Packet 11-23-19, Page 102 of 184 Page 1 of 2 STAFF REPORT To: City Council From: Allison Williams, City Manager Date: November 19, 2021 Proceeding Type: Old Business Subject: Annual Review and approval of LTAC application recommendations Legislative History: • First Presentation: November 9, 2021 • Second Presentation: November 23, 2021 • Action: Motion Overview The Lodging Tax is an excise tax authorized by State law in RCW 67.28, Public Stadium, Convention, Arts and Tourism Facilities. The City of Moses Lake has imposed an excise tax on charges for lodging by hotels, motels, and similar business enterprises, pursuant to Chapter 82.08 RCW. In Moses Lake the total tax on lodging is 4% (this includes the original 2% sales tax credit and the additional 2% special excise tax). The Moses Lake Lodging Tax Advisory Committee (LTAC) met on October 5th and 6th to consider the 2022 applications for funding support to eligible groups and organizations that have positive impacts on tourism in the greater Moses Lake area. The LTAC members considered all applications in accordance with the LTAC General Guidelines documents with specific attention to the Project Evaluation Criteria portion of the Guidelines. Following is the spreadsheet which reflects applications received, requested funding levels and the LTAC’s recommendation. The LTAC funded applications to the recommended funding level of $309,900. They also requested that the City fund the Freedom Festival with the City’s portion of hotel-motel tax that is not committed to debt service. This request would constitute an appropriate LTAC recommendation for the use of the City’s portion of funding that is not obligated to debt payments. Additionally, Council had a request for reconsideration of the amount funded to the Allied Arts. The City’s Lodging Tax funds and area events were impacted by COVID in 2020. As a result, City Council could consider a fund as a part of the American Rescue Plan Act (ARPA) that would reimburse 2020 lodging tax fund losses in 2020 to cover the Freedom Festival and establish a separate fund through ARPA that would be a business and non-profit support fund out of which the Allied Arts request could be funded. Update: The LTAC met on November 19, 2021, and reallocated funding in the amount of $5,000 from the Ground County Fairgrounds to the Columbia Basin Allied Arts and the Columbia Basin Community Concert Association, giving them $2,500 each. Moses Lake Council Packet 11-23-19, Page 103 of 184 Page 2 of 2 Fiscal and Policy Implications The City of Moses Lake has established a special revenue fund titles “Tourism Activities Fund” to account for the lodging tax receipts and related tourism promotion expenditures. The City intends to maintain a reserve in the fund and will assess how much of the fund to appropriate in a given year on an annual basis. As set forth in RCW 67.28.1816, the revenues received from the City’s hotel/motel tax may be used for the following purposes only: 1. Tourism marketing; 2. Marketing and operations of special events and festivals designed to attract tourists; 3. Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district; or 4. Operations of tourism-related facilities owned or operated by non-profit organizations. Council Packet Attachments A. Summary of applications with supplemental LTAC funding recommendation. Finance Committee Review N/A Legal Review N/A Options Option Results • Review and approve the LTAC funding recommendation. The applicants move forward with budgeting the funding of their requests. • Review and revise the LTAC funding recommendation. • (Procedural requirements of this action are set forth in RCW 67.28.1817 (2) The City Council must advise the LTAC of their revisions to the LTAC funding recommendations. The LTAC Committee would then have 45 days to meet to consider Council input and prepare another recommendation. After the second recommendation from the LTAC committee, the Council may act on funding requests. • Take no action. The hotel/motel tax funds remain in place and continue to accrue. Action Requested Staff recommends the City Council discuss and advise staff on how to proceed. Moses Lake Council Packet 11-23-19, Page 104 of 184 LTAC Meeting Date October 6, 2021 Followup Mtg 11/19/21 Organization Name Event Name & Date 2021 Funded* 2022 Request 10/6/21 ** LTAC Recommend ARPA Backfill Council Recommend ation 11/19/21 LTAC Recommend Entco Intentional, LLC ML Airshow - 6/17-19/2022 50,000$ 60,000$ 57,900$ -$ 57,900.00$ Columbia Basin Cancer Foundation Craft out Cancer - 8/27/22 5,000$ 5,000$ 5,000$ -$ 5,000.00$ Grant County Fairgrounds Grant County Fair - 8/16 - 20/2022 5,000$ 75,000$ 40,000$ -$ 35,000.00$ Columbia Basin Community Concert Assoc Season 68 Concert Series 8/1/22-4/30/23 -$ 10,000$ 7,500$ -$ 10,000.00$ City of Moses Lake - Tourism COML Tourism Marketing Campaign 1/1 - 12/31/22 110,000$ 110,000$ 110,000$ -$ 110,000.00$ Columbia Basin Allied Arts Premiere Season 45 8/1/22-4/30/23 10,000$ 20,000$ 7,500$ -$ 12,500.00$ 10,000.00$ Moses Lake Spring Festival Moses Lake Freedom Fest 7/1/22-7/3/22 -$ 50,000$ none 50,000$ -$ Visit Washington Event Tourism Marketing 4/1/22-9/1/22 -$ 3,650$ none none -$ Downtown Moses Lake Association Brews & Tunes - 2/26/22 1,000$ 1,000$ 1,000$ -$ 1,000.00$ Downtown Moses Lake Association Sip and Stroll - 9/18/22 1,000$ 1,000$ 1,000$ -$ 1,000.00$ Sand Scorpions ORV Group Bounty Hole & Freestyle Mud Trucks - 9/17/22 15,000$ 55,325$ 35,000$ -$ 30,000.00$ 35,000.00$ Spring Festival Spring Fest - 5/26/22-5/29/22 45,000$ 40,000$ 40,000$ -$ 40,000.00$ Moses Lake BMX Gold Cup/State Qualifier Race 6/18 - 9/19/22 -$ 5,000$ 5,000$ -$ 5,000$ TOTALS:242,000$ 435,975$ 309,900$ 50,000$ 309,900$ -$ $309,900 Available to Grant in 2022 122,425$ request shortfall * 2021 Restrictions applied to use of funds for Fair marketing and ORV Group to work with City staff for Tourism ** 2022 Fair encourage application next year for events all year around Moses Lake Council Packet 11-23-19, Page 105 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: November 18, 2021 Proceeding Type: New Business Subject: Moses Lake RV Park Deferral Request Legislative History: • First Presentation: November 23, 2021 • Second Presentation: • Action: Motion Overview On October 27, the Moses Lake Hearing Examiner held a public hearing to consider a request for a Conditional Use Permit for the Moses Lake RV Park. The approval of the Conditional Use Permit is vested with the Hearing Examiner per Moses lake Municipal Code Chapter 18.51. Concurrently, the Hearing Examiner heard a request from the applicant for the deferral of improvements to the underlying short subdivision. The applicant, Agile SB PO1, LLC., represented by Dave Baus, requested deferral of improvements to Bing Rd. The Hearing Examiner is vested with the task of recommending to City Council to approve or deny requests for deviations (including deferrals and waivers), to the requirements of Title 17 per MLMC 17.33. Staff recommended denial based on the requirement for a second access to and from the RV Park on Bing Rd. The road will need to be hard surfaced and be able to accommodate two-way traffic for large RVs and emergency vehicles. The Hearing Examiner issued a recommendation on November 3, 2021, to deny the request to defer improvements to Bing Rd. Council Packet Attachments A. Hearing Examiner Recommendation issued November 3, 2021 B. Short Subdivision map C. Binding Site Plan Fiscal and Policy Implications – n/a Moses Lake Council Packet 11-23-19, Page 106 of 184 Page 2 of 2 Legal Review – n/a Options Option Results • Approve recommendation as presented Bing Rd will be developed to City standards • Approve applicant’s request for deferral The applicant will provide a covenant in favor of the City to develop Bing Rd at a later date • Take no action Action Requested Staff recommends City Council move to approve the Hearing Examiner’s Findings of Fact, Conclusions of Law, Recommended Conditions of Approval, and Recommended Decision denying the request to defer improvements to Bing Rd. Moses Lake Council Packet 11-23-19, Page 107 of 184 Moses Lake Council Packet 11-23-19, Page 108 of 184 Moses Lake Council Packet 11-23-19, Page 109 of 184 Moses Lake Council Packet 11-23-19, Page 110 of 184 Moses Lake Council Packet 11-23-19, Page 111 of 184 Moses Lake Council Packet 11-23-19, Page 112 of 184 Moses Lake Council Packet 11-23-19, Page 113 of 184 Moses Lake Council Packet 11-23-19, Page 114 of 184 Moses Lake Council Packet 11-23-19, Page 115 of 184 Moses Lake Council Packet 11-23-19, Page 116 of 184 Moses Lake Council Packet 11-23-19, Page 117 of 184 Moses Lake Council Packet 11-23-19, Page 118 of 184 Moses Lake Council Packet 11-23-19, Page 119 of 184 Moses Lake Council Packet 11-23-19, Page 120 of 184 Moses Lake Council Packet 11-23-19, Page 121 of 184 Moses Lake Council Packet 11-23-19, Page 122 of 184 Moses Lake Council Packet 11-23-19, Page 123 of 184 Moses Lake Council Packet 11-23-19, Page 124 of 184 Moses Lake Council Packet 11-23-19, Page 125 of 184 Moses Lake Council Packet 11-23-19, Page 126 of 184 Moses Lake Council Packet 11-23-19, Page 127 of 184 Moses Lake Council Packet 11-23-19, Page 128 of 184 Moses Lake Council Packet 11-23-19, Page 129 of 184 Moses Lake Council Packet 11-23-19, Page 130 of 184 Moses Lake Council Packet 11-23-19, Page 131 of 184 Moses Lake Council Packet 11-23-19, Page 132 of 184 Moses Lake Council Packet 11-23-19, Page 133 of 184 Moses Lake Council Packet 11-23-19, Page 134 of 184 Moses Lake Council Packet 11-23-19, Page 135 of 184 Moses Lake Council Packet 11-23-19, Page 136 of 184 Moses Lake Council Packet 11-23-19, Page 137 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Gail Gray, Interim Finance Director Date: November 23, 2021 Proceeding Type: New Business Subject: Resolution to Adjust the 2022 Fee Schedule Legislative History: • First Presentation: November 23, 2021 • Second Presentation: • Action: Adopt the Resolution Overview This resolution would approve the new 2022 Fee Schedule for all charges. Parks fees have been adjusted to reflect the 2022 increase in the minimum wage rate to $14.49 per hour which will greatly impact the cost of seasonal temporary support. Community Development fees have been adjusted to consider the average staff cost to take a land use decision file through the regulatory requirements applicable to the project. These costs were not embedded in the existing fee schedule and therefore are being added to the schedule. Finance associated fees remain unchanged. Municipal Service fees are greatly unchanged except for incorporating new fee structure for plan/report review and ROW appraisals where third party expertise would be required. A domestic water rights charge was also incorporated based on a per lot subdivision fee as required by code at a minimum of 1 ERU (equivalent residential unit equal to .6-acre foot of domestic water use) at $1,200. Fire permit fees were updated by polling other agencies in our region and cross referencing these to the adopted state fire code to establish permit fees for permits required under the International Fire Code as adopted by RCW 19.27 and as amended by the Washington State Building Code Council. New fees being requested in ambulance for treatment on scene with no transport is the result of a newly allowable charge under Medicare rules which most insurance carriers follow. The amount chosen was based on a statewide survey provided by our billing company. Utility Fees are based on the prescribed adjustment identified by FSA (deletions and new classifications adjusted to schedule) and applying the CPI uniformly over the rates as identified. In accordance with Council direction given in November of 2016, basic utility fees are being adjusted Moses Lake Council Packet 11-23-19, Page 138 of 184 Page 2 of 2 to keep up with inflationary increases, by applying the year-over-year increase in September’s All Urban Consumers (CPI-U) West—B/C (i.e., small cities) index of 6.16%. Fiscal and Policy Implications Since we have previously established by ordinance that the appropriate way to modify the City’s fee schedule is by resolution, that is how we are setting the fees to be effective January 1, 2022. These fees were used to develop the revenue estimates that are the basis of resources available to accomplish the 2022 budget that was presented to Council at the November 9, 2021, Budget Study Session, and the first public hearing. Council Packet Attachment A. Resolution Fee Schedule including Schedule A Sanitation charges Finance Committee Review – n/a Legal Review – n/a Options Option Results • Adopt the Resolution The 2022 Fee Schedule will be effective January 1, 2022 • Modify the Fee Schedule Provide staff with specific changes, which would then need to be approved at the December 14 meeting (still to be effective 1/1/22) • Take no action The Fee Schedule would remain unchanged, and the revenue estimates used in the 2022 budget may not be attained Staff Recommendation Staff recommends City Council adopt the resolution to modify the 2021 Municipal Fee Schedule. Moses Lake Council Packet 11-23-19, Page 139 of 184 RESOLUTION 3873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON SETTING THE CITY OF MOSES LAKE FEE SCHEDULE AS OF JANUARY 1, 2022 Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and adjust appropriately address costs; and 3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. That the 2022 Fee Schedule of the City of Moses Lake pertaining to all fees is amended as set forth in Exhibit A. Section 2. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 3. This Resolution shall be in full force and effect January 1, 2022. ADOPTED by the City Council on November 24, 2021. ________________________________________ David Curnel, Mayor ATTEST: ____________________________________ Debbie Burke, City Cler Moses Lake Council Packet 11-23-19, Page 140 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 Citywide Administrative Copy charge-per page 0.15$ 0.15$ Citywide Administrative Scan to electronic format-per page (8-1/12x11 one side)0.10$ 0.10$ Citywide Administrative Every 4 files or attachments provided by electronically delivery 0.05$ 0.05$ Citywide Administrative Each gigabyte of electronic records transmission 0.10$ 0.10$ Citywide Administrative Storage media, container, envelope; postage/delivery chg Actual Cost Actual Cost Citywide Administrative Maps and oversized document scanning or printing (per page) $ 5.00 $ 5.00 Citywide Administrative Custom data requests (per hour) $ 50.00 $ 50.00 Citywide Administrative CD/DVD copy - per media 1.00$ 1.00$ Citywide Administrative Return check charge 35.00$ 35.00$ Citywide Administrative Facility Rental Application Processing Fee 25.00$ 25.00$ Citywide Administrative Facility – Auditorium Rental Type 2 Weekdays (per hour)30.00$ $ 30.00 Citywide Administrative Facility – Auditorium Rental Type 2 Weekends (per hour)70.00$ $ 70.00 Citywide Administrative Facility – Auditorium Rental Type 3 Weekdays (per hour)75.00$ $ 75.00 Citywide Administrative Facility – Auditorium Rental Type 3 Weekends (per hour)100.00$ $ 100.00 Citywide Administrative Facility – Avenue Rental Type 2 Weekdays (per hour) $ 30.00 $ 30.00 Citywide Administrative Facility – Avenue Rental Type 2 Weekends (per hour) $ 70.00 $ 70.00 Citywide Administrative Facility – Avenue Rental Type 3 Weekdays (per hour) $ 75.00 $ 75.00 Citywide Administrative Facility – Avenue Rental Type 3 Weekends (per hour) $ 100.00 $ 100.00 Citywide Administrative Facility – Café/Kitchen Rental (per day) $ 50.00 $ 50.00 Citywide Administrative Facility – Six Foot Table Rental (per day) $ 10.00 $ 10.00 Citywide Administrative Facility – A-V Equipment Use (per day) uditorium Microphone, Sound, or Projector $ 25.00 $ 25.00 Citywide Administrative Facility – IT set up & instructions on basic equipment use (per hour) $ 30.00 $ 30.00 Citywide Administrative Facility – Janitorial Services Clean-Up Overtime Rate (per hour) $ 50.00 $ 50.00 Citywide Administrative Facility Renter Commercial Sales for Non-Profits and those exempt from obtaining a city business license. 10 % of gross sales 10%10% POLICE Administrative Reports (incl accident) (per page) $ 0.15 $ 0.15 No Fee Changes per Kevin Fuhr POLICE Administrative accident 10.00$ 10.00$ POLICE Administrative Photos (per photo) $ 0.15 $ 0.15 POLICE Administrative DVD/CD copy per media (per DVD/CD) $ 1.00 $ 1.00 POLICE Administrative Criminal History 20.00$ 20.00$ POLICE Administrative Fingerprinting 15.00$ 15.00$ POLICE Administrative Dog Lic. Annual 10.00$ 10.00$ POLICE Administrative Dog Lic. Replacement 5.00$ 5.00$ POLICE Administrative potentially dangerous Dog Lic.100.00$ 100.00$ POLICE Administrative Dangerous Dog License 300.00$ 300.00$ POLICE Administrative Bike License no fee no fee POLICE Administrative Concealed pistol license 49.25$ 49.25$ POLICE Administrative CPL Fingerprinting 32.00$ 32.00$ POLICE Administrative CPL late renewal 42.00$ 42.00$ POLICE Administrative Chicken License 10.00$ 10.00$ POLICE Administrative WATCH background checks (requested thru WSP)12.00$ 12.00$ Fire Administrative conference room use 1/2 room (up to 50 occupants) (per hour) $ 20.00 $ 20.00 Fire Administrative conference room use Full room (per hour) $ 40.00 Fire Administrative Local, State, Federal Government fee for cleaning / maintenance 25.00$ $ 25.00 Fire Administrative City of Moses Lake sponsored events no fee no fee Fire Administrative Ambulance Report 6.50$ 6.50$ Fire Permit (Hazardous material)1 Class 150.00$ 158.00$ Fire Permit (Hazardous material)2 Classes 250.00$ 262.00$ Fire Permit (Hazardous material)3 Classes 375.00$ 401.00$ Fire Permit (Hazardous material)4 Classes or more than 4,000 glallons, 19,000 cubic feet, or 249,000 pounds of any single class 525.00$ 530.00$ Fire Permit (Hazardous material)5 Classes or more than 5,000 gallons, 25,000 cubic feet, or 280,000 pounds of any single class 650.00$ 682.00$ City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 141 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Fire Permit (Hazardous material)Extremely Hazardous Substances, highly toxic, toxic, & pyrophoric materials of any amount 1,000.00$ 1,050.00$ Fire Operational Permit Aviation Facilitities, Commerical Repair Operations, Heliports, Helistops & Fueling Facilities 250.00$ 262.00$ Fire Operational Permit Carnivals and Fairs 150.00$ 158.00$ Fire Operational Permit Combustible Dust producing operations 175.00$ 184.00$ Fire Operational Permit Dry Cleaning Plants using flammable solvents 150.00$ 158.00$ Fire Operational Permit Exhibits/ Trade Shows 150.00$ 158.00$ Fire Operational Permit High Piled Combustible Storage 300.00$ 315.00$ Fire Operational Permit Hot work operations 125.00$ 131.00$ Fire Operational Permit Hot work program 175.00$ 184.00$ Fire Operational Permit Industrial Oven 600.00$ 630.00$ Fire Operational Permit Lumber Yards 150.00$ 158.00$ Fire Operational Permit Marijuana Extraction Systems/ Facilities 625.00$ 656.00$ Fire Operational Permit Temporary membrane structures and tents exceeding 400 square feet 150.00$ 158.00$ Fire Operational Permit Battery systems having a liquid capacity of more than 50 gallons 250.00$ 262.00$ Fire Permit Fire protection systems, industrial process equipment regulated by the fire code, LPG, Natural gas, flammable and combustible liquid dispensing/distribution system and installation of private fire hydrant: Fire Permit $1 to $500 50.00$ 52.50$ 50.00$ 52.50$ 6.00$ 6.30$ 140.00$ 147.00$ 28.00$ 29.40$ 645.00$ 677.25$ 77.40$ 81.27$ Fire Permit $50,001 and above 2.5% of project value Fire Permit Private Fire Hydrant"s" upto 5 fire hydrants 625.00$ 656.25$ Fire Permit Private Fire Hydrant"s" 6 or more 2.5% of project value Fire Permit Fire Department Radio Coverage System 625.00$ 656.25$ Fire Plan Check Technology Fee -Project Value $2001 and above 150.00$ 158.00$ Fire Permit - Special Event Fireworks / pyrotechnic displays:185.00$ 194.25$ Fire Permit - Demolition Demolition of required Fire Protection System or Fire Alarm System:155.00$ 162.75$ Fire Permit UST/AGT Decommisioning of flammable / combustible liquid tanks: upto 1100 gallon capacity 155.00$ 162.75$ Fire Permit UST/AGT Decommisioning of flammable / combustible liquid tanks: 1101- 10,000 gallon capacity 300.00$ 315.00$ Fire Permit UST/AGT Decommisioning of flammable / combustible liquid tanks: 10,000 gallon capacity and above 550.00$ 577.50$ Fire Plan Check Plan review fees - (% of total permit fee)65%65% Fire Plan Check 3rd Party Review Cost Recover actual costs + technology Cost Recovery actual Cost Recovery actual Fire Special Inspections Special / Technical Inspections - Cost Recovery actual costs Cost Recovery actual costs Cost Recovery actual costs Fire False Alarms 3 False Alarms in any 3 month period: no fee $ 200.00 Fire False Alarms 4 or more false alarms in 3 months (per response) $ 650.00 $ 685.00 Fire MVA / Hazmat Supply recovery for foam, absorbents, or other materials - Cost recovery actual costs Cost Recovery actual Cost Recovery actual Ambulance Transport Rate--BLS Basic Life Support Transport Fee $ 980.00 $ 980.00 ADDED LINE Ambulance Transport Rate--ALS Advanced Life Support Transport Fee $ 1,075.00 $ 1,125.00 ADDED LINE Ambulance Mileage Mileage fee for patient transport (loaded miles) $ 17.00 $ 17.00 ADDED LINE Ambulance Treatment w/ out transport On scene patient treatment / care without transport. $ 250.00 ADDED LINE Ambulance School Dist. Athletic Standby Ambulance Standby for scheduled School District - Cost Recovery Athletic Events (per event) $ 400.00 Cost Recovery Permit $501 to $2,000- $52.50 for the first $500 Plus $6.30 for each additional $100 or fraction thereof, to and including $2,000 Fire Permit $2,001 to $25,000- $147 for the first $2,000 Plus $29.40 for each additional $1,000 or fraction thereof, to and Fire Permit $25,001 to $50,000- $677.25 for the first $25,000 Plus $81.27 for each additional $1,000 or fraction thereof, to and including Fire \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 142 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Ambulance Utility Rate Indexing CPI Adjustment for Ambulance Utility per Utility account (rounded to closest $.05) 12.60$ 13.40$ updated with CPI for Urban Wage Earners and Clerical Workers (CPI-W) at 6.16% Ambulance Non-residential Utility Fees Square Foot Fee for non-residential structures - 1 Additonal utility fee per 5,000 square feet or portion thereof to a maximum of 25. Ambulance Lodging Utility Fees Utility fee structure for hotels / motels - 1/2 of total room count shall be charged a per room utility fee Ambulance Committed EMS Standby Standby time for non-profit events (per hour, 1 hr min) $ 200.00 $ 210.00 Ambulance Committed EMS Standby Standby time for profit events: cost per hour (per hour, 2hr min) $ 200.00 $ 210.00 Ambulance Healthcare Education CPR / AED training--layperson - Cost recovery for course material Ambulance Healthcare Education CPR / Aed training--professional rescuer /healthcare (per student) $ 50.00 $ 55.00 Parks Recreation Youth -Per player fee (baseball/softball/soccer) $7-$12 $7-$12 Parks Recreation Adult - Per player fee (baseball/softball/soccer)20.00$ 20.00$ Parks Maintenance Picnic Table/Bench (each-applicable to Special Events)20.00$ 20.00$ Parks Maintenance Garbage Can (each-applicable to Special Events)10.00$ 10.00$ Parks Maintenance Porta Potty (each-applicable to Special Events)70.00$ DELETE Parks Maintenance Porta-Potty - Additional Service (per time)20.00$ DELETE Parks Maintenance Bleachers - 5 Row (per event)70.00$ DELETE Parks Maintenance Bleachers - 10 Row (per event)140.00$ DELETE Parks Recreation Surf 'n Slide Daily Admission (per person) $7-$17 $8-$16 Parks Recreation Surf 'n Slide 10 Punch Card (per person) $150-$160 $70-$160 Parks Recreation Surf 'n Slide Picnic Shelter (per hour)20.00$ $ 20.00 Parks Recreation Surf 'n Slide Senior Season Pass $55-$60/person $60-$80/person ADDED LINE Parks Recreation Surf 'n Slide Season Pass (per person) $55-$80 $65-$85 Parks Recreation Surf 'n Slide Youth Season Pass (per person) $55-$60 $60-$80 Parks Recreation Surf 'n Slide Child Season Pass $35-$40/person $35-$45/person ADDED LINE Parks Recreation Group Swim Lessons - All Levels 50.00$ $ 40.00 Parks Recreation Surf 'n Slide Body Boarding Lessons - Flowrider 50.00$ $ 50.00 Parks Recreation Surf 'n Slide Flowboarding Lessons - Standup 50.00$ $ 50.00 Parks Recreation Surf 'n Slide Private Rental (per hour) $815-$1,375 $930-$1490 Parks Recreation Surf 'n Slide - Semi-private Lessons - All Levels 75.00$ $80-$100 Parks Recreation Surf 'n Slide - No Show Fee 10.00$ DELETE Parks Recreation Lifeguard Certification Class 155.00$ $ 155.00 Parks Admin Picnic Shelter Rental - 4 Hours $55-$110 $55-$110 Parks Admin Picnic Shelter Rental - 8 Hours $80-$160 $80-$160 Parks Admin Special Event Application Fee $75 - $150 $75 - $150 Parks Recreation/Museum classes and programs - to be determined by class size & supplies Parks Recreation Parks/Recreation Programs - to be determined by class size & supplies Parks Recreation Recreational sports leagues - to be determined by class size & supplies Parks Recreation Ice Skating Admission (per person) $3-$4 $6-$7 Parks Recreation Ice Skating Admission Punch card $25Y/$35A $50Y/$60A Parks Recreation Ice Skate Rental (per person)6.00$ $ 4.00 Parks Recreation Ice Skating Admission Punch card with Skates $60Y/$90A $90Y/$100A Parks Recreation Ice Skating Season Pass (Indivudal) no Skates $45Y/$55A $45Y/$55A Parks Recreation Ice Skating Season Pass (Indivudal) with Skates $65Y/$95A $65Y/$95A Parks Recreation winter ice program - to be determined by class size & supplies Parks Recreation Group Broomball Party (per person)6.00$ 6.00$ Parks Recreation Ice Rink Private Rental (per hour) $105-$205 $140-$200 Parks Maintenance Softball Field Use (per game) $22Y/$27A/$40 non local $22Y/$27A/$40 non local Parks Maintenance Baseball Field Use (per game) $27Y/$37A $27Y/$37A Parks Maintenance Softball Field Lighting (per hour)15.00$ 15.00$ Parks Maintenance Soccer Field Lighting (per hour)12.00$ 12.00$ Parks Maintenance Baseball Field Lighting (per hour)18.00$ 18.00$ Parks Recreation Baseball/Softball Tournament Application Fee 100.00$ 125.00$ Parks Maintenance Baseball/Softball Crowd Fencing (per event)140.00$ 175.00$ \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 143 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Parks Admin Modifications $5.00 - $25.00 $5.00 - $25.00 Parks Maintenance Baseball Pitcher's Mounds (each per event)50.00$ 50.00$ Parks Maintenance Baseball/Softball Temporary Field Fencing 70.00$ 80.00$ Parks Administrative Cascade Campground Tent Site 35.00$ 35.00$ Parks Administrative Cascade Campground Tent Site Processing Fee 7.00$ 7.00$ Parks Administrative Cascade Campground RV Site 40.00$ 40.00$ Parks Administrative Cascade Campground RV Site Processing Fee 7.00$ 7.00$ Parks Administrative Cascade Campground Group Site 220.00$ 220.00$ Parks Administrative Cascade Campground Group Site Processing Fee 50.00$ 50.00$ Parks Administrative Cancellation Processing Fee (Campsite/Picnic Shelter)15.00$ 15.00$ Parks Administrative Amphitheater Rental (Daily)75.00$ 100.00$ Parks Recreation Community Garden Plot Rental (16-80 sq. ft.)11.00$ 11.00$ Parks Recreation Community Garden Plot Rental (81-160 sq. ft.)22.00$ 22.00$ Parks Recreation Community Garden Plot Rental (161-280 sq. ft.)27.00$ 27.00$ Parks Recreation Community Garden Plot Rental (281-512 sq. ft.)32.00$ 32.00$ Parks Recreation/Museum Museum & Art Center Membership (Individual) $20-$30 DELETE Parks Recreation/Museum Museum & Art Center Membership (Family)40.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Associate)55.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Booster)100.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Sponsor)250.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Patron)500.00$ DELETE Parks Recreation/Museum Museum & Art Center Membership (Benefactor)1,000.00$ DELETE Parks Maintenance Roto-tilling garden plots (per lot size)$11/$22/$27/$32 $11/$22/$27/$32 Parks Museum & Art Center Museum & Art Center Membership (Jackrabbit) $1.00-24.00 $1.00-24.00 Parks Museum & Art Center Museum & Art Center Membership (Rattlesnake)25.00$ 25.00$ Parks Museum & Art Center Museum & Art Center Membership (Rainbow Trout)40.00$ 40.00$ Parks Museum & Art Center Museum & Art Center Membership (Coyote)75.00$ 75.00$ Parks Museum & Art Center Museum & Art Center Membership (Bald Eagle)250.00$ 250.00$ Parks Museum & Art Center Museum & Art Center Membership (Wild Horses)500.00$ 500.00$ Parks Museum & Art Center Museum & Art Center Membership (Great Blue Heron)1,000.00$ 1,000.00$ Parks Museum & Art Center Museum & Art Center Membership (Columbian Mammoth) 5,000.00$ 5,000.00$ Parks Museum & Art Center Museum Field Trips $3.00-$4.00 Parks Recreation Adopt-A-Street Application Fee 50.00$ 50.00$ Finance Business License Bus lic. annual fee 85.00$ 85.00$ Finance Business License Bus. Lic Temporary local,transient 210.00$ 210.00$ Finance application fee Mobile and street vendors application fee 155.00$ 155.00$ Finance Fees Screening fee 110.00$ 110.00$ Finance Business License Bus. license fee - carnival 1st day 155.00$ 155.00$ Finance Business License - carnival 2nd day 75.00$ 75.00$ Finance Business License - carnival 3rd plus 50.00$ 50.00$ Finance Business License Bus. license fee - Circus 1st day 155.00$ 155.00$ Finance Business License - Circus 2nd day plus 75.00$ 75.00$ Finance Business License Bus license fee - Road show 1st day 65.00$ 65.00$ Finance Business License - Road show 2nd day plus 35.00$ 35.00$ Finance application fee Application fee pawnbrokers/2nd hand dealer 110.00$ 110.00$ Finance application fee Application review fee Solictors 85.00$ 85.00$ Finance application fee Application review fee Taxicabs 85.00$ 85.00$ Finance Business License telecommunication license 1,100.00$ 1,100.00$ Finance Business License telecommunication license - renewal 550.00$ 550.00$ Finance Business License telecommunication franchise 3,300.00$ 3,300.00$ Finance Business License telecommunication franchise - renewal 1,650.00$ 1,650.00$ Finance Business License Cable Franchise 4,400.00$ 4,400.00$ Finance Business License Cable Franchise - renewal 2,200.00$ 2,200.00$ Utility sanitation/garbage rates Attachment A (based on contractor fees on Dec. 1, 2021) Utility Water Rates residental basic (0-500 cubic feet) 3/4 inch meter 25.93$ DELETE Utility Water Rates resid over 500 (per 100 cf or portion thereof)0.96$ DELETE Utility Water Rates residental basic (0-1,000 cf) 1 inch (nearest 5 cents)30.81$ DELETE Utility Water Rates residental basic (0-2,500 cf 1.5 inch 45.30$ DELETE Utility Water Rates residental basic (0-10,000 cf) 2 inch 117.86$ DELETE Utility Water Rates dwelling with 2 living units (0-1000 cf)51.86$ DELETE Utility Water Rates dwelling over 1000 (per 100 cf or portion thereof)0.96$ DELETE \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 144 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Utility Water Rates dwelling with 2 living units (0-2,000 cf) 1 inch 61.62$ DELETE Utility Water Rates dwelling with 2 living units (0-5,000 cf) 1.5 inch 90.60$ DELETE Utility Water Rates dwelling with 2 living units (0-20,000 cf) 2 inch 235.71$ DELETE Utility Water Rates Commercial 500 cf 3/4 in.43.81$ DELETE Utility Water Rates commercial over 500 (per 100 cf or portion thereof)0.96$ DELETE Utility Water Rates commercial (0-1,000 cf) 1 in.48.63$ DELETE Utility Water Rates commercial (0-2,500 cf) 1.5 in.63.12$ DELETE Utility Water Rates commercial (0-10,000 cf) 2 in.135.68$ DELETE Utility Water Rates commercial (0-20,000 cf) 3 in.232.38$ DELETE Utility Water Rates commercial (0-35,000 cf) 4 in.377.49$ DELETE Utility Water Rates commercial (0- 50,000 cf) 6 in.522.55$ DELETE Utility Water Rates commercial (0- 90,000 cf) 8 in.909.48$ DELETE Utility Water Rates commercial (0- 150,000 cf) 10 in.1,489.82$ DELETE Utility sewer residential sewer rates -flat rate 37.97$ DELETE Utility sewer Duplex sewer rates - flat rate 75.95$ DELETE Utility sewer commercial sewer (0-1,000 cf)39.86$ DELETE Utility sewer commercial sewer over 1,000 cf (per 100 cf)1.56$ DELETE Utility Fixed Water Charge Single Family Residential & Duplex .75" Meter 22.52$ Utility Fixed Water Charge Single Family Residential & Duplex 1" Meter 24.99$ Utility Fixed Water Charge Single Family Residential & Duplex 1.5" Meter 32.45$ Utility Fixed Water Charge Single Family Residential & Duplex 2" Meter 69.76$ Utility Consumption Charge (per 100 cf)Single Family/Duplex Tier 1 (0-1,000 cubic feet)0.42$ Utility Consumption Charge (per 100 cf)Single Family/Duplex Tier 2 (1,001-3,000 cubic feet)1.27$ Utility Consumption Charge (per 100 cf)Single Family/Duplex Tier 3 (over 3,000 cubic feet)2.65$ Utility Fixed Water Charge Multi-Family .75" Meter 35.70$ Utility Fixed Water Charge Multi-Family 1" Meter 39.63$ Utility Fixed Water Charge Multi-Family 1.5" Meter 51.44$ Utility Fixed Water Charge Multi-Family 2" Meter 110.59$ Utility Fixed Water Charge Multi-Family 3" Meter 189.40$ Utility Fixed Water Charge Multi-Family 4" Meter 307.68$ Utility Consumption Charge (per 100 cf)Multi-Family 0.85$ Utility Fixed Water Charge Commercial .75" Meter 35.70$ Utility Fixed Water Charge Commercial 1" Meter 39.63$ Utility Fixed Water Charge Commercial 1.5" Meter 51.44$ Utility Fixed Water Charge Commercial 2" Meter 110.59$ Utility Fixed Water Charge Commercial 3" Meter 189.40$ Utility Fixed Water Charge Commercial 4" Meter 307.68$ Utility Fixed Water Charge Commercial 6" Meter 425.91$ Utility Fixed Water Charge Commercial 8" Meter 741.29$ Utility Consumption Charge (per 100 cf)Commercial 1.02$ Utility Fixed Water Charge Irrigation .75" Meter 35.70$ Utility Fixed Water Charge Irrigation 1" Meter 39.63$ Utility Fixed Water Charge Irrigation 1.5" Meter 51.44$ Utility Fixed Water Charge Irrigation 2" Meter 110.59$ Utility Fixed Water Charge Irrigation 3" Meter 189.40$ Utility Fixed Water Charge Irrigation 4" Meter 307.68$ Utility Consumption Charge (per 100 cf)Irrigation 1.25$ Utility Fixed Water Charge Industrial .75" Meter 35.70$ Utility Fixed Water Charge Industrial 1" Meter 39.63$ Utility Fixed Water Charge Industrial 1.5" Meter 51.44$ Utility Fixed Water Charge Industrial 2" Meter 110.59$ Utility Fixed Water Charge Industrial 3" Meter 189.40$ Utility Fixed Water Charge Industrial 4" Meter 307.68$ Utility Fixed Water Charge Industrial 6" Meter 425.91$ Utility Fixed Water Charge Industrial 8" Meter 741.29$ Utility Consumption Charge (per 100cf)Industrial 1.02$ Utility Fixed Sewer Charge Single Family Residential 37.99$ Utility Fixed Sewer Charge Duplex 75.99$ Utility Fixed Sewer Charge Multi-Family Unit (per unit)10.72$ Utility Fixed Sewer Charge Commercial 40.76$ Utility Fixed Sewer Charge (per 100cf)Commercial Sewer Consumption 1.82$ Utility Fixed Sewer Charge Industrial 45.85$ \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 145 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Utility Fixed Sewer Charge (per 100cf)Industrial Sewer Consumption 2.01$ Utility Stormwater stormwater rates residential 6.08$ 6.45$ Utility Stormwater stormwater rates non-residential 0- 6,000 square feet 6.08$ 6.45$ Utility Stormwater Stormwater rates non-residential 6,001 - 15,000 sf impervious grnd cover 10.25$ 10.89$ Utility Stormwater Stormwater rates non-residential 15,001 - 30,000 sf impervious grnd cover 14.97$ 15.89$ Utility Stormwater Stormwater rates non-residential 30,001 -60,000 sf impervious grnd cover 29.83$ 31.67$ Utility Stormwater Stormwater rates non-residential 60,001 - 120,000 sfimpervious grnd cover 59.43$ 63.09$ Utility Stormwater Stormwater rates non-residential 120,001 -240,000 sf impervious grnd cover 118.93$ 126.25$ Utility Stormwater Stormwater rates non-residential over 240,000 sf impervious grnd cover 178.37$ 189.36$ Utility Administrative service charge for turn offs/ons after 4:00 pm 80.00$ 80.00$ Utility Administrative delinquent service charge 30.00$ 30.00$ Utility Administrative Sign-in fee 15.00$ 15.00$ Mun. Srvc.Water main tapping fee 3/4" - 2" tap 157.00$ 157.00$ Mun. Srvc.Water main tapping fee 4" - 6" tap 352.00$ 352.00$ Mun. Srvc.Water main tapping fee 8" tap 427.00$ 427.00$ Mun. Srvc.Water main tapping fee 10" tap 542.00$ 542.00$ Mun. Srvc.Water main tapping fee 12" tap 628.00$ 628.00$ Mun. Srvc.Water sample Purity test per sample 108.00$ 108.00$ Mun. Srvc.Filling and flushing Newly constructed water mains Per 100 ft of line 26.00$ 26.00$ Mun. Srvc.water meter 3/4" meter 379.00$ 379.00$ Mun. Srvc.water meter 1" meter 476.00$ 476.00$ Mun. Srvc.water meter 1-1/2" meter 921.00$ 921.00$ Mun. Srvc.water meter 2" meter 974.00$ 974.00$ Mun. Srvc.Previously installed water srvc 3/4" service 2,166.00$ 2,166.00$ Mun. Srvc.Previously installed water srvc 1" service 3,250.00$ 3,250.00$ Mun. Srvc.Previously installed water srvc 1-1/2" to 2" service 4,333.00$ 4,333.00$ Mun. Srvc.Connect to existing main Any size (up to 4 hours)396.00$ 396.00$ Mun. Srvc.Connect to existing main After 4 hours (ea. additional hr w/ service truck & 2 workers (per hour) $ 200.00 200.00$ Mun. Srvc.Engineering inspector overtime Charge for working outside of normal hours (per hr)60.00$ 80.00$ Mun. Srvc.Assignment of Water Rights Domestic water rights charge per equivalent residential unit (ERU) when subdividing residential, commercial, and industrial real property. 1ERU = 0.6 ACRE FOOT of Water use. (per ERU min 1ERU per lot) 1,200.00$ Mun. Srvc.Water System Devlpmnt Chrg 3/4" water meter 1,435.00$ 1,435.00$ Mun. Srvc.Water System Devlpmnt Chrg 1" water meter 2,438.00$ 2,438.00$ Mun. Srvc.Water System Devlpmnt Chrg 1-1/2" water meter 4,856.00$ 4,856.00$ Mun. Srvc.Water System Devlpmnt Chrg 2" water meter 7,798.00$ 7,798.00$ Mun. Srvc.Water System Devlpmnt Chrg 3" water meter 14,709.00$ 14,709.00$ Mun. Srvc.Water System Devlpmnt Chrg 4" water meter 29,413.00$ 29,413.00$ Mun. Srvc.Water System Devlpmnt Chrg 6" water meter 61,528.00$ 61,528.00$ Mun. Srvc.Water System Devlpmnt Chrg 8" water meter 116,310.00$ 116,310.00$ Mun. Srvc.Water System Devlpmnt Chrg 10" water meter 177,945.00$ 177,945.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 3/4" water meter 856.00$ 856.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 1" water meter 1,455.00$ 1,455.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 1-1/2" water meter 2,884.00$ 2,884.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 2" water meter 4,560.00$ 4,560.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 3" water meter 8,731.00$ 8,731.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 4" water meter 17,456.00$ 17,456.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 6" water meter 36,390.00$ 36,390.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 8" water meter 69,022.00$ 69,022.00$ Mun. Srvc.Sewer System Devlpmnt Chrg 10" water meter 105,655.00$ 105,655.00$ Mun. Srvc.Signage V-Lock Fee Fastener base for street signs. Contractor can purchase equal product elsewhere n/a 35.00$ Mun. Srvc.Engineering plan review Engineering plan review - by city staff $300 min (up to 4 sheets) $75 for each add'l sheet $400 min, $100 for each add'l sheet \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 146 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Mun. Srvc.Engineering Plan Review Engineering Plan Review by 3rd Party (When required by Municipal Services Director) - $1000 deposit w/ Actual Cost Recovery ADDED Mun. Srvc.Stormwater Report Review Stormwater Report Review by City Staff ($400 deposit w/ Actual Cost Recovery) ADDED Mun. Srvc.Street obstruction permit Inspection fee - 2.5% of contruction costs, $50 min ADDED Mun. Srvc.Sewer Discharge Permit New discharge permit application 3,500.00$ 3,500.00$ Mun. Srvc.Sewer Discharge Permit Discharge permit renewal 1,700.00$ 1,700.00$ Mun. Srvc.Sewer Discharge Permit Annual Discharge permit fee 850.00$ 850.00$ Mun. Srvc.Stormwater Appeal Fee Persuant to MLMC 1303.050 55.00$ 55.00$ Mun. Srvc.hydrant rental Backflow Preventer (per day)5.00$ 50.00$ Mun. Srvc.hydrant rental fire hydrant meter rental per day 5.00$ 5.00$ Mun. Srvc.hydrant rental fire hydrant useage (per 100 cf)0.97$ 0.98$ Mun. Srvc.hydrant rental fire hydrant rental with no city meter available - est. usage +$8.00 + est. usage 8.00$ Comm Dev Sidewalk Use Permits One time application fee of $150.00, each additional yearly fee 75.00$ 75.00$ Comm Dev Sidewalk Use Permits Sidewalk Use Fee and applicable leasehold taxes based on FMV upon license issuance (minimum fee $75.00)12.87% FMV 12.87% FMV Comm Dev Land Use Annexation 400.00$ 1,500.00$ Comm Dev Land Use Appeals 350.00$ 1,500.00$ Comm Dev Land Use Admin Appeals 500.00$ DELETE Comm Dev Land Use Binding Site Plan 1,000.00$ $800 plus $50 per lot Comm Dev Land Use Boundary Line Adjustment 250.00$ 500.00$ Comm Dev Land Use SEPA Environmental Checklist (Exempt)250.00$ 250.00$ Comm Dev Land Use SEPA Compliance (DNS, MDNS)350.00$ Comm Dev Land Use SEPA Co-Lead (per hour)50.00$ Comm Dev Land Use NEPA/SEPA Enviornmental Assessments (Recovery of all consultant costs will be billed in addition to the fee)1,000.00$ Comm Dev Land Use Environmental Impact Statement (Recovery of all consultant costs will be billed in addition to the fee)500.00$ 1,000.00$ Comm Dev Land Use Comp Plan Amendment - Text 800.00$ 800.00$ Comm Dev Land Use Comp Plan Amendment - Map 1,000.00$ 1,000.00$ Comm Dev Land Use Conditional Use Permit 1,000.00$ 1,650.00$ Comm Dev Land Use Development Agreement 1,500.00$ 1,800.00$ Comm Dev Land Use Planned Unit Development 1,000.00$ $1,650 plus $50 per lot Comm Dev Land Use Public Hearing Not Otherwaise Specified 60.00$ DELETE Comm Dev Land Use Right Of Way Vacation 200.00$ 500.00$ Comm Dev Land Use Appraisal for ROW Vacation (3rd Party Appraisal) Actual Cost w/$1,500 Deposit ADDED Comm Dev Land Use Shoreline Management Application 100.00$ 250.00$ Comm Dev Land Use Substantial Development and/or CUP 200.00$ 500.00$ Comm Dev Land Use Exemption - No additional fee required n/a n/a Comm Dev Land Use Variance 100.00$ 1,650.00$ Comm Dev Land Use Subdivision Application-Preliminary Short Subdivision 1-9 300.00$ $800 plus $50 per lot was 1-4 lots @ $300Comm Dev Land Use Subdivision Application-Preliminary Short Subdivision 5-9lots 500.00$ DELETE Comm Dev Land Use Subdivision Application-Preliminary Major Subdivsion 500.00$ $1,650 plus $50 per lot Comm Dev Land Use Subdivision Application-Final Short Subdivsion 200.00$ 200.00$ Comm Dev Land Use Plat Alteration 1,000.00$ ADDED Comm Dev Land Use Subdivision Application-Final Major Subdivsion $ 400.00 $ 400.00 Comm Dev Land Use Zone Change $ 1,000.00 $ 1,000.00 CommDev Land Use Revisions to approved Permits (50% of original fee) 50% of original fee ADDED Comm Dev Land Use Vacation Rentals ($350 initial) Annual Renewal $ 100.00 ADDED Comm Dev Land Use Zoning Variance (+cost of notification/pub/H.E. fee) - Actual +$ 100 + actual costs DELETE Comm Dev Building Permit (per foot)Per IBC Schedule Per IBC Schedule Comm Dev Building Permit Mercantile per foot Per IBC Schedule Per IBC Schedule Comm Dev Building Permit Storage per foot Per IBC Schedule Per IBC Schedule Comm Dev Building Permit Grading, Parking Lots and/or Stormwater permits $ 100.00 $ 100.00 Comm Dev Building Permit Technical Fee on all building permits 1%1% \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 147 of 184 CPI DEPART FEE TYPE FEE DESCRIPTION 2021 Fee 2022 Updated Fee 6.16 City of Moses Lake 2022 Fee Schedule Note: 2022 fee is effective January 1, 2022 Comm Dev Building Permit Demo Permit $ 150.00 $ 200.00 Comm Dev Building Permit Sign Permit Per IBC Schedule ADDED Comm Dev Building Permit Fence Permit $ 25.00 ADDED \\ss\D$\Files\Council Agendas\2021\11 23 Packet\06 02 Fee schedule 2022 .xlsx Moses Lake Council Packet 11-23-19, Page 148 of 184 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A Garbage Tags 3.18 3.00 GB005 Residential 1st 96 Gallon Cart 35.35 33.30 GB006 Residential 1st 64 Gallon Cart 23.57 22.20 GB007 Residential 1st 48 Gallon Cart 21.60 20.35 GB015 Senior 1st 96 Gallon Cart 17.69 16.66 GB016 Senior 1st 64 Gallon Cart 11.79 11.11 GB017 Senior 1st 48 Gallon Cart 10.80 10.17 GB025 Delivery 2nd Cart 6.97 6.57 GB030 Cart Removal/Exchange 13.97 13.16 GB150 (2)Commercial 48 Gallon Cart 1 Time a Week 14.36 13.53 GB151 (2)Commercial 48 Gallon Cart 2 Times a Week 22.51 21.21 GB155 Commercial 64 Gallon Cart 1 Time a Week 21.25 20.02 GB160 Commercial 64 Gallon Cart 2 Times a Week 34.98 32.95 GB165 Commercial 96 Gallon Cart 1 Time a Week 28.12 26.49 GB170 Commercial 96 Gallon Cart 2 Times a Week 48.98 46.14 GB175 Commercial 96 Gallon Cart Extra Pickup 14.41 13.57 GB200 1 Yard Dumpster 1 Time a Week 45.46 42.82 GB210 1 Yard Dumpster 2 Times a Week 80.43 75.76 GB215 1 Yard Dumpster 3 Times a Week 114.06 107.44 GB218 1 Yard Dumpster 5 Times a Week 151.51 142.72 GB220 Extra Pickup 1 Yard Dumpster 57.71 54.36 GB225 1.5 Yard Dumpster 1 Time a Week 62.21 58.60 GB230 1.5 Yard Dumpster 2 Times a Week 109.06 102.73 GB235 1.5 Yard Dumpster 3 Times a Week 156.10 147.04 GB240 Extra Pickup 1.5 Yard Dumpster 58.84 55.43 GB245 2 Yard Dumpster 1 Time a Week 74.83 70.49 GB250 2 Yard Dumpster 2 Times a Week 130.97 123.37 GB255 2 Yard Dumpster 3 Times a Week 187.51 176.63 GB260 2 Yard Dumpster 4 Times a Week 244.58 230.39 GB265 2 Yard Dumpster 5 Times a Week 303.55 285.94 GB270 Extra Pickup 2 Yard Dumpster 60.04 56.56 GB275 3 Yard Dumpster 1 Time a Week 103.67 97.65 GB280 3 Yard Dumpster 2 Times a Week 181.67 171.13 GB285 3 Yard Dumpster 3 Times a Week 260.21 245.11 GB287 3 Yard Dumpster 4 Times a Week 342.10 322.25 GB288 3 Yard Dumpster 5 Times a Week 431.22 406.20 GB290 Extra Pickup 3 Yard Dumpster 84.37 79.47 GB295 4 Yard Dumpster 1 Time a Week 128.93 121.45 GB300 4 Yard Dumpster 2 Times a Week 249.59 235.11 GB310 4 Yard Dumpster 3 Times a Week 354.34 333.78 06 03 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 11-23-19, Page 149 of 184 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A GB315 4 Yard Dumpster 4 Times a Week 461.49 434.71 GB320 4 Yard Dumpster 5 Times a Week 572.84 539.60 GB325 Extra Pickup 4 Yard Dumpster 104.86 98.78 GB330 6 Yard Dumpster 1 Time a Week 178.24 167.90 GB335 6 Yard Dumpster 2 Times a Week 340.05 320.32 GB340 6 Yard Dumpster 3 Times a Week 500.48 471.44 GB345 6 Yard Dumpster 4 Times a Week 659.54 621.27 GB350 6 Yard Dumpster 5 Times a Week 817.22 769.80 GB352 Extra Pickup 6 Yard Dumpster 119.27 112.35 GB355 8 Yard Dumpster 1 Time a Week 244.07 229.91 GB360 8 Yard Dumpster 2 Times a Week 459.34 432.69 GB365 8 Yard Dumpster 3 Times a Week 671.87 632.88 GB370 8 Yard Dumpster 4 Times a Week 877.53 826.61 GB375 8 Yard Dumpster 5 Times a Week 1,076.35 1,013.89 GB380 Extra Pickup 8 Yard Dumpster 143.97 135.62 GB390 Extra 1/2 Yard 8.20 7.72 GB395 Extra Bag, Box or Bundle 3.81 3.59 GB405 Temporary Delivery 2-8 yard 27.41 25.82 GB420 Temporary 2 Yard Dumpster 34.28 32.29 GB425 Temporary 2 Yard Dumpster Rental 5.83 5.49 GB440 Temporary 4 Yard Dumpster 54.85 51.67 GB445 Temporary 4 Yard Dumpster Rental 9.31 8.77 GB460 Temporary 6 Yard Dumpster 75.43 71.05 GB465 Temporary 6 Yard Dumpster Rental 11.82 11.13 GB480 Temporary 8 Yard Dumpster 96.55 90.95 GB485 Temporary 8 Yard Dumpster Rental 14.29 13.46 GB505 10 Yard Roll-off 1 Time a Month 418.21 393.94 GB510 10 Yard Roll-off Extra Pickup 308.50 290.60 GB515 10 Yard Roll-off 1 Time a Week 952.93 897.64 GB520 20 Yard Roll-off 1 Time a Month 502.37 473.22 GB525 20 Yard Roll-off Extra Pickup 358.53 337.73 GB530 20 Yard Roll-off 1 Time a Week 1,096.03 1,032.43 GB535 20 Yard Roll-off 2 Times a Month 714.00 672.57 GB540 30 Yard Roll-off 1 Time a Month 604.32 569.25 GB545 30 Yard Roll-off Extra Pickup 421.31 396.86 GB550 30 Yard Roll-off 1 Time a Week 1,446.42 1,362.49 GB555 30 Yard Roll-off 2 Times a Week 2,794.64 2,632.48 GB560 30 Yard Roll-off 2 Times a Month 918.64 865.34 GB565 40 Yard Roll-off 1 Time a Month 888.44 836.89 GB570 40 Yard Roll-off Extra Pickup 481.03 453.12 06 03 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 11-23-19, Page 150 of 184 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A GB575 40 Yard Roll-off 1 Time a Week 1,626.14 1,531.78 GB577 40 Yard Roll-off 2 Times a Week 3,252.20 3,063.49 GB580 Temporary Delivery 10-40 yd 55.29 52.08 GB585 Temporary Rent 41.46 39.05 GB595 2 Yard Compactor 1 Time a Week 165.24 155.65 GB600 2 Yard Compactor Extra Pickup 84.37 79.47 GB605 10 to 15 Yard Compactor 1 Time a Week 1,151.50 1,084.68 GB610 10 to 15 Yard Compactor 1 Time a Month 367.55 346.22 GB615 10 to 15 Yard Compactor 2 Times a Month 666.31 627.65 GB620 10 to 15 Yard Compactor Extra Pickup 343.36 323.44 GB625 16 to 20 Yard Compactor 1 Time a Week 1,664.02 1,567.46 GB630 16 to 20 Yard Compactor 1 Time a Month 458.12 431.54 GB635 16 to 20 Yard Compactor Extra Pickup 421.05 396.62 GB640 21 to 30 Yard Compactor 1 Time a Month 536.70 505.56 GB645 21 to 30 Yard Compactor Extra Pickup 446.56 420.65 GB650 21 to 30 Yard Turn Around 1 Time a Month 592.95 558.54 GB655 21 to 30 Yard Turn Around Extra Pickup 502.82 473.64 GB660 31 to 40 Yard Compactor 1 Time a Month 685.56 645.78 GB665 31 to 40 Yard Compactor Extra Pickup 466.19 439.14 GB670 30 Cans Downtown 197.45 185.99 GB680 Garbage Comm 21-30Yd Comp 1xWk 2,258.01 2,126.99 GB685 Garbage Comm 21-30Yd Comp 2xWk 4,516.05 4,254.00 GB710 15 Minutes Manpower 20.32 19.14 GB720 15 Minutes Truck 26.84 25.28 GB730 Return Trip 12.70 11.96 GB900 REC Garb Haul 25 Yd 242.08 228.03 GB910 REC Garb 25 Yd Single Swap 70.85 66.74 GB920 REC Garb 25 Yd Double Swap 106.29 100.12 GB940 REC Garb Overtime to Contractor 37.85 35.65 RGB005 96 Gallon Cart replacement 67.94 64.00 RGB006 64 Gallon Cart replacement 61.57 58.00 RGB007 48 Gallon Cart replacement 58.39 55.00 RGBLID Cart Lid replacement 21.23 20.00 Nonconforming services will be billed at the nearest higher rate shown in the above schedule for the type of service rendered. Commercial accounts may pick any combination or quantity of services shown in the above and be billed on one account. Yardage or landfill charge - special service amount charged at landfill multiplied by 1.50. 06 03 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 11-23-19, Page 151 of 184 Note: no chg at 9/1/2021 6.16% 01/01/22 01/01/21 Codes Description New Schedule A Prior Rates Schedule A City of Moses Lake-Solid Waste Rates Schedule A (1)Bill Code eliminated. Just use applicable resid (2)Eliminating commercial can service-- Replacing with commercial 48 gallon cart ser 06 03 Schedule A Lakeside Contracted Rate Increase.xlsx Moses Lake Council Packet 11-23-19, Page 152 of 184 Page 1 of 2 STAFF REPORT To: Allison Williams, City Manager From: Gail Gray, Interim Finance Director Date: November 18, 2021 Proceeding Type: New Business Subject: 2021 Budget Appropriation Ordinance Legislative History: •First Presentation: November 23, 2021 •Second Presentation: •Action: Motion Overview RCW 35.33.091 sets forth the requirements to amend the budget absent a true “emergency”. Most fund amendments are primarily the result of things already approved by Council but just not completely incorporated in the current budget. A summary of the changes follows: •Executive: The Human Resources Director was hired late October 2021. The position was not in the Adopted Budget, therefore the City is requesting a budget amendment for a total of $28,830 to cover salaries and benefits associated with the position in 2021. The position is appropriately budgeted in the Proposed Budget 2022 for the whole year. •Finance: Professional services for audits 2020 and 2021 are projected to be over budget. City is asking for $50,000 in budget adjustment for 2021 to cover the State Controller’s audits and associated consulting services. •Legal costs are projected to be over budget due to higher than usual hours with pending litigation. City is asking for $25,000 in appropriation for 2021. If the amount is not used in 2021, this will automatically go into fund balance. •Community Development: In May 2021, the budget amendment rolled over professional services costs from 2020 and recognized the additional consulting time needed for the project and ($140,000 was recognized at that time). The Comprehensive Plan requires implementing development code, and a new consulting contract was approved for this work $140,000. This was originally a part of the 2022 budget, but staff recognized Council had authorized it this year and therefore it is a being recognized as a part of the 2021 budget adjustment. The cost of this additional work is covered by better than expected building permit revenues. •Homeless Services: All expenditures incurred in 2021 are expected to be reimbursement through intergovernmental revenue. Sufficient resources are expected to cover the expenditures over budget in Fund 110. There are expected reimbursements of $322,500 for expenditures incurred and over budget in 2021. The net effect of the appropriation is $0. Moses Lake Council Packet 11-23-19, Page 153 of 184 Page 2 of 2 • Water Rights: There are Water Rights consulting services associated with the perfection process that were not accounted for previously. The City requests $125,000 to cover the expenses associated with the professional services assistance. During development of the 2022 Proposed budget, which requires analysis of 2021 budget trends and estimates, we noted several instances where additional appropriation is warranted so funds remain within budget at the end of 2021. In some cases, there is additional revenue to support the additional expenditures, either in program revenues or grants. In those cases that are not supported by additional revenue, the fund balance is adequate to absorb the increase. The attached ordinance increases the 2021 budget for 3 funds resulting in citywide total expenditures of $691,330 and adds $140,000 to estimated revenue for the General Fund and $322,500 for Homeless Services Fund. The budget amendment results in a net use of fund balance of $103,830 and 125,000 in the General Fund and Water Rights Fund, respectively. Homeless Services Funds has a net effect of $0. Fiscal and Policy Implications It is a compliance issue to have actual results be within the authorized appropriation. If we overspend an appropriation, the State Auditor’s Office would likely note it as an area of non- compliance with laws. Council Packet Attachment A. Ordinance and Schedule 1 Finance Committee Review N/A Legal Review N/A Options Option Results • Adopt Ordinance Increase the appropriation authority in each of the affected funds. • Modify the Ordinance Certain items could be taken out or added to the ordinance. • Take no action. Some fund’s 2021 expenditures may exceed budget authority, potentially causing an audit compliance issue. Action Requested Staff recommends City Council adopt the 2021 Budget Appropriation Ordinance 2995 as presented. Moses Lake Council Packet 11-23-19, Page 154 of 184 ORDINANCE NO. 2995 AN ORDINANCE AMENDING THE 2021 BUDGET FOR THE CITY OF MOSES LAKE; AND MAKING APPROPRIATIONS FROM UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS FOR EXPENDITURE DURING 2021 FOR VARIOUS PURPOSES AS DESCRIBED IN THE ATTACHED SCHEDULE Whereas, the various funds indicated on the attached Schedule 1 contain Unappropriated Fund Balances available for appropriation and expenditures during 2021 in various amounts and for the purposes mentioned in the attached Schedule; and Whereas, at the time of the adoption of the 2021 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF MOSES LAKE: Section 1. Appropriations are hereby made, for expenditure during 2021, from Unappropriated Fund Balances in the various Funds to the various accounts and in the various amounts, and for the specific purposes, all as specified in the Schedule attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage and approval as provided by law. Section 3. The City Council declares that an emergency exists and this ordinance is deemed a public emergency ordinance necessary for the protection of public health, public safety, public property, or public peace and shall take effect immediately as provided by law upon one reading if a majority plus one of the whole membership of the City Council vote in favor of passage. Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. PASSED BY THE CITY COUNCIL, and signed and approved this 23rd day of November, 2021. ______________________________________ David Curnel, Mayor Moses Lake Council Packet 11-23-19, Page 155 of 184 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Vacant Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: November 29, 2021 Date Effective: December 4, 2021 Moses Lake Council Packet 11-23-19, Page 156 of 184 Account #Account Name Amount Description GENERAL FUND Executive 001-002-51810-0111 Full-Time Salaries 20,000$ Human Resources Director 001-002-51810-0211 Social Security Benefit 1,530 Human Resources Director 001-002-51810-0213 Retirement PERS Benefit 2,300 Human Resources Director 001-002-51810-0221 Medical Insurance 5,000 Human Resources Director Finance 001-003-51423-0411 Professional Services 50,000 Finish 20 audit-prepare 20 Financial Stmts, Consulting services Legal 001-005-51530-0411 Professional Services 25,000 Legal cost increase Community Development 001-004-55860-0411 Professional Services 140,000 Development Code Update Total General Fund Expenditures 243,830 Revenue 001-004-32210-1000 Building, Structures Permit 140,000 Higher than expected Permit Revenue Net use of General Fund balance 103,830 HOMELESS SERVICES Expenditure 110-110-56540-0411 Professional Services 322,500 Homeless Program Revenue 110-000-33321-1000 Emergency Housing Grant 322,500 Expected Reimbursements Net use of Homeless Services balance - WATER RIGHTS Expenditure 471-471-53410-0411 Professional Services 125,000 Water Rights consulting Citywide Total Expenditures 691,330$ Revenues 462,500 Net 228,830$ City of Moses Lake 2021 Appropriation Schedule SCHEDULE 1 Appropriate out of unappropriated fund balances of the various funds and in the various amounts and for the purposes as described: 1 of 1 Moses Lake Council Packet 11-23-19, Page 157 of 184 ADMINISTRATIVE REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: November 17, 2021 Proceeding Type: Administrative Report Subject: Stratford Fill Tree Lights Working and Training Together to Light the Trees SUMMARY NARRATIVE: It has been several years since the Stratford Fill trees had lights in them. The trees had grown too high for Parks to string them from ground ladders anymore. This year Fire Services, Streets Crews, and Engineering came to the rescue. It was a team effort. Now we have Holiday Tree Lights across the fill to cheer each-and- every one of us. GOOD PARKS PREPARATION: The parks crews prepared well for the last step. Parks crews trimmed and extended lights to the lower branches, so only the top strings needed to be placed. This made the final bucket and ladder truck work quick and finished early. GOOD ENGINEERING PREPARATION: The Engineering team prepared an engineered Traffic Control Plan that can be used again each year. The plan can be used anytime the fill needs full closure. GOOD TRAINING & EARLY COMPLETION: The closure process, planning process, and mission delivery was good training. Parks, Fire Services, Streets, and Engineering Services all coordinated well and completed the field work as a team an completed it faster than planned. Municipal Services would like to thank the Parks Department, Streets Section, Fire Services, and Engineering Services for their initiative in planning, preparing, and mission delivery for this project. Excellent coordination between the departments shows that we are prepared to meet City challenges in the future. Good Training and Kudos to our City Crews. STREET CREWS HELPING PARKS FIRE CREWS HELPING PARKS REUSEABLE TRAFFIC CONTROL PLAN Moses Lake Council Packet 11-23-19, Page 158 of 184 ADMINISTRATIVE REPORT To: Allison Williams, City Manager From: Dave Bren, PE, Municipal Services Director Date: November 19, 2021 Proceeding Type: Administrative Report Subject: Moses Lake Municipal Airport Public Development Authority (PDA) For Purposes of an Airpark Development SUMMARY NARRATIVE: Council requested City staff research the possibility of a Public Development Authority for the Development of an Airpark for aerospace related Business and Residential use on the grounds of the Moses Lake Municipal Airport. The MRSC website provided several Public Development Authority examples throughout the State of Washington. Public Development Authorities are recommended for unusual endeavors that the parent City would not want to undertake itself. PDA’s are special purpose quasi-municipal corporations that are primarily authorized under RCW 35.21.730-759. A municipal Airpark fits the examples provided by the MRSC. PDA operations, policies, and procedures must meet the same governing laws and regulations of the Municipality. The Municipal Council provides general financial oversight and may disband the PDA. SPOKANE AIRPORT PDA EXAMPLE: The City of Spokane passed Ordinance C35522 in 2017 for the West Plains Airport Area to develop their business park. This is where the Amazon Center is at now. This is a recent, relevant, and local example to model for an ordinance with bylaws (Attachment A). LEGAL SUPPORT: Legal support will be necessary to proceed with the preparation of the PDA ordinance and bylaws documents in order to create an Airpark Development. KEY NEXT STEPS: • PREPARE FINANCIAL ANALYSIS • PREPARE ORDINANCE AND BYLAWS • COUNCIL ACTION • STATE REVIEW AND ACTION FALL 2021 AIRPORT LOOKING SOUTH-EAST CITY OF SPOKANE AIRPORT PDA ORDINANCE Moses Lake Council Packet 11-23-19, Page 159 of 184 Moses Lake Council Packet 11-23-19, Page 160 of 184 Moses Lake Council Packet 11-23-19, Page 161 of 184 Moses Lake Council Packet 11-23-19, Page 162 of 184 Moses Lake Council Packet 11-23-19, Page 163 of 184 Moses Lake Council Packet 11-23-19, Page 164 of 184 Moses Lake Council Packet 11-23-19, Page 165 of 184 Moses Lake Council Packet 11-23-19, Page 166 of 184 Moses Lake Council Packet 11-23-19, Page 167 of 184 Moses Lake Council Packet 11-23-19, Page 168 of 184 Moses Lake Council Packet 11-23-19, Page 169 of 184 Moses Lake Council Packet 11-23-19, Page 170 of 184 Moses Lake Council Packet 11-23-19, Page 171 of 184 Moses Lake Council Packet 11-23-19, Page 172 of 184 Moses Lake Council Packet 11-23-19, Page 173 of 184 Moses Lake Council Packet 11-23-19, Page 174 of 184 Moses Lake Council Packet 11-23-19, Page 175 of 184 Moses Lake Council Packet 11-23-19, Page 176 of 184 Moses Lake Council Packet 11-23-19, Page 177 of 184 Moses Lake Council Packet 11-23-19, Page 178 of 184 Moses Lake Council Packet 11-23-19, Page 179 of 184 Moses Lake Council Packet 11-23-19, Page 180 of 184 Moses Lake Council Packet 11-23-19, Page 181 of 184 Moses Lake Council Packet 11-23-19, Page 182 of 184 Moses Lake Council Packet 11-23-19, Page 183 of 184 Moses Lake Council Packet 11-23-19, Page 184 of 184